HomeMy WebLinkAboutC. Bulk Approval
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/19/10
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDI NG: Approval for the Friends of the Key West I nternational Airport to hold an Airport Open House
at KWIA on February 5, 2011.
ITEM BACKGROUND: Neal Carbaugh, the Aircraft Owners and Pilots Association (AOPA) local representative, has
formed the Friends of the Key West International Airport to support and promote General Aviation Activities. The event will
be much like the annual open house at the Florida Keys Marathon Airport, which is hosted by the local Experimental
Aircraft Association (EM). The Key West event will have static aircraft displays, and booths/tents promoting aviation
interests. This will not be an Air Show. No aerial demonstrations will be permitted.
PREVIOUS RELEVANT BOCC ACTION: None on this item
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: None INDIRECT COST: None
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING
BUDGETED: N/A
SOURCE OF FUNDS: N/A
No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney N/A
OMB/Purchasing N/A
Risk Management N/A
DOCUMENTATION: Included
Not Required X
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/19/10
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval for the Mayor to execute Airports Federal Aviation Administration and Florida
Department of Transportation Grants as received, to meet deadlines for return to granting agency, and expedite use of
grant funds. Grants to be ratified by the County Commission at the next County Commission meeting.
ITEM BACKGROUND: Numerous times over the past years, Airport grants have had extremely short turn-around times,
making it necessary for Airport staff to hand carry original grants to the Board meetings. Should the Mayor be able to
execute the grants as received, it will prevent situations where Airport grants must be placed on the agenda as add-ons. It
will also eliminate the need to have the grants executed by the Mayor, and signed by the Clerk and County Attorney at the
Commission meeting.
PREVIOUS RELEVANT BOCC ACTION: None on this item
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: 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 /YEAR:
APPROVED BY: County Attorney N/A
OMB/Purchasing N/A
Risk Management N/A
DOCUMENTATION: Included
Not Required X
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/19/10
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval for the most responsive low bidder for Janitorial Services at the Key West
International Airport to commence services immediately upon notification by the Airport Director, pending award of bid and
contract for services.
ITEM BACKGROUND: The janitorial company currently working at the airport, has provided emergency month to month
services since the contracted janitorial company's agreement was terminated. The bids for Janitorial Services will be
opened May 12, 2010. The Airport would like the responsive low bidder to commence services at the Airport as soon as
possible.
PREVIOUS RELEVANT BOCC ACTION: Approval to terminate contract with Class Act Cleaning Service, and approval to
advertise a Request for Proposals for Janitorial Services, 3/17/10.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: Unknown INDIRECT COST: n/a BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: Unknown
COST TO AIRPORT: Total yearly cost SOURCE OF FUNDS: Airport Operating Budget
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING:
No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney n/a
OMB/Purchasing n/a
Risk Management n/a
DOCUMENTATION: Included
Not Required X
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE:
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of award of bid to Gardens of Eden of the Florida Keys for landscaping services at
the Key West International Airport.
ITEM BACKGROUND: As per attached, five bids were received, four from Monroe County firms, and one from a Palm
Beach County company, Next Era Landscaping LLC. Gardens of Eden was the second lowest bid, but in our view the most
responsive. Next Era was the low bidder, however, we believe this vendor underestimated the staffing requirements, listing
only one full time and one part time person to perform the duties. It should be remembered that not only do we have three
hundred thousand dollars worth of new landscaping installed as part of the new terminal project, we also have one
hundred acres of movement area (runways, taxiways, safety areas, etc.) that must be maintained to Federal Aviation
Administration standards. The low bidder has no airport experience, nor did he provide any references for work performed
in Monroe County. For the above reasons and others, we believe that the lowest responsive bid is from Gardens of Eden,
a local firm that has been in business in Monroe County for more than 10 years, and has provided excellent service to the
Airport for the last six years.
PREVIOUS RELEVANT BOCC ACTION: Approval to advertise a Request for Proposals for Landscape Maintenance for
the Key West International Airport, 12/16/09.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: $100,000.00 per year
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO AIRPORT: $100,000.00
COST TO PFC: None
COST TO COUNTY: None
INDIRECT COST: N/A
N/A
BUDGETED: Yes
SOURCE OF FUNDS: Airport Operating Budget
REVENUE PRODUCING:
No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney N/A
OMB/Purchasing N/A
Risk Management N/A
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
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'4
PROPOSAL SPECIFICIA TlONS
LANDSCAPING SERVICES - KEY WEST INTERNATIONAL AIRPORT
Landscaping services are to be provided at the Key West International Airport, located at 3491 South
Roosevelt Boulevard, Key West, Florida 33040 for the Tenninal area, ARFF Building, parking lots,
access roads, and the runway/taxiway/aircraft ramp areas. Services are to be provided five (5) days
per week as follows:
TERMINAL AREAS. ARFF BUILDING. PARKING LOTS AREAS
Daily pick up trash and refuse throughout all parking lot areas
Mow and trim all grass areas as needed
Water potted plants as required
Fertilize plants, pots, shrubs and grass as needed
Trim palm tress to insure that fronds do not interfere with traffic
Trim and shape shrubbery as necessary
After mowing and trimming, remove all debris and blow,fea
ACCESS ROADS
Daily pick up trash and- refuse along the roadside
Trim palm tress to insure that fronds do not interfere with traffic
Trim and shape shrubbery as necessary
Mow and trim all grass areas as needed
After mowing and trimming, remove all debris and blow area
Trim trees for safety prior to the start of hurricane season
RUNWAY AND TAXIWAY AREA
As needed, mow and trim grass areas between aircraft parking ramps and taxiway to assure that
taxiway lights are clear of grass and are visible.
As needed, mow and trim grass areas between the taxiway and the runway to assure that all lights
are clear of grass and are visible.
GOVERNMENTROADfflUNKERARE~ENCEPE~ETER
As needed, mow and trim Bunker area, fence perimeter,'/and on Airport property along Goverrunent
Road.
SUPPLIES AND EOUlPMENT
Contractor to provide own supplies and equipment, and materials
BIDDING SPECIFICS
Due to the fluctuations in the growing season, the amount of time involved in mowing around the
runway and taxiway will vary with the seasons. The resulting landscaping effort could vary from a
low of approximately 40 man hours per week in the dry season, to a higher level of man hours
during the rainy/growing season. For this reason, it is requested that bids be made in terms of cost
per man hour with total bid price per year noted as "not to exceed".
EXHIBIT A. TO SAMPLE CONTRACT, SECTION 3. (pAGE 1 OF 2)
EXHIBIT
J-K-
,j
CONTRACT TERM
The contract will be for one (1) year, with the option to renew for three one year periods.
All employees or subcontractors of the Contractor must pass an airport background investigation,
including an FBI fingerprint examination. (See attached application) All employees or
subcontractors of the Contractor who are not citizens of the United States must have and posses
documented authorization to work in the United States, issued by the government of the United
States. Failure of such person to have and possess such documentation is a material breach of the
contract and will entitle Monroe County to terminate the contract for cause. The arrest, detention
or taking into custody of any of the Contractor's employees or subcontractors by the Bureau of
Customs and Border Protection constitutes sufficient evidence under this contract that the
contractor bas committed a material breach and entitles Monroe County to terminate this contract
fur cause.
The Airport shall pay the contractor for the perfunnance Jf services on a weekly arrears basis.
Insurance Reouirements
Workers CompensstiOIis :"$500,000
Vehicle Liability. $300,000 (CSL)
General Liability - $500,000 (CSL)
Employee Dishonesty - $ 1 00,000
Forms
Attached forms must be completed and attached to the bids: Non-collusion Affidavit, Sworn
Statement - Ordinance No. 10.1990, Public Entity Crime Statement, and Fingerprint Application
for Criminal History Record Check.
The Fingerprint Application for Criminal History Record Check must be completed by
Contractor and employees, and approved prior to Contractor conunencing Landscaping Services
at the Airport.
Ij
EXHIBIT A. TO SAMPLE CONTRACT, ~fCTION 3. (PAGE 2 OF 2)
PART IJ9-CERTIFlCATION OF AIRPORTS
Subpart A-General
Sec.
139.1 Applicability.
139.3 Delegation of authority.
139.5 Definitions.
139.7 Methods and procedures for compliance.
Subpart B-Certiflcadon
139.10 J General requirements.
139.103 Application for certificate.
139.105 Inspection authority.
139.107 Issuance of certificate.
139.109 Duration of certificate.
139.111 EKemptions.
139.113 De"rati~iii~,-'
Ij
Subpart C-Airport Certification Mauual
139.201 General requirements.
139.203 Contents of Airport Certification Manual.
139.205 Amendment of Airport Certification Manual.
Subpart D-Operatlons
139.301 Records.
139.303 Personnel.
. I 39.305 Paved areas.
_139.307 Unpaved areas.
- 139.309 Safety areas.
139.31 I Marking, signs. and lighting.
139.313 Snow and ice control.
139.315 Aircraft rescue and firefighting: Index detennination.
139.317 Aircraft rescue and tirefighting: Equipment and agents.
139.319 Aircraft rescue and firefighting: Operational requirements.
] 39.321 Handling and storing of hazardous substances and materials.
139.323 Traffic and wind direction indicators.
] 39.325 Airport emergency plan.
139.327 Self-inspection program.
-139.329 Pedestrians and Ground Vehicles.
139.331 Obstructions.
139.333 Protection of NA V AIDS.
J 39.335 Public protection.
139.337 Wildlife hazard management.
139.339 Airport condition reporting.
139.341 Identifying, marking, and lighting construction and other unserviceable areas.
139.343 Noncomplying conditions. II
EXHIBIT
I~
-
--
consistent with the instructions of the
manufacturer of the solvent.
(6) The pavement must be sufficiently
drained and free of depressions to
prevent ponding that obscures markings
or impairs safe aircraft operations.
(b) Paragraphs (a)(4) and (a)(5) of this
section do not apply to snow and ice
accumulations and their control,
including the associated use of materials,
such 8S sand and deicing solutions.
(c) FAA Advisory Circulars contain
methods and procedures for the
maintenance and configuration of paved
areas that are acceptable to the
Administrator.
t 139.307 Unpaved areas.
(a) In a manner authorized by the
Administrator, each certificate holder
must maintain and promptly repair the
surface of each gravel, turf, or other
unpaved runway, taxiway, or loading
ramp and parking area on the airport that
is available for air carrier use as follows:
(1) No slope from the edge of the full-
strength surfaces downward to the
existing terrain must be steeper than 2: I.
(2) The full-strength surfaces must
have adequate crown or grade to assure
sufficient drainage to prevent ponding.
(3) The full-strength surfaces must be
adequately compacted and sufficiently
stable to prevent rutting by aircraft or the
loosening or build-up of surface
material, which could impair directional
control of aircraft or drainage.
(4) The full-strength surfaces must
have no holes or depressions that exceed
3 inches in depth and are of a breadth
capable of impairing directional control
or causing damage to an aircraft.
(5) Debris and foreign objects must be
promptly removed from the surface.
(b) FAA Advisory Circulars contain
methods and procedures for the
II
maintenance and configuration of
unpaved areas that are acceptable to the
Administrator.
t 139.309 Safety areas.
(a) In a manner authorized by the
Administrator, each certificate holder
must provide and maintain. for each
runway and taxiway that is available for
ai r carrier use, a safety area of at least
the dirhensions that-
(I) Existed on December 31, 1987, if
the runway or taxiway had a safety area
on December 31, 1987, and if no
reconstruction or significant expansion
of the runway or taxiway was begun on
or after January I, 1988; or
(2) Are authorized by the
Administrator at the time the
construction, reconstruction, or
expansion began if construction,
reconstruction, or significant expansion
of the runway or taxiway began on or
after January I, 1988.
(b) Each certificate holder must
maintain its safety areas as follows:
(1) Each safety area must be cleared
and &fllded and have no potentially
hazardous ruts, humps. depressions, or
other surface variations.
(2) Each safety area must be drained
by grading or storm sewers to prevent
water accumulation.
(3) Each safety area must be capable
under dry conditions of supporting snow
removal and aircraft rescue and
tiretighting equipment and of supporting
the occasional passage of aircraft
without causing major damage to the
aircraft.
(4) No objects may be located in any
safety area, except for objects that need
to be located in a safety area because of
their function. These objects must be
constrwcted, to the extent practical, on
frangi61y mounted structures of the
--
-
lowest practical height. with the
frangible point no higher than 3 inches
above grade.
(c) FAA Advisory Circulars contain
methods and procedures for the
configuration and maintenance of safety
areas acceptable to the Administrator.
~ 139.311 Marking, signs, and
lighting.
(a) Marking. Each certificate holder
must provide and maintain marking
systems for air carrier operations on the
airport that are authorized by the
Administrator and consist of at least the
following:
(1) Runwa.y markIngs meeting the
specifications for takeoff and landing
minimums for each runway.
(2) A taxiway centerline.
(3) Taxiway edge markings, as
appropriate.
(4) Holding position markings.
(5) Instrument landing system (ILS)
critical area markings.
(b) Signs.
(1) Each certificate holder must
provide and maintain sign systems for
air carrier operations on the airport that
are authorized by the Administrator and
consist of at least the following:
(i) Signs identitying taxiing routes on
the movement area.
(ii)Holding position signs.
(iii) Instrument landing system (ILS)
critical area signs.
(2) Unless otherwise authorized by the
Administrator, the signs required by
paragraph (b)(I) of this section must be
internally illuminated at each Class I, II,
and IV airport.
(3) Unless otherwise authorized by the
Administrator, the signs required by
paragraphs (b)(1 )(ii) and (b)(1 )(iii) of
this section must be internally
illuminated at each Class III airport.
(c) Lighting. Each certificate holder
must provide and maintain lighting
systems for air carrier operations when
the airport is open at night, during
condidons below visual flight rules
(VFR) minimums, or in Alaska, during
periods in which a prominent unlighted
object cannot be seen from a distance of
3 statute miles or the sun is more than
she degrees below the horizon. These
lighting systems must be authorized by
the Administrator and consist of at least
the following:
(I) Runway lighting that meets the
specifications for takeoff and landing
minimums, as authorized by the
Administrator, for each runway.
(2) One of the following taxiway
lighting systems:
(i) Centerline lights.
(ii) Centerline reflectors.
(iii)jEdge lights.
(iv) Edge reflectors.
(3) An airport beacon.
(4) Approach lighting that meets the
specifications for takeoff and landing
minimums, as authorized by the
Administrator, for each runway. unless
provided and/or maintained by an entity
other than the certificate holder.
(5) Obstruction marking and lighting,
as appropriate, on each object within its
authority that has been determined by
the FAA to be an obstruction.
(d) Maintenance. Each certificate
holder must properly maintain each
marking, sign, or lighting system
installed and operated on the airport. As
used jn this section, to "properly
maintJtn" includes cleaning, replacing,
or repairing any faded, missing, or
nonfunctional item; keeping each item
unobscured and clearly visible; and
ensuring that each item provides an
accurate reference to the user.
-..--
--
least once every 36 consecutive calendar
months.
(i) Each airport subject to applicable
FAA and Transportation Security
Administration security regulations must
ensure that instructions for response to
paragraphs (b)(2) and (b)(7) of this
section in the airport emergency plan are
consistent with its approved airport
security program.
G) FAA Advisory Circulars contain
methods and procedures for the
development of an airport emergency
plan that are acceptable to the
Administrator.
(k) The emergency plan required by
this section must-be:submitted by each
holder of a Class II, HI, or IV Airport
Operating Certificate no later than 24
consecutive calendar months after June
9, 2004.
~ 139.327 Self-inspection program.
(a) In a manner authorized by the
Administrator, each certificate holder
must inspect the airport to assure
compliance with this subpart according
to the following schedule:
(1) Daily, except as otherwise
required by the Airport Certification
Manual;
(2) When required by any unusual
condition, such as construction activities
or meteorological conditions, that may
affect safe air carrier operations; and
(3) Immediately after an accident or
incident.
(b) Each certificate holder must
provide the following:
(I) Equipment for use in conducting
safety inspections of the airport;
(2) Procedures, facilities, and
equipment for reliable and rapid
dissemination of information between
the certificate holder's personnel and air
carriers; and
(3) Procedures to ensure qualified
personnel perfonn the inspections. Such
proce~ures must ensure personnel are
traine~, as specified under Sec. 139.303,
and . receive initial and recurrent
instruction every 12 consecutive
calendar months in at least the following
areas :
(i) Airport familiarization, including
airport signs, marking and lighting.
(ii) Airport emergency plan.
(Hi) Notice to Ainnen (NOTAM)
notification procedures.
(iv) Procedures for pedestrians and
ground vehicles in movement areas and
safety areas.
(v) Discrepancy reporting procedures;
and
(4) A reporting system to ensure
prompt correction of unsafe airport
conditions noted during the inspection,
including wildlife strikes.
(c) Each certificate holder must-
(I) Prepare, and maintain for at least
12 consecutive calendar months, a
record of each inspection prescribed by
this section, showing the conditions
found and all corrective actions taken.
(2) Prepare records of all training
given after June 9, 2004 to each
individual in compliance with this
section that includes, at a minimum, a
description and date of training received.
Such records must be maintained for 24
consecutive calendar months after
completion of training.
(d) FAA Advisory Circulars contain
metho~ and procedures for the conduct
of airport self-inspections that are
acceptable to the Administrator.
~ 139.329 Pedestrians and ground
vehicles.
In a manner authorized by the
Administrator, each certificate holder
must-
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(a) Limit access to movement areas
and safety areas only to those
pedestrians and ground vehicles
necessary for airport operations;
(b) Establish and implement
procedures for the safe and orderly
access to, and operation in, movement
areas and safety areas by pedestrians and
ground vehicles, including provisions
identifying the consequences of
noncompliance with the procedures by
an employee, tenant, or contractor;
(c) When an air traffic control tower is
in operation, ensure that each pedestrian
and ground vehicle in movement areas
or safety areas 1s c~ntrplled by one of the
following:
(I) Two-way radio communications
between each pedestrian or vehicle and
the tower;
(2) An escort with two-way radio
communications with the tower
accompanying any pedestrian or vehicle
without a radio; or
(3) Measures authorized by the
Administrator for controlling pedestrians
and vehicles, such as signs, signals, or
guards, when it is not operationally
practical to have two-way radio
communications between the tower and
the pedestrian, vehicle, or escort;
(d) When an air traffic control tower
is not in operation, or there is no air
traffic control tower, provide adequate
procedures to control pedestrians and
ground vehicles in movement areas or
safety areas through two-way radio
communications or prearranged signs or
signals;
(e) Ensure that each employee. tenant,
or contractor is trained on procedures
required under paragraph (b) of this
section, including consequences of
noncompliance, prior to moving on foot,
or operating a ground vehicle, in
movement areas or safety areas; and
(f) Maintain the following records:
(I ),A description and date of training
compFetcd after June 9, 2004 by each
individual in compliance with this
section. A record for each individual
must be maintained for 24 consecutive
months after the termination of an
individual's access to movement areas
and safety areas.
(2) A description and date of any
accidents or incidents in the movement
areas and safety areas involving air
carrier aircraft, a ground vehicle or a
pedestrian. Records of each accident or
incident occurring after the June 9, 2004,
must be maintained for 12 consecutive
calendar months from the date of the
accident or incident.
~ 139j31 Obstructions.
In a manner authorized by the
Administrator, each certificate holder
must ensure that each object in each area
within its authority that has been
determined by the FAA to be an
obstruction is removed, marked, or
lighted, unless determined to be
unnecessary by an FAA aeronautical
study. FAA Advisory Circulars contain
methods and procedures for the lighting
of obstructions that are acceptable to the
Administrator.
~ 139.333 Protection of NA V AIDS.
In a manner authorized by the
Administrator, each certificate holder
must1j
(a) Prevent the construction of
facilities on its airport that, as
determined by the Administrator, would
derogate the operation of an electronic or
visual NA V AlD and air traffic control
facilities on the airport;
(b) Protect-or if the owner is other
than the certificate holder, assist in
" \\,
....'>'"
It,
Gardens of Eden
Residential & Commercial
Landscaping & Maintenance
Lie,'llscd & Insured
ph/fax 005) 745-3677
cell (305) 304-80~9
Thank you for the opportunity to bid on landscaping services at Key West International
Airport.
As evidence of our qualifications to do business in an airport environment, Gardens of
Eden points to the fact that we are currently performing landscaping services at the
airport and have established professional and cordial relationships with all necessary
personnel. In addition, Gardens of Eden has always passed FAA airport inspections with
no violations. During the terrible 2004 and 2005 hurricane seasons, Gardens of Eden was
immediately available to begin clean up of debris from airport property. We pride
ourselves on our diligence in keeping the grounds looking clean and groomed taking care
to present the airport in a manner that the public would deem worth their tax dollars. We
have done all work in a timely and professional manner and have an excellent working
relationship with airport employees.
Employees of Gardens of Eden have been and are able to pass the criminal background
check and we currently have all necessary insurances and licenses.
Contracts similar to that ofthe Key West International Airport would be our long-term
contractual employment with the Florida Keys Community College. Since 2000, we have
maintained the property which has large, open areas which require mowing, trimming,
weeding, and pest control. In addition, we interact with a diverse public as we do at the
airport. Over the years, the college has been very pleased with our work.
Another significant contract is with Seaside Condominiums, which we have maintained
since May 2004. This is a large property of privately owned residences with large public
spaces planted with an abundance of trees, palms, shrubs, flowers and lawn that Gardens
of Eden maintains. Home owners and management alike have been very pleased with our
work and our commitment to keeping their property looking well-maintained and
beautiful.
Gardens of Eden's most recent contract is to maintain the property at Key West Harbor
Yacht Club on Stock Island, which consists of approximately 25 acres of trees, shrubs,
planted beds, and lawn.
Currently, Gardens of Eden services nine commercial properties ranging in location from
Key West to Big Coppitt with a total combined value of approximately $400,000.00
annually. Because we are a locally owned business, we are able to respond to our
properties quickly and efficiently.
Below are several references. If more are necessary, we would be pleased to provide
them.
References: Florida Keys Community College: Greg O'Flynn, 305-292-5150
Seaside Condominiums: Niels Weise, 305-393-6111
West Isle Club Apartments: Leigh Fewell, 305-294-3124
Saltponds Condominiums: Roger Holtkamp, 305-292-0222; 797-3144
Sincerely,
~~...
Desiree Bona, 92 Bay Drive, Key West, FL 33040, President
Anthony Bona, 92 Bay Drive, Key West, FL 33040, Vice-President
J. Gerson Feigenbaum, 92 Bay Drive, Key West, FL 33040, Treasurer
Daniel Areyzaga, 1010 Von Phister Street, Key West, FL 33040, Secretary
TOTAL PROPOSED COST FOR ANNUAL MAINTENANCE CONTRACT AT EYW:
$100,000.00 @ $25.00 per hour.
~tLice '(j\vp
NEXT ERA LANDSCAPING, LLC
3031 Fortune W<l, Suite A-I:-
Wellington. FI,'rida 33..\ 1..\
:'61- 792-6600
.:'(11-792-9632
:-61-792-9633 t,,\
[.mail: ^llIcrila\\ninCII<lol.colll
RE: Landscape Services @ Key West Airpot
April 2, 20 IO
To Whom It May Concern:
Upon extensive reviewing of the airport, our team at Next Era feels as though the nwnber ofbours that is
currently being billed is extensive in time allotted to complete the necessary services requested by the
airport in the bid specifications.
Next Era has developed an annual budget based on:
I) 31 Services overall required to the turflshrubs in the frontal areas
2) 18 Services overall for the aiJport runway areaslcomrnon grass- That would be divided into (7) months
@ two services and (5) months at one service per month.
3) One Full time, and one part time employee on site weekly. These techs would be responsible for garbage
cleanup, weeding bedded areas where necessary, keeping run_y lights from grass enc:roecbing, trimming
of shrubbery as needed, keeping tress &. paIrns lifted to avoid obstruction. Among these services, equipment
will be available for these teebs to handle additional operations as required ,as per the bid specifications.
4) Fertilization to turf (I 20 bags annually) &. shrub (21 bags annually)- S2900.00 Annually (included in
overall budgeted price)
"
Next Era will be utilizing the following equipment to complete the required work:
a) 2006 Bush Hog Batwing Mower (IS foot cutting span)- Owned
b) 2001 John Deer Wide Area Mower, 3S HP Diesel with cutting spam of over (12') feet- Owned
c) 2008 Dixie Choppers with 50-60" cutting declcs- Owned
d) Miscellaneous 2-Cycle equipment, ie. Weedeaters, edgers, blowers, etc...
Our firm feels because of having the rigbt equipment we can certainly narrow down the hours by nearly
(200A,) from the CIII'I'llDt allocation of hours.
...Hence, our overall hours billed on an annual basis will be {a),3585 tota I ma D hours. Cost per
man hour will be @ a rate of 25.00 oer man hour. ****
Total Cost of Landscaoe Service Annuallv for accumulated
hours as described above: $89.625.00
~",;~:.,~;f
~.."
". - .'..--."
__ .. .c fIJ'" a -oW
AVATAR HOME Bun.DERS
Neil Dubin
S61-400-0393
Project: T ~ ~,i~ to HOA common IIl'C8S for ocwIy dewIoped
communities. In addition. various ~ A Uriplion iIlst8Uation projcds.
CHEVRON PRODUCTS
Cedi Palin
lSo-SOI-22S&
Project: t.&intail~ up to 74 ac:rvke stadoos in Palm 8e8cb, Broward & Miami Counties.
ENTERPRISE RENT-A...cAR
Ian Henderson
954-354-5451
Project: CunartIy JIUIintaiD f:Wetd)'-seven ctifferaIt radIIIIOC8tioal includina their
c:orporate head qu.nen.
STORAGE MART
Brenda Jones
954-894-0333
PompIIDO Be8clI. FL 33062
Project l..aIWMpiDa and iniplioD iwttall.u- ad IIUIiIlteoaDce for aU of Stmqe
Mart.s Soutbeastern filcilities
O'Dd1 Laud Deve10pmaDt ConsulUUdl
Torn Knobel
561-753-7296
Project: CmIently maiJlbtiniPg the Wdli..,...., Tmiaiag Cluh BOA Property. lavolwd in
various i1ISt8I1IIion WOIk for IICW irrigItioD. aad .........
VILLIAGE OF TEQUESTA
Russel White
561-262-4339
Project: CumlDdy 1Tlainblin\Jta various riabt of ways & stmlt -'am. , VlIrioualmd8alpc
iDJttlllatioos.
MIAMI DADE COUNTY
Jose Sanchez
305-375-4512
Project: , ......,~ maiDtmaDce IIUJlI)Iied to A)IertmeDt fa:iliIia tbrousbout D8de
County.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/19/10
BULK ITEM: YES
DIVISION: COUNTY ADMINISTRATOR
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of Florida Department of Transportation Supplemental Joint Participation
Agreement for additional 1 00% funding for Security Upgrades at the Key West International Airport.
ITEM BACKGROLlND: The majority of the $250,000.00 will be used for Security Upgrades for the US Customs facility at
the Key West Airport.
PREVIOUS RELEVANT BOCC ACTION: Approval of Joint Participation Agreement for Security Upgrades at the Key
West International Airport, February 17, 2010.
CONTRACT/AGREEMENT CHANGES: Adds $250,000.00 of 100% funding for Security Upgrades at the Key West
Airport.
STAFF RECOMMENDATION: Approval
TOTAL COST: $250,000.00 in grant funds
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
INDIRECT COST: n/a
BUDGETED: Yes
SOURCE OF FUNDS: FOOT grant
REVENUE PRODUCING: n/a
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney pending
OMB/Purchasing X Risk Management N/A
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
- -l
I Con'"," wOh
CONTRACT SUMMARY
Contract #
Florida Department of Transportation
Effective Date: Execution
Expiration Date: 6/29/12
Contract Purpose/Description: Additional 100% funding for Security Upgrades at the Key West International
Airport
Contract Manager: Peter Horton
(name)
# 5200
(Ext.)
Airports - Stop # 5
(Department! Stop)
I for BOCC meeting on: 5/19/10
~genda Deadline: 5/4/10
CONTRACT COSTS
Total Dollar Value of Contract: $250,000.00, additional
Budgeted? Yes
Grant: Yes
County Match: None
Current Year Portion: -$125,000.00
Account Codes: 404-630 149-GAKD 122
Estimated Ongoing Costs: None
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Yes No
Airports Director ~:!L/ JQ.. ()(} ( f1r l+ ~/~/l 0
Risk Management ~~- ( ) ( ) P~l ~rton ~~-
O.M.B.lPurchasing ~~- ( ) ( ) ~anaggl(nt ~~-
for O~
County Attorney _/~- ( ) ( ) 1'''.LI~I''' 5 ~~-
County Attorney
Comments:
MONROE COllNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Florida Department of Transportation
Effective Date: Execution
Expiration Date: 6/29/12
Contract Purpose/Description: Additional 100% funding for Security Upgrades at the Key West International
Airport
Contract Manager:
I 1m BOee mee';"" 0".
Peter Horton
(name)
# 5200
(Ext.)
5/19/10
Airports - Stop # 5
(Department! Stop)
Agenda Deadline: 5/4/10
CONTRACT COSTS
Total Dollar Value of Contract: $250,000.00, additional
I Budgeted? Yes
Grant: Yes
County Match: None
Current Year Portion: -$125,000.00
Account Codes: 404-630149-GAKD122
Estimated Ongoing Costs: None
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries. etc.)
CONTRACT REVI EW
Date In
Changes
Needed
Yes No
Airports Director -l-l_
) ( )
( ) ( )
(J(
Risk Management -l-l_
o.M~purChaSing ![J-3-..J.J..Q
County Attorney -l-l_
( ) ( )
Comments:
Reviewer
perr Horton
AlA
~RiS~
for OMB
County Attorney
Da..:-l
_/-l_ I
-l-l_
OJ3,}O
-l-l_
~ [~ [0 ~ Ii WII~ lii:i
n MAY 012010 iii,
1;~--=c-~1V:J
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
n~~7
PUBLIC TRANSPORTATiON
~7
Page1or.c
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number One
Fund: DPTO
Function: 637
Federal No.:
DUNS No.:
Catalog of Federal Domestic Assistance Number:
Financial Project No.:
42645819401
(Item-segment- phase-sequence)
FLAIR Category 088719
Object Code: 750004
Org. Code: 55062020628
Vendor No.: F596000749053
Catalog of State Financial Assistance Number: 55.004
Contract No: APT62
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Monroe County - Key West International Airport
3401 South Roosevelt Boulevard, Key West, Florida 33040
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 12th
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "An appended
hereto; and
day of March
,2010
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"An for a total Department Share of $770,000.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
Increase funding allocation by $250,000.00 to include security upgrades of the US Customs facility - installation of alarm
system, upgrading of holding cell, cameras and prox card system on all exterior doors, enhance exterior security lighting,
airfield security cameras, and automatic security gate with prox card system at SIDA entrance.
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by
bringing the revised total cost of the project to $ 770,000.00
725-030-07
PUBLIC TRANSPORTATION
0?OlO7
Peg. 2 of.tl
$250,000.00
Paragraph 4.00 of said Agreement is increased by
$250,00000
bringing the Department's revised total cost of the project to $ 770,00000
3.00 Amended Exhibits:
Exhibit(s) B
4.00 Contract Time:
Paragraph 18 00 of said Agreement June
of said Agreement is amended by Attachment "A".
29th ,2012
725-<130-07
PUBLIC TRANSPORTATION
04J07
PiIlileJof4
Financial Project No. 42645819401
Contract No. APT62
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated March
and any subsequent supplements shall remain in full force and effect.
12th 2010
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
FDOT
Monroe County - Key West International Airport
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
SIGNATORY (PRINTED OR TYPED)
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development - 06
TITLE
TITLE
725-<)30-\)7
~UBlIC TRANSPORTATION
04'07
F'ege 40'4
Financial Project No 42645819401
Contract No. APT62
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and Monroe County - Key West International Airport
3401 South Roosevelt Boulevard, Key West, Florida 33040
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
Increase funds allocated by $250,000.00. - Alarm System, upgraded holding cell, cameras and prox card system, exterior
lighting - $150,000.; airfield security cameras - $75,000; Auto security gate prox card system - $25,000,
I. Project Cost: As Approved As Amended Net
$520,000.00 $770,000,00 $250,000.00
Total Project Cost $520,000,00 $770,000.00 $250,000.00
I. Fund As Approved As Amended Net
Department: $520,000,00 $770,000.00 $250,000.00
Agency: $0.00 $0.00 $0.00
$0.00 $0.00 $000
Total Project Cost $520,000.00 $770,000.00 $250,000.00
Comments:
SCOPE OF WORK FOR THE $250,000.00 SUPPLEMENT
TO OUR $520,000.00 FOOT EYW SECURITY GRANT
BUDGET FOR THE SUPPLEMENT
The budgets for these projects are estimates and it is envisioned that the entire security
upgrade may require more than one phase with additional funds to be requested next year.
Security upgrades at our US Customs facility including:
Installation of a security safe zone entrance at the front and rear ofthe building.
Installation of an alarm system.
Upgrade of the holding cell.
Cameras and prox card system on all exterior doors.
Enhance exterior security lighting.
$ 150,000.00
Furnish and install airfield security cameras.
$ 75,000.00
Automatic security gate with prox card system at SIDA entrance .
$ 25.000.00
Total
$ 250,000.00
IFSS
'ntet/rated PI,.. and Soc,u'ity SO/lIlio_
To: Key West International Airport
Attn: Peter Horton / Larry Flowers
Re: TSA Video Surveillance Monitoring Station
We have come across an issue with the surveillance monitoring station that was requested
by operations and by TSA. To match the system capabilities of the system that exist in
the security command center (Le. monitor size, security console, workstation, etc...) there
simply is not enough room in the TSA office. For a station to be a.dded to TSA we would
need to reduce the size oftbe monitor and working area for the system considerably.
Additionally we feel that having the monitor in the location they have available, is not in
the best interest of security as the monitor would be viewable from any persons in the
main room/lobby of the TSA office. As a best practice/industry standard, we would
recommend that this station and monitor be installed in a location that is specific to TSA
staff with the proper credentials to be viewing this video as many cameras are in secure
locations of the facility.
If you would like to discuss this issue further, please feel free to contact me with any
questions or concerns.
fft
~ 7 Wo
4/7 010
7857 Drew Circle Fort Myers, Fl 33967
Office (239) 415-4374 Fax (239) 415-4378
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~Y
Meeting Date:
5-19-2010
Division: _County Administrator
Bulk Item: Yes X No
Department: Social Services/In-Home Services_
Staff Contact PersonlPhone #: Sheryl Graham/X451 0
AGENDA ITEM WORDING: Approval of Amendment 005 to the Home Care for the Elderly (BCE)
Contract KH-972 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe
County Board of County Commissioners (Social Services/In- Home Services) for fiscal year 7/1/09 to
6/30/1 O.
ITEM BACKGROUND: Approval of Amendment 005 to the HCE Contract will increase the amount
under contract for Case Management by $1,466.00 from $10,721.00 to $12,187.00.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted for Amendment #004 to the
Home Care for the Elderly (HCE) Grant Contract #KH972 on 2-17-10.
CONTRACT/AGREEMENT CHANGES: Increase the amount of funding by $1,466.00, making the
total contract amount $12,187.00
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $12,187.00
INDIRECT COST: _-O-_BUDGETED: Yes -X-No
COST TO COUNTY: $0 (No Cash Match Required) SOURCE OF FUNDS: Grant
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
71-
APPROVED BY: County Arty r:k. OMB/Purchasing ~Risk Management _X_
Not Required_
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Alliance for Aging, Inc. Contract Amendment
004 to HCE Contract #
KH -972
Effective Date: July 1, 2009
Expiration Date: June 30, 2010
Contract Purpose/Description: Approval of Amendment 005 to the Home Care for the Elderly (HCE) Contract
#KH-972 to increase the amount of funding by $1,466.00 from $10,721.00 to $12,187.00
Contract Manager:
Sheryl Graham
(Name)
4510
(Ext.)
Social Services/Stop 1
(Department/Stop #)
For BOCC meeting on 5/19/2010
Agenda Deadline:
5/4/2010
CONTRACT COSTS
Total Dollar Value of Contract: $12,187.00
Budgeted? Yes X No Account Codes:
Grant: $ 12, 187.00 (Fiscal Year)
County Match: $0 (No Cash Match required)
Current ~ear Port' n: $
125 -61 9 -
- - -
- "~~'f
Estimated Ongoing Costs: $
(Not included in dollar value above)
/yr
ADDITIONAL COSTS
For:
(eg. Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Risk Management
f{;
o .M.B ./Purchasing
Yes
Date Out
Division Director
pJ:te lJ:
t.//~~()
\.\~~\V
~
Lt J( ~{()
Yes
County Attorney
,-//,qJ 10
Yes
Comments:
OMB Form Revised 2/27/01 MCP #2
Amendment 005
CONTRACT KH 972
Page 1
THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred
to as the "Alliance", and Monroe County Board of Commissioners.
The purpose of this amendment is to increase the amount under contract for Case
Management by $1,466 from $10,721 to $12,187, to cover 2 new referrals and adjust the
annual number of units per client.
The provider must adjust the Unit Cost Methodology to take this increase in funding into
account.
METHOD OF PAYMENT:
1. This amendment shall begin on July 1, 2009 or the date it 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 are hereby amended to conform with this amendment.
This amendment and all its attachments are hereby made a part of the contract. This
amendment and all its attachments are hereby made a part of the contract.
IN WITNESS WHEREOF, the parties hereto have caused this 1-page amendment to be executed
by their undersigned officials as duly authorized.
PROVIDER:
Monroe County Board of
Commissioners.
ALLIANCE FOR AGING, INC.
SIGNED BY:
SIGNED BY:
Sylvia J. Murphy
Max B. Rothman, JD, LL.M.
NAME:
NAME:
President & CEO
Mayor
TITLE:
TITLE:
5-19-2010
DATE:
DATE:
Amendment 004
CONTRACT KH 972
Page 1
THIS AMENDMENT, entered into between the Alliance for Aging, Inc. hereinafter referred
to as the "Alliance", and Monroe County Board of Commissioners.
The purpose of this amendment is to amend paragraph 1 and paragraph F of section III of
the original contract.
a) Paragraph 1 of the original contract, is hereby amended to read:
THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter
referred to as the "Alliance" and "Monroe County Board of Commissioners.", hereinafter
referred to as the "provider." THIS CONTRACT IS SUBJECT TO FURTHER
MODIFICATION IN ORDER TO INCORPORATE CERTAIN PASS-THROUGH
LANGUAGE REQUIRED BY THE STATE OF FLORIDA DEPARTMENT OF ELDER
AFFAIRS. ALL SUBSEQUENT MODIFICATIONS WILL BE MADE THROUGH
AMENDMENTS TO THIS CONTRACT.
Attachment I, II, III, IV and V are integral to this Agreement
b) Section III paragraph F of the original contract is modified to read:
Any payment due by the Alliance under the terms of this contract may be withheld pending the
receipt and approval by the Alliance of complete and accurate financial and programmatic
reports due from the provider.
This amendment shall begin on July 1, 2009 or the date it has been signed by both parties,
whichever is earlier.
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 are hereby amended to conform with this amendment.
This amendment and all its attachments are hereby made a part of the contract. This
amendment and all its attachments are hereby made a part of the contract.
IN WITNESS~HE OF, the ~s hereto have caused this 1-page amendment to be executed
by their undersign officials a Iy bori~Zd. /,~
PROVIDER: / '!" /f'-r-;;~,
=' ~/Y ' VU/'- . ALL!
onroe Ctunty Board of L/
SIGNED BY: om"1issloners. SIGNED BY:
Sylvia J. Murphy
NAME:
NAME:
Mayor
President & CEO
TITLE:
TITLE:
DATE:
DATE:
/ ,
C7;~ l/I ()
2-17-2010
I ~,
. .., \ '
:/~~/~I.;c. , ~~
c /1. /; ,
l/'-'<'/-! ,/"" .. '" ,':;
l.' 1->, ,~.. / 'J" ..' \
~. ~.
, ....."~'v
- ~----~~r----~~~---'
BOARD OF COUNlY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Division:
County Administration
Bulk Item: Yes --X- No
Department: Project Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Receipt of monthly report on change orders reviewed by the County
Administrator's Office.
ITEM BACKGROUND: There were no change orders considered or approved by the County
Administrator for the period beginning April 1, 2010 and ending April 30, 2010, and no change order
requests denied by Project Management or Engineering Services.
PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was
adopted in order to provide that the County Administrator may approve separate, non-cumulative
change orders for construction projects and professional service contracts in amounts not to exceed
$25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly
report of all change orders considered by the County Administrator.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST:
N/ A Indirect Costs
BUDGETED: Yes N/ A
No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
X
Not Required_
DISPOsmON:
AGENDA ITEM #
Revised 7/09
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Division:
County Administration
Bulk Item: Yes ~
No
Department: Proiect Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of a contract with Pedro Falcon Electrical Contractors, Inc.
for construction of new exterior stairs at the East Martello Towers.
ITEM BACKGROUND: On March 24,2010 a bid opening was held for the East Martello Exit Stair
Project. Three bids were received with Pedro Falcon Electrical Contractors submitting the lowest bid.
This project is funded by the Tourist Development Council (TDC) with a budget of $50,000.00. Any
remaining funds available shall be used for the refurbishing of the interior stairs.
PREVIOUS RELEVANT BOCC ACTION: On January 20,2010 the BOCC approved a contract
with Bender & Associates Architects, P.A. for Construction Administration Services for the East
Martello Exit Stair Project.
CONTRACTIAGREEMffiNTCHANGES:N~
STAFF RECOMMENDATIONS: Approval as stated above, leaving any available funds toward the
refurbishing of the interior stairs.
TOTAL COST: $36.600.00 INDIRECT COST: N/A
BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE: Lowest Bid was a Local Contractor
COST TO COUNTY: $36.600.00
SOURCE OF FUNDS:
IDC
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No X
APPROVED BY: County Arty 71~MB/Purchasing _ Risk Management _
DOCUMENTATION: Included X NotRequired_
DISPosmON:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pedro Falcon Electrical Contract #_
Effective Date: 05/19/10
Expiration Date:
Contract Purpose/Description:
Contract for the construction of the exterior stairs at the East Martello Towers
Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 05/19/1 0 Agenda Deadline: 05/04/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 36,600.00
Budgeted? Yes[2] No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 36,600.00
ll7-77040-530340-TM07456X-_
- - - -
-----
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-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes fN}}
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Comments:
OMB Form Revised 2/27/01 MCP #2
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iii
Section 00500
Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT
Made as of the Nineteenth day of May in the year of Two Thousand Ten.
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
Big Pine Key, Florida 33043
For the following Project:
EAST MARTELLO EXIT STAIR PROJECT
3501 SOUTH ROOSEVELT BLVD.
KEY WEST, FLORIDA 33040
The Scope of Work.:
Construction of new exit stairs and related construction.
Project Management
The Director of Project Management
Monroe County Project Management
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida, 33040
The Architect is:
Bender & Associates, P.A.
410 Angela Street
Key West, Florida 33040
1
License No.
AAC002022
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Bid Documents, Addenda
issued prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement: these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes
prior negotiations, representations or agreements, either written or oral. An enumeration of the
Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
Contractor shall construct new exterior stairs and foundation for support of stairs as shown in
the Construction Documents, Drawings, and Technical Specifications. New structures are
required to meet 150 mph wind load.
Contractor shall replace exterior doors at the top of the exit stairs with code compliant
historically correct doors and hardware.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2
is measured, and shall be the date of this Agreement, as first written above, unless a different
date is stated below or provision is made for the date to be fixed in a notice to proceed issued
by the Owner.
2
Unless the date of commencement is established by a notice to proceed issued by the Owner,
the Contractor shall notify the Owner, through the Director of Project Management, in writing
not less than five days before commencing the Work..
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Eighty (180) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the contract
or of specified phases of the contract shall be the calendar date or dates listed in the milestone
schedule.
liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,OOO.00/Day
$500,000.00 and Up 500.00/Day 1,OOO.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Thirty-Six Thousand Six Hundred Dollars and 00/100
Dollars ($36,600.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
Alternate #1: Replacement of the exterior doors at the top of the exit stair with code compliant
and historically correct doors and hardware.
3
If decisions on other alternates are to be made by the Owner subsequent to the execution of
this Agreement. Attach a schedule of such other alternates showing the amount for each and
the date until which that amount is valid.)
4.3 Unit prices, if any, are as follows:
N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Project
Management or Architect may require. This schedule, unless objected to by the Director of
Project Management or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage. Pending final determination of cost to the Owner of changes in the Work, amounts
4
not in dispute may be included in applications for Payment. No item in the Schedule of Values
shall exceed $25,000.00 without prior approval from Monroe County Project Management. For
items greater than $25,000.00, the amount of credit to be allowed by the Contractor to the
Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the
net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
Change Request, as indicated in the corresponding line item in the Approved Schedule of
Values for that line item as confirmed by the Director of Project Management. For items less
than $25,000.00, the amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be pursuant to
negotiation as outlined in General Conditions, Section 00750, Article 7.2. When both additions
and credits covering related Work or substitutions are involved in a change the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to that
change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management or Architect has
withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
Conditions.
5.7 Retainage will be withheld in accordance with section 218.735 (8), Florida Statutes
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
5
Director of Project Management and Architect. Such final payment shall be made by the Owner
not more than 20 days after the issuance of the final approval for payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment
Act.
7.3 Temporary facilities and services: As described in Section 01500 of the General
Requirements
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
6
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. 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, pursuant to
Section XVI of this agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs as an award against the non-prevailing party, and
shall include attorney's fees and courts costs in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advice of counsel.
7
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, perfonnance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a 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-(16), 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.
8
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
9
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart
v) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
10
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be tenninated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: General Specifications Sections 00030,00100,00110,
00163,00230,00300,00350, 00400,00500,00750,00970, 00980, 00990,01010,01015,
01027,01030,01040,01045,01050,01200,01301,01310,01370,01385,01395, 01400,
01410,01421,01500,01520, 01550,01560,01590,01595,01600,01630,01640,01700,
01710,01720,01730,01740, Technical Specifications Sections 03300,05120,05550,05600,
08370, 09900, Drawings A 1, A2, A3, A4, A5, and Addendums 1, 2, and 3.
9.1.1 The Agreement is this executed Standard Fonn of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated December 2009.
11
9.1.4 The Specifications are those contained in the Project Manual dated December 2009,
drawings A 1 (revised), A2 (revised), A3 (revised), A4, and A5 contained in Addendum No.3
dated March 4, 2010, Table of Contents and Technical Specification contained in Addendum
NO.3 dated March 4, 2010 and include Division 3 Section 03300, Division 5 Sections 05120,
05550, and 05600, Division 8 Section 08370, and Division 9 Section 09900.
9.1.5 The Drawings issued by the Architect for the construction of the East Martello Stairs are:
A 1, A2, A3, A4, and A5.
9.1.6 The Addenda, if any, are as follows:
Number
Date
Pages
1 & 3 drawings
1
45 & 5 drawings
1
2
3
01/28/10
02/18/10
03/04/10
9.1.7 The Alternates, if any, are as follows:
Alternate No.1: Replace exterior doors at top of exit stair with code compliant and historically
correct (appearance) doors and hardware (accepted).
Alternate No.2: Repair and Restore the Interior Stairs (not accepted).
END ALTERNATES
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.
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
Bid Proposal
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to Project
Management and Architect for use in the administration of the Contract, and the remainder to
the Owner.
Execution by the Contractor must be by a person with authority to bind the entity.
12
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
':;.J;.~."€Jkr..".. '.. r.\ AAII A
BY,~~_
PrjntName: Robert D. Allsbrook
CONTRACTOR
Pedro Falcon Electrical Contractors, Inc.
PZ;?/~~
By:
Print name: Christian Brisson
Tille: Senior Electrical Proi. Mgr.
Title:- asVicl:! Pres idt':!nt
Date: April 12, 2010
Date:April 12, 2010
"'-
A~
~.
-. ~
By: --:::;-:- _
Print Name: Patricia:J. Witt
Title: RnnkkpPlJPr
Date: April 12, 2010
.-:>>...~,,\(;:c rs rc~
...L~~~::-~;:,___._
>'/\. ::::. .;' ' , \..___ -... i":-::: 'J
",.~__~~ I-Ii) __~..___~____
STATE OF FLORIDA
COUNTY OF Monroe
On this.l1 day of April ,201~, before me, the undersigned notary public, personally appeared
Christian Brisson ,known to me to be the person whose name is subscribed above or who
produced N / A as identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for the construction of the East Martello Exit Stairs for the purposes therein
c~ tl,JIz
'-..LLh- 4- . A A .J:/./J'\..... --'
Notary ublic a
Laura A. Sturgeon
N?!.~Y PUBUC-STATE OF FLORIDA
I :'~ Laura A Sturgeon
- '.}CO~on#DD708166 Seal
JlON1.jJl)T6 00500
Print Name
My Commission Expires:
13
4.
5.
6.
7.
Section 00750
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
Table of Articles
1.
General Provisions
8.
Time
2.
Owner
9.
Payments and Completion
3.
Contractor
10.
Protection of Persons and
Property
Administration of the Contract
11. Insurance and Bonds
Subcontractors
12. Uncovering and Correction of Work
Construction by Owner or By Other
Contractors
13. Miscellaneous Provisions
Changes in the Work
14. Termination or Suspension of the
Contract
14
ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners bid documents, other documents listed in the Agreement and Modifications issued after
execution of the Contract, and the Contractor's bid and supporting documentation. A
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change
Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work
issued by the Architect.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Architect and Contractor, (2) between Project Management and Contractor, (3) between the
Architect and Project Management, (4) between the Owner and a Subcontractor or (5) between
any persons or entities other than the Owner and Contractor. The Owner shall, however, be
entitled to enforce the obligations under the Contract intended to facilitate performance of the
duties of Project Management and Architect.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Project Management.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
15
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect. All
copies of them, except the Contractor's record set, shall be returned or suitably accounted for to
Project Management, on request, upon completion of the Work. The Drawings, Specifications
and other documents prepared by the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to be construed as publication in
derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for
written specifications or 11 "x 17" drawings).
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
16
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits and fees
which are the responsibility of the Contractor under the Contract Documents. It is the
Contractor's responsibility to secure and pay for the building permit{s) for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
17
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Project
Management's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. If payments then, or thereafter,
due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum
of 24 hours notice. In the event of safety issues determined to be of a serious nature, as
determined by Project Management, notice will be given, and contractor is required to rectify
deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by Project Management, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Project Management and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Project Management or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to Project Management and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to Project Management and Architect, the Contractor shall
18
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to Project Management and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of Project Management as provided in
Subparagraphs 4.6.3 and 4.6.5.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Project Management or Architect in
their administration of the Contract, or by test, inspections or approvals required or performed
by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by Project
Management, the Contractor will remove and/or replace the employee at the request of Project
19
Management. Employees dismissed from the project will be transported from the job site at the
Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Project Management, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless otherwise
required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by Project Management or Architect, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which is legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits. impact fees. governmental fees,
licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or
Utility entities having jurisdiction over the project for the proper execution and completion of the
Work which are customarily secured after execution of the Contract and which are legally
required at the time bids are received. The Owner will assess Monroe County buildina permit
and Monroe County impact fees. The Contractor will be responsible for all building permit costs
or impact fees required for this project. The Contractor shall secure and pay for all building and
specialty permits including plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Project Management, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
20
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Project Management, Architect
and Owner, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Project Management and shall not be changed except
with the consent of Project Management, unless the superintendent proves to be unsatisfactory
to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Project Management's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised at appropriate intervals as required by the conditions
of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Work. This schedule, to be submitted within fourteen (14) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised as required by the conditions of the Work, and shall be subject to
Project Management's approval.
3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing
the Contractor's Work to avoid conflict, delay in or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 Architect and Project Management will schedule and conduct a project meeting at a
minimum of one meeting per month in each month which the Contractor shall attend. At this
meeting, the parties can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Project Management and Architect and shall be delivered to Project Management
for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
21
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by Project
Management is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance
with the schedule and sequence approved by Project Management, Shop Drawings, Product
Data, Samples and similar submittals required by the Contract Documents. The Contractor
shall cooperate with Project Management in the coordination of the Contractor's Shop
Drawings, Product Data, Samples and similar submittals with related documents submitted by
other Contractors. Submittals made by the Contractor which are not required by the Contract
Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by Project Management and Architect. Such Work shall be in accordance with
approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Project Management or Architect's approval of Shop Drawings,
Product Data, Samples or similar submittals unless the Contractor has specifically informed
Project Management and Architect in writing of such deviation at the time of submittal and
Project Management and Architect have given written approval to the specific deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples or similar submittals by Project Management's and Architect's approval
thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Project Management and Architect on previous submittals.
3.12.10 Informational submittals upon which Project Management and Architect are not
expected to take responsive action may be so identified in the Contract Documents.
22
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Project Management and Architect shall be
entitled to rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to Project Management for
approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of Project Management, Owner and such other contractors: such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of Project Management shall also be
required. The Contractor shall not unreasonably withhold from Project Management or any
separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Project Management.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project
Management may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor.
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3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Project Management and
Architect harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
subcontractors in any tier, occasioned by the negligence or the wrongful act or omission of the
Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars
($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative. Bender & Associates Architects, P.A. is the Architect on
this project.
4.2 Project Management
4.2.1 Project Management is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term "Project
Management" means Monroe County Project Management or Project Management's authorized
representative.
4.3 Duties, responsibilities and limitations of authority of Project Management and Architect
as set forth in the Contract Documents shall not be restricted, modified or extended without
written consent of the Owner, Project Management, Architect and Contractor. Consent shall not
be unreasonably withheld.
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4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect
whose status under the Contract Documents shall be that of the former Architect.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Project Management and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. Project Management and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.6.2 Project Management and Architect will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will keep the Owner
informed of the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Project Management and Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Project Management and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, the Architect will not be required
to make exhaustive or continuous onsite inspections to check quality or quantity of the Work.
On the basis of on-site observations as an architect, the Architect will keep the Owner informed
of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies
in the work.
4.6.6 Project Management, except to the extent required by Architect, will not have control
over or charge of and will not be responsible for construction means, method, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither
will be responsible for the Contractor's failure to carry out the Work in accordance with the
Contract Documents. Neither Project Management nor the Architect will have control over, or
charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Project Management, and shall
contemporaneously provide the same communications to the Architect. Communications by
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and with the Architect's consultants shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through Project Management and shall be contemporaneously
provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the Contractor,
including final payment. Project Management will assemble each of the Contractor's
Applications for Payment with similar Applications from other Contractor into a Project
Application for Payment. After reviewing and certifying the amounts due the Contractors, the
Project Application for Payment, along with the applicable Contractors' Applications for
Payment, will be processed by Project Management.
4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, Project Management will certify the amounts due the Contractors and will issue a
Project Approval for Payment.
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying Project Management. Subject to review by the Architect, Project
Management will have the authority to reject Work which does not conform to the Contract
Documents. Whenever Project Management considers it necessary or advisable for
implementation of the intent of the Contract Documents, Project Management will have authority
to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2
and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing
authority of Project Management will be subject to the provisions of SUbparagraphs 4.6.18
through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect.
However, neither the Architect's nor Project Management's authority to act under this
Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or
not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project
Management to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to Project Management those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project
Management, while allowing sufficient time in the Architect's professional judgment to permit
adequate review. Review of such submittals is not conducted for the purpose of determining
the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall
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not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 Project Management will prepare Change Orders and Construction Change Directives.
4.6.14 Following consultation with Project Management, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion, and will receive and forward to the Architect
written warranties and related documents required by the Contract and assembled by the
Contractor. The Architect will forward to Project Management a final Project Application for
Payment upon compliance with the requirements of the Contract Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of Project Management, Owner or
Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor, Project Management and Architect shall try to
resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of
the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by
the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
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4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions, and the parties will follow
the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) a written
order for a minor change in the Work issued by the Architect, (3) failure of payment by the
Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other
reasonable grounds, Claim shall be filed in accordance with the procedure established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
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other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project
Management for review by the Owner, Project Management and Architect the names of persons
or entities (including those who are to furnish materials or equipment fabricated to a special
design) proposed for each principal portion of the Work. Project Management will promptly
reply to the Contractor in writing stating whether or not the Owner, Project Management or
Architect, after due investigation, has reasonable objection to any such proposed person or
entity. Failure of Project Management to reply promptly shall constitute notice of no reasonable
objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Project Management or Architect has made reasonable and timely objection. The Contractor
shall not be required to contract with anyone to whom the Owner, Project Management, or
Architect has made reasonable objection.
5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Project Management or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
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5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner, Project
Management and Architect. Each subcontract agreement shall preserve and protect the rights
of the Owner, Project Management and Architect under the Contract Documents with respect to
the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice
such rights. When appropriate, the Contractor shall require each Subcontractor to enter into
similar agreements with Sub-subcontractors. The Contractor shall make available to each
proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may be at variance with the Contract
Documents. Subcontractors shall similarly make copies of applicable portions of such
documents available to their respective proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
i. If the work has been suspended for more than 30 days, the
Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Project Management. The Owner further reserves the right to award other
contracts in connection with other portions of the Project or other construction or operations on
the site under Conditions of the Contract identical or substantially similar to these including
those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Project Management,
the Owner shall provide for coordination of such forces with the Work of the Contractor who
shall cooperate with them.
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6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Project Management shall be held harmless for
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other
contractor's reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other contractors, the Contractor shall,
prior to proceeding with that portion of the Work. promptly report to Project Management and
Architect apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner's own forces or other contractors' completed or
partially completed construction is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors
have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall. within (72) hours of the occurrence of the cause
of the delay, notify Project Management in writing, of his contention: setting forth (A) the cause
for the delay, (8) a description of the portion or portions of work affected thereby, and (C) all
details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Project Management within (72)
hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Project
Management for an increase in the Contract price, nor a claim against the Owner or Project
Management for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
31
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Project Management, in consultation
with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Project
Management, Architect and Contractor; a Construction Change Directive require agreement by
the Owner, Project Management and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Project Management and signed by
the Owner, Project Management, Architect and Contractor, stating their agreement upon all of
the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
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.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Project Management is received, shall promptly
proceed with the Work involved. The cost of such Work shall then be determined by daily force
accounts in a form acceptable to the Owner and Project Management. The daily force account
forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each
man, each piece of equipment and total hours for equipment and all material(s) by type for each
extra Work activity claim. Each daily force account form shall be signed by the designated
Project Management representative no later than the close of business on the day the Work is
performed to verify the items and hours listed. Extended pricing of these forms shall be
submitted to Project Management with all supporting documentation required by Project
Management for inclusion into a change order. Unless otherwise provided in the Contract
Documents, cost shall be limited to the following: cost of materials, including sales tax and cost
of delivery; cost of labor, including social security, old age and unemployment insurance, and
fringe benefits required by agreement or custom; works' or workmen's compensation insurance;
and the rental value of equipment and machinery. Markups for overhead and profit will be in
accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account
shall be made as determined by Project Management. The amount of credit to be allowed by
the Contractor for any deletion or change, which results in a net decrease in the Contract Sum,
will be the amount of the actual net cost to the Owner as confirmed by Project Management.
When both additions and credits covering related Work or substitutions are involved in anyone
change, the allowance for overhead and profit shall be figured on the basis of the net increase,
if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general home/field office
expenses. The actual cost of Changes in the Work (other than those covered by unit prices set
forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
.2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark-
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
33
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(5%);
3. if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Project Management such as
certified quotations or invoices shall be provided by the Contractor to Project Management at no
additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Project Management, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project
Management written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Project Management for the Extra Work shall include a complete
description of the extra Work, the total cost and a detailed cost breakdown by labor, material
and equipment for each additional activity required to be performed. Mark-ups shall be limited
as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through Project Management and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
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8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Project Management in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Project Management, or by any other cause which Project
Management determines may justify the delay, then the Contract Time shall be extended by no
cost Change Order for such reasonable time as Project Management may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Project Management not more
than Seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
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8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to the
Architect, through Project Management, a schedule of values allocated to various portions of the
Work, prepared in such form and supported by such data to substantiate its accuracy as Project
Management and Architect may require. This schedule, unless objected to by Project
Management or Architect, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Architect an itemized Application for Payment for Work completed
in accordance with the schedule of values. Such application shall be notarized and supported
by such data substantiating the Contractor's right to payment as the Owner, Project
Management or Architect may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
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submittal of an Application for Payment all Work for which approval for payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 The Architect will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 After the Architect's receipt of the Project Application for Payment, Project Management
and Architect will either approve the Application for Payment, with a copy to the Contractor, for
such amount as Project Management and Architect determine is properly due, or notify the
Contractor in writing of Project Management's and Architect's reasons for withholding approval
in whole or in part as provided in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
separately by Project Management and Architect to the Owner, based on their individual
observations at the site and the data comprising the Application for Payment submitted by the
Contractor, that the Work has progressed to the point indicated and that, to the best of Project
Management's and Architect's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
Project Management or Architect. The issuance of a separate Approval for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount approved.
However, the issuance of a separate Approval for Payment will not be a representation that
Project Management or Architect has (1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work, (2) reviewed the Contractor's construction means,
methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received
from Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or (4) made examination to ascertain how or for
what purpose the Contractor has used money previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Approval
9.5.1 Project Management/Architect may decline to approve an Application for Payment if, in
his opinion, the application is not adequately supported. If the Contractor and Project
Management cannot agree on a revised amount, Project Management shall process the
Application for the amount it deems appropriate. Project Management may also decline to
approve any Application for Payment because of subsequently discovered evidence or
subsequent inspections. It may nullify, in whole or part, any approval previously made to such
extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2)
third party claims filed or reasonable evidence indicating probable filing of such claims; (3)
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failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum; (5) damage to Project Management, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Project Management.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
9.6.1 After Project Management and Architect have issued an Approval for Payment, the
Owner shall make payment in the manner and within the time provided in the Contract
Documents, and shall so notify Project Management and Architect. From the total of the
amount determined to be payable on a progress payment, a retainage in accordance with the
Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted
and retained by the Owner until the final payment is made. The balance of the amount payable,
less all previous payments, shall be approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by Project Management to be a part of the final quantity for the item of Work in
question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Project Management and Architect on account of portions of
the Work done by such Subcontractor.
9.6.4 Neither the Owner, Project Management nor Architect shall have an obligation to pay, or
to see to, the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
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9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Project Management to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Project Management
shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or
corrected. The Contractor shall proceed promptly to complete and correct items on the list.
Failure to include an item on such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project
Management, will make an inspection to determine whether the Work or designated portion
thereof is substantially complete. If the inspection discloses any item, whether or not included
on the list, which is not in accordance with the requirements of the Contract Documents, the
Contractor shall, before issuance of the Certificate of Substantial Completion, complete or
correct such item upon notification by the Architect. The Contractor shall then submit a request
for another inspection by Project Management, to determine Substantial Completion. When the
Work or designated portion thereof is substantially complete, Project Management will prepare a
Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Project Management, the Owner shall make
payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided
in the Contract Documents.
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9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Project Management shall jointly
prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of
the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the
progress of the Work shall be determined by written agreement between the Owner and
Contractor or, if no agreement is reached, by decision of Project Management.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and
Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order
to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a
written Notice that the Work is ready for final inspection and acceptance and shall also forward
to Project Management a final Contractor's Application for Payment. Upon receipt, Project
Management will forward the Notice and Application to the Architect who will promptly make
such inspection. When the Architect, based on the recommendation of Project Management,
finds the Work acceptable under the Contract Documents and the Contract fully performed,
Project Management and Architect will promptly issue a final Approval for Payment stating that
to the best of their knowledge, information and belief, and on the basis of their observations and
inspections, the Work has been completed in accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due the Contractor and noted in
said final Approval is due and payable. Project Management's and Architect's final Approval for
Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through Project Management (1) an affidavit that payrolls,
bills for materials and equipment, and other indebtedness connected with the Work for which
the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is made, is currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner,
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other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract.
9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect, Project Management that the subcontractors and materialmen have been paid is for
the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's Public
Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to Project Management for review and coordination
with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Project Management and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and
Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to Project Management in writing. The Owner, Contractor and Project
Management shall then proceed in the same manner described in Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor and Project Management the names and qualifications of persons or
entities who are to perform tests verifying the presence or absence of such material or
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substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor and Project Management will promptly reply to the Owner in writing
stating whether or not any of them has reasonable objection to the persons or entities proposed
by the Owner. If the Contractor or Project Management has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and Project
Management have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Project Management or Architect or anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault
or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner, Project
Management and Architect.
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10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in Section 00110 Proposal Form which are made part of this
Agreement. The Contractor will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments shall be imposed as if the Work commenced on the specified
date and time, except for the Contractor's failure to provide satisfactory evidence of insurance.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Project Management as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
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11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County-owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 The Owner shall require the contractor to furnish Builder's Risk insurance in an amount
equal to the contract cost.
11.3 Public Construction Bond
11.3.1 Not a requirement of this Contract.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to Project Management's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if required
in writing by either Project Management or Architect, be uncovered for their observation and be
replaced at the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which Project Management or Architect has
not specifically requested to observe prior to its being covered, Project Management or Architect
may request to see such Work and it shall be uncovered by the Contractor, if such Work is in
accordance with the Contract Documents, costs of uncovering and replacement shall, by
appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the
Contract Documents, the Contractor shall pay such costs unless the condition was caused by
the Owner or one of the other Contractors in which event the Owner shall be responsible for
payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Project Management or Architect
or failing to conform to the requirements of the Contract Documents, whether observed before
or after Substantial Completion and whether or not fabricated, installed or completed. The
Contractor shall bear costs of correcting such rejected Work, including additional testing and
inspections and compensation for Project Management's and Architect's services and expenses
made necessary thereby.
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12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from the
Architect issued through Project Management, the Owner may remove it and store the salvable
materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such
removal and storage within ten days after written notice, the Owner may upon ten additional
days' written notice sell such materials and equipment at auction or at private sale and shall
account for the proceeds thereof, after deducting costs and damages that should have been
borne by the Contractor, including compensation for Project Management's and Architect's
services and expenses made necessary thereby. If such proceeds of sale do not cover costs
which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency.
If payments then or thereafter due the Contractor are not sufficient to cover such amount, the
Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
45
t>
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds
himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Project Management.
13.3 Written Notice
13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor:
Vice President - Pedro Falcon Electrical Contractors. Inc.
31160 Avenue C
Biq Pine Key. Florida 33043
For Owner: Director of Project Manaqement
County Administrator
1100 Simonton St., Room 2-216
1100 Simonton St.
Key West, Florida
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
33040
Key West Florida
33040
13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
46
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give Project
Management and Architect timely notice of when and where tests and inspections are to be
made so Project Management and Architect may observe such procedures. The Owner shall
bear costs of test, inspections or approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If Project Management, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, Project Management and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to Project Management and Architect of when and where tests and
inspections are to be made so Project Management and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for Project Mangement's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to Project
Management for transmittal to the Architect.
13.5.5 If Project Management or Architect is to observe tests, inspections or approvals required
by the Contract Documents, Project Management or Architect will do so promptly and, where
practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
47
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by the Architect that sufficient cause exists to justify such
action, may without prejudice to any other rights or remedies of the Owner and after giving the
Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of
the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
END OF SECTION 00750
48
SECTION 00110
~.~~f)_
Monroe gounty ~
FaCilities Development
BID TO:
MAR 2.1~
~~EE!VED BY:~==~~"~."~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FlORJDA 33040
PROPOSAL FORM
BID FROM: Pedro Falcon Electrical Contractors, rnc.
31160 Avenue C
Big Pine Key, FL 33043
The undersigned. having carefully examined the Work and reference Drawings. Specifications.
Proposal. and Addenda thereto and other Contract Documents for the construction of:
EAST MARTELLO EXIT STAIR PROJECT. 3501 SOUTH ROOSEVELT BL VO, KEY WEST.
FLORIDA 33040
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof. and having familiarized
himself with material availability. Federal. State, and Local laws. ordinances, rules and
regulations affecting performance of the Work. does hereby propose to furnish all labor,
mechanics, superintendents. tools. material. equipment, transportation services. and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner. in conformance with said Drawings. Specifications. and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed. together with the local sources of supply and that he understands
the conditions under which the Work is to be performed. The successful bidder shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other
latent physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
The Base Bid shall be furnished below in woids and numbers. If there is an
Inconsistency between the two the Bid In words shall control.
Thirty two thousand two hnnon.o elo 11 ,qrl'l ,qnel 7.pro l'pnr I'l
(Total Base Bid- words)
Dollars.
$ ***32.200.00**
(Total Base Bid - numbers)
I acknowledge Alternates as follows:
ADD Al TERNA TE NO.1:
Replace exterior doors at top of exit stair with code compliant and historically correct
(appearance) doors and hardware.
ADD Four thousand four hundred dollars & zero cents
Words
**$4,400.00**
Numbers
ADD ALTERNATE NO.2:
Repair and Restore the interior stairs.
ADQrwenty one thousand two hundred dollars & zero cents
Words
I acknowledge ..oceipt of Addenda No.(s)
**21,200.00**
Numbers
No. 1 Dated
No.Z- Dated
No. 3 Dated
No._Dated
No._Dated
I have included pages 00110 - 3 through 12 of the Bid Proposal which entails the Proposal
Form~ and the required Bid SecuritY. XX . the Noo-Collusion Affidavit XX . the Lobbying
and Conflict of Interest Clause XX, the Drug-Free Workplace Form XX, the Local Preference
Form XX . the Subcontractor Usting Form XX, Insurance Requirements- Hold Harmless
Statement and an Insurance Agent's Statement (pages 00110-11) XX, and Supplementary Bid
Form For Unit Prices (page 00310 - 1 and 2). In addition, I have included a certified copy of
current Contractor's Ucense, Florida State active and legally viable entity status of corporation,
and Monroe County Occupational Ucense.
01/28/2010
02/18/2010
03/04/2010
(Check mark items above. as a reminder that they are included.}
Mailing Address:
Pedro Falcon Ele~trical Contractors, Inc.,
31160 Avenue C
Big Pine Key, FL 33043
Phone Number:
(305)
Date: 03/24/2010
Signed:
Christian Brisson
(Name)
as Vice President
(Title)
WItness:
q~a~?vYLi',".,',..,"~ :,'"
(Seal), ,'. ",,-
"
",
It "
, ,',,I
" ),
""~~ . ,~
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
SECTION 00110
NON-COLLUSION AFFIDAVIT
I, Christian Brisson of the city Big Pine Key,
according to law on my oath, and under penalty of pe~ury, depose and say that:
Vice President
STATE OF:
COUNTY OF:
Florida
1.
lam
ofthe finn of Pedro Falcon Electrical Contractors, Inc.
the bidder making the Proposal for the project described in the notice for calling for bids for:
East Martello Exit Stair Project, BID-ENG-55-310-2010-PUR/CV
and that I executed the said proposal with full authority to do so;
2.
The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
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
No attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition; and
3.
4.
5.
The statements contained in this affidavit are true and correct, and made with full knowledge that
~~~
(Signature of Bidder)
March 24, 2010
(Date)
FLORIDA
MONROE
Christian Brisson
PERSONAll Y APPEARED BEFORE ME, the undersigned authority,
who, after first being swom by me, (name ofindMdual signing) affixed hislher signature in the space provided above
on this 24 day of March , 20~.
NOTARYPUBUC-STATEOFFLORIDA ~ C2.~vrv
oti"" Laura A. Sturgeon ARY. UBUC (J
\ i CO~issi()n :/I DD708166
M .. ~:~PIres: OCT. 09, 2011
Y commISSIon e . I1ATT~lll>>fWKlQQ.1NQ
12/15/2009
00110-6
PROPOSAL FORM
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
. Pedro Falcon Electrical Contractors, Inc.
(Company)
warrants that hefrt has not employed, retained or otherwise had act on hlsllts behalf any fonner County
officer or employee in violation of Section 2 of Ordinance No. 01~1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 01~1990. For breach or violation of this provision the County may, in its discretion,
tenn/nate this contract without liability and may also, In Its discretion, deduct from the contract or purchase price, or
otherwise recover, the fun amount of any fee, commission, percentage, gift, or consideration paid to the fonner
County officer or employee".
7C/'~ ~~
(Signature) Christian Brisson, as V~ce l'resldent
Date: March 24, 2010
STATE OF:
COUNTY OF:
FLORDIA
MONROE
Subscribed and sworn to (or affinned) before me on
March 24, 2010
(date)
by
Christian Brisson
or has produced
identification)
NA
(name of affiant). He/iblecis personally known to me
as identification. (Type of
NOTARYPUBUC-STATEOFFLORIDA ~OTA PUBLIC a~.d./) {.eV1L-
~."..".,#... Laura A. Sturgeon i1
fJM.}Commission #DD708166
My commission ex~ Expil'P'" 0('1' llQJ ?011
"."'~-
BOmlIW THRl1 ATLANTIC: BONDING co" INC.
12/15/2009
PROPOSAL FORM
00110-7
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Pedro Falcon Electrical Contractors, Inc.
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy 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 thi
above requirements.
Christian BrissonBidders Signature as Vice President
March 24, 2010
Date
12/15/2009
PROPOSAL FORM
00110-8
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Pedro Falcon
Name of BidderlResponder Electrical Contractors, Inc'Date: March 24,2010
I. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? yes (Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County? yes
List Address:
31160 Avenue C, Big Pine Key, Florida 33043
Telephone Number:
(305) 872-2200
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to
local businesses meeting the criteria above as to licensing and location? yes
If yes, please provide:
1. Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Please see attached list
T I N b Please see attached list
e. urn er
~~~
Signature and Title of Authorized Signatory for
BidderlResponder
P . t N Christian Brisson, as Vice President
no ame:
STATE OF
FLORIDA
COUNTY OF
MONROE
On this 24 day of Marcl].20.l.Q, before me, the undersigned notaIy public, personally appeared Christian
Brisson . known to me to be the person whose name is subscribed above or who produced NA
as identification, and acknowledged that he/she is the person who executed the above Local
Preference Form for the purposes therein contained.
~~t?~~
Laura A. Sturgeon
My commission expires:
//)/~?/t
.
NOTARY PUBLIC-STATE OF FLORIDA
........, Laura A Sturgeon
(w) Co~missio~ /I DD708166
....,...~ ll't.ni.....: OCT. 09, 2011
'1'1,...,.. ~Vl>J' GCO INe
BONDEDTHRt1 ATI..ANTICBONDIN '. '
Print Name
12/15/2009
PROPOSAL FORM
00110-9
EAST MARTELLO EXIT STAIR PROJECT - KEY WEST
LOCAL PREFERENCE FORM
All Keys Welding
22550 La Fitte Drive
Cudjoe Key, FL 33042
305-294-3344
Key West Welding & Fabrication
5650 1 st Avenue
Key West, FL 33040
305-292-5555
Ichabod Crane Services, Inc.
30317 Overseas Highway
Big Pine Key, FL 33043
305-872-2661
Concrete Analysis & Testing Lab
1600 Y ellowtail Avenue
Marathon, FL 33050
305-743-555
12/15/2009
PROPOSAL FORM
00110-9
EAST MARTELLO EXIT STAIR PROJECT - KEY WEST
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph # w/area code Fax: Cell: Address
05 All Keys Welding Kenneth Dzielak 305-294-3344 305-744-0778 22550 La Fitte Dr.
Cudjoe Key, FL 33042
05 Grizzly acc Alain Belanger 305-888-2196 305-888-2197 786-514-0733 8410 NW 93"' St
Medlev. FL 33166
05 Key West Welding Steve Condella 305-292-5555 305-292-4945 5650 I st Ave.
and Fabrication Key West FI, 33040
05 Ichabod Crane Les Faust 305-872-2661 30317 Overseas Hwy
Services Big Pine Kev
03 Concrete Analysis & Lisa Butterfield 305-743-5555 305-743-0635 305-393-0643 1600 Yellowtail Ave
Testing Laboratories, Marathon, FL 33050
Inc
12/15/2009
PROPOSAL FORM
00110-10
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
BIDDER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation
Employers Liability
Statutory Limits
$100,000/500,000/100,000
General Liability, including
Premise Operation
Blanket Contractual
Expanded Definition of Property Damage
Products and Completed Operations
Personal Injury
$300,000 Combined Single Limit
Vehicle Liability (Owned, nonowned, and hired vehicles)
$100,000 Combined Single Limit
INDEMNIFICATION AND HOLD HARMLESS FOR CONSTRUCTION CONTRACTORS AND
SUBCONTRACTORS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damage, and expenses (including attorney's fees, court costs and expenses) which
arise out of, in connection with, or by reason of services provided by the contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the contractor or its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
12/15/2009
PROPOSAL FORM
00110-11
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
BIDDER'S STATEMENT
I understand the Insurance that will be mandatory if awarded the contract and will comply In full
with all the requirements.
Bidder
Pedro Falcon Electrical
Contractors, inc.
~~
Signature Christian Brisson, as Vice President
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named above. The following
deductibles apply to the corresponding polley.
POLICY
(}[ 6e)() ~),,15 - /
U (.&1 [S()uC/'-;' /7 :~ '3
DEDUCTIBlES
jo
J lOt (:JOd 6'.r..<...
,
liability policies are ~ccurrence
Claims Made
~~. ~' ~'-~--:"=-"~--'""-'-. J
/(~ gnatun:t -........- "'---
6(rr1e.(. ,EoJc#~'(, J>t.?~.l-s
Insurance Agency
END SECTION 00110
12/15/2009
PROPOSAL FORM
00110-12
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the Bidding
Documents as previously instructed herein.
Item
Description
Pages
1.
Proposal Form
3-4
2.
Bid Bond
5
6
3.
4.
Non-Collusion Affidavit
Lobbying and Conflict of Interest Clause
7
5.
Drug-Free Workplace Form
8
6.
Local Preference Form
9
7.
Sub-Contractor Listing Form
10
8.
Insurance Agent and Bidder's Statements
11-12
9. Contractor License
Current Copy to Be Submitted with Bid
Subcontractor Licenses to Be Submitted Prior to
Award of Notice to Proceed
10. In order to determine if the persons or entity submitting bids are responsible, all
bids for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five (5) percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a
list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of
documentation demonstrating that the entity is a legally viable entity shall be
attached. Pedro Falcon, 75%; Christian Brisson, 25%
Documentation attached showing entity is legal.
B. A list of the officers and directors of the entity; Pedro Falcon, President
Christian Brisson, Vice President
C. Relevant Experience: The number of years the person or entity has been operating
and, if different, the number of years it has been providing the service, goods, or
construction services called for in the bid specifications (include a list of similar
projects); see attached
D. The number of years the person or entity has operated under its present name and
any prior names; Incorporated May 1985, has not operated under any
prior names.
E. Answers to the following questions regarding claims and suits:
12/15/2009
PROPOSAL FORM
00110-1
EAST MARTELLO EXIT STAIR PROJECT- KEY WEST
a. Has the person or entity ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details.)
NO
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person or entity, or its officers or general partners? (If
yes, provide details.)
NO
c. Has the person or entity, within the last five (5) years, been a party to any law
suits or arbitrations with regard to a contract for services, gOOds or
construction services similar to those requested in the specifications with
private or public entities? (If yes, provide details.)
NO
d. Has the person or entity ever initiated litigation against the County or been
sued by the County in connection with a contract to provide services, goods or
construction services? (If yes, provide details.)
NO
e. Whether, within the last five (5) years, the OWner, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an officer,
general partner, controlling shareholder or major creditor of any other entity
that failed to perfonn services or furnish goods similar to those sought in the
request for bids;
NO
f. Customer references (minimum of three);
See attached
g. Credit References (minimum of three);
See attached
h. Financial statements for the prior three years.
( UAny financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a proposal for a
road or any other public works project is exempt from s. 119.07(1) and
s.24(a), Art. 1 of the State Constitution.")
See attached.
12/15/2009
PROPOSAL FORM
00110-2
www.sunbiz.org - Department of State
Page 1 of2
FI.ORIDA DEPARTMENT OF STATE
DIVISIO~ OF CORPOR,\TIO\'S
'//{;,1;1
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:..'\." '\ < "'~ :." " ,;~~'~
:~:.;.,:.:>;. .-...... -~~.._.,
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~-""~'-""'-"-------",,-,-^,->-~ _~~~M"""""_~'_____" ~,~~,""--,-_,_~_,~_,,____,~, ....-_......~~_. __...~~.....-.,._--...,~_....__N__--...-V~ v..~__....~"~'" ~_.,,__. ._. ___.___ ~_"'~., ...'___~,._~ ____....~_. ~""_._-. ___~
Detail by Entity Name
Florida Profit Corporation
PEDRO FALCON ELECTRICAL CONTRACTORS INC.
Filing Information
Document Number H58348
FEIIEIN Number 592550231
Date Flied OS/21/1985
State FL
Status ACTIVE
Principal Address
31160AVEC
BIG PINE KEY FL 33043 US
Changed 01/16/2004
Mailing Address
31160 AVE C
BIG PINE KEY FL 33043 US
Changed 03/18/1997
Registered Agent Name & Address
FALCON, PEDRO
31160 AVENUE C
BIG PINE KEY FL 33043
Address Changed: 02/19/1999
Officer/Director Detail
Name & Address
Title PDS
FALCON, PEDRO
31160 AVE C
BIG PINE KEY FL 33043
Title VP
BRISSON, CHRISTIAN N VP
653 BLACKBEARD ROAD
LITTLE TORCH KEY FL 33043
Annual Reports
Report Year Flied Date
http://sunbiz.org/scripts/cordet.exe?action=DETFIL&in'Ldoc _ number=H58348&in'L came_from... 3/22/2010
www.sunbiz.org - Department of State Page 2 of 2
2008 01/04/2008
2009 01/26/2009
2010 02/01/2010
Document Images
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02/27/2003 -- ANNUAL REPORT L. YLft'!Vll1Jag~ i'lPPF J9!'!lal. J
03/06/2002 -- ANNUAL REPORT L. Y;ewJm~ge J.IJJ)QF f9rrna.t.., J
01/26/2001 -- ANNUAL REPORT [ Vi~w il1)aae inPDF (orma! J
02/20/2000 -- ANNUAL REPORT L . ~.. V!~~!Ill~9.!3 inJ'!?f fQrm~~ ~,^.J
02/19/1999 -- ANNUAL REPORT [ ", View i[!1agein. ~DF J!)r'!l~t ]
03/03/1998 -- ANNUAL REPORT [ Yi~'-Y imageinPl?f format, ]
03/18/1997 -- ANNUAL REPORT [ < Yie'!V imag!3 in PDF fQrmat ]
04/30/1996 -- ANNUAL REPORT [ -- .. Vie,~ im!:~g~ in PDF form~t " .J
03/20/1995 -- ANNUAL REPORT [ . Vil?w imagei" PDF f<;>rmat J
I Note: This is not official record. See documents if question or conflict. I
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Copyright @ 2007 State of Florida, Department of State,
http://sunbiz.orglscripts/cordet.exe?action=DETFIL&in'L doc _ number=H5 8348&in'L came _from... 3/22/2010
EAST MARTELLO EXIT STAIR PROJECT - KEY WEST
SECTION 00100
BID PROPOSAL
Continued, Item Number 10 from page 00110-1 :
10. C. Relevant Experience: The number of years the person or entity has been
operating and, if different, the number of years it has been providing the
service, goods, or construction services called for in the bid specifications
(include a list of similar project);
Pedro Falcon Electrical Contractors, Inc. has successfully completed countless
projects in Monroe County, which include all disciplines of the construction
industry for the past 25 years. Projects include the historic restoration of the U. S.
S. Maine- Winslow Burial Plot to complete new buildings and renovated
structures. In summary, Pedro Falcon Electrical Contractors, Inc. has the ability,
knowledge, resources and team to give Monroe County a superior, well-built
project.
Similar Projects:
Big Pine Key Fire Station # 13
Big Pine Key Community Park
DfB Building 284, NAS
Building A-324, NAS
Escape Ladder, NAS
Long Key Park Ranger's House
10. F. Customer references (minimum of three);
Monroe County Facilities Development
1100 Simonton Street, Rm. 2-216
Key West, FL 33040
Jerry Barnett, (305) 292-4429
Joint Interagency Task Force South
SOCOM, Contracting Div. Attn: J-4
P.O. Box 9051, NAS
Key West, FL 33040
Sharon Kennan or Lori Balla
(305) 293-5689
NA VF AC, Southeast, FEAD
Bldg. A-629, NAS
P. O. Box 9018
Key West, FL 33040
Jeanette Sweeting
(305) 293-3499
EAST MARTELLO EXIT STAIR PROJECT - KEY WEST
SECTION 00100
BID PROPOSAL
Continued, Item Number 10 from page 00110-1 :
10. G. Credit References (minimum of three);
First State Bank of the Florida Keys
1201 Simonton Street
Key West, FL 33040
Shana Casey
(305) 872-4778
Bella Construction of the Keys
5615 Third Avenue
Key West, FL 33040
E. Braswell
(305) 294-2957
Rexel Consoliated
504 Angela Street
Key West, FL 33040
Jim Groff
(305) 296-6581
Concrete Analysis & Testing
Laboratories, Inc.
P. O. Box 500875
Marathon, FL 33050
Lisa Littlefield
(305) 743-5555
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
BRISSON, CHRISTIAN NORMAND
PEDRO FALCON ELECTRICAL CONTRACTORS INC
653 BLACK BEARD RD
LITTLE TORCH KEY FL 33042
"'..:, < .' . ." ,,;:'~:, . At#. ~;j,cS)>S5
==~ttea~~=~;:". 'i~_:~'i:~"f~~tt;
boxers to barbeque restaurants, and they keep Flooda s economy strong. : ,,:'3~:'&iC:1.50't6i1~, ". '.' . )~4i~~"ij~~'5if.jt6-':
Eve~ day w.e work 10 improve.the way we do business in order to serve you better: ,... <v>:-~;Y:~>.~,rJ_;,'~\f\':~;~~."":'
For Information about our 5erVlCe$. please log onto www.myflorldalic.e~se.eom. ".z'..;!'.;CE~T.I.F... . I$!). ....... .'4;.... . BNERA.L... ::..i:lb.E.... '... '..'~.'. '.~.' . ...':".,iji.,~.;,....;;
There you can find.more information about our divisions and the regulations that,'- .aR:i:SSOlJ~'::~t:STIAN,' l'I'(j . '.~'?,:i::;~;:o"0
impact.you, subscnbe to department newsletters and learn more about the .~. .. PEt:)ROpt'U~ON~iELE~tC . . \;"~Q~CT:
Department's Initiatives. , ..... . -' " . ...... .....;f;~f;.;;~~;*){~.-/.~~~~it"~~,:~~}.;;2
Our mission at the Department is: Ucense Efficiently, Regulate Fairly. We .. <-"'~;;; '>1' ,';;'c'i/:('J--:'- 'j
constantly strive to serve you better so that you can serve your customers. ;;...... . ....... . " "',,',: :;',"":". . ....., .::'.:{.... )~:...:,;:,,'
Thank you for doing business in Florida. and congratulations on your new license! t~.;: l:.~..;.,.:.,.QBR,..,... "'~....~'.~+'~.': :'.'~.,'!'.....N..,~,'.."9....':r-.hi,~~.:..~.,...;~~...1t:!Jt.;,..,.
,1;::; I<IiPliiloua,a 4&t.J. '~tr\t;RUl" . 'O:;(y: ,hQJ1l1'g\l1l9~"';' ';.
'::::(.::. ..<:;.'~C' '.' ~.~:~~~-~ /., .: :;:'t".';.::.t:::": :"~_'yf '-', .:;'_.':~' ';~-_'_J' -.~;:,"l t;:,-f?/~ ~,;. 1;'o'.'~' "'_'_.:':
~~~~..
. CHARLn .CRt?!t
OOVE1W:dt{,,;
. . ClrnCK DRAGO
INT:i::RiM SECMTARY
STATE OF FLORIDA--
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET 3
-~n-' FL j2399-078
(850) 487-1395
PEDRO FALCON ELECTRICAL CONTRACTORS INC
31160 AVENUE C
BIG PINE KEY FL 33043
RECEIVED
JUN 1 5 2009
Congratulationsl With this license you become one of the nearly one million t ~;II~;'i:~"'i~~;~:~:~~=:OF ":BUS:~cS~;~~g.~
Floridians licensed by the Department of Business and Professional Regulation. ~"'.!i\ ~B' "<!f'.' ,'. ~T'(f .' .... '.'
Our professionals and businesses range from archit~ to yacht brokers, from '~~~;~:l!.t~~pr<<-;~~f~,~~i;~~c"'~""J':~~..~i:~f~;
boxers to barbeque restaurants, and they keep Florida s economy sttong"f:?~;ml~;6il:'9.~;{.j;;"~:'~~!1o.~;t:19l<~'SO!)}:S3,92,
Every day weworl< to improve,the way we do business in order to serve you better.,)~(:~;,\:. ,<~J,. >';;1 / ';i':'"
For Information about our Services, please log onto www.rnyfloridalicense.com.;~;QP~IrII~J:H~.l{ES~ .,.P~~I.~,~lOp:,
There you can find more information about our divisions and the regulations that ::~;5P,MR.o "F. .' " . ..~e.OTRI~~";<::~m'~P:r
impact you, subscribe to department newsletters and learn more about the,{::{/". c:. .......... ....: ,i> ;\" ..,:< .'. :-:', ....:;'/,. /,r::" . (,8: .
Department's initiatives'~'~.:~,'(NOT"'At.i~ 'iT~.%l'E:RJi'C;)iUti~WORK". ...
~""o""SCOMp~' "o'{no.atfstNE'SS'.1:'F;.
Our mission <!t the Department is: License Efficiently, Regulate Fairly. we'~.:'/~~A. Ll:CENSin:~UALtjtI~';')'" ....
constantly strive to serv~ you '?etter ~o that you can serv.e your customers. .;},;i$:~trM:tF:rED Wid.ilt:tM, ~rovh~ ot;~;.89rs
Thank you for doing buSIness In Florida, and congratulations on your new llcensel ~,/,..,- -~;iiiiij-'4I',TQ3J.:2011AO.~o'8.a-~122.~'t:;~
{f.~: . ~;\V:':~.~:> ,..:.~;,:,,:: <~i.~"}2' .M:f ....
DETACH HERE
CHARLES W. DRAGO
SECRETARY
STATe OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS LICENSING BOARD
1940 NORTH MONROE STREET .
TALLAHASSEE FL32399-07S3
(8S0l 487-1395
FALCON,;PEDRO CIRILO
PEDRO FALCON ELECTRICAL CONTRACTORS INC
31160 AVEC
BId PINS KEY FL 33043
ECE'iVED
JUL 1 4 2008
BY:
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 497-1395
ALLSBROOK, ROBERT DAVID
PEDRO FALCON ELECTRICAL CONTRACTORS INC
29053 MARIGOLD DR
BIG PINE KEY FL 33043
'. I ~j:'t",Kft~ti~Z:"'h.:.it';, <.;;L'->~~':3~1~~~7l.
Congratulatlonsl With this license you become one of the nearly one mlOlon (i1i!;'c !!:~IL,v~~-~,;.t_, .' -.' ",,::;:.;
Roridlans licensed by the Oepartment of Business and Professional Regulation. i'. ;';.. "2'O,:;JI<<~',,~r1;
Our professionals and businesses range from archit~ to yacht brokers, from .::,~ ".~. ;r~:;';0".,l11J;~i;'2~'i:;" . ;;it~:.'5
boxers to barbeque restaurants, and they keep FlorJda s economy strong. ~1~~~~\W6.a#-,. ~. _,;1:"7;'. ~c2:Qt~~"y~1)~~'i)~)~j
Every day we work to improve the way we do business In order to serve you better.;i '\~'('~f7~,'~/;;l{~i;I>.:\,.~., :,;;i~~~,c(;:i,;:.J.;;!}~~~;V~;
For information about ou~ services, please log ~f? ~.myfloridalieense.com., ":I:t~;r,BIh~J4.'!q:'tRJ.cMf ~~~~Zi'
There you can find. more tnformation about our dIVISIonS and the regulations that '~.,:."~"..- ..'~ .~, R.. ()...PK:k"'~~R,q. Ij..~., RT. ,t),AVi... .._r;.../:;;,>.~;~i :;;i;.\.....;{k
Impact you, s~S?1~ to department newsletters and learn more about the;r\"~~~ ~;r;VAL<;qn1;SLBm~CAL~:.oo.iffM~
. =;;=~~.~n~~~~Y~:~~~~~m~~ ,i~1~tr~:~i~~!tjJ~~~~
Thank you for doing business in Florida, and congratulations on your new Iicensel'ff,._/ _,~\~i~~'~jr~:i!lt5~Q:~~.~,~~O~~bl~~~~
~f(;~H-~/l:W.-;'.v~ -~r;;>..:-,:!{.....<~/- "~i:-~.~-_:. ,(-....~::-~ "-;4-~F7i,.; _ ',iif~f_/':'~';>- ,~,,~l({:::\>jj'-"
DETACH HERE
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':r:N're~!M SEC:(tETAt{y
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19, 2010
Division: County Administration
Bulk Item: Yes ---K- No
Department: Proiect Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of a Contract for Professional Services with Bender &
Associates Architects, P.A. for the Design through Contract Administration for the Replacement of the
Perimeter Fencing at the West Martello Towers,
ITEM BACKGROUND: The replacement of the fencing is funded by the TOC. The project will
allow for more visitors/tourists to visit the site safely as well as allowing for additional events to be held
on site. The contract with Bender & Associates Architects is in accordance to the Continuing Contract
approved by the BOCC. Bender & Associates Architects were chosen for their expertise in historic
preservation.
PREVIOUS RELEVANT BOCC ACfION: On January 20,2010 the BOCC approved a Continuing
Contract with Bender & Associates Architects in which construction costs do not exceed $2,000,000.00
or for study activity if the fee for each individual study does not exceed $200,000.00.
CONTRACTIAGREEMffiNTCHANGES:N~
STAFF RECOMMENDA nONS: Approval as stated above.
TOTAL COST: $11.300.00 INDIRECT COST: BUDGETED: Yes 1L-No
DIFFERENTIAL OF LOCAL PREFERENCE: N/ A
COST TO COUNTY: $11.300.00 SOURCE OF FUNDS: IDC
REVENUE PRODUCING: Yes_ No X AMOUNTPERMONTH_ Year
APPROVED BY, County Atty ~~hasing _ Risk Management_
DOCUMffiNTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSUM:MARY
Contract with: Bender & Associates Contract #_
Effective Date: 05/19/10
Expiration Date:
Contract Purpose/Description:
Design through Contract Administration of the Perimeter Fencing at the West Martello
Towers.
Contract Manager: Ann Riger X4439 Facilities DeveVStop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 05/19/10 Agenda Deadline: 05/04/10
CONTRACT COSTS
Current Year Portion: $ 11,300
117-77040-530310-TM07668X-530310
Total Dollar Value of Contract: $ 11,300
Budgeted? Yes[gJ No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc,)
CONTRACT REVIEW
Division Director
J1t~.j:;
dO (0
W
YesO No[2(
Risk Management
O~B.lPurchasing L{ ?l1-ID
County Attorney L\ \m.\)
YesO No
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
/(J
[)
OK~~rY ~~,,~~E
(305) 294-4641
Monroe County
Project Management Department
1100 Simonton Street
Key West, FL 33040
(305) 292-4429
Fax (305) 295-4321
TO:
Monroe County BOCC
f~oman Gaste
FROM
DATE:
April 30, 2010
,r-- '... .---'''-'-
,
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy. District 5
Mayor Pro Tern Heather Carruthers, District 3
Kim Wigington, District I
George Neugent. District 2
Mario Di Gennaro, District 4
....i;;f,};d~.tiJ:.~l,;...~.. '.
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MEMORANDUM
i, . C
1./\(cJ
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SUBJECT: Selection of Continuing Contractor
County Policy governing the selection of Contractors from the pool of "Architect _
Engineer Continuing Contracf' 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.
Bender and Associates is the highest ranked firm in the rotation, that states in their
Submittal of Qualification that they posses this specific historic expertise. On January
20, 2010 the BOCC approyed adding Bender to the list of Continuing Contractors for
the specific purpose of addressing construction design issues related to the historical
forts in our area.
Therefore, I am requesting approval for this out of order selection for the East Martello
and the West Martello projects. These projects include the restroom renovation at the
East Martello, perimeter fence replacement at West Martello, brick and mortar repairs
at East Martello and brick and mortar repair at West Martello.
O~~rY ~o2~~E
(305) 294-4641
(-~---
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Heather Carruthers, District 3
Kim Wigington, District 1
George Neugent, District 2
Mario Di Gennaro, District 4
December 22, 2009
o
.' iiL,
..~. ....
Monroe County Board of County Commissioners,
Roman Gastesi, County Administrator
RE: Awarding Bender and Associates a Continuing Contract for AlE services
Dear Commissioners and Roman:
The top four (4) ranked Architects responding to an RFQ have been awarded a Continuing Contract for
Architect/Engineering Services (AlE). At this time, it would be to the County's advantage to award the 5th
ranked AlE firm (Bender and Associates) a Continuing Contract.
Originally, Project Management requested that four contracts be awarded, Project Management is, at this
time, asking that a fifth contract be awarded.
Bert Bender is the local authority on restoration and/or renovation of the forts and Martello's located in our
area. We will be involved in several projects on the forts and/or Martello's in the near future (we are
starting two at this time) and recommend that the County contract with an architect that has experience
with these historic structures,
Mr. Bender was contracted in the past to do a survey of the structures to determine the need for repairs.
He has also provided Architectural Services for the County on several projects for repair and renovation of
portions of these structures. These structures are historical in nature and great care must be taken to
preserve their value to the people of Monroe County and citizens of the United States of America.
Bender and Associates is the next ranked firm on the RFQ score sheet and has great knowledge and
experience with these structures. Therefore, it would be appropriate to offer Bender and Associates a
Continuing Contract for AlE Services.
Thank you for your consideration of this matter,
Sincerely, ~:c::,~ /1
QC:l~ t2.,e3&~/~
~rryA arnett, Director
Projec anagement
JAB/cai
I 100 Simonton Street
Key West FI 33040
Tel: 305-292-4429
Fax: 305-295-4321
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCmTECTIENGINEER
For
REPLACEMENT OF PERIMETER FENCING
At
WEST MARTELLO TOWERS, KEY WEST FLORIDA
THIS CONTRACT made as of the 19th day of May, 2010, FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement") is made and entered into by
MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, its successors and assigns through the Monroe County Board of County Commissioners
("BOCC"), and BENDER & ASSOCIATES ARCHITECTS, P.A. (the "Architect") ,whose address is
410 Angela Street, Key West, Florida 33040, its successors and assigns.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Architect/Engineer agree:
I. This contract shall be effective on the date of execution by the last party signatory to the contract.
2. This contract is in accordance to the Continuing Contract as approved by the BOCC on January
20, 2010 where professional services are to be rendered for projects in which the estimated construction
costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000.00). All
terms and conditions of the continuing contract approved by the BOCC shall apply to this contract.
Modifications to the existing contract consist of the following:
3. The Architect shall not disclose, publish, or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed by Architect or
other information to which the Architect has had access during the Term of the Continuing Contract
without the prior written approval of the County, during the Term of the Continuing Contract and for a
period of two years after the termination of the Continuing Contract. Nevertheless, the parties agree the
Architect may use and publish the County's name and give a general description of the work provided by
the Architect for the purpose of informing other clients and potential clients of the Architect's work
experience and qualifications.
4. Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes,
Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida
Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related
statutes, the burden of establishing such exemption, by way of iI1iunctive or other relief as provided by
law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with
a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing
Contract by the County.
5. Scope of Work: Replacement of the perimeter fencing, much of which is deteriorated to a point
of being unsafe. Replacement of the fence shall be in the same location as the original fence unless the
location must be changed due to statute, ordinance, or rule. Design the posts, pickets, and rails to be
similar to the existing. Provide all attachment designs and obtain approvals from all Historic Agencies.
Issues which must be addressed include: Archaeological protection of the resource, research alternatives
for anchorage to the resource, details developed in compliance with the Secretary of the Interior's
Standards and full coordination with the Florida Department of State, Division of Historic Resources
(DHR). Individual tasks along with required time scheduled is attached hereto as Exhibit "A".
6. Services shall include, but not be limited to: Preparation and completion of the design program
for space requirements and relationship, schematic design, design development, preparation of contract
documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids,
recommendation of contract awards, cost estimating during design and document preparation,
administration of contract documents, consultation and on-site inspections during construction, review
and recommend approval of contractor invoices, preparation and submittal or permit applications, zoning
applications, public presentation and presentations to the County Commission.
7. The cost for professional services shall be a lump sum of $11,300.00, billed monthly ending the
last day of each month. There shall be no reimbursable expenses associated with this contract.
8. All other tenus and conditions of this Contract shall comply with the Continuing Contract dated
January 26, 2010, which shall be made a part of this contract as if written herein in its entirety.
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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
WITNESS TO Architect's Signature:
By: ~~, m~vJ~
~gnature
3~f.-.L. mAywAlA
Print Witness Name
By:
Signature of Corporate Agent
~f2r l::frNO~
Print Name of Corporate Agent
Date:
1- ~ 7 · J 0
Date:
4, L7r /0
.' COUI\iTY~'.T}RJ1:'_'
14' '., :. :'\.,'ED (os TO~
_,_M~jJc___~._.__
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., '*f~ftJ--._.--_..*,..
March 11,2010
"Exhibit A"
Mr. Jerry Barnett, Director of Project Management
Monroe County Construction Mgmt.
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, FL 33040
Re: West Martello Fence, AlE Services
Dear Jerry:
Thank you for asking us to work with you on the West Martello fence repairs. As discussed, I have
researched various sources to determine what base documents are available that will minimize our time on
this effort. We have some historic documents on file, and Bill Horn has provided us with an AutoCAD site
plan, which will reduce our field documentation time substantially. I am researching the National Archives
for additional historic documents. Our fee proposal reflects that time savings.
The scope of services includes replacement of the perimeter fencing, much of which is deteriorated to a
point of being unsafe. Issues which must be addressed include: Archaeological protection of the resource,
research alternatives for anchorage to the resource, details developed in compliance with the Secretary of
the Interior's Standards and full coordination with the Florida Department of State, Division of Historic
Resources. Individual tasks along with our estimate of the time required for each follows:
Task Description Project Project Intern Admin.
Mana2er Architect Architect Assistant
Field Doc.to include some excavation, assess brick 4 4
and mortar
Existing conditions drawings, sections, details, etc. 2 8
Design dev.of details & anchorage to historic fabric 2 8
Submit and coordinate with DHR 2 I
Revisions and construction documents per DHR Req. I 8 I
HARC submittals and permitting assistance 3 2
Bidding support, including prebid meeting. 4 2
Construction phase site visits and reports (4) 8 8 2
Shop drawings and review of submittals 2 2 I
Project close out includes report to DHR I I
Total Hours 28 39 10
$lhour $180 $140 $100 $80
Labor cost $5,040 $5,460 $800
Atlantic Engineering Labor Cost N/A
HNGS Labor Cost N/A
I Total B&A Labor Cost $11,300 i
Based on the above analysis, we propose to provide the required services for a lump sum fee of $11 ,300.
Alternately, we will provide the required services on an hourly basis to a maximum of$12,000. There are
no reimbursable expenses associated with this contract.
Please call if you have any questions, or if the above does not reflect the required services.
Sincerely,
-t....:.--.~.;;-;_._-_.-
{.. ,'''' ~ ~
Bert L. Bender, Architect
1] O\Ill(rla Street
Kcv West. Florida )5040
Telephone UOS) 296-1.1-17
F;loimilc (50S) 296-2721
Flurida 1,Il'en,\'(! ,Ll C002021
www llend('(\rchitectscoJ1)
BLB:swm
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by
Monroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and
Bender & Associates Architects. P.A. ,the ("Architect")., whose address is 410 Angela
St. Key West. FL 33040. its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the Architect
by the Owner. The specific services to be performed under these separate contracts will
be determined by the Owner and agreed to by the Architect. Each separate contract will
contain specific scope ofworle, time schedule, charges and payment conditions,. and
additional tenns and conditions applicable to that specific contract. Architect will be
chosen pursuant to Owner policy and work will be distributed among all contractors who
have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the tenns of the separate contract, the tenns of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect makes the following express representations and
warranties to the Owner;
1.1.1 The Architect is a professional qualified to act as the Architect for the Project and
is licensed to practice Architecture/Engineering by all public entities having jurisdiction
over the Architect/Engineer and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect for the Project until the Architect's duties
hereunder have been fully satisfied;
1.1.3 The Architect shall become familiar with the individual Project site and the local
conditions under which the Project is to be designed, constructed, and operated prior to
entering a separate contract for any specific Project.
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The Architect
warrants that the documents prepared as a part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Monroe County Project Management Department's
information, a schedule for the performance of the Architect's services which may be
adjusted as the Project proceeds if approved by the Owner, and shall include allowances
for periods of time required for the Owner's and Monroe County Project Management
Department's review, and for approval of submission by authorities having jurisdiction
over the Project. Time limits established by this schedule and approved by the Owner
may not be exceeded by the Architect except for delay caused by events not within the
control of the Architect or foreseeable by him.
1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
2
shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the Architect.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.6, and other services identified as part of Basic Services, and include normal, civil,
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished by the Owner.
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents, consultation and on-site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Architect shall arrange his schedule in order to be available to perform the
listed services for one or for several projects if requested by COUNTY and with the
understanding that for any individual project the construction costs will not exceed the
limits under F.S. 287.055 (2Xg).
2.2 SCHEMA TIC DESIGN PHASE
2.2.1 The Architect shall review the County's program, schedule and construction
budget furnished by the Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Monroe County Project
Management Department's proposed site use and improvements, required pennits,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
3
2.2.3 The Architect shall review with the Owner and Monroe County Project
Management Department's alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroe
County Project Management Department's information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect continuing to the Design Development Phase.
2.3 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.3.1 Upon completion of the Design Development Phase, the Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Monroe County Project Management Department's information. The Architect shall
provide an estimate of anticipated costs in accordance with the design development
phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner
prior to Architect continuing to the Construction Documents Phase.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the
Monroe County Project Management Department's review.
2.4.2 The Architect shall assist the Owner and Monroe County Project Management
Department in the preparation of the necessary bidding information, bidding forms, the
Conditions of Contracts, and the forms of Agreement between the Owner and the
Contractors.
2.4.3 The Architect's construction documents (plans, specifications, etc.) wiH conform
to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
4
denied. then the Architect will confonn the construction documents in such manner to
receive permits upon such plans. Work required from file Architect to conform the
documents to federal, state, city, county, or agency specifications and permit
requirements to allow them to be approved shall be completed at no charge or cost to the
Owner.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Monroe County
Project Management Department in obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.5.2 The Architect shall assist the Monroe County Project Management Department in
issuing bidding documents to bidders and conducting pre-bid conferences with
prospective bidders. The Architect, with the assistance of the Monroe County Project
Management Department, shall respond to questions from bidders, and shall issue
addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6.1. The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction
and terminates with the issuance to the Owner ofthe final Project Certificate for Payment
including the submission of all project close-out documents by the Architect and
Contractor. The Architect will administer the Owner's contract as provided for in that
document. The Architect agrees to perfonn a project check prior to the end of the
warranty period as a part of the contract. The check shall not exceed one working day
unless additional time is approved by the Owner.
2.6.2 The Architect shall at all times have access to the Work whenever it is in
preparation or progress.
2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but
not othenvise, act on behalf, and be the agent, of the Owner throughout construction of
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the Architect or Monroe
County Project Management Department.
2.6.4 The Architect shall have authority, after notification to the Monroe County
Project Management Department to reject Work, which does not confonn to the Contract
Documents.
2.6.5 The Architect shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County Project
5
Management Department for the Owner's approval and execution in accordance with the
Contract Documents.
2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.6.7 The Architect shall require inspection or re-inspection and testing or retesting of
the work, to include architecturaVengineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.6.8 The Architect, assisted by the Monroe County Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
of Final Completion.
2.6.9 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request
2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.6.11 The Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between Owner and Contractors relating to
the execution or progress of the Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.6.13 The Architect shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a
Basic Service at the Owner's direction from time to time during the correction period
described in the Contract for Construction.
2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as-
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.6.15 The Architect shaH not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect shall not
be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect shaH not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
6
2.6.16 The Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing
or investigating any claims, contentions, allegations, or legal actions relating to, or arising
out of, the design or construction of the project.
2.6.17 The Architect shall review any as-built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect for other than the previously listed consulting
scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the Architect. The
Architect shall respond with fee proposal to perform the requested services. Only after
receiving an amendment to the Agreement and a notice to proceed from the Owner
proceed with the Additional Services.
7
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department to
act on the Owner's behalf with respects to the Project. The Owner or Monroe County
Project Management Department shall render decisions in a timely manner pertaining to
documents submitted by the Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services. However, the parties acknowledge
that due to Monroe County Policy, Ordinances or State or Federal Statute there may be
times when a decision must be made by the BOCC, in which case any delay shall not be
attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner and Monroe County Project
Management Department to the Architect if they become aware of any fault or defect in
the Project or non-conformance with the Contract Documents.
4.3 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's criteria., as and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific
Project.
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect covenants and agrees to indemnify and hold harmless
Owner/Monroe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses, including attorney's fees, court costs and expenses, which arise out of, in
connection wit~ or by reason of services provided by the Architect or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
8
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, the Architect agrees and warrants that he shall hold the County hannless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect's failure to purchase or maintain the required
insurance, the Architect shall indemnify County from any and all increased expenses
resulting from such delays. Should any claims be asserted against County by virtue of
any deficiencies or ambiguity in the plans and specifications provide by the Architect the
Architect agrees and warrants that Architect hold the County hannless and shall
indemnify it from all losses occurring thereby and shall further defend any claims or
action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VII
7.1 PERSONNEL
The Architect shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VIR
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affirmation. Details of payment will be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3 BUDGET
8.3.1 The Architect may not be entitled to receive, and the County is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this Agreement in each
fiscal year (October 1- September 30) by County's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the County's Board of
County Commissioners.
9
8.3.2 A V AILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the separate contracts for individual projects, the
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect. The County shall not be obligated to pay for
any services provided by the Architect after the Architect has received written notice of
termination, unless otherwise required by law.
8.3.3 The County does not guarantee Architect any specific amount of work or
contracts under this agreement. The parties shall enter into a separate contract for each
project awarded to the Architect by the County. The specific services to be performed
under these separate contracts will be determined by the County and agreed to by the
Architect. Each separate contract will contain specific scope of work, time schedule,
charges and payment conditions, and additional tenns and conditions applicable to that
specific contract. Architect will be chosen pursuant to County policy and work will be
distributed among all contractors who have signed a continuing contract.
8.3.4 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE IX
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the Architect for a
specific project are instruments of the Architect's service for use solely with respect to
that project, and the Architect shall be deemed the author of these documents and shall
retain all common law, statutory and other reserved rights, including reproducible copies,
of the Architect's Drawings, Specifications and other documents shall not be used by the
Owner or others on other projects except by agreement in writing and with appropriate
compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect's reserved rights.
10
10.1.3 The As-Built drawings and specifications may be furnished by the Architect to the
Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shaH not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect is and shall be an independent contractor in the performance of all work,
services, and activities under this Agreement and is not an employee, agent or servant of
the County. The Architect shall exercise control over the means and manner in which it
and its employees perform the work and in all respects the Architect's relationship and
the relationship of its employees to the County shall be that of an independent contractor
and not as employees or agents of the County. The Architect does not have the power or
authority to bind the County in any promise, agreement or representation other than such
power and authority that is specifically provided for in this Agreement.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's failure to
II
purchase or maintain the required insurance, the Architect shall indemnifY the County
from any and all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida
B. Employers Liability Insurance with limits of $1 00,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($100,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
coverage or purchase a "tail" to cover claims made after completion of the
project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. County shall be named as an additional insured with respect to Architect's
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. Architect shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of Architect if so
required by County during the term of this Agreement. County will not pay
for increased limits of insurance for subconsultants.
12
H. Architect shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured
by including any subsection thereunder. The County reserves the right to
require a certified copy of such policies upon request.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop perfonnance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the fonn of agreement, the exhibits that are attached
and made a part of the contract, and the documents referred to in the fonn of agreement
as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Architect will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may not be awarded or perfonn 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 CA TEGOR Y TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect agree that aU disputes and disagreements shall first be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shaH be submitted to mediation before a mediator
13
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution of legal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement
ARTICLE XVII
Additional Requirements
17.1 The following items are part of this contract:
a) Architect shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Architect pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Architect shall repay the
monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the
date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be 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 Architect agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to a trial by jury. The County and Architect agree
that, in the event of conflicting interpretations of the tenns or a tenn of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution
14
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
c) Severability. If any term, covenant, condition or prOVlSlon of this
Agreement (or the application thereof to any circwnstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect agree to retorm the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Architect agree that in the
event any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs expenses, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs
expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect and their
respective legal representatives, successors, and assigns.
t) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Architect agree
that all disputes and disagreements shall be attempted to be resolved under Section XVI
of this agreement. If no resolution can be agreed upon within 30 days after mediation,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Architect agree to participate, to the extent required by the
15
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Architect specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Architect and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect or County agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 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 elmg 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 elmg abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 120 1 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement
k) Covenant of No Interest. Architect and County covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect 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
16
has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Architect agrees that the
County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
n) Public Access. The Architect and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
0) Non- Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage,
or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely perfonnance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect and the County agree that neither the Architect nor the
County or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
17
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
s) Attestations. Architect agrees to execute such documents as the County
may reasonably require including a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect pursuant thereto.
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Architect
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perform contracts. The County
and the Architect and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
w) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
18
x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
By:ih~e. .~~
Deputy Clerk
By:
Mayor/Chairman
Date: \- ~ <) -- \ (J
',;GNROe COUNTY ATTom:::Y
PROveD AS TO FO;~. .
~c;eJ2.M~Are;;~tT~, ~A.
(INSERT NA%trchit<Ct)
BY:~ '
Signature of Corporate Agent
NATILeeNe W. CAS::;';:!.
ASSISTANT CO,UNTY AT,?A :'::"(
Oste /;;1. - / 7 - 0 __
EI=Er -BEN~~ ~fDa..tr
Print Name of Corporate Agent
Date: 8 O&:::.ffleee... ~
WITNESS TO Architect's Signature:
By: ~A-:- CiJ.~~
ESS Signature
~i"'4 ""J). k'~~
Print Witness Name
Date: :D~. 8 ::LDocr
"I
END OF AGREEMENT
19
~
'~R CERTIFICA I E OF LIABILITY INSURA~CE OP 10 IG I DATa (MMIODIYYYY)
BBNDBRD 02/22/10
?RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CMI INTERNATIONAL, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ONIV1!:RSITY PLACB HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5220 S. UNIVERSITY DR, C-203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
DAVIB P'L 33328
Phone:954-680-0900 P'ax:954-680-5600 INSURERS AFFORDING COVERAGE NAle II
NSURED INSURER A: EVANSTON INSURANCB COMPANY
INSURER B: FLORIDA RETAIL P'EDERATION
Bender & Associates Architects INSURER C: QlTDlllIOaLD I.~ co.
410 Angela Street INSURER D:
Key West P'L 33040 INSURER E:
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:OVERAGES
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 AU THE TERMS. EXCLUSIONS AND C0NOlT10NS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. I D"fT'ti~ OmlMwDDIYYYY)
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PERSONAL & AOV INJURY S 1,000,000
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UPnoN OP oPEMnoNa, LOCA nONa, VeHICLU' exCLUSIONS ADDID av ENDORSEMINT , SPIC~L PROVISIONS
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'IFICA TE HOLDER CANCELLATION t: ~~ ~ ~l ? 1111
SHOULD ANY OP THI AIOVI oaSCR'BID POUCI ED ....ORl THllXPlMnDN
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MONROBC DATa THIRIO', THllsaUINQ INaURl1Il ~ . .}Pl
NOne. TO THI CIlmI'lCATI HOLDU HAMefJt 1.' Alt~TOtIO SO'SHALL
IMPOa. NO OItUOAnDN 011I LlA8lUTY 01' ANY KIND U . IHSUR.... ITS AOINTB 011I
COUNTY OF MONROB
PROJECT MANAGEMENT R...RUINT A TlVE.. ^'
AIITHORIZaD RURUINTATIVI f\. [1 mAl
1100 SIMONTON STREET ROOM 2216 Leigh W. McCreary J
KEY WEST PL 33040 ~ -
:):t5 (2009/01 @ 1988-2009 ACORD CORPO ~TION. All rJ hw res ed. i
The ACORD name and logo are reglatered marks of ACORD
g erv
ACORD. CERTIFICATE OF LIABILITY INSURANCE ap 10 l~ DAT1! CMMIOONYYY)
amm.-l 01/04'10
IlODUCIIt Tlill CERTlFICATlIIISSUED AI A MAnER OF INFORMATION
OHL Y AND CONFERS NO RIGHTS UPON THe C!RTFlCATI
'he )'U11er., Illa HOLDM. THIS C!JmIlICATI DO'S NOT AMINO, IXT!ND OR
432 X.nll.dy Driv. AL TlR THI COVUNH Af,OItDID BV THe POlICIES BILOW.
ey w..~ rIa 33040
'hoD..lOS-2ft-"77 7ax.30S-2J2-4'41 INSURIRS AfFORDING COVIItAGB NAIC ,
SUMO INSlIAliR A: Proar...ive Com.erci.l Di...
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rH& POLICIU ~ IHSUAAHCII LJITm 8ILOW HAW .....ISIUID TO ~ JHSUMD NAMl!D AIOVI fOR THI POUC't PIAIOO INOIICATSD. NOl'MTMITANOltfG
\NY ~T. TPU ORCONDmON (Y Nt( CClH1'RACT OROTHM OOCUMINTWfTH R!SNCT TO VttflCH THI8 C~TI MAY 81lS1Ul1iD ()lit
MY PIIn'AIIf. THI MUlWlCI AI'~ IV THI POUCIU OUCIW&) HIRIIN II SUaJICT TO AU. TNI TiNIt, &xCUJ..,...NfQ CONDITIOHI ~ SUCIt
'Ot.1CIa. AGQN!GATI LIMITI SHOWN MAl' HA-" NIH lW)UCS) IV PAID ClAIM&
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AIlClIO "IHOClMllllllf I SNCIAL
~A TW HOLDER
Honro. CouDty Board of County
Comai..ioner.
1100 SimoDtoa Str..t Ra 26.
Xey If..t n, 33040
CANCILLATIOIf
xonea. SHClLI.D AII'I M M AIOVI DlICIIIIIe I'OUClIIII c:~ \ '0 .-oM n.1IXI'lItA
DATI THIMOP. THI__"..,.. WlU.IMIIA~ TO.... !!.- DAft WNn1IIf
HOTICa YO ~ c:urwATI HOLDa...--YO ~ UPI'.IUf'AILLIM TO DO to IHA&.&.
I...,.. NO OILlOAnoM 0II1.1Aa1n'''' AII't ICDlD \WON THI.......ITI AGMTI 011
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SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Reauirement
Reauired Limits
Worker's Compensation
Statutory Limits
Employer's Liability
$100,000/$500,000/$100,000
General Liability
$100,000 Combined Single Limit
Vehicle Liability
$100,000 Combined Single Limit per
Occurrencel$ 1 ,000,000 Aggregate
$500,000 per occurrence! $1,000,000
Aggregate
Architects Errors and Omissions Liability
IDE.MNIFICA nON AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect/Consultant covenants and agrees to indemnify, hold hannless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is
consideration for the indemnification provided for above.
20
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shaIl survive the expiration or earlier tennination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that wiH be mandatory if awarded the contract and wiH comply
in fuII with all the requirements.
\!eJ2T ee:N~
Respondent
~
/Signature
----r
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTffiLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20,000
Liability policies are --X--Occurrence
Claims Made vfXL
~U
Signature
Insurance Agency
Print Name: Leiqh W. McCrearv
CMIINTERNATIONAL, INC.
Un/yersity Place
5220 So. University Dr.. Suite 203
Davie, Aorlda 33328
22
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s) I ~"2
I have included:
o The Response Fonn~ ....-----
.Id- Lobbying and Conflict of Interest Clause _ '
o Non-Collusion Affidavit ~
o DmgFree Workplace Form ~
o Respondent's Insurance and Indemnification Statement ~.
o Insurance Agent's Statement V'"
o Professional and Occupational Licenses ..---
I have included a current copy of the following professional and occupational licenses:
P/f.'E$$'6tvttL.: $1...... Of"~ ':D", A RcthT Cc T It COO"O,,2. i ~C P. IIlfe if#o;J 02. ')t:.
f)~u'JII-rf"'II1ItL ~ (,T'f D ~ ItU! Y W-e$T ~0f1.'~"2 t1114JRot! cTY. AR ..,1092...
Check mark item
.3~
Mailing Address:
Telephone: 30~ 'Z9b I =347 Fax: '305 '2.7'6 '2..72-7
Date: ~ PE: c... 2uo~
Signed: ~) ~-- Witness: ~.;." <;:::V~
~r- .~.oE-/(
(Name)
A2E~/OE:N""-
(Title)
(Seal)
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
,,131=-NDEi.<.. f J.. CSSOC/ ATcS .A f?:C.f41 nc...C.T5 (?4,t.
(Company)
" warrants that he/it has not employe~ 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" .
(Siwm~ ~
Date: 5 D EJ:::..E.H BE-Ie:.
--
'2I:D<=J
STATE OF: FLD'IP, '%) A
COUNTY OF: t1 010 Re C.
Subscribed and sworn to (or affirmed) before me on ::D.,c.. g I .2ce <=t
(date) by -a ..r-+ "R t' ~ d~ r-
personally known to me or has produced
- as Identification. (type of identification)
(name of affiant). He/She is
i~Y .,,~ Dalna D Katub;
. ~ Commission # DD4P54 11
~~ i! Expires FebruaIy 5 201 ()
'}t:I"'~-_""'FM _,"" j''I).#,>.'-,
~~ 9..~
TARY PUBLIC '
My commission expires:
24
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
"&=NDeg. f ~S"5QC./A~ Aes:..F+(~T5 'RA.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any 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.
~~
/ Respondent's Signature
c5 Pee E~.J:::;E((
Date
2CG 'J
25
NON-COLLUSION AFFIDAVIT
I, ~ ~NOE:C2- of the city of f::::El' We:>::.T; FLo,f2-{PA-
according to law on my oath, and under penalty of perjury, depose and say that:
I. I am PlZr:=S I DE::Nr
of the firm of ~ct-J..D ete_ 4- A ~<3o C/ ATtE-S A(2.Cfi(TE:C.-J5
the bidder making the Proposal for the project described in the Request for
Qualifications for:
co~,.,,JVjNt; 5'tE(2\JIC~ ac~ FCC. .A~I71ELr/t=~"JiE.l:-f'l-
and that I executed the said proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
.L ) ~----/z.t3 .ZCCJ7
~Signal",~) (Date)
STATE OF: B ~ .:..J.o
COUNTY OF: M~~ro~
PERSONALL Y APPEARED BEFORE ME, the undersigned authority, ~...~..4--1-
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this -.fl!!:. day of ~""~mL:...:-
-
20~.
ip. ..,,~ Dains 0 Katubl
· ~ Commission' 00495411
\ r .4 Expires Februaty 5. 2010
Of ~ ao.-r,.,,.. __ 'III ,..."'..
0)A-'~~- Q 4he
NOTARY PUBLIC .
My Commission Expires:
26
IDEMNIFICA nON AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL T ANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier tennination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
~ ~8.~,- ~d;iY
-e'Ponden! ~jgnature
;'
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY..
$20.000
Liability policies are ~Occurrence
Claim. Made ~ W ~L
Si~
Insurance Agency
Print Name: Leiqh W. MCCreary
eMIINTERNAT/ONAL,INO.
UnIversIty Place
5220 So. University Dr., Suite 203
Davie, FlorIda 33328
28
EXHIBIT A
Hourly Rates
f7ZJNCI pAC · · .. .., 6
b~~~
S"1'r'FF- A ~'TI'C:C'" PE:-tZ. c::;.cN"8..., .,.
I..t~v~ t.J Bv (It:::E:.E.
P~YJO ?~
~ 41 I /'V'\
:r:J.JiEe/'l A/Z.CfJ IT c r -T 'PERSON tC c.. ,.. &., ~
flA AT 11-1'$ TIHc..
11- /&:J c~
/If . Co
/40 --
t
I!:~;PH' Nf <5~T/Ve:. SOp.pof<.. r S7'Af=r' "", ~O
'O,A-( tV A (cf3- TV ~ ,
5V"'2,At'-{ t-4 E:. 'fI\A'-( W ~ I
'- ~._-_._---- --'--'--
I AC# 4263771 STATE OF FLORIDA I
DEPARTMENT OP BUSINESS AND PROPESSIONAL REGULATION II
BOARD OJ' ARCHITECTURE &: INTBRIOR DESIGN . sen.
""'" L09021300.18
_LICBNsa NBR 1
102/13/2009/080363344 lAAco02022 I
The ARCHITECT CORPORATION
Named below IS CERTIPIED
Under the provisions of Chapter 481 FS.
Expiration date, FEB 28, 2011
BENDER &: ASSOCIATES ARCBITECTS,PA
410 ANGBLA ST
KBY WEST PL 33040
CBARLIB CRIST
GOVBRNOR
DISPLAY AS REQUIRED BY LAW
CHARLBS W. DRAGO
SBCRBTARY
~-"'_. .~'" ~...-.. '.-...---.----.-'"--......--.. ...~---
AC# 4263666
DBPARTMl!>l'l' OP BUSINBSS AND PROPBSSIOIIAL REGULATION I
BOARD OJ' ARCBITBCTURB &: INTBRIOR DESIGN SEQI L09021300313
_LICENSB NBR I
102/13/2009 1080363344 IAROOll082
The ARCHITECT
Named below IS LICENSED
Under the provisions of Chapter 481 PS.
Expiration dat., PES 28, 2011
STATE OF FLORIDA
BBNDBRL BBRT LESLIB
410 ANuBLA ST
KEY WEST PL 33040
CHARLIE CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SECRETARY
-.------
r-----:----~-.---~--.----.
I CITY OF KEY WEST, FLORIDA
Business Tax Receipt
. - --- ,
/1
I
-....--.-
This Document i8 a business tax receipt
Holder must meet all City zoning and us. provisions.
P.O. Box 1409, Xey West, Plorida 33040 (305) 809-3955
Business Name
Location Addr
Lic NBR/Class
Issue Date:
License Fee
Add. Charges
Penalty
Total
Comments:
BENDER & ASSOCIATES ARCHITECTS CtlNbr:0001702
410 ANGELA ST
10-00009562 SERVICB - PROFESSIONAL
September 25, 2009 Expiration Date:September 30, 2010
$309.75
$0.00
$0.00
$309.75
ARCHITECT
This document must be prominently displayed.
BENDER, BERT
BENDER & ASSOCIATES ARCHITECTS
410 ANGELA ST
KEY WEST FL 33040
Ooerr KEYUBlD Tvp.: IX Draw,r- 1
Dah: 912SlrrJ 54 R.c.ipt no: 116&7
201' '3562
OR LIe OCCIJlArrlJil. 1 $399.7S
Trani nu.b,r, 23948Q8
CK CHEQ( 9482 . 399. 75
;'.0
..'::/ .1: ,~, , ;'; ;~'. '/~/;1)' \~\;i:\~',:/ ~/ '( .
... .,...
, '.,
t. " ,,;,,',,:, ,< '::i,~:, ,~;.;'~~. '/"o'.' I
.,./\'/ ;;"'..../ :",',,:,:' \/. ./:'.
&'.".' 1.~. '.J' 1..
2009 I 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
Business Name: BENDER a ASSOCIATES ARCHITECTS PA
RECEIPT# 46110-63601
OWner Name: BERT BENDER
Mailing Address:410 ANGELA ST
KEY WEST, Fl 33040
Room.
Business location: 410 ANGELA ST
KEY WEST, FL 33040
Business Phone: 305-296-1347
Business Type: PROFESSIONALS
(ARCHITECT #AROOII082)
S..b Employ... Mach... Stall.
STATE UCENS': AROO11082 EX 2/09
For Vending Business Only
y In 11
Prior Years CoIlectfon Cost
0.00
PAIJ-117-0a-000037a, Oa/0Q/200' 30.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PlACE OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
AGENDA ITE^l SUMMARY
Meeting Date: May 19, 2010
Division:
Contract Administration
Bulk Item: Y es ~
No
Department: Proiect Management
Staff Contact Person/Phone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of a Contract for Professional Services with Bender &
Associates Architects, P.A. for the repair and stabilization of Brick and Mortar at the East Martello
Towers.
ITEM BACKGROUND: Brick and Mortar Restoration is funded by the TDe. Funding was
approved at their April 27, 2010 meeting. The contract with Bender & Associates Architects is in
accordance to their Continuing Contract approved by the BOCe. Bender & Associates Architects were
chosen for their expertise in historic preservation.
PREVIOUS RELEVANT BOCC ACTION: On January 20, 2010 the BOCC approved a continuing
Contract with Bender & Associates Architects in which construction costs do not exceed
$2,000,000.00, or for study activity if the fee for each individual study does not exceed $200,000.00.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $20,000,00 Ll'JDIRECT COST:
BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREF'ERENCE:
N/A
COST TO COUNTY: $20,000,00
SOURCE OF FUNDS:
IDC
REVENUE PRODUCI1~G: Yes No X AMOUNT PER l\'lONTH Year
11u)~~
APPROVEI> BY: County Atty k 0: /7 c:asing .___ Risk Management ~
DOCUMENTATION: Included X .. Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Bender & Associates Contract #_
Effective Date: 05/19/1 0
Expiration Date:
Contract Purpose/Description:
Professional Services for the Brick & Mortar Restoration at the East Martello Towers
Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 05/19/1 0 Agenda Deadline: 05/04/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000.00
Budgeted? Y es~ No D Account Codes:
Grant: $ N/A
County Match: $ NI A
Current Year Portion: $ 20,000.00
117-77040-530310-~07398X-530310
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Management Lt :3010
P,)U..
O.M.B./Purchasing ~D
f
County Attorney i p/;tJ
YesD Nq
Y esD NO~
Date Out
Changes
Date In Needed
Division Director YesD NoD
5/-
YesD NollJ'"
Comments:
OMB Form Revised 2/27/01 MCP #2
O,~~rY ~o~~~2E
(305) 294-4641
Monroe County
Project Management Department
1100 Simonton Street
Key West, FL 33040
(305) 292-4429
Fax (305) 295-4321
TO:
Monroe County BOCC
~~man Gaste
FROM
DATE:
April 30, 2010
r~'~ .-.-- BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia 1. Murphy. District 5
Mayor Pro Tern Heather Carruthers, District 3
Kim Wigington, District I
George Neugent. District 2
Mario Di Gennaro, District 4
..C.;." :f~~~.;..';.'.;~~."'~"""
~, -:.". ;,.:'" :.;: -'. - :'1,'
," f.r.....~,.{41-...fl- '.:
{~.L(,~ ~. / ~~~
" \,}-;J ~.., _'/;'
h~_ ~-J -, ,...
:*~'~4~~~{J
MEMORANDUM
· 'C
L,,( c J
U_dJl
SUBJECT: Selection of Continuing Contractor
County Policy governing the selection of Contractors from the pool of "Architect _
Engineer Continuing Contracf' 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 haye that stated expertise, then the
highest ranking firm that does have the expertise may be selected.
Bender and Associates is the highest ranked firm in the rotation, that states in their
Submittal of Qualification that they posses this specific historic expertise. On January
20, 2010 the BOCC approved adding Bender to the list of Continuing Contractors for
the specific purpose of addressing construction design issues related to the historical
forts in our area.
Therefore, I am requesting approval for this out of order selection for the East Martello
and the West Martello projects. These projects include the restroom renovation at the
East Martello, perimeter fence replacement at West Martello, brick and mortar repairs
at East Martello and brick and mortar repair at West Martello.
O~~rY ~o2~~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
December 22, 2009
'.~fi.. .0).' .
~:~, "0
...~ '
. .
.~. ,
Monroe County Board of County Commissioners,
Roman Gastesi, County Administrator
RE: Awarding Bender and Associates a Continuing Contract for AlE services
Dear Commissioners and Roman:
The top four (4) ranked Architects responding to an RFQ have been awarded a Continuing Contract for
Architect/Engineering Services (AlE). At this time, it would be to the County's advantage to award the 5th
ranked AlE firm (Bender and Associates) a Continuing Contract.
Originally, Project Management requested that four contracts be awarded, Project Management is, at this
time, asking that a fifth contract be awarded.
Bert Bender is the local authority on restoration and/or renovation of the forts and Martello's located in our
area. We will be involved in several projects on the forts and/or Martello's in the near future (we are
starting two at this time) and recommend that the County contract with an architect that has experience
with these historic structures,
Mr. Bender was contracted in the past to do a survey of the structures to determine the .need for repairs.
He has also provided Architectural Services for the County on several projects for repair and renovation of
portions of these structures. These structures are historical in nature and great care must be taken to
preserve their value to the people of Monroe County and citizens of the United States of America.
Bender and Associates is the next ranked firm on the RFQ score sheet and has great knowledge and
experience with these structures. Therefore, it would be appropriate to offer Bender and Associates a
Continuing Contract for AlE Services.
Thank you for your consideration of this matter.
Sincerely, __
~~::....F
Q~)~ a./3a~--~
~~ry.A. arnett, Director
Projec anagement
JAB/cai
1100 Simonton Street
Key West Fl 33040
Tel: 305-292-4429
Fax: 305-295-4321
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
For
EAST l\ilARTELLO TOWERS MASONRY RESTORATION
At
EAST MARTELLO TOWERS
THIS CONTRACT made as of the 19th day of May, 2010, FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement") is made and entered into by
MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, its successors and assigns through the Monroe County Board of County Commissioners
("BOCC"), and BENDER & ASSOCIATES ARCHITECTS, P.A. (the "Architect") ,whose address is
410 Angela Street, Key West, Florida 33040, its successors and assigns.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Architect/Engineer agree:
1. This contract shall be effective on the date of execution by the last party signatory to the contract.
2, This contract is in accordance to the Continuing Contract as approved by the BOCC on January
20, 2010 where professional services are to be rendered for projects in which the estimated construction
costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000,00), or
for a study activity if the fee for professional services for each individual study does not exceed Two
Hundred Thousand Dollars ($200,000.00). All terms and conditions of the continuing contract approved
by the BOCC shall apply to this contract. Modifications to the existing contract consist of the following:
3. The Architect shall not disclose, publish, or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed by Architect or
other information to which the Architect has had access during the Term of the Continuing Contract
without the prior written approval of the County, during the Term of the Continuing Contract and for a
period of two years after the termination of the Continuing Contract. Nevertheless, the parties agree the
Architect may use and publish the County's name and give a general description of the work provided by
the Architect for the purpose of informing other clients and potential clients of the Architect's work
experience and qualifications.
4, Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes,
Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida
Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related
stanltes, the burden of establishing such exemption, by way of injunctive or other relief as provided by
law, shalt be upon the Architect. Failure by the Architect to cooperate with the County in connection with
a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing
Contract by the County,
5. Scope of Work: Architect to prepare a structural analysis of the brick and mortar structure. This
scope of work includes Phase I and Phase II of the project. Phase I shall include the analysis and is to
include recommendation for the repair and stabilization of the brick structure. Architect shall provide all
documents for building and construction/repair of brick. Phase II of this scope of work includes
Construction Administration for brick repair and re-pointing. Architect to provide Construction
Documents and Contract Administration. Individual tasks along with a time schedule are attached as
Exhibit "A".
6. Services shall include, but not be limited to: Preparation of contract documents for bids,
preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of
contract awards, cost estimating, administration of contract documents, consultation and on-site
inspections during construction, review and recommend approval of contractor invoices, preparation and
submittal of pennit applications.
7. The cost for professional services shall be a lump sum of $20,000, billed monthly ending the last
day of cach month, There shall be no reimbursable expenses associated with this contract.
8. All othcr tenns and conditions of this Contract shall comply with the Continuing Contract dated
January 26,2010, which shall be made a part of this contract as if written herein in its entirety.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
representative on the day and year tirst above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
WITNESS TO Architect's Signature:
By ~~ 1VI1'-l{MJ1-
W TNESS SIgnature
Suzanne Maywalt
BEN~
By: .
Signature of Corporate Agent
Bert Bender
Print Witness Name
Print Name of Corporate Agent
Date: 4/29/2010
Date: 4/29/2010
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"Exhibit ~"
Bender & Associates
April 28, 2010
Mr. Jerry Barnett, Director of Project Management
Monroe County Construction Mgmt.
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, FL 33040
RE: Historic Masonry Restoration
East Martello
Dear Jerry:
Thank you for asking us to work with you on historic brick and mortar repairs at East Martello. Your
request for services proposal states:
There is also an approval for $50k for this year and again next year for brick and mortar
restoration at the East Martello (a separate approval for the same thing at the West
Martello). We will be applying again in two years for a continuation of the $50k per year
until we have reached $7S0k for the East and $4S0k for the West Martello.
The first year's money ($50k) is for both a study with recommendations and to start the
actual work. The second year Is for a continuation of the work. The plan will be
duplicated for each Martello ($50k per year).
I have interpreted this to mean $100,000 total each year. The following fee breaks down our time on a
line item basis:
410 Angela Street
Key West. Florida 33040
Telephone (305) 296-1347
F;lnimilf' (30'1) ?<Jo-P?i
Floridll Ucell.it' AA(,'002IJ12
\\' \\- \\'. Kc II de" A r (' i11 tee! ~. co n1
Historic Masonry Restoration East Martello
April 28, 2010
Page 2 of 2
-~-
Project Manager Project Admin. Assistant
Task Description Architect
Field assessment & documents East Martello 6 12
Report of findings & recommendations 4 4
Construction documents 4 sheets @ 20 hours 4 76
Specifications 4 4
Bidding support 2 .5
Contract administrations
6 weeks @ 4 hours/week. 9 9 6
Project Ooseout .5
Total Hours 29 97 15
S/hour $180 $140 $80
Labor cost $5,220 $13,580 $1,200
TOTAL $20,000
Based on the above, I propose a lump sum total fee of $20JOoo. This allows $30,000 for brick re-pointing. For the
second year funding, we will reuse the construction documents and simply revise them to describe the new scope,
Therefore, the majority of our time in future years will be for contract administration and inspection during
construction.
I trust this proposal will meet with your approval. Please call if you have any Questions or if I have misinterpreted your
request.
Sincerely,
Ib-~
Bert l. Bender, Architect
BlB:swm
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGlNEER (the "Contract" or "Agreement") is made and entered into by
Monroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and
Bender & Associates Architects. P.A. , the ("Architect")., whose address is 410 Angela
St. Key West. FL 33040. its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity ifthe fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the Architect
by the Owner. The specific services to be performed under these separate contracts will
be determined by the Owner and agreed to by the Architect Each separate contract will
contain specific scope of work, time schedule, charges and payment conditions, and
additional terms and conditions applicable to that specific contract. Architect will be
chosen pursuant to Owner policy and work will be distributed among all contractors who
have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the terms of the separate contract, the terms of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect makes the following express representations and
warranties to the Owner:
1.1.1 The Architect is a professional qualified to act as the Architect for the Project and
is licensed to practice Architecture/Engineering by all public entities having jurisdiction
over the Architect/Engineer and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect for the Project until the Architect's duties
hereunder have been fully satisfied;
1.1.3 The Architect shall become familiar with the individual Project site and the local
conditions under which the Project is to be designed, constructed, and operated prior to
entering a separate contract for any specific Project.
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
confonnity and comply with all applicable law, codes and regulations. The Architect
warrants that the documents prepared as a part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be perfonned as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Monroe County Project Management Department's
infonnation, a schedule for the perfonnance of the Architect's services which may be
adjusted as the Project proceeds if approved by the Owner, and shall include allowances
for periods of time required for the Owner's and Monroe County Project Management
Department's review, and for approval of submission by authorities having jurisdiction
over the Project. Time limits established by this schedule and approved by the Owner
may not be exceeded by the Architect except for delay caused by events not within the
control of the Architect or foreseeable by him.
1.1.1 In providing aU services pursuant to this agreement, the Architect shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
2
shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the Architect.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.6, and other services identified as part of Basic Services, and include normal, civil,
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished by the Owner.
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparatio~ administration of contract
documents, consultation and on-site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Architect shall arrange his schedule in order to be available to perform the
listed services for one or for several projects if requested by COUNTY and with the
understanding that for any individual project the construction costs will not exceed the
limits under F.S. 287.055 (2)(g).
2.2 SCHEMA TIC DESIGN PHASE
2.2.1 The Architect shall review the County's program, schedule and construction
budget furnished by the Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Monroe County Project
Management Department's proposed site use and improvements, required permits,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
J
2.2.3 The Architect shall review with the Owner and Monroe County Project
Management Department's alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroe
County Project Management Department's information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect continuing to the Design Development Phase.
2.3 DESIGN DEVELOPMENTIDOCUMENT PHASE
2.3.1 Upon completion of the Design Development Phase, the Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Monroe County Project Management Department's information. The Architect shall
provide an estimate of anticipated costs in accordance with the design development
phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner
prior to Architect continuing to the Construction Documents Phase.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the
Monroe County Project Management Department's review.
2.4.2 The Architect shall assist the Owner and Monroe County Project Management
Department in the preparation of the necessary bidding infonnation, bidding forms, the
Conditions of Contracts, and the fonns of Agreement between the Owner and the
Contractors.
2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform
to all written codes and regulations of the federal govenunent, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shaH be of such completion as to receive aH pennits when applied for. If pennits are
4
denied. then the Architect will confonn the construction documents in such manner to
receive permits upon such plans. Work required from the Architect to conform the
documents to federal, state, city, county, or agency specifications and permit
requirements to allow them to be approved shall be completed at no charge or cost to the
Owner.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Monroe County
Project Management Department in obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.5.2 The Architect shall assist the Monroe County Project Management Department in
issuing bidding documents to bidders and conducting pre-bid conferences with
prospective bidders. The Architect, with the assistance of the Monroe County Project
Management Department, shall respond to questions from bidders, and shall issue
addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6.1. The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction
and terminates with the issuance to the Owner of the final Project Certificate for Payment
including the submission of all project close-out documents by the Architect and
Contractor. The Architect will administer the Owner's contract as provided for in that
document. The Architect agrees to perfonn a project check prior to the end of the
warranty period as a part of the contract. The check shall not exceed one working day
unless additional time is approved by the Owner.
2.6.2 The Architect shall at all times have access to the Work whenever it is in
preparation or progress.
2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction of
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the Architect or Monroe
County Project Management Department.
2.6.4 The Architect shall have authority, after notification to the Monroe County
Project Management Department to reject Work, which does not confonn to the Contract
Documents.
2.6.5 The Architect shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County Project
5
Management Department for the Owner's approval and execution in accordance with the
Contract Documents.
2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.6.7 The Architect shall require inspection or re-inspection and testing or retesting of
the work, to include architectural/engineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.6.8 The Architect, assisted by the Monroe County Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
of Final Completion.
2.6.9 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request
2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the
fonn of drawings and submitted on proper Construction Change Directives.
2.6.11 The Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between Owner and Contractors relating to
the execution or progress of the Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.6.13 The Architect shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a
Basic Service at the Owner's direction from time to time during the correction period
described in the Contract for Construction.
2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as-
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.6.15 The Architect shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractors responsibility under the Contract for Construction. The Architect shall not
be responsible for the Contractors schedules or failure to carry out the work in
accordance with the contract documents. The Architect shall not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
6
2.6.16 The Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing
or investigating any claims, contentions, allegations, or legal actions relating to, or arising
out of, the design or construction of the project.
2.6.17 The Architect shall review any as-built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect for other than the previously listed consulting
scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the Architect. The
Architect shall respond with fee proposal to perfonn the requested services. Only after
receiving an amendment to the Agreement and a notice to proceed from the Owner
proceed with the Additional Services.
7
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department to
act on the Owner's behalf with respects to the Project. The Owner or Monroe County
Project Management Department shall render decisions in a timely manner pertaining to
documents submitted by the Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services. However, the parties acknowledge
that due to Monroe County Policy, Ordinances or State or Federal Statute there may be
times when a decision must be made by the BOCC, in which case any delay shall not be
attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner and Monroe County Project
Management Department to the Architect if they become aware of any fault or defect in
the Project or non-confonnance with the Contract Documents.
4.3 The Owner shall furnish the required infonnation and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of detennining whether such documents are generally
consistent with the Owner's criteria, as and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Construction Cost, if applicable, shall be defmed in a contract for the specific
Project
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect covenants and agrees to indemnify and hold hannless
Owner/Monroe County and Monroe County Board of County Commissioners from any
and aU claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Architect or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($ I 0.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
s
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, the Architect agrees and warrants that he shall hold the County hannless and
shall indemnify him from aU losses occurring thereby and shall further defend any claim
or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect's failure to purchase or maintain the required
insurance, the Architect shall indemnifY County from any and all increased expenses
resulting from such delays. Should any claims be asserted against County by virtue of
any deficiencies or ambiguity in the plans and specifications provide by the Architect the
Architect agrees and warrants that Architect hold the County hannless and shall
indemnifY it from all losses occurring thereby and shall further defend any claims or
action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VII
7.1 PERSONNEL
The Architect shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VIII
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affirmation. Details of payment will be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3 BUDGET
8.3.1 The Architect may not be entitled to receive, and the County is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this Agreement in each
fiscal year (October 1- September 30) by County's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the County's Board of
County Commissioners.
9
8.3.2 A V AILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the separate contracts for individual projects, the
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect. The County shall not be obligated to pay for
any services provided by the Architect after the Architect has received written notice of
termination, unless otherwise required by law.
8.3.3 The County does not guarantee Architect any specific amount of work or
contracts under this agreement. The parties shall enter into a separate contract for each
project awarded to the Architect by the County. The specific services to be performed
under these separate contracts will be determined by the County and agreed to by the
Architect. Each separate contract will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions applicable to that
specific contract. Architect will be chosen pursuant to County policy and work will be
distributed among all contractors who have signed a continuing contract
8.3.4 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE I~
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in MOJU'Oe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.t OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.t The Drawings, Specifications and other documents prepared by the Architect for a
specific project are instruments of the Architect's service for use solely with respect to
that project, and the Architect shall be deemed the author of these documents and shall
retain all common law, statutory and other reserved rights, including reproducible copies,
of the Architect's Drawings, Specifications and other documents shall not be used by the
Owner or others on other projects except by agreement in writing and with appropriate
compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect's reserved rights.
10
10.1.3 The As-Built drawings and specifications may be furnished by the Architect to the
Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architec~ respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect is and shall be an independent contractor in the performance of all work,
services, and activities under this Agreement and is not an employee, agent or servant of
the County. The Architect shall exercise control over the means and manner in which it
and its employees perform the work and in all respects the Architect's relationship and
the relationship of its employees to the County shall be that of an independent contractor
and not as employees or agents of the County. The Architect does not have the power or
authority to bind the County in any promise, agreement or representation other than such
power and authority that is specifically provided for in this Agreement.
ARTICLE XIII
13.1 INSURANCE
l3.l.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's failure to
II
purchase or maintain the required insurance, the Architect shall indemnify the County
from any and all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of$I00,OOO per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($100,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
coverage or purchase a "tail" to cover claims made after completion of the
project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. County shall be named as an additional insured with respect to Architect's
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. Architect shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of Architect if so
required by County during the term of this Agreement. County wil1 not pay
for increased limits of insurance for subconsultants.
12
H. Architect shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured
by including any subsection thereunder. The County reserves the right to
require a certified copy of such policies upon request.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the form of agreement, the exhibits that are attached
and made a part of the contract, and the documents referred to in the form of agreement
as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Architect will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CA TEGOR Y TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect agree that all disputes and disagreements shall first be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
13
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution of legal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional Requirements
17.1 The following items are part of this contract:
a) Architect 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 each other
party to this Agreement for public records purposes during the tenn of the Agreement and
for four years following the tennination of this Agreement If an auditor employed by the
County or Clerk detennines that monies paid to Architect pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Architect shall repay the
monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the
date the monies were paid to County.
b) Governing Law, Venue, Intetpretation, 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
intetpretation of this Agreement, the County and Architect agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to a trial by jury. The County and Architect agree
that, in the event of conflicting intetpretations 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
14
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
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
tenns, 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 pennitted by law unless the
enforcement of the remaining tenns, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect agree to refonn the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Architect agree that in the
event any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs expenses, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs
expenses in appellate proceedings.
e) Binding Effect. The tenns, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect and their
respective legal representatives, successors, and assigns.
t) Authority. Each party represents and warrants to the other that the
execution, delivery and perfonnance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Architect agree
that all disputes and disagreements shall be attempted to be resolved under Section XVI
of this agreement. If no resolution can be agreed upon within 30 days after mediation,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the fonnation, execution, perfonnance, or breach
of this Agreement, County and Architect agree to participate, to the extent required by the
15
other party, in all proceedings. hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Architect specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Architect and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect or County agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Architect and County covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect 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
16
has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision. the Architect agrees that the
County shall have the right to terminate this Agreement without liability and. at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
n) Public Access. The Architect and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
0) Non- Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage,
or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect and the County agree that neither the Architect nor the
County or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
17
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
s) Attestations. Architect agrees to execute such documents as the County
may reasonably require including a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect pursuant thereto.
v) Disadvantaged Business Enterprise (OBE) Policy And Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Architect
agree to ensure that OBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perform contracts. The County
and the Architect and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
w) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
18
x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
+~
By:ihM c.. ~CW\..-t-;J
Deputy Clerk
By:
Mayor/Chairman
Date: \- ~ <:) - \ ()
~I:CNROE COUNTY ATTOp,t:'~Y
PROVED AS TO FO;~, .
~r::eJ2.M~A'J"f$~IT~, 'i7.A.
(INSERT NZ Architect)
BY:~ '
Signature of Corporate Agent
NATILEENE W. CAE;:;"::!.
ASSISTANT CJ.UNTY AT"1Fl :':;",'
03t6 /;;1. - 7 - 0 __
Ee:Er BCN~~ ~'DENr
Print Name of Corporate Agent
Date: 8 OEClEMeee.. ~
WITNESS TO Architect's Signature:
By: ~.-~- cv.;4;;L~
ESS Signature
-=..::D4 i y1.. 'J). k~~
Print Witness Name
Date: -:::D4G. 8 ::z..oocr
I
END OF AGREEMENT
19
l DATI (MM1DDIYYYY)
OP 10 IG
BENDERD 02/22/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL fER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
BODILY INJURY .
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Leigh W. McCreary /h. i\.. A VI/L
<01988-2009 ACORD CORPO ATION. All rfghts reserved.
.~~
,'RODUCEIt
I au INTERNATIONAL,
UNIVERSITY PLACE
5220 S. UNIVERSITY
DAVIE FL 33328
Phone:954-680-0900
CERTIFICA I E OF LIABILITY INSURAI'fCE
INC.
DR, C-203
Fax:954-680-5600
INSURERS AFFORDING COVERAGE
INSURER /I( EVANSTON INSURANCE COMPANY
INSURER B: FLORIDA RETAIL FEDERATION
INSURER C: JlUTDJI 1fOu.D IX5tlllAlra co.
INSURER 0:
INSURER E:
INSURID
Bender & Associate. Architect.
410 Angela Street
Key West FL 33040
I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POlICY PERIOD INDICATED, NOTWITHSTANDING
AN( 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 DESCR/BED HEREIN /S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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1100 SIMONTON STREET ROOM 2216
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I.L~.U .
I.L 0llIfAII.1'CUC'f' IMlT .
GAIIAGI~
ANr AVTO
IICCQI,'l,IMMIU LIAMITY
OCC\.W 0 ~ ~
~
...,_,04 .
IWOItKIM C~TlOIf AHO
IWI.OYUW UAMJl'Y
~~
~-="~beIlM
i~
, U'ICIAL
:'fCA TW HOlDEII
XOnro. COUDty BoareS of County
Coma!..ioner.
1100 SimoDt01l Street RIa 261
.Kay We.t 1'L 33040
CAHClLLAllON
xoncO. SI4ClULD IIf'f 0. THlI.uQW IlUCJIIIU 1'OUClII. ~ I ... -.oM THlIllMA
OATlTHIIIIOP, THI-"'""", WlU.IMlIAWII TO MAIL !!.- DAft WMTM
HOnea TOTHI CUl'lfllCATI HOLDa.....1O THlILII'r."" 'AlLIN 10 00 10 IHA&.&.
IWOIf NO ~nottOl ~,. AIN ICIND Uf'ClIfTHI ~ ITI AGIJfTI 011
25 (2001/0"
!fOnlall hll
o ACORD COfUlOllATlOH jg..
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Reauirement
Reauired Limits
Worker's Compensation
Statutory Limits
Employer's Liability
$100,000/$500,000/$100,000
General Liability
$100,000 Combined Single Limit
Vehicle Liability
$100,000 Combined Single Limit per
Occurrence!$ 1 ,000,000 Aggregate
$500,000 per occurrence! $1,000,000
Aggregate
Architects Errors and Omissions Liability
IDEMNIFICA nON AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL TANTS
The Architect/Consultant covenants and agrees to indemnifY, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultan~ including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnifY the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County hannless and shall indemnifY it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant IS
consideration for the indemnification provided for above.
20
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
~~~
Respondent
~
/Signature
"""'f
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTmLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20,000
Liability policies are -X-Occurrence
Claim. Made d{L
~U
Signature
Insurance Agency
Print Name: Leiqh W. McCrearv
eM' INTERNATIONAL, INC.
University Place
5220 So. University Dr., Suite 203
Davie, Florida 33328
22
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s) I ~ 2
I have included:
o The Response Form /" ....-----
Id- Lobbying and Conflict of Interest Clause _ J
o Non-Collusion Affidavit ~
o Drug Free Workplace Fonn .....-----
o Respondent's Insurance and Indemnification Statement ~.
o Insurance Agent's Statement V
o Professional and Occupational Licenses ___
I have included a current copy of the following professional and occupational licenses:
PI/.'ESSl6Nru.: $'Tn. cif,.LoC'>>I\, ARcthTCCT IICOD"Ol!12.jt'.CP, 11I'<IfIo:le.2.':&,
e1t:t.I;'II71~~ItL" c ,"tV D" ~f! Y W't$T ~.o.'~{,2 t1'4Jllot! <"TV. 11ft ..,,092..
Mailing Address:
.3~
Telephone: 30~ Z<1~ I =347 Fax: '305 Z7'G -2.7Z. 7
Date: !!> PE: <::... 2uo~
Signed: ~) /~ --
(/
Witness: ~,,-'~.-~ g~
~r- .&:::JyO~/(
(Name)
P/2E~/OCN'-
(Title)
(Seal)
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
,,"EJ=-NDEi.<.. f ,A ~C/ ATc:> ~ ~f-I.I T7'C..'-T5 (?4",-
(Company)
" warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any fonner 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 fonner County officer or
employee" .
(Si~ ~
Date: 5 D E.cE.j( BE:le:.
'ZtDc;
STATE OF: PLo'fr, '%) A
COUNTY OF: r1 0.0 Re C.
Subscribed and sworn to (or affmned) before me on ::D....c.. g, 2co 9
( date) by 13 .......+ "'R ~ ., d ~ r-
personally known to me or has produced
as identification. (type of identification)
(name of affiant). He/She is
l,J>:.JtV p(!~ Daina 0 Katubi
. ': Commission # DD4?l5411
~ J Expires FebruaIy 5 2010
~OI,..~~_r...,_ _,.... ~".""-'".-.
~.: 9.~
tAR Y PUBLIC '
My commission expires:
24
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
t:EN Dea 1- ".& S'S QC./ ATE:s;.. ~es:..F+ (Tt::.s.-TS 'R~ .
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse In the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any 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.
b~
/ Respondent's Signature
c5 PEe E,t-,r.EE/(
Date
2CG 'J
2S
NON-COLLUSION AFFIDAVIT
I,~ 1?CNDE:R... of the city of ~l vv~r; FUo,~{D;::+-
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am PfZeS I DE::::Nr
of the firm of _eE-:t-J..DEve_ 4- A~<5CJ C/A~ A(2Ci4-fTECr-5
the bidder making the Proposal for the project described in the Request for
Qualifications for:
CO~l1~()jNt; 5tE(l\JIC/E:9 c:DC~ ~ "Arq.J'11Ec-r;/~IIJi~rt...
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
./1,) - ~ ---- /Z.(3
(SignaMe _ __ ent)
· Za:.F)
(Date)
STATE OF: B ~ ..:..J.n.
COUNTY OF:-rl~ft rO ~
PERSONALL Y APPEARED BEFORE ME, the undersigned authority, -s...tg.,,~
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this ~ day of ..::;n,....lml...c-
-
20M-.
~.It
:i"~~ Dalna 0 Katub'
, ~ COmmission' 004954,.
\ r .4 Expires Februaty 5. 2010
0# jiijr ao...r",,,- __ ,,. ....",...
~A-'~~- Q &L,.
NOTARY PUBLIC .
My Commission Expires:
26
IDEMNIFICA nON AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL T ANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
~ eeer 815<JOE;-:<--. ~~
- eSiiondent ~ignature
-'
27
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20.000
Liability policies are -1L- Occurrence
ClaimsMade cO IiITL
-JJt I t
Signatw'c!
Insurance Agency
Print Name: Leiqh W. McCreary
eMI INTERNATIONAL, INC.
University Place
5220 So. University Dr., Sulte 203
Davie, Florida 33328
28
EXHIBIT A
Hourly Rates
ffZt N C I pAC · · .. .. ~ 0
e~ eEN~
S~Ff=- ~~rrl'E:Cr P~~N~ .. . .
l..t~V~tJ Bu(l.~E:E.
P,.aYJo ?~
~ .~ 4i/~
:r:NiEel" AlZCj-.L IT,::::. r -T 'P'E:.R50N, c...<.. ,. .... ~
filA AT n-/f S T/Hc..
1/. /80 c~
/If . co
/4<J -
t
At:>HIf'Jf<5~T/Ve:. SeJp.potZr 5r-,4FF .., ~O
"O,AI N A (eft TV ~ ,
"'?V""2i\t'4 r-4 E:. 'fM,-( W IdL ,
I AC# 4 26 3 7 71 STATE OF FLORIDA i
DEPARTMENT OP BUSINESS AND PROPESSIONAL REGULATION II
BOARD OF ARCHITECTURE &: INTERIOR DESIGN SEn.
'-UP L09021300418
~LICENS8 NBR ]
102/13/2009 1080363344IAAC002022 1/
The ARCHITECT CORPORATION
Named below IS CERTIPIED
Under the provisions of Chapter 481 PS.
Expiration date, PES 28, 2011
BENDER &: ASSOCIATES ARCHITECTS,PA
410 ANGELA ST
KEY WEST PL 33040
CHARLIB CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SBCRETARY
.~-"'.. .~'.._."'~" ..n..__.______.___..__....,._... ....___
AC# 4263666
,
nSPARTIll!NT OP BUSINeSS AND PROPSSSIOIIAL llIlGt1LATIO>r I
BOARD OP ARCHITECTURB &: INTBRIOR DESIGN SEQ# L09021300313
_LICENSB NBR /
102/13/2009 1080363344 IAROOl1082
The ARCHITECT
Named below IS LICENSED
Under the provi.ion. of Chapter 481 FS.
Expiration date, PES 28, 2011
STATE OF FLORIDA
SENDBRL SKaT LESLIE
410 ANuBLA ST
KEY WEST PL 33040
CHARLIB CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SECRETARY
r-----.- .---.--__ ___.
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
Thi. Document i. a bu.ine.. tax receipt
Holder mu.t meet all City zoning and use provision..
P.O. Box 1409, Key We8t, Plorida 33040 (305) 809-3955
..------
Business Name
Location Addr
Lic NBR/Class
Issue Date:
License Fee
Add. Charges
Penalty
Total
Comments:
- ---- ,
/1
/
--'---.'-
BENDER & ASSOCIATES ARCHITECTS CtlNbr:0001702
410 ANGELA ST
10-00009562 SERVICE - PROFESSIONAL
September 25, 2009 Expiration Date:September 30, 2010
$309.75
$0.00
$0.00
$309.75
ARCHITECT
This document must be prominently displayed.
BENDER, BERT
BENDER & ASSOCIATES ARCHITECTS
410 ANGELA ST
KEY WEST FL 33040
Do!r: I(EYUBlD TVPI: OC Draw,,.. J
Dah: 9/25/a! 54 RfC!ipt no: JI6227
20t' 3562
OR LIe OCCtJlATIDtiI.. t $399.7S
Trans nu.b,,., 2394Ba8
Cl( IJ/ECJ( 9482 . 399. 75
: ''l~
\. :.',;
~; ~,\ ;'~ /';'~;' ;~.j'\~',';~':'l/:/ '(';'~".: ' ,~ .
/.-,,:1', 'f"~'." "~i. /:-.
loc. ',j 1
'. .. i.i' I; '. ,'. . , .~': J/.'.:-<~JI~':/\I:.; ,/
2009 I 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
RECEIPT# 46110-63601
BusIness Name: BENDER a ASSOCIATES ARCHITECTS PA
OWner Name: BERT BENDER
Mailing Address: 410 ANGELA ST
KEY WEST, FL 33040
Room.
BUsiness location: 410 ANGELA ST
KEY WEST, FL 33040
Business Phone: 305-296-1347
Business TYPe: PROFESSIONALS
(ARCHITECT #AROO11082)
Seata Employ... Mach'... Stan.
STATE UCENS': AROOll082 EX 2/09
For Vending BusIness Only
V dIn -r
Prior Years Collection Cost
0.00
ax Amount
30.00
PAID-ll1-0a-000031a,
Oa/0Q/200' 30.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY TN vnllD Dt AI"Im ^II!! ft. .........___
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Division:
Contract Administration
Bulk Item: Y es ~
No
Department: Proiect Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of a Contract for Professional Services with Bender &
Associates Architects, P.A. for the repair and stabilization of Brick and Mortar at the West Martello
Towers.
ITEM BACKGROUND: Brick and Mortar Restoration is funded by the TDC. Funding was
approved at their April 27, 2010 meeting. The contract with Bender & Associates Architects is in
accordance to their Continuing Contract approved by the BOCC. Bender & Associates Architects were
chosen for their expertise in historic preservation.
PREVIOUS RELEVANT BOCC ACTION: On January 20,2010 the BOCC approved a continuing
Contract with Bender & Associates Architects in which construction costs do not exceed
$2,000,000.00, or for study activity if the fee for each individual study does not exceed $200,000.00.
CONTRACTIAGREEMENTCHANGES: N/A
STA.FF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $20.000.00 INDIRECT COST:
BUDGETED: Yes -LNo
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: $20.000.00
SOURCE OF FUNDS:
mc
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Arty ~ChaSing _ Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Bender & Associates Contract #_
Effective Date: 05/19/10
Expiration Date:
Contract Purpose/Description:
Professional Services for the Brick & Mortar Restoration at the West Martello Towers
-
Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 05/19/1 0 Agenda Deadline: 05104/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000.00
Budgeted? Yes[8J No 0 Account Codes:
Grant: $ NIA
County Match: $ NI A
Current Year Portion: $ 20,000.00
117-77040-530310- TM07709X-530310
- - - -
- - - ---"'--
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO No
(
Risk Management 4- )l:Y(Q YesO No0
P.x~ L-J~
O.M.B./Pu'fhasing L{ -3) -to YesO NoB;J ~
County Attorney </- 30-10 Y esO No~
Date Out
541D
4r ~o "to
6/3);0
- 3P -/0
Comments:
OMB Form Revised 2/27/01 MCP #2
OK'!~:r.Y ~o~~~E
(305) 294-4641
Monroe County
Project Management Department
1100 Simonton Street
Key West, FL 33040
(305) 292-4429
Fax (305) 295-4321
TO:
Monroe County BOCC
f~oman Gaste
FROM
DATE:
April 30, 2010
('~.~~
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia 1. Murphy. District 5
Mayor Pro Tern Heather Carruthers, District 3
Kim Wigington, District I
George Neugent, District 2
Mario Di Gennaro, District 4
MEMORANDUM
. .[
1./1(CJ
L~drf
SUBJECT: Selection of Continuing Contractor
County Policy governing the selection of Contractors from the pool of "Architect _
Engineer Continuing Contracf' 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.
Bender and Associates is the highest ranked firm in the rotation, that states in their
Submittal of Qualification that they posses this specific historic expertise. On January
20,2010 the BOCC approved adding Bender to the list of Continuing Contractors for
the specific purpose of addressing construction design issues related to the historical
forts in our area.
Therefore, I am requesting approval for this out of order selection for the East Martello
and the West Martello projects. These projects include the restroom renovation at the
East Martello, perimeter fence replacement at West Martello, brick and mortar repairs
at East Martello and brick and mortar repair at West Martello.
OK~~,rY ~o~~~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
December 22, 2009
;.....i..:....@.--.
-:-<
Vi ~ "
'._~ .
-.~_~ J
Monroe County Board of County Commissioners,
Roman Gastesi, County Administrator
RE: Awarding Bender and Associates a Continuing Contract for AlE services
Dear Commissioners and Roman:
The top four (4) ranked Architects responding to an RFQ have been awarded a Continuing Contract for
Architect/Engineering Services (AlE). At this time, it would be to the County's advantage to award the 5th
ranked AlE firm (Bender and Associates) a Continuing Contract.
Originally, Project Management requested that four contracts be awarded. Project Management is, at this
time, asking that a fifth contract be awarded.
Bert Bender is the local authority on restoration and/or renovation of the forts and Martello's located in our
area. We will be involved in several projects on the forts and/or Martello's in the near future (we are
starting two at this time) and recommend that the County contract with an architect that has experience
with these historic structures.
Mr. Bender was contracted in the past to do a survey of the structures to determine the need for repairs.
He has also provided Architectural Services for the County on several projects for repair and renovation of
portions of these structures. These structures are historical in nature and great care must be taken to
preserve their value to the people of Monroe County and citizens of the United States of America.
Bender and Associates is the next ranked firm on the RFQ score sheet and has great knowledge and
experience with these structures. Therefore, it would be appropriate to offer Bender and Associates a
Continuing Contract for AlE Services.
Thank you for your consideration of this matter.
Sincerely, ....
--=.<..::/
G7.?fI:. a./!!3a~~'~
~rry!A. arnett, Director
Projec anagement
JAB/cai
1100 Simonton Street
Key West FI 33040
Tel: 305-292-4429
Fax: 305-295-4321
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
For
WEST MARTELLO TOWERS MASONRY RESTORA nON
At
WEST MARTELLO TOWERS
THIS CONTRACT made as of the 19lb day of May, 2010, FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement") is made and entered into by
MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, its successors and assigns through the Monroe County Board of County Commissioners
("BOCC"), and BENDER & ASSOCIATES ARCHITECTS, P.A. (the "Architect") ,whose address is
410 Angela Street, Key West, Florida 33040, its successors and assigns.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Architect/Engineer agree:
1. This contract shall be effective on the date of execution by the last party signatory to the contract.
2. This contract is in accordance to the Continuing Contract as approved by the BOCC on January
20, 2010 where professional services are to be rendered for projects in which the estimated construction
costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000.00), or
for a study activity if the fee for professional services for each individual study does not exceed Two
Hundred Thousand Dollars ($200,000.00). All terms and conditions of the continuing contract approved
by the HOCC shall apply to this contract. Modifications to the existing contract consist of the following:
3. The Architect shall not disclose, publish, or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed by Architect or
other information to which the Architect has had access during the Term of the Continuing Contract
without the prior written approval of the County, during the Term of the Continuing Contract and tor a
period of two years after the tennination of the Continuing Contract. Nevertheless, the parties agree the
Architect may use and publish the County's name and give a general description of the work provided by
the Architect for the purpose of infonning other clients and potential clients of the Architect's work
experience and qualifications.
4. Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes,
Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida
Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related
statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by
law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with
a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing
Contract by the County.
5. Scope of Work: Architect to prepare a structural analysis of the brick and mortar structure. This
scope of work includes Phase I and Phase II of the project. Phase I shall include the analysis and is to
include reconunendation for the repair and stabilization of the brick structure. Architect shall provide all
documents tor building and construction/repair of brick. Phase II of this scope of work includes
Construction Administration for brick repair and re-pointing. Architect to provide Construction
Documents and Contract Administration. Individual tasks along with a time schedule are attached as
Exhibit "A".
6. Services shall include, but not be limited to: Preparation of contract documents for bids,
preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of
contract awards, cost estimating, administration of contract documents, consultation and on-site
inspections during construction, review and recommend approval of contractor invoices, preparation and
submittal of pennit applications.
7. The cost for professional services shall be a lump sum of $20,000, billed monthly ending the last
day of each month. There shall be no reimbursable expenses associated with this contract.
8. All other terms and conditions of tlus Contract shall comply with the Continuing Contract dated
January 26,2010, which shall be made a part of this contract as if written herein in its entirety.
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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chaimlan
Date:
WITNESS TO Arcbiled', SignalU~
BY~~
W TNESS Signature
Suzanne Maywalt
By:
Print Witness Name
Print Name of Corporate Agent
Date:
4/29/2010
Date:
4/29/2010
~~~~
~-30-1'O~~ ~.
"Exhibit A"
\ 1T) (" H lr T It (" ''If ~'
h\ h. ./ ,11 J A j .. ,.I
}',;1,
April 28, 2010
Mr. Jerry Barnett, Director of Project Management
Monroe County Construction Mgmt.
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, Fl 33040
RE: Historic Masonry Restoration
West Martello
Dear Jerry:
Thank you for asking us to work with you on historic brick and mortar repairs at West Martello. Your
request for services proposal states:
There is also an approval for $SOk for this year and again next year for brick and mortar
restoration at the East Martello (a separate approval for the same thing at the West
Martello). We will be applying again In two years for a continuation of the $50k per year
until we have reached $7S0k for the East and $450k for the West Martello.
The first year's money ($50k) is for both a study with recommendations and to start the
actual work. The second year is for a continuation of the work. The plan will be
duplicated for each Martello ($50k per year).
I have interpreted this to mean $100,000 total each year. The following fee breaks down our time on a
line item basis:
410 Angela Street
Key West. Florida 33040
Telephone (305) 296-1347
Facsimile 1)0;) 296-2;27
Fiorillo 110'1/,1' A ACOO.!IJ.?.!
in'. IV. Ii e r d n A r (' hi. eel ~ (' n i:1
Historic Masonry Restoration West Martello
Aprll 28. 2010
Page 2 of 2
Project Manager Project Admin. Assistant
Task Description Architect
Field assessment & documents West Martello 6 12
Report of findings & recommendations 4 4
Construction documents 4 sheets @ 20 hours 4 76
Specifications 4 4
Bidding support 2 .5
Contract administrations
6 weeks @ 4 hours/week. 9 9 6
Project Closeout .5
Total Hours 29 97 15
$/hour $180 $140 $80
Labor cost $5,220 $13,580 $1,200
TOTAL $20,000
Based on the above, I propose a lump sum total fee of $20,000. This allows $30,000 for brick re-pointing. For the
second year funding, we will reuse the construction documents and simply revise them to describe the new scope.
Therefore, the majority of our time In future years will be for contract administration and inspection during
construction.
I trust this proposal will meet with your approval. Please call if you have any questions or if I have misinterpreted your
request.
Sincerely,
Bert l. Bender, Architect
BlB:swm
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by
Monroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and
Bender & Associates Architects. P.A. , the ("Architect")., whose address is 410 An~ela
St. Key West. FL 33040. its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity ifthe fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the Architect
by the Owner. The specific services to be performed under these separate contracts will
be determined by the Owner and agreed to by the Architect. Each separate contract will
contain specific scope of work, time schedule, charges and payment conditions, and
additional tenns and conditions applicable to that specific contract. Architect will be
chosen pursuant to Owner policy and work will be distributed among all contractors who
have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the tenns of the separate contract, the tenns of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein. and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect makes the following express representations and
warranties to the Owner:
1.1.1 The Architect is a professional qualified to act as the Architect for the Project and
is licensed to practice Architecture/Engineering by all public entities having jurisdiction
over the Architect/Engineer and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect for the Project until the Architect's duties
hereunder have been fully satisfied;
1.1.3 The Architect shall become familiar with the individual Project site and the local
conditions under which the Project is to be designed, constructed, and operated prior to
entering a separate contract for any specific Project.
1.1.4 The Architect shall prepare all docwnents required by this Contract including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The Architect
warrants that the docwnents prepared as a part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.5 The Architect asswnes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Monroe County Project Management Department's
information, a schedule for the performance of the Architect's services which may be
adjusted as the Project proceeds if approved by the Owner, and shall include allowances
for periods of time required for the Owner's and Monroe County Project Management
Department's review, and for approval of submission by authorities having jurisdiction
over the Project. Time limits established by this schedule and approved by the Owner
may not be exceeded by the Architect except for delay caused by events not within the
control of the Architect or foreseeable by him.
1.1.7 In providing aH services pursuant to this agreement, the Architect shaH abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
2
shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the Architect.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.6, and other services identified as part of Basic Services, and include normal, civil,
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished by the Owner.
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents, consultation and on-site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Architect shall arrange his schedule in order to be available to perform the
listed services for one or for several projects if requested by COUNTY and with the
understanding that for any individual project the construction costs will not exceed the
limits under F.S. 287.055 (2)(g).
2.2 SCHEMA TIC DESIGN PHASE
2.2.1 The Architect shall review the County's program, schedule and construction
budget furnished by the Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Monroe County Project
Management Department's proposed site use and improvements, required permits,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
J
2.2.3 The Architect shall review with the Owner and Monroe County Project
Management Department's alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroe
County Project Management Department's information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect continuing to the Design Development Phase.
2.3 DESIGN DEVELOPMENTIDOCUMENT PHASE
2.3.1 Upon completion of the Design Development Phase, the Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Monroe County Project Management Department's information. The Architect shall
provide an estimate of anticipated costs in accordance with the design development
phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner
prior to Architect continuing to the Construction Documents Phase.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the
Monroe County Project Management Department's review.
2.4.2 The Architect shall assist the Owner and Monroe County Project Management
Department in the preparation of the necessary bidding information, bidding forms, the
Conditions of Contracts, and the forms of Agreement between the Owner and the
Contractors.
2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform
to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
4
denied. then the Architect will confonn the construction documents in such manner to
receive permits upon such plans. Work required from the Architect to conform the
documents to federal, state, city, county, or agency specifications and permit
requirements to allow them to be approved shall be completed at no charge or cost to the
Owner.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Monroe County
Project Management Department in obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.5.2 The Architect shall assist the Monroe County Project Management Department in
issuing bidding documents to bidders and conducting pre-bid conferences with
prospective bidders. The Architect, with the assistance of the Monroe County Project
Management Department, shall respond to questions from bidders, and shall issue
addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6.1. The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction
and terminates with the issuance to the Owner of the final Project Certificate for Payment
including the submission of all project close-out documents by the Architect and
Contractor. The Architect will administer the Owner's contract as provided for in that
document. The Architect agrees to perfonn a project check prior to the end of the
warranty period as a part of the contract. The check shall not exceed one working day
unless additional time is approved by the Owner.
2.6.2 The Architect shall at all times have access to the Work whenever it is in
preparation or progress.
2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction of
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the Architect or Monroe
County Project Management Department.
2.6.4 The Architect shall have authority, after notification to the Monroe County
Project Management Department to reject Work, which does not confonn to the Contract
Documents.
2.6.5 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project
5
Management Department for the Owner's approval and execution in accordance with the
Contract Documents.
2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.6.7 The Architect shall require inspection or re-inspection and testing or retesting of
the work, to include architectural/engineering, structural, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.6.8 The Architect, assisted by the Monroe County Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
of Final Completion.
2.6.9 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request.
2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.6.11 The Architect shall render written decisions within a reasonable time on aU
claims, disputes or other matters in question between Owner and Contractors relating to
the execution or progress ofthe Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.6.13 The Architect shall be a representative of and shall advise and consult with the
Owner (1) during construction until finaI payment to the Contractor is due and (2) as a
Basic Service at the Owner's direction from time to time during the correction period
described in the Contract for Construction.
2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as-
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.6.15 The Architect shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect shaU not
be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect shall not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
6
2.6.16 The Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing
or investigating any claims, contentions, allegations, or legal actions relating to, or arising
out of, the design or construction of the project.
2.6.17 The Architect shall review any as-built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect for other than the previously listed consulting
scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the Architect. The
Architect shall respond with fee proposal to perform the requested services. Only after
receiving an amendment to the Agreement and a notice to proceed from the Owner
proceed with the Additional Services.
7
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department to
act on the Owner's behalf with respects to the Project. The Owner or Monroe County
Project Management Department shall render decisions in a timely manner pertaining to
documents submitted by the Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services. However, the parties acknowledge
that due to Monroe County Policy, Ordinances or State or Federal Statute there may be
times when a decision must be made by the BOCC, in which case any delay shall not be
attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner and Monroe County Project
Management Department to the Architect if they become aware of any fault or defect in
the Project or non-conformance with the Contract Documents.
4.3 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's criteria, as and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Construction Cost, if applicable, shall be defmed in a contract for the specific
Project.
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect covenants and agrees to indemnify and hold harmless
Owner/Monroe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Architect or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
8
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, the Architect agrees and warrants that he shall hold the County harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect's failure to purchase or maintain the required
insurance, the Architect shall indemnify County from any and all increased expenses
resulting from such delays. Should any claims be asserted against County by virtue of
any deficiencies or ambiguity in the plans and specifications provide by the Architect the
Architect agrees and warrants that Architect hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claims or
action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VII
7.1 PERSONNEL
The Architect shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VIII
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affirmation. Details of payment will be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3 BUDGET
8.3.1 The Architect may not be entitled to receive, and the County is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this Agreement in each
fiscal year (October 1- September 30) by County's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the County's Board of
County Commissioners.
9
8.3.2 A V AILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the separate contracts for individual projects, the
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect. The County shall not be obligated to pay for
any services provided by the Architect after the Architect has received written notice of
termination, unless otherwise required by law.
8.3.3 The County does not guarantee Architect any specific amount of work or
contracts under this agreement. The parties shall enter into a separate contract for each
project awarded to the Architect by the County. The specific services to be performed
under these separate contracts will be determined by the County and agreed to by the
Architect. Each separate contract will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions applicable to that
specific contract. Architect will be chosen pursuant to County policy and work will be
distributed among all contractors who have signed a continuing contract.
8.3.4 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE IX
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the Architect for a
specific project are instruments of the Architect's service for use solely with respect to
that project, and the Architect shall be deemed the author of these documents and shall
retain all common law, statutory and other reserved rights, including reproducible copies,
of the Architect's Drawings, Specifications and other documents shall not be used by the
Owner or others on other projects except by agreement in writing and with appropriate
compensation to the Architect.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect's reserved rights.
10
10.1.3 The As-Built drawings and specifications may be furnished by the Architect to the
Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect is and shall be an independent contractor in the performance of all work,
services, and activities under this Agreement and is not an employee, agent or servant of
the County. The Architect shall exercise control over the means and manner in which it
and its employees perform the work and in all respects the Architect's relationship and
the relationship of its employees to the County shall be that of an independent contractor
and not as employees or agents of the County. The Architect does not have the power or
authority to bind the County in any promise, agreement or representation other than such
power and authority that is specifically provided for in this Agreement.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's failure to
II
purchase or maintain the required insurance, the Architect shall indemnify the County
from any and all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $1 00,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($100,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
coverage or purchase a "tail" to cover claims made after completion of the
project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. County shall be named as an additional insured with respect to Architect's
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. Architect shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of Architect if so
required by County during the term of this Agreement. County will not pay
for increased limits of insurance for subconsultants.
12
H. Architect shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured
by including any subsection thereunder. The County reserves the right to
require a certified copy of such policies upon request.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the form of agreement, the exhibits that are attached
and made a part of the contract, and the documents referred to in the form of agreement
as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Architect will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CA TEGOR Y TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect agree that all disputes and disagreements shall first be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
13
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution of legal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional Reouirements
17.1 The following items are part of this contract:
a) Architect shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Architect pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Architect shall repay the
monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the
date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be 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 Architect agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to a trial by jury. The County and Architect agree
that, in the event of conflicting interpretations of the terms or a tenn of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution
14
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
c) Severability. If any term, covenant, condition or provlSlon of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Architect 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.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect and their
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and perfonnance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Architect agree
that all disputes and disagreements shall be attempted to be resolved under Section XVI
of this agreement. If no resolution can be agreed upon within 30 days after mediation,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the fonnation, execution, performance, or breach
of this Agreement, County and Architect agree to participate, to the extent required by the
15
other party, in all proceedings. hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Architect specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Architect and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a
detennination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect or County agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 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
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 fmancing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Architect and County covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect 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
16
has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision. the Architect agrees that the
County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
n) Public Access. The Architect and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter I 19, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
0) Non- Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage,
or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely perfonnance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect and the County agree that neither the Architect nor the
County or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
17
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
s) Attestations. Architect agrees to execute such documents as the County
may reasonably require including a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect pursuant thereto.
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Architect
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perfonn contracts. The County
and the Architect and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
w) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
18
x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
By:ihohJ ~, 'QdQlvCtiJ
Deputy Clerk
By:
Mayor/Chairman
Date: \- ~ ~-\(J
~i:CNi':!OE COUNTY ATTomq~y
PROVED AS TO FO:=1, '
~ce12. M~A 1"'f:S~ 1TECf"'S, 17.A.
(INSERT N~ Architect)
By: ~ '
Signature of Corporate Agent
NATILEENE W. CAE::;':;!.
ASSISTANT CJ-UNTY Ar~A ;';;,','
Date /02 - 7 - 0 __
EJ='er BCN~, "ffZESfDeNr
Print Name of Corporate Agent
Date: <9 OE:C.TE:MeEll!.. ~
WITNESS TO Architect's Signature:
By: ;'fJi.:-- CiJ. /4:::;L~
TNESS Signature
. -o~ i"'4 -:D. k'~~
Print Witness Name
Date: :D~. 8 :z.c,ocr
I
END OF AGREEMENT
19
.~~
,'RODUCE"
CM-I INTERNATIONAL,
UNIVERSITY PLACE
5220 S. UNIVERSITY
DAVIE FL 33328
Phone:954-680-0900
CERTIFICA I E OF LIABILITY INSURA~CE ~~ilo I DAT~~~:D=
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED
INC.
DR, C-203
Fax:954-680-5600
INSURERS AFFORDING COVERAGE
INSURER A: EVANSTON INSURANCE COMPANY
INSURER B: FLORIDA RETAIL FEDERATION
Bender & Associates Architects
410 Angela Street
Key West FL 33040
I
COVERAGES
NAIC II
INSURER C: WUTDJI WORLD I.S3A1f<3 co.
INSURER 0:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LT" NS"t TYPI 01' INSUMNCI POLICY NUMSE" o"~T't1~ DAra(MM/~ LIMITS
GENEAAL LIABIUTY EACH OCCURRENCE $ 1,000,000
r--
C X X COMMERCIAL GENERAL LIABILITY NPP1134934 10/25/09 10/25/10 PREMISes IE. ocaJI'encel $50,000
I CLAIMS MADE ~ OCCUR MED EXP (Any one perIOn) $ 5,000
PERSONAL & AOV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ Excluded
I POLICY n ~:S: n LOC
AUTOMOBILE LlA8IUTY 1 COMBINED SINGLE LIMIT
- "CJ11. \O"J (Ea ac:cJdenl) $
ANY AUTO
-
ALL OWNED AUTOS ) BODILY INJURY
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SCHEDULED AUTOS
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NON-DWNED AUTOS . . 'i (Per accJdant)
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GAMGI LIABlUTY AUTO ONt Y - EA ACCIDENT $
q ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: r AGO $
EXCESS I UMB"ILLA uASIUTY EACH Q,0 MEok\; / $
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WO"KERS COMPENSAnoN X I TORY LIMITS I I UElA'"
AND EM....OYCRS' LlAlIlt.lTY Y/N
ANY PROPRIETORlPARTNERlEXECUTIVD 0520150560000 01/01/10 12/31/10 E.L. EACH ACCIDENT S 500,000
OFFICERlMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 500,000
~~~~':~~~V~S below EL. DISEASE - POLICY LIMIT $ 500, 000
OTHE"
Professional AE818834 02/10/10 02/10/11 Ea. Claim $1,000,000
Liability Aggregate $1,000,000
CRlPnoN 0.. OPEMnONS I LOCA nONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL P"OVlSlONS
OFESSIONAL LIABILITY POLICY IS A CLAIMS MADE POLICY. COVERAGE APPLIES
LY TO THOSE CLAIMS WHICH FIRST OCCUR AND ARB FIRST REPORTED TO THE COMPANY
ORING THE POLICY TERM. RETROACTIVE DATE 1/5/93. Monroe County
l
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ITIFICA TE HOLDER CANCELLATION :F~?l ?nm
SHOULD ANY Of' THE A8OV1 DESCRlSED POUCI ED BEI'OQ THE EXPlMnoN
DATI THE"IOI', THE ISSUING INaU"I" Witt I ~ ~ DA'fttWIMTEN
MONROEC ~J~
NOnell TO THI CEIml'lCATI HOLDE" NAAflliffi' L AltUM"T'OOO SCtSHALL
IMPOSI NO OSUOATIOH 0" L1ABlUTY Of' ANY KIND U IIINSU"E"- ITS AGENTS 0"
COUNTY OF MONROE RIP"ESINTATlVI!8.
PROJECT MANAGEMENT ~ "-
AUTHORlZI!D REP"ESENTATIVI ~ u1 it l
1100 SIMONTON STREET ROOM 2216 Leigh W. McCreary I\. .j
~EY WEST PL 33040
RD ~5 (2009/01) @ 1988-2009 ACORD CORPO :A TION. All rI hta reserved.
The ACORD name and logo are reglsterBd marks of ACORD
9
~CORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 1mf DATI! (MM/DOIYYYY)
BENDB-1 01/04/10
PROOUCI.. THIS CERTIFICATE 18 ISSUED AS A MAnER OF INFORMATION
I ONLY AND CONFERS NO RIGHTS UPON THI! CERTFlCATI!
Th. 1'\111er81 Inc HOlDa THIS CEJmIIICATI DOIS NOT AMINO, EXTEND OR
1432 Xennedy Drive AL TIlt THI! COVI!RAGI Af'OROED BY TH! POlICIES BELOW.
Xey w..t rL 33040
~hon.1305-2'4-"77 raxI30S-2'2-4'f1 INSURERS AFFORDING COVI!RAGe HAIC .
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INIUAiR I:
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ANY REQUlA&NiHT. TEJU.l OR CONDITION M Nt'( COHTJW:T Oft OTHER OOCUMIHT WITH RUPeCT TO WHICH na CMTI'lCATI WAY BliIS8UliD OR
MAY PERTAIN. THI INSURANCI N'~ IV THI POLICIES DEtcRl8lD HERDlIS SUIJICT TO AU. Tlfli TEAMI, iXCUJllONI NIO COHllITIOHI OF SUCH
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CANCIUATIOH
xonco. SHOULD AllY '" THlA.ow DUelUU POIJClD .,.~. ""INIPOM,... DI'MA
DATI THUIOP, TIlI....1NaIIIIIt *LA. !NIlIA\'WI TO MAIL !!..... DAft WNTTM
NCmCa TO ~ CIIIYIfIICATI HClIJlU HAIo8 TO TMI LIJIT,IlIT 'AILUM TO go 10 IHA&.&.
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""""'ATJVII,
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D 25 (.2001/01)
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Requirement
Required Limits
Worker's Compensation
Statutory Limits
Employer's Liability
$100,000/$500,000/$100,000
General Liability
$100,000 Combined Single Limit
Vehicle Liability
$100,000 Combined Single Limit per
Occurrence/$I,OOO,OOO Aggregate
$500,000 per occurrence/ $1,000,000
Aggregate
Architects Errors and Omissions Liability
IDEMNIFICA nON AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL T ANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($ I 0.00) of remuneration paid to the Architect/Consultant is
consideration for the indemnification provided for above.
20
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
eeJ2:r ~~
Respondent
~
/Signature
-r
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTffiLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20,000
Liability policies are --X-- Occurrence
Claims Made vW-
~U
Signature
Insurance Agency
Print Name: Le iqh W. McCrearv
CMIINTERNATIONAL, INC.
University Place
5220 So. University Dr.. Suite 203
Davie, Rorlda 33328
22
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s) I ~ '2
I have included:
o TheResponseForm~ _______
.Id- Lobbying and Conflict of Interest Clause _ '
o Non-Collusion Affidavit ,/'
o Drug Free Workplace Form ....---- .
o Respondent's Insurance and Indemnification Statement ~
o Insurance Agent's Statement V' -
o Professional and Occupational Licenses ----
I have included a current copy of the following professional and occupational licenses:
PIf.'E>>16~": $T...... ~ flL.ot '>>1\, A RcthT IfCT ttCooIIOl!12. i C.CP. 1111< ~o" t::IZ::c.
ot:t.v'lI71t:noItL.. ',TY D" ~t! Y W-er.T 0"00.'$/'2 t1tJ4JRol! cTY. A~ _.,,0820.
Mailing Address:
.3~
Telephone: 30~ 'lC:;b I ~47 Fax: '305 2.7'6 '2.7Z. 7
Date: E> PE: c... 2uo~
Signed: ~) ,~ --
hWitness: ~.I'~.c. Q~
eE,e.r- .Bc.f'lOc/(
(Name)
P/2E Sf [J E.N'--
(Title)
(Seal)
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"l3E-NDeK... f ~~--OC/ ATcS ~ ~f-I.I T7C-c..T5 (?4,~
(Company)
" warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any fonner 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".
. i/2~
(SIgna e~"
Date: 6 DEcEHB&e:
-'
-zr.ocy
STATE OF: F'lo'fl', '%) A
COUNTY OF: t1 O~ Ro ~
Subscribed and sworn to (or affirmed) before me on ::D..c.. g . 2co 9
.
(date) by -a ....c-+ "R ~ ~ d~ r-
personally known to me or has produced
- as Identification. (type of identification)
(name of affiant). He/She is
O...~~Y Pv~ Daina D Katubi
: ~ COmmission # DD4P5411
\Qrf\.&,Q'~~~F~ ~".~?'~(:
~A~' 9. ~
TAR Y PUBLIC '
My commission expires:
24
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
'BENDel2. f ~S-SOC./A~ ,Ae5:J+rTC.c..TS 'Rp....
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any 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.
b;tk<<
/
Respondent's Signature
6 PEe E~~(
Date
2CG~
25
NON-COLLUSION AFFIDAVIT
I, ~ E:-E:NOE:R- of the city of K:-E'I We::s:;r; FLo,~(p,A-
according to law on my oath, and under penalty of perjury, depose and say that:
1.
I am
P(2~S I DE=Nr
of the firm of_=e,E:f"J.pe~_"* A~SCJ C/A-n!:-$ A(2Cfi(TEC-J5
the bidder making the Proposal for the project described in the Request for
Qualifications for:
cO~I,,J()jNf,; 5~(2\J,c~ t::DC~ ~ .A~'J1ELVt=~IIJ~r?-
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
~~ignat~) --- jz'-(3
, ZCCf7
(Date)
STATE OF: B ~ ,.;L4t'2
COUNTY OF: t'\~" roO ~
PERSONALL Y APPEARED BEFORE ME, the undersigned authority, -s...-I:: g,,,~
who, after first being sworn by me, (name of individual signing) affixed
..!!is/her signature in the space provided above on this ~ day of ~'~iWll:...:-
20~.
i~~Y ..,,~~ Dalna 0 Katubl
· ~ Commission # 0049541"
\ r .A! Expires February 5. 2010
Of F\P'" ao.-r..,,,.. __ "" """'"
~~4~-- QHz.L,.
NOTARY PUBLIC .
My Commission Expires:
26
IDEMNIFICA nON AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL T ANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant IS
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
~ ~ 8r"NOE~<-- ~
e:'ndent ~ignature
27
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20.000
Liability policies are -1L- Occurrence
Claims Made cO vITL
~J I~
Signature
Insurance Agency
Print Name: Leiqh W. MCCreary
eMIINTERNAT/ONAL, INC.
University Place
5220 So. Unlvers/ty Dr., Suite 203
Dav/e, Florida 33328
28
EXHIBIT A
Hourly Rates
frZ.JNc..lpA~ · ... ~"o
l:>~ ~D~
S~FT- }5.~,~"" PE:tZ.c;:.cN~ .."
H ~VE.tJ Bv (l.t::E:.E.
p,.oYJo ?~
~ .~ #/~
.:rJ-.i iEeJ'l A/Z..CfL lie r -T PERsON, cl I. eo t ~
filA AT n-us TIHC:..
c.
11- /80 -
#f o~
14<J -
t
APH I f'Jf'S~T/Ve: SdP.pofZ. T <7,AFr.., ~o
't/;A-f N A ref!- TV e:, ,
<5\J"'2.At'-' H E:. 'fI\A'-( vV' ~ I
'- _._-- -"'-- --.-----
AC# 4263771 STATE OF FLORIDA i
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION II
BOARD OF ARCHITECTURE & INTERIOR DESIGN SEQ#
L09021300418
:. ICENSB NBR
02 13 2009 080363344 AAC002022 I
The ARCHITECT CORPORATION
Named below IS CERTIFIED I
Under the provisions of Chapter 481 FS.
Expiration date: FEB 28, 2011
BENDER & ASSOCIATES ARCHITECTS,PA
410 ANGELA ST
KEY WEST FL 33040
CHARLIB CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SBCRETARY
-~~.. 4~..._~._._ .-_..,__~._.____..__'"___ ....._ . ..'4____
.
AC# 4263666
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITBCTURE & INTERIOR DESIGN SEQ# L09021300313
_LICENSE NBR 1
102/13/2009 1090363344 IAROOll092
The ARCHITECT
Named below IS LICENSED
Under the provisions of Chapter 481 FS.
Expiration date: FEB 28, 2011
BENDER~ BERT LESLIB
410 AN(.iBLA ST
KEY WEST FL 33040
CHARLIE CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SECRETARY
..------
- ". - -- -. --. - - - - .- I
r-----;-- -------~-- --- _ .___ _~ ____~_=_:'I
I CITY OF KEY WEST, FLORIDA I
Business Tax Receipt
This Document is a business tax receipt
Holder must meet all City zoning and us. provisions.
P.O. Box 1409, Key West, Plorida 33040 (305) 809-3955
Business Name
Location Addr
Lic NBR/Class
Issue Date:
License Fee
Add. Charges
Penalty
Total
Comments:
BENDER & ASSOCIATES ARCHITECTS CtlNbr:0001702
410 ANGELA ST
10-00009562 SERVICE - PROFESSIONAL
September 25, 2009 Expiration Date:September 30, 2010
$309.75
$0.00
$0.00
$309.75
ARCHITECT
This document must be prominently displayed.
BENDER, BERT
BENDER & ASSOCIATES ARCHITECTS
410 ANGELA ST
KEY WEST FL 33040
Doer: XEYWBlD Tvpe: QC Drawer. 1
Dati: 9/2'5/99 s.+ Receipt no: 116227
2011' 9562
OR LIe occuPATIONAl 1 f3B9.7S
Trans nu.ber: 2394838
OK CHECK 9482 '399.75
;'.@
"I
~I
"
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t. :_',; I.c' ',:
::';, ,~\/ '.'~',';<.\{~) '/ \/ ,';/
:-( ',0'.
I.., ~_ I
.'- -':1 "f
~,c, . ,I '
2009 I 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
Business Name: BENDER a ASSOCIATES ARCHITECTS PA
:,
3,
1-
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/ .....;. .,f~ >1:-:;' j~~:_~"~: ~'.... ,',. .
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<
RECEIPT# 46110-63601
"
Owner Name: BERT BENDER
Mailing Address:410 ANGELA ST
KEY WEST, Fl 3304Q
Rooms
Business location: 410 ANGELA ST
KEY WEST, Fl 33040
Business Phone: 305-296-1347
Business Type: PROFESSIONALS
(ARCHITECT #AR0011082)
Seats Employees Machines Stalls
STATE UCENS': AROOll082 EX 2/09
For Vending Business On'Y
Vendln T'
Prior Years CoI'ectJon Cost
0.00
PAID-117-06-0000376'
O'/O~/200' 30.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Division: County Administration
Bulk: Item: Yes -.X.-.- No
Department: Protect Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of a Contract with Bender & Associates Architects for
Construction Administration Services for the East Martello Tower Restroom project.
ITEM BACKGROUND: Bender & Associates Architects designed the restrooms in 2004 while
under a Continuing Contract with the County. The project did not attract any bidders and was
cancelled. The restroom project is once again going out for Request for Proposal. Bender &
Associates Architects is the local expert on East and West Martello Towers, and on Fort Zachery
Taylor. The contract includes modifications to the Drawings to meet current Code requirements.
PREVIOUS RELEVANT BOCC ACTION: On January 20,2010 the BOCC approved a Continuing
Contract with Bender & Associates Architects in which construction costs do not exceed
$2,000,000.00 or for study activity if the fee for each individual study does not exceed $200,000.00.
In the past, Bender & Associates Architects also had a Continuing Contract with the county approved
by the BOCC on March 20,2002, and Renewed on March 19, 2003.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $7.600.00 INDIRECT COST:
BUDGETED: Yes --LNo
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: $7.600.00
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes No~ AMOUNTPERMONm Year
APPROVED BY: County Atty ~~:sing _ Risk Management
DOCUMENTATION: Included X J''I/ Not Required_
DISPosmON:
AGENDA ITEM #
Revised 7/09
~'
~,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Bender & Associates Contract #_
Effective Date: 05/19/1 0
Expiration Date:
Contract Purpose/Description: ~
Construction Aministration Services and a Redesign to m current codes for the East
Martello Tower Restroom Renovation Proiect.
Contract Manager: Ann Riger X4549 Facilities DeveI/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 05/19/10 Agenda Deadline: 05/04/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 7,600.00
Budgeted? YesC8J No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 7,600.00
117-77040-530310-TM07369X-530310
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value a1x>ve) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date Out
Changes
Date In Needed
Division Director _ Y esD No~~ .' / 5 L/ /0
Risk Management Cf-jD 'f) YesD NoE:(' ~ / 4<?f) 1)
JitB/Pfchasing <; -06 -ID YesD N~~-c~~ 6/?
County Attorney ~() YesD Nola" ;P~d)(2~
o-/D
Comments:
OMB Form Revised 2/27/01 MCP #2
Monroe County
Project Management Department
1100 Simonton Street
Key West, FL 33040
(305) 292-4429
Fax (305) 295-4321
~.~
--' .-r
""~
(-'~-- BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy. District 5
Mayor Pro Tem Heather Carruthers. District 3
Kim Wigington, District I
George Neugent, District 2
Mario Di Gennaro, District 4
OK~~rY ~o~~~E
(305) 294-4641
FROM
Monroe County BOCC
r~man Gaste
MEMORANDUM
/ 'C
~(cJ
(J-
TO:
DATE:
April 30, 2010
SUBJECT: Selection of Continuing Contractor
County Policy governing the selection of Contractors from the pool of "Architect _
Engineer Continuing Contracf' 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.
Sender and Associates is the highest ranked firm in the rotation, that states in their
Submittal of Qualification that they posses this specific historic expertise. On January
20,2010 the SOCC approved adding Bender to the list of Continuing Contractors for
the specific purpose of addressing construction design issues related to the historical
forts in our area.
Therefore, I am requesting approval for this out of order selection for the East Martello
and the West Martello projects. These projects include the restroom renovation at the
East Martello, perimeter fence replacement at West Martello, brick and mortar repairs
at East Martello and brick and mortar repair at West Martello.
OK'!~rY ~~~~~E
(305) 294-4641
i""'....->~
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
December 22,2009
~..
t,
Monroe County Board of County Commissioners,
Roman Gastesi, County Administrator
RE: Awarding Bender and Associates a Continuing Contract for AlE services
Dear Commissioners and Roman:
The top four (4) ranked Architects responding to an RFQ have been awarded a Continuing Contract for
Architect/Engineering Services (AlE). At this time, it would be to the County's advantage to award the 5th
ranked AlE firm (Bender and Associates) a Continuing Contract.
Originally, Project Management requested that four contracts be awarded. Project Management is, at this
time, asking that a fifth contract be awarded.
Bert Bender is the local authority on restoration and/or renovation of the forts and Martello's located in our
area. We will be involved in several projects on the forts and/or Martello's in the near future (we are
starting two at this time) and recommend that the County contract with an architect that has experience
with these historic structures.
Mr. Bender was contracted in the past to do a survey of the structures to determine the need for repairs.
He has also provided Architectural Services for the County on several projects for repair and renovation of
portions of these structures. These structures are historical in nature and great care must be taken to
preserve their value to the people of Monroe County and citizens of the United States of America.
Bender and Associates is the next ranked firm on the RFQ score sheet and has great knowledge and
experience with these structures. Therefore, it would be appropriate to offer Bender and Associates a
Continuing Contract for AlE Services.
Thank you for your consideration of this matter.
Sincerely, - --=::::'::-:::;1
O;'J?f:. a./!3a~-~
~rry'A. arnett, Director
Proje anagement
JAB/cai
1100 Simonton Street
Key West FI 33040
Tel: 305-292-4429
Fax: 305-295-4321
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
For
REMODEL AND UPDATE RESTROOMS TO ADA COMPLIANCE
At
EAST MARTELLO TOWERS
3501 S. ROOSEVELT BLVD, KEY WEST FL 33040
THIS CONTRACT made as of the 19th day of May, 2010, FOR PROFESSIONAL SERVICES
BETWEEN O~'ER AND ARCHITECT (the "Contract" or "Agreement") is made and entered into by
MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"), a
political subdivision of the State of Florida. whose address is 1100 Simonton Street, Key West, Florida
33040, its successors and assigns through the Monroe County Board of County Commissioners
("BOCC"). and BENDER & ASSOCIATES ARCHITECTS, P.A. (the "Architect") ,whose address is
410 Angela Street, Key West, Florida 33040, its successors and assigns.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein. and for other good and valuable consideration, the sufficiency of which hereby
acknowledged. the Owner and the Architect/Engineer agree:
1. This contract shall be effective on the date of execution by the last party signatory to the contract.
2. This contract is in accordance to the Continuing Contract as approved by the BOCC on January
20,2010 where professional services are to be rendered for projects in which the estimated construction
costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000.00). All
terms and conditions of the continuing contract approved by the BOCC shall apply to this contract.
Modifications to the existing contract consist of the following:
3. The Architect shall not disclose, publish, or authorize others to disclose or publish. design data,
drawings, specifications, reports, or other information pertaining to the services performed by Architect or
other information to which the Architect has had access during the Term of the Continuing Contract
without the prior written approval of the County, during the Term of the Continuing Contract and for a
period of two years after the tennination of the Continuing Contract. Nevertheless, the parties agree the
Architect may use and publish the County's name and give a general description of the work provided by
the Architect for the purpose of infonning other clients and potential clients of the Architect's work
experience and qualifications.
4. Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes,
Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida
Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related
statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by
law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with
a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing
Contract by the County.
5. Scope of Work: Drawings and Tec/mical Specifications were completed by the Architect in
2004. The Architect will provide Contract Administration Services and modify the Drawings and
Technical Specifications that were previous completed, to comply with current codes. The Men and
Women's restrooms will be remodeled and updated to meet ADA requirements, as much as is feasible in
this Historic Structure. The plumbing and fixtures will be replaced. Interior walls, as well as entry doors
and openings will be constructed. Individual tasks along with a required time schedule are attached
hereto as Exhibit" An.
6. Services shall include, but not be limited to: Revise current design to comply with current ADA
requirements, as much as is feasible with this Historic Structure, and current building codes. Preparation
of contract documents for bids, preparation and advertisement for Request for Bids, tabulation and review
of bids, recommendation of contract awards, cost estimating, administration of contract documents,
consultation and on-site inspections during construction, review and recommend approval of contractor
invoices, preparation and submittal of permit applications.
7. The cost for professional services shall be a lump sum of $7,600.00, billed montWy ending the
last day of each month. There shall be no reimbursable expenses associated with this contract.
8. All other terms and conditions of this Contract shall comply with the Continuing Contract dated
January 26,2010, which shall be made a part of this contract as if written herein in its entirety.
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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
M ayor/Chairman
Date:
WITNESS TO Architect's Signature:
By:(.:u~ ~. ~;
WITNESS Signature
:J)q;/Ja Y. Uk//:;:
Print Witness Name
Print Name of Corporate Agent
Date:
1-. d9- ;;)0/0
Date:
4, 2fJ. Zo/ZJ
~~~f?~
</~3tJ-/O
"Exhibit A"
April 20, 2010
Mr. Jerry Barnett, Director of Project Management
Monroe County Construction Mgmt.
The Historic Gato Cigar Factory
1100 Simonton Street
Key West, Fl 33040
RE: East Martello ADA Compliant Restrooms
Dear Jerry:
Thank you for asking us to provide contract administration services for the ADA restroom upgrades at East Martello. As
discussed, we will modify the documents prepared by us under a previous continuing services contract, our Job Number
0233, dated 2/16/04, to reflect code changes and the current scope. ADA compliant bathroom renovations that were a
part of the original scope will be constructed at this time. I anticipate the following tasks and fees will be required.
Project Manager Project Admin. Assistant
Task Description Architect
Code Check, Revise Documents (2 days) 2 14
Prepare Bid Documents, Coordination 0.5 3
Pre-Bid Meeting 2
Bid Evaluation, Recommendation 2 3
Pre-Construction Meeting 2
Shop Drawing Review Submittals 1 4
Site Visits, Field Log (4 @ 4 hours + support 8 8 2
Project Closeout 0.5 1
Total Hours 18 26 9
$/hour $180 $140 $80
Labor cost $3,240 $3,640 $720
TOTAL $7,600
I propose to provide the required services for a lump sum fee of $7,600. There will be no professional fee added for the
use of our documents since we will be providing the contract administration services.
Please call if I have misunderstood the scope or if you need any modifications.
Sincerely,
. //
~~_._._-_.-
Bert L. Bender, Architect
110 :\ol:el:l Street
Kev West, Florida 55tHO
Telephon(' un.,) ~9()-1 H 7
facsintile (5{).,) ~96-n 27
F/oridilLlc/."I/:i1.' :1:IUJO.!Ol.!
1\'\\1\ BClldcr.\rcl1ilccb.cOIll
BlB:swm
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by
Monroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and
Bender & Associates Architects. P.A. ,the ("Architect")., whose address is 410 Angela
St. Key West. FL 33040. its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the Architect
by the Owner. The specific services to be performed under these separate contracts will
be determined by the Owner and agreed to by the Architect. Each separate contract will
contain specific scope of work, time schedule, charges and payment conditions, and
additional terms and conditions applicable to that specific contract. Architect will be
chosen pursuant to Owner policy and work will be distributed among all contractors who
have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the tenns of the separate contract, the terms of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect makes the following express representations and
warranties to the Owner:
1.1.1 The Architect is a professional qualified to act as the Architect for the Project and
is licensed to practice Architecture/Engineering by all public entities having jurisdiction
over the Architect/Engineer and the Project;
1.1.2 The Architect shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect for the Project until the Architect's duties
hereunder have been fully satisfied;
1.1.3 The Architect shall become familiar with the individual Project site and the local
conditions under which the Project is to be designed, constructed, and operated prior to
entering a separate contract for any specific Project.
1.1.4 The Architect shall prepare all documents required by this Contract including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The Architect
warrants that the documents prepared as a part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.5 The Architect assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ as Architect of Record.
1.1.6 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Architect shall
submit, for the Owner's and Monroe County Project Management Department's
information, a schedule for the performance of the Architect's services which may be
adjusted as the Project proceeds if approved by the Owner, and shall include allowances
for periods of time required for the Owner's and Monroe County Project Management
Department's review, and for approval of submission by authorities having jurisdiction
over the Project. Time limits established by this schedule and approved by the Owner
may not be exceeded by the Architect except for delay caused by events not within the
control of the Architect or foreseeable by him.
1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating such services,
including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
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shall entitle the COUNTY to terminate this agreement immediately upon delivery of
written notice of termination to the Architect.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through
2.6, and other services identified as part of Basic Services, and include normal, civil,
structural, mechanical, and electrical engineering services.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect shall be responsible for designing the Project in accordance with the analyses
and recommendations of the geotechnical information furnished by the Owner.
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program for space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents, consultation and on-site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Architect shall arrange his schedule in order to be available to perform the
listed services for one or for several projects if requested by COUNTY and with the
understanding that for any individual project the construction costs will not exceed the
limits under F.S. 287.055 (2)(g).
2.2 SCHEMA TIC DESIGN PHASE
2.2.1 The Architect shall review the County's program, schedule and construction
budget furnished by the Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall review with the Owner and Monroe County Project
Management Department's proposed site use and improvements, required pennits,
zoning, selection of materials, building systems and equipment; and method of Project
delivery.
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2.2.3 The Architect shall review with the Owner and Monroe County Project
Management Department's alternative approaches to design and construction of the
Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide
drawings, outline specifications, estimate of anticipated cost in accordance with the
schematic designs, and other documents for the Owner's approval and the Monroe
County Project Management Department's infonnation.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect continuing to the Design Development Phase.
2.3 DESIGN DEVELOPMENTIDOCUMENT PHASE
2.3.1 Upon completion of the Design Development Phase, the Architect shall provide
drawings, outline specifications and other documents for the Owner's approval and the
Monroe County Project Management Department's infonnation. The Architect shall
provide an estimate of anticipated costs in accordance with the design development
phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner
prior to Architect continuing to the Construction Documents Phase.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the
Monroe County Project Management Department's review.
2.4.2 The Architect shall assist the Owner and Monroe County Project Management
Department in the preparation of the necessary bidding infonnation, bidding forms, the
Conditions of Contracts, and the forms of Agreement between the Owner and the
Contractors.
2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform
to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shaU be of such completion as to receive aU permits when applied for. If permits are
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denied. then the Architect will confonn the construction documents in such manner to
receive permits upon such plans. Work required from the Architect to conform the
documents to federal, state, city, county, or agency specifications and permit
requirements to allow them to be approved shall be completed at no charge or cost to the
Owner.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the Construction Documents
and the Architect's latest estimate of Construction Cost, shall assist the Monroe County
Project Management Department in obtaining bids or negotiated proposals and assist in
preparing contracts for construction.
2.5.2 The Architect shall assist the Monroe County Project Management Department in
issuing bidding documents to bidders and conducting pre-bid conferences with
prospective bidders. The Architect, with the assistance of the Monroe County Project
Management Department, shall respond to questions from bidders, and shall issue
addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6.1. The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for construction
and terminates with the issuance to the Owner of the final Project Certificate for Payment
including the submission of all project close-out documents by the Architect and
Contractor. The Architect will administer the Owner's contract as provided for in that
document. The Architect agrees to perform a project check prior to the end of the
warranty period as a part of the contract. The check shall not exceed one working day
unless additional time is approved by the Owner.
2.6.2 The Architect shall at all times have access to the Work whenever it is in
preparation or progress.
2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but
not otherwise, act on behalf, and be the agent, of the Owner throughout construction of
the Project. Instructions, directions, and other appropriate communications from the
Owner to the Contractor shall be given to the Contractor by the Architect or Monroe
County Project Management Department.
2.6.4 The Architect shall have authority, after notification to the Monroe County
Project Management Department to reject Work, which does not confonn to the Contract
Documents.
2.6.5 The Architect shall review and sign or take other appropriate action on Change
Orders and Construction Change Directives prepared by the Monroe County Project
5
Management Department for the Owner's approval and execution in accordance with the
Contract Documents.
2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for
the proper execution of the work as long as there is no change in Contract price.
2.6.7 The Architect shall require inspection or re-inspection and testing or retesting of
the work, to include architectural/engineering, structuraI, mechanical and electrical
engineering portions of the work, in accordance with the provisions of the Construction
Contract whenever appropriate.
2.6.8 The Architect, assisted by the Monroe County Project Management Department,
shall conduct inspections to determine the dates of Substantial Completion and the date
of Final Completion.
2.6.9 The Architect shall interpret and decide matters concerning performance of the
Contractor under the requirements of the Contract Documents upon written request.
2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings and submitted on proper Construction Change Directives.
2.6.11 The Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between Owner and Contractors relating to
the execution or progress of the Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be
restricted, modified or extended without written agreement of the Owner and Architect.
2.6.13 The Architect shall be a representative of and shall advise and consult with the
Owner (1) during construction until final payment to the Contractor is due and (2) as a
Basic Service at the Owner's direction from time to time during the correction period
described in the Contract for Construction.
2.6.14 The Architect shaH transmit to the Owner all manuals, operating instructions, as-
built plans, warranties, guarantees and other documents and things required by the
Construction Contract and submitted by the Contractor.
2.6.15 The Architect shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect shall not
be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect shall not have control over or
charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
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2.6.16 The Architect shall make available to the Owner any personnel or consultants
employed or retained by the Architect for the purpose of reviewing, studying, analyzing
or investigating any claims, contentions, allegations, or legal actions relating to, or arising
out of, the design or construction of the project.
2.6.17 The Architect shall review any as-built drawings furnished by the Contractor and
shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Architect or its
consultants, or both.
2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner
during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect, its consultants, or both. This added expense
is defined as the difference in cost from that which the Owner would have paid if the
work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect for other than the previously listed consulting
scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in cOMection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the Architect. The
Architect shall respond with fee proposal to perform the requested services. Only after
receiving an amendment to the Agreement and a notice to proceed from the Owner
proceed with the Additional Services.
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ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department to
act on the Owner's behalf with respects to the Project. The Owner or Monroe County
Project Management Department shall render decisions in a timely manner pertaining to
documents submitted by the Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services. However, the parties acknowledge
that due to Monroe County Policy, Ordinances or State or Federal Statute there may be
times when a decision must be made by the BOCC, in which case any delay shall not be
attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner and Monroe County Project
Management Department to the Architect if they become aware of any fault or defect in
the Project or non-conformance with the Contract Documents.
4.3 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect or its consultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the Owner's criteria, as and if, modified. No review of such documents
shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability
or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
S.l The Construction Cost, if applicable, shall be defmed in a contract for the specific
Project.
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect covenants and agrees to indemnify and hold harmless
Owner/Monroe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Architect or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
8
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect, the Architect agrees and warrants that he shall hold the County harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect's failure to purchase or maintain the required
insurance, the Architect shall indemnify County from any and all increased expenses
resulting from such delays. Should any claims be asserted against County by virtue of
any deficiencies or ambiguity in the plans and specifications provide by the Architect the
Architect agrees and warrants that Architect hold the County harmless and shall
indemnifY it from all losses occurring thereby and shall further defend any claims or
action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VII
7.1 PERSONNEL
The Architect shall assign only qualified personnel to perform any service concerning the
project.
ARTICLE VIII
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affIrmation. Details of payment wiU be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3 BUDGET
8.3.1 The Architect may not be entitled to receive, and the County is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this Agreement in each
fiscal year (October 1- September 30) by County's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the County's Board of
County Commissioners.
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8.3.2 A V AILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the separate contracts for individual projects, the
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect The County shall not be obligated to pay for
any services provided by the Architect after the Architect has received written notice of
termination, unless otherwise required by law.
8.3.3 The County does not guarantee Architect any specific amount of work or
contracts under this agreement. The parties shall enter into a separate contract for each
project awarded to the Architect by the County. The specific services to be performed
under these separate contracts will be determined by the County and agreed to by the
Architect. Each separate contract will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions applicable to that
specific contract. Architect will be chosen pursuant to County policy and work wiU be
distributed among all contractors who have signed a continuing contract.
8.3.4 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE I~
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the Architect for a
specific project are instruments of the Architect's service for use solely with respect to
that project, and the Architect shall be deemed the author of these documents and shall
retain aU common law, statutory and other reserved rights, including reproducible copies,
of the Architect's Drawings, Specifications and other documents shall not be used by the
Owner or others on other projects except by agreement in writing and with appropriate
compensation to the Architect.
t(J.l.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect's reserved rights.
10
10.1.3 The As-Built drawings and specifications may be furnished by the Architect to the
Owner in electronic format in addition to the original As-Built documents.
10.1.4 The Owner may utilize the construction documents, As-Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect is and shall be an independent contractor in the perfonnance of all work,
services, and activities under this Agreement and is not an employee, agent or servant of
the County. The Architect shall exercise control over the means and manner in which it
and its employees perfonn the work and in all respects the Architect's relationship and
the relationship of its employees to the County shall be that of an independent contractor
and not as employees or agents of the County. The Architect does not have the power or
authority to bind the County in any promise, agreement or representation other than such
power and authority that is specifically provided for in this Agreement.
ARTICLE XlIl
13.1 INSURANCE
13.1.1 The Architect shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. Professional Liability Insurance
shall also be maintained as specified. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the Architect's failure to
II
purchase or maintain the required insurance, the Architect shall indemnify the County
from any and all increased expenses resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a fonn acceptable to the County.
13.1.3 Architect shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits ofS 1 00,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($100,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
coverage or purchase a ''tail'' to cover claims made after completion of the
project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. County shall be named as an additional insured with respect to Architect's
liabilities hereunder in insurance coverage identified in Paragraphs C and D.
G. Architect shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of Architect if so
required by County during the term of this Agreement. County will not pay
for increased limits of insurance for subconsultants.
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H. Architect shall provide to the County certificates of insurance or a copy of all
insurance policies including those naming the County as an additional insured
by including any subsection thereunder. The County reserves the right to
require a certified copy of such policies upon request.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may tenninate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes of the form of agreement, the exhibits that are attached
and made a part of the contract, and the documents referred to in the form of agreement
as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Architect will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may not be awarded or perform work: as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CA TEooR Y TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect agree that all disputes and disagreements shall first be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be submitted to mediation before a mediator
IJ
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution of legal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement
ARTICLE XVII
Additional Requirements
17.1 The following items are part of this contract:
a) Architect shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement If an auditor employed by the
County or Clerk determines that monies paid to Architect pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Architect shall repay the
monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the
date the monies were paid to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be 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 Architect agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to a trial by jury. The County and Architect agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution
14
of any other administrative or legal proceeding, pursuant to Section XVI of this
agreement.
c) Severability. If any term, covenant, condition or prOVISion of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Architect agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Architect 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.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect and their
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect and County agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Architect agree
that all disputes and disagreements shall be attempted to be resolved under Section XVI
of this agreement. If no resolution can be agreed upon within 30 days after mediation,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the fonnation, execution, performance, or breach
of this Agreement, County and Architect agree to participate, to the extent required by the
15
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this Agreement.
County and Architect specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. Architect and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect or County agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 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
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement
k) Covenant of No Interest. Architect and County covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect 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
16
has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision. the Architect agrees that the
County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
n) Public Access. The Architect and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect shall have the right to unilaterally cancel this Agreement
upon violation of this provision by County.
0) Non- Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage,
or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect and the County agree that neither the Architect nor the
County or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
17
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
s) Attestations. Architect agrees to execute such documents as the County
may reasonably require including a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect pursuant thereto.
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Architect
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that DBE's have the opportunity to compete and perfonn contracts. The County
and the Architect and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
w) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
18
x) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
By:1hohJ e. '~CW\..-t.;J
Deputy Clerk
By:
Mayor/Chairman
Date: \ - ~ ~--\O
:'1:CNROE COUNTY ATTOm":Y
PROVED AS TO FO,=l, .
~c:::eJ2. ~~A ~~ 17"ECf'S, ~A,.
(INSERT NA;;~;;trchitect)
By: ~ '
Signature of Corporate Agent
NAT/LEENE W. CAS::;';:!..
ASSISTANT CO,UNTY AT"1f1 :'~'I
Date /.;;;l - / 7 - 0 __
B=er -BeNr;E:fC-1 ~'Di=Nr
Print Name of Corporate Agent
Date: 8 OE:ClEMeee.. ~
WITNESS TO Architect's Signature:
By: ~.-~-. ClJ.~~
ESS SIgnature
..::I:>1:2 i"'4 j). ~~
Print Witness Name
Date: "::D~. 8 :z.cocr
I
END OF AGREEMENT
19
.~~
CERTIFICA I E OF LIABILITY INSURAhCE <:~iib r OA:~U;:O=
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INC.
,"~OOUCE"
CHI INTERNATIONAL,
UNIVERSITY PLACB
5220 S. UNIVERSITY
DAVIB P'L 33328
Phone:954-680-0900
DR, C-203
P'ax:954-680-5600
INSURERS AFFORDING COVERAGE
INSURER 11: EVANSTON INSURANCB COMPANY
INSURER B: P'LORIDA RETAIL P'BDBRATION
INSURER C: NSSTDJr WOaLD InOLUtCll co.
INSURER 0:
INSURER E:
NAIC tI
INSURIO
Bender & Associates Architects
410 Angela Street
Key West P'L 33040
I
:OVERAGES
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 PERTAlN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO Al.l THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
TN NSR TVPI 01' INSUlU.NCI
aINIM1. UA8lUTY
:: X X COMMERCIAl GENERAL LIABILITY NPP1134934
CLAIMS MADE [iJ OCCUR
POLICY NUMBI"
U"TS
EACH OCCURRENCE . 1,000,000
10/25/09 10/25/10 .50,000
. 5,000
. 1,000,000
GENERAL AGGREGATE .2,000,000
PRODUCTS - COMPIOP AGO . Bxcluded
COMBINED SINGLE LIMIT .
(Ea accldenl)
BODILY INJURY .
(Per penon)
BOOn. Y INJURY .
(Per accldent)
.
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EA ACC .
AGO .
.
.
.
.
.
01/01/10 12/31/10 .500,000
.500,000
E.L DISEASE - POLICY LIMIT .500,000
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
CYtl.
aAlU.OI LIABIUTY
ANY AUTO
IllCI" / UMBRIllA lIABIUTY
OCCUR 0 CLAIMS MADE
DEDUCTIBU!
RETENTION .
WO"KIltB COMPIN
AND I!RPLOYCllS' UABIUTY Y / N
ANY PROPRIETORIPARTNERlEXeCUTMt""I
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SPECIAl PROVISIONS below
OTHM
0520150560000
protessional
LiabUit
UfITlON 01' Ol'ElU.TlONB/ LOCATIONS / VIHlCLES/exCLUSIONS ADOID BY ENDORSEMINT / SPIC\At. PItOVlSIONS
PBSSIONAL LIABILITY POLICY IS A CLAIMS MADB POLICY. COVERAGB APPLIES
l( TO THOSB CLAIMS WHICH P'IRST OCCUR AND ARB P'IRST REPORTED TO THB COMPANY
RING THB POLICY TERM. RETROACTIVE OATH 1/5/93. Monroe C0Ur:ty
AB818834
02/10/10
02/10/11
$1,000,000
$1,000,000
MONROBC
CANCELLATION
SHOULD ANY Of' TNI Aaovl DISC"'Beo POUCI
DATW TNI"~. TNIISSUING INSURI" WItt
NeTICI TO TNI CI!Iml'ICATW HOLDIIII NAJiififJ1'
IMPOSI NO 08UOATION 0.. LIA8IUTY 01' ANY KIND U
RIfIRISINTATlVU.
AUTHO..IZID IW'RISIHTATlVI
Leigh W. McCreary
10 81f1D"1 TNI IXJlllU. TlON
!L OA....WMTaN
AltUUTOOO SCtSHALL
I INSURI", ITS AGENTS 0..
IF/CATE HOLDER
COUNTY OF MONROB
PROJECT MANAGBMBNT
1100 SIMONTON STREET ROOM 2216
BY WEST P'L 33040
>> ~5 (2009/01)
~ 1988-2009 ACORD CORPO
The ACORD name and logo are regIstered marks of ACORD
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 1~ OATI! IMMIDCfYYYT)
BEND"" 1 01/04/10
PIIOOUCI" THII CERTIFICATE II ISSUED AI A MAnER Of' INFORMATION
ONLY AND CONFERS NO RJGHTI UPON THI CIRTFlCAT.
rhe ruller., IDG HOLDa THlI CDTIFICATI DOH NOT AMINO. exTEND OR
L432 Xennedy Drive AL TIlt THI COVIItAGI ""0ItDED BV THI! POlICIES BILOW.
t.y W..t rL 33040
'hOD..lOS-2,t."77 rax.30S-2'2-4f41 INSURIRS "'FORDING COVI!IW3' HAle ,
~SUMD IHIUAIR A: Progr...ive Com.ercial Diy
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INIUAIiR I:
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TliIi POLICD ~ IHSUAAHCa LISTID..OW HAW ..... ISIUaO TO TlilIlNSUAIO NAMl!D AlIOVI fOIl THI ~ NIUClO 1HOICATiD. NOl'MTHITANOIHG
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AOOID BY INDO
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MOnroe Couaty Board of County
Comal..ion.r.
1100 SimoDtoa Street Ra ~6'
Key W..t rL 33040
CANCIUATfOIf
HOneO. SHCXlLD AIf'f '" THlMOW DUCNIU 1'OUCIa. c........ , ~ NPClM ntllIXI'lIIlA
OATlTHIIIIOf'. TIlI__ ~ MLL IMlU\QtTO MAIL !!.- OAft~
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25 (2001/01)
SECTION FIVE
INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Reauirement
Reauired Limits
Worker's Compensation
Statutory Limits
Employer's Liability
$100,000/$500,000/$100,000
General Liability
$100,000 Combined Single Limit
Vehic1e Liability
$100,000 Combined Single Limit per
Occurrence!$I,Ooo,ooo Aggregate
Architects Errors and Omissions Liability
$500,000 per occurrence! $1,000,000
Aggregate
IDEMNIFICA TION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL TANTS
The Architect/Consultant covenants and agrees to indemnity, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnity the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnity it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is
consideration for the indemnification provided for above.
20
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
e.E:J;:T" eeN~
Respondent
~
ISignature
r
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTmLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY
$20,000
Liability policies are -X...-Occurrence
Claims Made v1liL
~U
Signature
Insurance Agency
Print Name: Leiqh W. McCrearv
CM' INTERNATIONAL, INC.
University Place
5220 So. University Dr., Suite 203
Davie, florida 33328
22
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s) I ~ '2
I have included:
o The Response Fonn~ ....----
Jd- Lobbying and Conflict of Inte~ Clause _ j
o Non-Collusion Affidavit ~
o Drug Free Workplace Form ~ .
o Respondent's Insurance and Indemnification Statement ~
o Insurance Agent's Statement v'
o Professional and Occupational Licenses ----
I have included a current copy of the following professional and occupational licenses:
PIl.'E$$'6N'itL.: $flIT. Of IIL.o. '2)", ARcHIT IICT It COO"o".1 i G.C P. 111'< iflO:.J 02. ':&
S~u'Jh1e:1IOIfL ~ C ,"Y D ~ Itt! Y W't$T ~oo.'$":2. t1114JRol!. c:TV. AR ._1108z..
Mailing Address:
.3~
Telephone: 30~ z~~ /347 Fax: '305 '2.<76 "Z.7'Z 7
Date: ~ J/E: c... ZuoCJ
Signed: ~) .l~ --
-Witness: ~.....~." Q~
~r- .t3C:.N .oc/(
(Name)
f12E ~I [) &"---1'-
(Title)
(Seal)
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
,,13E:-NDER... f .A. -:;soc; Arcs ~ ~f4.1 rK..c..T5 (?4ll
(Company)
" warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its 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" .
. ft!2 ~
(Signa e)
Date: c5 .DE:r..EHB~
~.
'2f:D<j
STATE OF: F"Lo'IP, '%) A
COUNTY OF: r1 OtO Re ~
Subscribed and sworn to (or affirmed) before me on ::D4"c.. g I :=Zce <=1
( date) by -a ...,...+ "R ~ .., d ~ r-
personally known to me or has produced
- as Identification. (type of identification)
(name of affiant). He/She is
l~Y "''''t Dalna 0 Katubi
. ~ Commission' DD4P5411
~ r D Expires FebruaIy 5 2010
'>Of~ _"..,,,.. _,.... ,.'1).~"",
~~ 9..~
tAR Y PUBLIC '
My commission expires:
24
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
~De12.1- ,AS'SDC./A~ AF5-.F+(7'C.LTS R~.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any 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.
b~
I Respondent's Signature
c5 Pee E~~(
Date
2CG 'J
25
NON-COLLUSION AFFIDAVIT
I, ~ B€:NOE:R.. of the city of kE:'1 VVC:::S;:r; FLo,(2...1 VA-
according to law on my oath, and under penalty of perjury, depose and say that:
l.
lam
P\Zt=S r Oe::.Nr
of the firm of _t>c,.J..D E:~_ 4- A~<5CJ C/A"TtE-S A(2Lfi(TECJ5
the bidder making the Proposal for the project described in the Request for
Qualifications for:
CO~T1,J()/~ 5tE(2\JICrE$ CbD~ ~ ~~fWJ7EL7/t=r"~:Jf'Ji~rz..
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
.tt,) ~ ---- IZ.f3
(SignaMe _ __ ent)
· 2Cd7
(Date)
STATE OF: ..B ~ ,:.~o
COUNTY OF: M~ft,.a ~
PERSONALL Y APPEARED BEFORE ME, the undersigned authority, --s...i::...Br"k.-,-
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this ~ day of ~'4'ml...r
-
20-M--.
~'"
i~~~ Dalna 0 Kafub'
· ~ Commission # 00495411
\ r .4 Expires FebnJaty 5. 2010
01 ~ ao...r",,- ......11II ,...",..
~A~~~- Q 4.L-
NOTARY PUBLIC .
My Commission Expires:
26
IDEMNIFICA TION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSUL T ANTS
The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Architect or Consultant
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Consultant's failure to purchase or maintain the
required insurance, the Architect/Consultant shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that
Architect/Consultant shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
~ eaer 8f5'.JOE;-:<- ~dl!'Y
- e'Ponden! Signature
~.
27
, c
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
GENERAL LIABILITY
NONE
WORKERS COMPENSATION
NONE
PROFESSIONAL LIABILITY .
$20,000
Liability policies are -1L- Occurrence
Claims Made ,t W vV\:L
Sign~.
Insurance Agency
Print Nmne: Letqh W. McCreary
eMI INTERNATIONAL, INC.
University Place
5220 So. University Or., Suite 203
Davie, Florida 33328
28
EXHIBIT A
Hourly Rates
f1ZJNCI pAl..- · · .. .. ~ 6 '$ /8:0 C~
e~~~
C;;~Ff=- ~ 4,2eHITIECi pE:(<. ~+8... .... It /4O-.!'
H~V~tJ Bu(l.~E:.E:.
'DflYIO ?~
~ .~ 4i/~
::r::NiEe../'I A!Z.Cj-J Ire CT PERsON'cl t. ..., ~
filA AT i1-/f<;:' TIHE::.
t
APH f f'J f <5 ~ TIV e:.. S cJp.po fZ. r 5;-;4t=F... , ~o
'O;A( tV A (c,a- TV ~,
~"2,At'f r-4 E. 'fI\A'-( W ~ I
- _._-- --"-- '-"-'--
I ACI 4263771 STATE OF FLORIDA i
DEPARTMENT OP BUSINESS AND PROPESSIONAL REGULATION II
BOARD OJ' ARCHITECTURE Gc INTERIOR DESIGN SEn.a
'-' L09021300418
_LICENSB NBR /
102/13/2009 IOB03~IAAC002022 I
The ARCHITECT CORPORATION
Named below IS CERTIFIED
Under the provisions of Chapter 481 PS.
Expiration date. FEB 28, 2011
BENDER.. ASSOCIATES ARCHITBCTS,PA
410 ANGBLA ST
KBY WEST PL 33040
CHARLIB CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLBS W. DRAGO
SKCRETARY
.~-... ............-.. ..~...--_._._-_._._---...-._... ....----
AC# 4263666
.
STATE OF FLORIDA I
DBPARTMENT OP BUSINESS AND PROFESSIONAL REGULATION
BOARD OJ' ARCHITKCTURB .. INTBRIOR DBSIGN SEat L09021300313
_LICENSE NBR 1
102/13/20091080363344 IAR0011082
The ARCHITECT
Named below IS LICENSED
Under the provisions of Chapter 481 FS.
Expiration date. PES 28, 2011
BENDBRL SKRT LESLIB
410 ANuBLA ST
KEY WEST PL 33040
CHARLIB CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SECRBTARY
r----~-~
/,
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
Thi. Document is a business tax receipt
Holder must meet all City zoning and use provisions.
P.O. Box 1409, Xey West, Plorida 33040 (305) 809-3955
..------
'j'
Business Name
Location Addr
Lic NBR/Class
Issue Date:
License Fee
Add. Charges
Penalty
Total
Comments:
- _... - .. - ... -- - - - -- ..
'---- ,
-- /1
I
BENDER & ASSOCIATES ARCHITECTS CtlNbr:0001702
410 ANGELA ST
10-00009562 SERVICE - PROFESSIONAL
September 25, 2009 Expiration Date:September 30, 2010
$309.75
$0.00
$0.00
$309.75
ARCHITECT
This document must be prominently displayed.
BENDER, BERT
BENDER & ASSOCIATES ARCHITECTS
410 ANGELA ST
KEY WEST FL 33040
OOf!", l(EYUBf..D TVPf' OC Draw,r' 1
Oat.: 9/25/89 54 R.e,ipt no: 116227
201' 9562
OR LIe OCCtJlATIOHI1. J $309.7S
Trans nu.b,r, 2394sat
Q( CHECX 9492 $ 399. 75
, '-l~
;,,'. /
t.,:,,',/
~;<" \~':~;';~'t~'\/~'.;~I,'.\<.~):/,\-,:;/,,: >,' . ~ ',. 'I.i' I. >,
'! ~ L
/ .'
, '..
/ ",~;, ,,~,~::'4:~~;' ;~;j'~~ - ~.('t.'.~ I
~'/ ..;.:. /\'/ ~.,,.'~:~,.:' \/. '/:-.
1,.- ..' "1.,_.'.1 '. ~..
2009 / 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
Business Name: BENDER a ASSOCIATES ARCHITECTS PA
RECEIPT# 46110-63601
OWner Name: BERT BENDER
Mailing Address:410 ANGElA ST
KEY WEST, FL 33040
Room.
Business Locatfon: 410 ANGElA ST
KEY WEST, Fl 33040
Business Phone: 305-296-1347
Business Type: PROFESSIONALS
(ARCHITECT #AROOI1082)
Seats Employ... MilCh'.. Stan.
STATE UCENS': AROO11082 EX 2/09
For Vending Business Only
V dIn 'f
Prior Years Collection Cost
0.00
PAI~-117-a4-aa00374' a4/a~/200' 30.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN VnlJD Df .Ar~ n~ B"~""",__
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 19 May 2010
Division: County Administration
Bulk Item: Yes -1L No
Department:
Proiect Management
Staff Contact Person/Phone #: Wilson x8797
AGENDA ITEM WORDING: Approval of the Consent To Assignment of the contract for
"Maintenance and Annual Reporting of the Environmental Wetland Mitigation at the Medical
Examiner's Facility" from BAT Construction Inc. to Terramar Environmental Services, Inc.
ITEM BACKGROUND: The County contracted with BAT Construction to perform five (5) years of
annual maintenance and reporting as required by the SFWMD and USACOE permits to construct the
Medical Examiner's office of Crawl Key. The contract provides for such assignment with the County's
permission. The first year of monitoring was completed satisfactorily by Terramar, the subcontractor
who will now become the contractor. The original contractor can no longer perform the contract.
PREVIOUS RELEVANT BOCC ACTION: The initial contract with BAT Construction for the
maintenance and monitoring was approved by the BOCC at its 18 June 2008 regular meeting
CONTRACT/AGREEMENT CHANGES: There are no changes to the agreement except the
responsible parties.
STAFF RECOMMENDATIONS: Staff recommends approval of the contract assignment.
TOTAL COST: $22.000 INDIRECT COST: NONE
BUDGETED: Yes XNo
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $5.500 peryr for 4 years SOURCE OF FUNDS: Fund 304
REVENUE PRODUCING: Yes ~ X AMOUNT PER MONTH_
APPROVED BY: County Arty _ ~ChaSing _ Risk Management
DOCUMENTATION: Included X NotRequired~
Year
DISPOSITION:
AGENDA ITEM #
Revised 7/09
!
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Terramar Environmental Contract #_
Effective Date: 05/19/10
Expiration Date:
Contract Purpose/Description:
Assignment of contract from BAT Construction Inc. for the Maintenance and Annual
Reporting of the Environmental Wetlands at the Medical Examiners Facility
Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 05/19/10 Agenda Deadline: 05/04/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 22,000
Budgeted? Y es~ No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 5,500
22007-530340- -_-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $----1yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Comments:
Date Out
Changes
Date In Needed
Division Director ,5;/2 -I) YesO No
Risk Management b:JQjO
o .M.B./Purchasing ~ -"I 0 ",{ 0 Y esO No
County Attorney !!J \"0\ \b YesO No
OMB Form Revised 2/27/01 MCP #2
MONROE COUNIY
PROJECI'MANAGEMENf DEPARfMENT
MEMORANDUM
DATE: 27 April 2010
TO: Jerry Barnett
FROM: Kevin Wilson ~~
SUBJECT: Assignment of Medical Examiner Office Mitigation Reporting Contract
Action recommended: Approve assignment of the remainder of the BAT Construction contract
for permit reporting to Terramar Environmental Services.
Basis for Recommendation:
1. Terramar was the subcontractor for the installation of the mitigation planting, prepared the
"time zero" report, and has been actuallv doina the reDortina for BAT Construction.
2. Terramar has met every requirement to date and is intimatelY familiar with the reporting and
the regulatory reauirements of the project.
3. The oriainal contract was comDetitivelv bid with Terramar Environmental as the reporting
subcontractor.
4. The total remainina cost of the contract to be assigned is below the DubUc bid reauirement
threshold.
Backaround:
The original contract for the mitigation work included the five year reporting. After selection of
the successful bidder, the reporting work was structured, with BOCC approval, as a separate
contract. The general contractor successfully completed the initial work, using T erramar as a
subcontractor, on time without cost increases. The initial and first annual reports were prepared
for the County by Terramar and submitted to SFWMD and USACOE. The general contractor,
BAT Construction, advised during early April, that it was closing its operations and requested
that the remainder of the reporting contract be assigned to Terramar as provided in paragraph
10 of the contract. That remainder totals $22,000.
~Ot~qtL~i~ ii;~O
.:l~OqO.:lO(~(
t""l"<:U,JI:.L. 1 1"1I.:l1"1I'11 IYII:.I'I\.:IL.L.
CONSENT TO ASSIGNMENT OF THE CQN'fRACT
BE'lWEEN MONROE COUNTY ~ BAT. CONSTRUCTION. INC.
TO TERRAMAR ENVIRONMENTAL SERVICE& INC.
ANRACCEPTANCE OF THE CONTRACI' WITH MONR,OE COUNTY
BY ~ ENVIRONMENTAL SEJ:tVlCES.INC.
This Consent to Assignment and acceptance of the rights and duties under the contract is
entered into this __ day of ..... .2010, by and between Monroe County, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street. Key
West, Florida 33040 ("COUNTY"). and RA.T. CONSTRUCTION, INC. (B.A.T.), and
TERRAMARENVlRONMENTAL SERVICES. INC. (l'BRRAMAR), the parties
agreeing as follows:
WHEREAS, Monroe County entered into a oontract with B.A. T. Construction, Inc. on
November 19, 2008, to complete a five year moni1Oring program to perfonn the
Maintenance and Annual Reporting of the Environmental Wetland Mitigation at the
Medical Examiner's Building; and
WHEREAS, wi1h B.A. T. Construction, Inc. has given COUNTY notice 1hat it is unable
to complete the contract that it has with COUNTY; and
WHEREAS, TBRRAMAR has served as a subcontractor on the job for B.A T. at the
Medical &.aminer's Office for approximately one year, during which time TERRAMAR
has accomplished for RA.T. its duties under the contract with COUNTY and prepared
the reporting documents for B.A. T.; and
~ TERRAMAR is completely familiar with the project and the reporting
requil:iOO1ents for the COUNTY;. and .
.'
!
WHEREAS, the value of the remainder of the contract is $22,000.00, which is under the
amoUnt which acc:onting to COUNTY purchasing policy would require competitive
bidding; and :
WHEREAS, COUNTY believes that it is :in the best interest of the public 1hat
TERRAMAR continue working at the Medical Examiner's Building and for
TER.RAMAR to accept 1he responsibilities ofB-A T- under the contract. it is
NOW TIIEREFO~ in consideration for the mutual agreements and covenants between
the parties. COUNTY, B.A T. and TERRAMAR hereby agree as follows:
1. B.A T, hereby agrees to the assigmnent of its November 19, 2008 oontract
with COUNTY in its entirety to TERRAMAR along with all payments for
2010 and subsequent years to the end ofilia contract.
Page 1 of3
t""H\::It:. ~Lt~q
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,:j~O~O,:jO{::l{
~~UJ~vl MoMNI M~Novv
2. B.A.T. acknowledges and agrees that it has been compensated in full for all
work done by it to date of this agreement and does hereby releases COUNTY
of any and all responsibility for further compensation under the contract.
3. B.AT agrees that by executing this assignment it hereby assigns all of
B.AT.'s rights, title and interest in 1he original agreement dated November
19,2008 to TERRAMAR..
4. In consideration for such assignment, 1ERRAMAR agrees to be bound by all
the terms and conditions of 1he original agreement, which is attached hereto as
"Composite Exhibit A."
5. T.ERRAMAR agrees to pro1iide as '~Composite Embit B" 1'0 this agreement
copies of all documents required by the COUNTY under the original
agreement, including but not limited to verification of insurance.
REMAINDER OF uns PAGE LEFI' INTENTIONALLY BLANK
SIQNA:ruREPAGE ONLY TO FOLWW
Page2of3
~Ao~ t:J,j{t:J'I
~Df~qfL~l~ ll:~~
;j~DqD;j~(':J(
~~UJECT MGMNT MENGCC
PAGE 04/04
lNWlTNESS WHEREOF COUN1Y~ B,A T. and TERRAMAR.herem have executed
this Consent to Assignment of Contract and A(;ceptance of the Contract with Monroe
Coutrly on the day and date fust written above in four (4) counteIp4Uts, each of which
shall, without proof or accounting for the other counterpans. be deemed an original
contract.
\V~1eM fot B.t).'l. C~OIl, Ille.:
1. \~ ~'"f-~
Sigpature of lmess ('\.
PrintNmne:\or"o'-1q. '-o~+c:,l\
DrY~D
~Cr~~L1'\~~
=;~~;~~~<?\~~~
STAlE OJ! l"LORIDA
COUNTY OFMQNROE
Sw~ to (or ~ and subseribed before:r.ne thi& ~ day of (llQ....( . 20l<1 by
~h, \rlp- Pi. pr Qg) 1':'-\ ~ ,onbebalt'ofB.A.T.Conattuction.In.c.,wboispersonaUy
known tQ n:\fl or ~ed 1he fo . identification r(.-DL-. ....._
::..-;W':W"rtr-:. AsliiEY A ROBINSON
~*il:;*E MY COMMISSION # D085248
-:'~to;'~~' EXPIRES October 21, 2011
l'fI"
ii 4 . 1 FloridaNotaryService.com
Attest:
Danny L. Kolhage~ Clerk
By:
Deputy CJetk
Date;
Board Qf County Commissioners
OfMon.roe County
By:
Mayor Sylria Mmphy
Date:
'1.~~",1:(.}" F $
Signature Authorized C t
PrintNattle: P H/IA.. (p ,f3gf4BLt tv ",.
Date; f M R "'f l"d
Address: 3(7 WI: 13L.roe w ~"f:'1?1
us,,~ Fi.- 'J.7'ZC'
Telephone Number: ;5. ,t; . 70/ 7- 3 OG'J.
STATE OF FLOlUDA
COUNTYOFMONROB /~
afYf ~ aDd subscribcld before m" this ~&fy of _ .
- .oo~~T~
known to J:Qe or produced the fuUowing identificati ~
:';\];::OE COUNTY' A'fTC;.:.:: .'
A& ROVED AS T ~
NA ILEENE W. C,t\S:;3E:L
,SS/STP,NT COUNTY ATTar: E.Y
r','~ ~-lO ~ In
'--}~.~C:. _. -\.e!...-_"'o-b_+'_'_~.~~_'_~'""""o,_,.~
NON-COLLUSION AFFIDAVIT
I, fl/I'/J I). f;-l9,.J I",
5t/f";,./"I'T,c /C~
of perjury, depose and say that;
1.) I am r~~~In/J~ b;t/. 5'/L$-" the bidder making the Proposal for the
project described as follows: .
2.)
3.)
4.)
5.)
STATE OF
COUNTY OF
, of the city of _
according to law on my oath, and under penalty
the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contracts for said proiecto/fl V-
(Signature of Bidder)
S-/t//c
/DAtE
=fl O(l..1 () A
(Y] 0 f>.Jf2- nL
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
rhi) ~~Jt.. who, after first being sworn by me,
(mime of individual signing)
affix~er signature in the space provided above on this r; 't't- day of ~
-
20 JIUl!IIIN~1IIPUlI8.
null GO '.1111111I3
.&OC~u:. lilt.... rIJ II r fl. ~'" .
.......... . ..... ....
. ...w. .
\
------
.-
N
ANN.......
i -., PuIlIc. ... " ,.....
.- "'Cam~ .11..........."..,
-:~, DO 7t77U
....._~......~
My Commission Expires:
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
r~/19A1,9f' ,6; tI. ~cI 'Cb..$
.f(,~
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.
Date:
/{.#~
( signature)
~/61 /0
f ,
STATE OF
'FJ-oR.lOA-
fVl O{\.J Q 0 L
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
rpk< .1
fM~~
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this
t::,:5,. day of
,20/0.
"
My commission expires:
OMB - MCP FORM #4
. .......
...... .... . .."
· · .,r- . r ........=:--..
. . (wI '~_La "e -
.....~. .-...
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
/~/'qP7,;:J1Z- E,Jv'jr .p/1A?~/?9( ~/v/~..s. ,/'1~
(Name of Business) /
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
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.
&1/
Bidder's Signature
b/b/2b/O
I>ate ",. I'
OMB - MCP#5
1996 Edition
MONROE COUNTY, FLORIDA
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:
Terramar Environmental Services, inc.
Contract for:
Environmental Wetlands Mitiaation. Medical Examiner's Facilitv.
MM 56.5. Crawl Kev. Monroe County. Florida
Address of Contractor:
1241 Crane Boulevard
Suoarloaf Kev. Florida 33042
Phone:
305-393-4200
Scope of Work:
Conduct annual wetlands mitioation area monitorino over the required five
year period December 2009 - December 2013.
Reason for Waiver:
State of Florida Workmans Comp Insurance
Terramar is a two-person company, non-construction. and is exempt
Policies Waiver
will apply to:
State of Florida Workmans Comp Insurance ReQulations
Signature of Contractor:
If/Jr-
~ j" /Z.OII7
,
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
Administrative Instruction
#4709.3
WAIV _REQ.DOC
~
ACORD@
~
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDNYYY)
4/28/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
. ClERTIFICA TE DOES NOT AMEND, EXTEND OR
THE COV RAGE AFFORDED BY THE POLICIES ,BELOW.
PRODUCER (305) 743-0494 FAX: (305) 743-0582
Keys Insurance Services, Inc.
5800 Overseas Hwy #43
P.O. Box 500280
Marathon
RE
NAIC#
FL
33050-0280
INSURED
Terrarnar Environmental Services, In
1241 Crane Blvd.
MAY
SugarloBrf Key
COVERAGES
FL 33042
INSURER c:
MONR fiN@O!:Jf;!ii'O
RISK M ~ ~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~o.,~~ POLICY NUMBER &.t?f~~~~;66~\ ~2~\fiM~~b~~ LIMITS
LTR I
I ~NERAL LIABILITY I I EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENE~IABILlTY i ~~~~~l9E~~~~~?ence\ $ _100,000
A X ' "I CLAIMS MADE W OCCUR 535B018268 3/23/2010 3/23/2011 MED EXP (Anyone person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
- GENERAL AGGREGATE $ 2,000,000
~'L AGGREAE LIMIT APFI~t PER: PRODUCTS - COMP/OP AGG $ Included
X POLICY ~bW,: LOC 1
50MOBILE LIABILITY COMBINED SINGLE LIMIT
$
ANY AUTO (Ea accidenl)
~ ACC 0_'''"'0' BODILY INJURY
I $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
r~ NON-OWNED AUTOS I (Per accident) $
~~ I PROPERTY DAMAGE $
(Per accident)
1 I i
HRAGE LIABILITY I AUTO ONLY - EA ACCIDENT $
ANY AUTO I (\ OTHER THAN EA ACC $
! ! AUTO ONLY: AGG $
~ESS/ UMBRELLA LIABILITY 'f{)~" )~ EACH OCCURRENCE $
e-J OCCUR D CLAIMS MADE AGGREGATE $
~ ~~~(D 1$
R DEDUCTIBLE $
RETENTION $ '{ $
WORKERS COMPENSATION ! i ~~If}.Ws I IOTH-
AND EMPLOYERS' LIABILiTY Y / N I I E.L. EACH ACCIDENT I ER I
ANY PROPRIETOR/PARTNER/EXECUTIVE D I $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
(Mandatory in NH) I
If yes, describe under I E.L. DISEASE - POLICY LIMIT
SPECIAL PROVISIONS below $
B I OTHER Professional rPLEOOO37800 4/16/2010 4/16/2011 I
1$1,000,000
I Liability I 1
i I
1 I
DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
CERTIFICATE HOLDER
(305)295-3179
Monroe County
1100 Simonton
Key West, FL
CANCELLATION
ACORD 25 (2009/01)
INS025 (200901)
@ 1988-2009 ACORD CORPORA
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OFTHEABOVE DESCRIBED POLlC CANCELLED BEFORE THE EXPIRATION
ENDE VOR TO MAIL ~ DAYS WRITTEN
Board of County Comrnssioner
Street
33040
IMPOSE NO OBLIGATION 0
REPRESENTATIVES.
AUTHORIZED REPRESENTATI
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served,
~
ACORblSJ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY)
\,.....---". 04/29/10
PRODUCER THIS CERTIFICATE IS IssueD AS A MATTER OF INFORMATION
Mark Waldorff Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4004 NW 13th 8T ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Gainesville, FL 32609
352-371-2204 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Allstate Insurance Companv
Philip Frank INSURER B:
dba Terramar Environmental Services, Inc. INSURER C:
1241 Crane Blvd. INSURER D:
Sugarloa~ Key, FL 33042 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION 01= 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:
INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EX:;~ LIMITS
ITR \N!<RC, D
GENERAL LIABILITY EACH OCCURRENCE $
r-- ~~~~~U9E~~cJ~~nce\
COMMERCIAL GENERAL LIABILITY $
r-- :J CLAIMS MADE 0 OCCUR
c--- MED EXP (Anyone person) $ .---...----
- PERSONAL & ADV INJURY $ --_.~-------_. ...
GENERAL AGGREGATE $ u_.____._
-
~'L AGG~nE LIMIT APFlS PER: PRODUCTS - COMP/OP AGG $
POLICY ~~Wr LOC
I ~TOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
ANY AUTO 048934223 04/04/201 0 04/04/2011 (Ea accident)
~-
rx ALL OWNED AUTOS BODILY INJURY
A A (Per person) $
SCHEDULED AUTOS
"X HIRED AUTOS BODILY INJURY
X (Per accident) $
~ NON-OWNED AUTOS
- ,l PROPERTY DAMAGE $
. (Per acddenl)
~AGEtlABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
==j DEDUCTIBLE $
RETENTION $
WORKERS COMPENSATION WC STATU-, I IOJ~-
AND EMPLOYERS' LIABILITY Y/N ,-
ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ -------------------
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
Monroe County
1100 Simonton ST
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIl.L ENDEAVOR TO MAIl. ~'DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUT~~Ez;JATIVE
@ 1988-2009 ORD CORPORATION. All rights reserved.
The ACORD name and logo are' registered marks of ACORD
ACORD 25 (2009/01)
RAT Constnlction GrouP-il~C.
305-296-6619 PH.
305-296-9094 FX
ContI actor's License No CGC 1.517356
127 Industrial Road, Suite E
Big Pine Key, F10Jida 33043
April 12, 2010
EmaiJ: WiJson-Kevin@MoDl'OeCounty-FJ.gov
Mom-oe Comity Engineering/FaciIities Development
1100 Simonton Street
Room 2-216
Key West, Florida 33040
Attention: Kevin Wilson - Mom'Oe County Project management Dept
Re: Medical Examiner"s Mitigation - 5 year Maintenance and Monitoring ContI act
Dear Mr Wilson:
Please be advised that due to circumstances beyond ow' connol, BAT Construction will not be able to
perform services relating to the Medical Examiner's Onsite Wetland Mitigation Area Monitaring and
Maintenance Plan S/26rr65S/R33E/FI- MM 56.5, Crawl Key, Mom'Oe County, Florida dated November
19,2008
Our subcontractor fm this project was T enamm Environmental Services, Inc.. 1241 Crane Bouleval d,
SugarloafKey, Florida 33042. Phane No. 305-393-4200, Fax No 305-745-1192, Email address-
tenamar@bellsouth.net.. MI Phil Frank has aheady completed one yem manitoring and reporting.
We request that the remaining contract be assigned to T enamar Environmental Services, Inc
We appreciate the opportunity and apologize far any inconvenience::
Sincezely,
;0~6--
BA I Consnuction Group, LLC
Managing Member'
del
CONTRACT
@)
THIS AGREEMENT. made and entered into this 19th day of November, 2008, by and
between the COUNTY OF MONROE, ("Owner"), and B.A.T. CONSTRUCTION, INC.,
("Contractor''), for a five year monitoring period to perform the Maintenance and Annual
Reporting of the Environmental Wetland Mitigation at the Medical Examiner's Facility.
That the parties hereto, for the consideration hereinafter set forth, mutually agree as
follow:
I. THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a
part, consists of the contract documents, as speci~ed in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the South Florida Water
Management District Pennit #44-00326-P, the Onsite Wetland Mitigation Area
Monitoring and Maintenance Plan, see "Exhibit An, all change orders, any other
amendments hereto executed by the parties hereafter, and all required insurance
documentation.
J. SCOPE OF THE WORK
Maintenance and monitoring of the wetland mitigation areas will begin at the
Time Zero Mitigation Monitoring Report and continue for a period of five years.
The Contractor (pennittee) will conduct the monitoring for five years as required
by the penn it and maintain the mitigation area. Monitoring reports will be
submitted to SFWMD and the Corps, and Monroe County Facilities Development
arulUally. Success criteria will be measured by percent cover of wetland plants
within the mitigation area over the five year monitoring period as follows:
30% cover by the end of the 151 monitoring year
50% cover by the end of the 2nd year
80% cover by the end of the Jrd year
And maintained thereafter for the duration of the monitoring period.
The wetland mitigation areas will be monitored quarterly for planting success,
amount of desirable wetland plant recruitment, wildlife utilization, exotic (as
listed by the Exotic Pest Plant Council (EPPC) and undesirable vegetation
encroaclunent and physiochemical conditions. In addition, the wetland mitigation
area staff gauges will be read on a monthly basis.
The staff gauges will be installed according to the attached pennit sketches and
read on a monthly basis. This data will be part of the annual monitoring reports.
In addition to staff gauge readings, all field evaluations will include the review
and identification of indirect indicators of hydrology. Pedestrian transects will be
conducted during all quarterly site evaluations. Each annual monitoring event
will include photographic documentation of existing conditions in the wetland
mitigation area. The field transects, staff gauges, wildlife utilization and
photographic reference points will be monitored and maintained throughout the
five year monitoring and maintenance period.
The results of the annual field evaluations will assist in identifying the progressive
condition of the mitigation area and the impact of the hydrologic improvements
resulting from the project. All monitoring event data wiJI be utilized by
maintenance crews as necessary to provide the most effective treatment of
undesirable vegetation should invasion occur. This will ensure that the
undesirable vegetation will be controlled prior to establishment and seed set.
Further. the results of the annual monitoring events and the resulting treatment
procedures will be included in the mitigation area monitoring reports. which will
be provided to SFWMD and the Corps.
Every effort will be taken to maintain zero percent coverage of exotic/nuisance
plant species. Exotic plant species are those currently defined by the Florida
EPPC. At no time shall the coverage of the undesirable plant species exceed two
percent (2%) of the total vegetative coverage in the mitigation and preservation
areas. Plants will be removed or killed in-place, depending upon which technique
will result in greater protection to the wetland and produce the most desirable
system-wide wetland benefit.
Maintenance will be implemented as part of the long-tenn maintenance plan.
This maintenance will help ensure that the conservation easement over the onsite
mitigation and preservation areas will be maintained free from invasive exotic
vegetation and nuisance plants according to the previously described criteria.
4. THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said
service a total fee of$27,500.00.
The Contractor shall invoice the County annually for maintenance services, for
five consecutive years at $5,500.00 per year.
S. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the site and has
made investigations to fully satisfy himself that such site is correct and a suitable
one for this work and he assumes full responsibility therefore. The provisions of
the Contract shan control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances, conditions, or situations shall this Contract
be more strongly construed against the Owner than against the Contractor.
B. The passing. approval, and/or acceptance by the Owner of any of the maintenance
services furnished by the Contractor shall not operate as a waiver by the Owner of
strict compliance with the terms of this Contract. and specifications covering the
services. Failure on the part of the Contractor, immediately after Notice to
Correct shall entitle the Owner, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who shall
2
in any event be jointly and severally liable to the Owner for all damage, loss, and
expense caused to the Owner by reason of the Contractor's breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and with
the specifications.
6. TERM OF CONTRACTfRENEW AL
A. This contract shall be for five consecutive years commencing at the Time Zero,
the final completion of the construction and creation of environmental wetlands,
at the newly constructed Medical Examiner's Facility.
7. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned
by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in cOMection with, or by reason of services
provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned
by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the COWlty from any and all
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the contractor or any of hislher employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
9. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is
not job related. in its recruiting. hiring, promoting. tenninating, or any other area
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affecting employment under this agreement or with the provision of services or
goods under this agreement.
10. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and Contractor, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract
and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon the board in addition to
the total agreed-upon price of the services/goods of the contractor.
It. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall
abide by all statutes, ordinances, rules and regulation pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
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.
12. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the
minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person; $300,000 per Occurrence; and $50,000 Property
Damage.
An Occurrence Form policy is preferred. If coverage is provided on a
Claims Made Policy, its provisions should include coverage for claims tiled
on or after the effective date of this contract. In addition, the period for which
4
claims may be reported should extend for a minimum of twelve months
following the acceptance of work by the County.
,J-10NROE COUNTY BOARD OF COUNTY COMWISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
S. Vehicle Liability - include as a minimum:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person; $100,000 per Occurrence; and $25,000 Property
Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MUST BE NAMED AS ADDITIONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain
a minimum rating of A-VI, as assigned by the A.M. Best Company.
((the Contractor has been approved by Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's
status. The Contractor may be required to submit a Letter of Authorization
issued by the Department of Labor and Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the contractor may be required to
submit updated financial statements from the fund upon request from the
County.
13. FUNDING A V AILABILlTY
In the event that funds from Facilities Development are partially reduced or
cannot be obtained or cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be
terminated immediately at the option of the Board of County Commissioners by
written notice oftennination delivered in person or be mail to the contractor. The
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Board shall not be obligated to pay for any services provided by the contractor
after the contractor has received written notice of termination.
14. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance
of the activities encompassed by the project herein described, subject to the terms.
and conditions set forth in these contract documents The provider shall at all
times exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding by the Owner is
contingent upon retention of appropriate local, state, and/or federal certification
and/or licensure of contractor.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage prepaid, to the other party by certified mail.
returned receipt requested, to the following;
FOR COUNTY
Monroe County Facilities Development
1100 Simonton Street Rm 2-216
Key West, FL 33040
FOR CONTRACTOR
B.A.T. Construction, Inc.
127 Industrial Road, Suite E
Big Pine Key, FL 33043
16. CANCELLATION
A) In the event that the contractor 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 Contractor.
B) Either of the parties hereto may cancel this agreement without cause by
giving the other party sixty (60) days written notice of its intention to do
so.
11. GOVERNING LAWS
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and contractor
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
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The County and Contractor agree that, in the event of conflicting interpretation of
the teoos 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.
18. RECORDKEEPING
Contractor 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 each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the tennination of this Agreement.
If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for 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.
19. 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 term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining tenns, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and 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.
20. A TfORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shaJJ be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
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21. BINDING EFFECT
The terms, covenants, conditions. and provisions of tltis Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
22. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
perfonnance of this Agreement have been duly authorized by all necessary
County and corporate 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 federaJ 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.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shalJ have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida
law.
25. COOPERATION
(n the event any administrative or legal proceeding is instituted against either
party relating to the fonnation, execution, perfonnance, 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.
26. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a detennination by a court of
competent jurisdiction that discrimination has occurred. this Agreement
automatically tenninates 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
8
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 S5. 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 ofhandicap5; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Dmg Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on
the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age.
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
perfonnance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
28. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statues, regarding, but not
limited to. solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
29. NO SOLICITATION/PAYMENT
The County and Contractor warrant that, in respect to itself. it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation. individual, or finn, other than a
bona tide employee working solely for it. any tee, commission. percentage, gift,
9
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.
30. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119. Florida Statues, and
made or received by the County and Contractor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
31. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statues, the participation
of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into
by the County be required to contain any provision for waiver.
32. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers agents or employees of
any of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such
functions and duties of such officers agents, volunteers, or employees outside the
territorillllimits of the County.
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely perfonnance thereof by and participating entity, in
which case the perfonnance 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 pennilted by the Florida constitution, state
statute, and case law.
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34. NON-RELlA..~CE BY NON-PARTIES
No person or entity shall be entitled to rely upon the tenns, or any of them, of the
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to infonn, 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.
35. A TrEST A TIONS
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.
36. NO PERSONAL LIABILITY
No covenant or agreement contained herein shaH 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 ofthis Agreement.
37. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any nwnber of counterparts, each of which shall
be regarded as an original, aU of which taken together shall constitute one and the
same instrument any of the parties hereto may execute this Agreement by signing
any such counterpart.
38. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of the
Agreement.
11
39. CONTINGENCY ST A TE"IENT
Monroe County's perfonnance and obligation to pay und~r this contract is contingent
upon an annual appropriation by the Monroe County Board of County
Commissioners.
Date:
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CONTRACTOR
B.A.T. CONSTRUCTION, INC.
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
GAT~1I-r< Jof'Cn
warrants that helit has not employed. retained
or othcJWise had act on his/its behalf any fonner 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 fuU amount of any fee,
commission, percentage. gift, or consideration paid to the fonner County officer or employee.
Ph~~~
, (signature)
Date: lok3110 <6-
, I
STATE OF FIeri" dA
COUNTY OF ~Qr\ ro.l../
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after fllSt being sworn by me. affixed his/her
signature (name of individual signing) in the space provided above on this @1. day of
C)
N?!.~ PUBUC~TATE OF FLORIDA
l.W"" Deldre Lewis
\~ sCo~mjssjoD IDD709218
.".........~ ExplJ'es: NOV. 19, 2011
BONDKD TlflIlJ A1'LAImc BONDING ca,lNc.
My commission expires: Nov I 9 J ~ { I
OMB - MCP FORM #4
13
PUBUC 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 perfonn 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. "
14
DRUG-FREE \VORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~
~~T C'$:rtrU~' Or)
(Name 0 uSUless)
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. Infonn employees about the dangers of drug abuse in the workplace. the business's policy of
maintaining a drug-wee 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 eacb 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 ofworkiug 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.
.
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MONROE COUNTY MEDICAL ~M/NERS OFFICE
, , CRAWL KEY
, Onsite Wef/.and Mitigation p'/an
lbe wedaad mitigatioa pIaa for the Monroe COWIt)' Medical ElClIIDiners Office iDcludes the creatioa of a 0.43 am: mangrove
wetland. An exisliD, uplallcl area adjaceot to 1he existing wetland W~l will be sc:raped down to 0.1' NOVO to be tied iuro this
existing wetJaDd. The proposed elevatioa is OS lower thaa the average ex.isdDg elevation iD waIand W-l to cnhaDce hydrology in
this imtnedi:ote waIaDd area. .
Tho wc:daDd mmpdoD wiD be iaitiated withia 90 days aftew iSSlWlCC of aU of the acccsSU)' permits. The specific midgatioa
scqaeace for the 0DSiIe IIl1la wiD coosist of tilt removal or exodc:s (malaIy AusaraUaa piDe. OurIarina efllll#tIfo/la) w:ithiIl the
upIaod area lIItiaccDt to wetIaDd. W-1. The upIaIId will dICIt be a:rlIplId down Baal 3flIIl'OlIimatdy 5.0' NOVO to the proposed
IJI8II8RIVC aUdptioa eIcv.Woa at 0.7' NOVO. AU ".......... ddlriI. exodc vcsctadoa. 8Dd UIIIISlIbIe excavated mattriaJ \'riU be
l'eIIIIOWd aod c:Iispo&ed of ia ..1JIIIAMd 1IIlUIIICI'. SuitaIIIo saltwater msrsII YCFfaDoo \IriD lie iDsufJed foUowiag permittias ageocy
erinr of tile m&d wed8Dd lIRilL ,
Tho BaseliDe Mitiptioa Ala Mo~ RqIod will be coadactcd befOle IIeJ:Umiq miti...... work aDlI will lie provided to
SfWMD aod die Corp& S. \'isifa will be initiated willa SFWMD aDd Corps &1aff duriug the JI'lIIiIII phase of the project so that
.... filial dcsiga ~, IIIlly lie djSCl~ iD dae ftcI4.
11Ie wetJaad midgadoa ~ etforta will bepa daIiD& MaIda 2004 widathe muoval of exodca and saapm., down of the uplaDd
adjacmt 10 MdaolI W-I. FoIJcnriD, compledoD f1l die waJaad mi1ipdga ilia eartInwW. aa aMuiIt IWVq of the cuea will be
~,.., aorI nMcwed rOl"~ witJa !be mit~ pia Fidd cnIuadaaI will lie mpatecl60lII SP\\IMD aDd IlIe CorpI. (,..
FoUowiaa tIJe fteId e\'lIIuad.. lIIIlI c:ouflnrJdIa IhIt ... wcdaad lllidpdaa area fa /It pqIccfed eIevadoaI. die oaaite mitigatiOll "--
-- wiD be pIaatcd 8CiCIllIdfac to tile Wedaad MidpdoG Ara ...... PIIa,. see aaached pIIa.
}A<lint.....~ and IIIIOIIiUIriq of the wetIaDd mitiplioa __ will begha aI the 11me Zero Mitipdoa MoaitoriDs Report aDd
alOdnue for a period offiw yeas. The pennittIIe IriD ooJJduct tile moaitoriDs Ii:Ir five ran . required by the permit and tmllin'piQ
the miJip60a area iD JICt~l' ~ reports will be submitted to SFWMD aad die C<<ps lIIIIIlIaIIr.
S.cx:ea c;riCcria 1riIl be lIIelISlRd by pen:eat ClOreI' at wedaad IllafIMI:hia die lllidgada .. CMI' die , year mooiform, ~ II
(oUoM: 30% cover by die cad olthe l-lIIOIIifori.as J&*. 50% c:ow:r by the cad of tile 2" year aDd 80% by tile ead atllle J" year
and """...~ tbaeaftcr Iiw dle duatioa ofdle IIIOIIitorioI period.
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MONROE COUNTY' MEDiC'-'L EXAMINERS OFFICE
CRAWL KEY
OIJ$/te .W_.tJa1Jd'Mltlgatlon A,.M~ii~dng. and.Ma.1r;ten'nce Plan
The waIBd .miIi.... .. ~ CYa1111riJI bePt . die TillIe Zao ewaI and CIllGIiDIe tW. period at ftve years. The
waIaad 1IIiti,pao. areas 1riD be IDlJlIitoRd ~ for pIabIa IIICll:l*,. amauIIt at............ wcd-.I plait I..c.ui~ 1ViIdIiI=
toft.......... aocic <_ .... by die BlWCic Pat JIll.- CoaciI lIJIIPCD .. .-~.,... ~ '*"'~ ""'~<< ... pIaysio-
~...... iI~ ID ~ die ......lIIiIi... _1tIJIf........ be... o.alllOlldllJ....
The fbtIf J3DF1wiIl be iIIIfaIed ~~ to Ibe...... permit ***'... &ad... .......,.... TbiI daD wiU be)lllt f1l
die a-..IlBOtIiIolli4Rpld& III addiIiaa ID a/C............ . .......~ wiD..... die nMew'" ~ of
WiIect ~... 01 h.1dI~. ~.. 11-* will be a-f- ~ .... . qIIIIItIdy .. C9II~ EIda ___
DI06ib.. eftS 1riII iDdlIdo ""*-'~ .1(] '~Lw 01 aiItias .~~. ill die..... ..Iif~&~:'... _ ne ftdd
.. ............ 1riIdIiIJ -~ ............... ..._ poiaD wiD lie ~..... ........1< ...................
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1"-.... oldie __ ...C'r""----..... ill ~...,..,.~ ........io... 01..._....... _Ibe iIIpKt
of Ibe h.J4~ ....~ ~ ...... ... die JIRieIct. AD -.... __... will lie uIiIia:d by - . . IX' CIW1I .
__I to JIIUrilID die ..... dIx:tM ~......~ at....,. .I.~ l'''~aduII ...... ..... OQ:W. TlIiI will e-. lhllI die
---.... ..~ ~....;.,.. will be ........., prior ID -.....1...-.. ... ..... PIadIer. die ...... of.... ---1IIOGUiat CMIIIlJ
.... die -.., ..~ ~ wiD lie ..... .. die 1'IIitf....... ....... j,. ~ wIdc:Il will be JIAMcW eo
SPWl4D......- eon..
.o.au.c die CIDIIIII1Ir:CiO.... oldie -.... a"~ - pm at.. ~ .......- ci'dIe dpdoll8lal,. t:riff:q c:fI"Gd
wiD be ... to ... zao pacaIt conntp ot~.......... Emdc................ aanarJy......,.
die FIarida EPPC. At _........1Ie 'IN'f-,, at... ........~ ,....... mrceaI two pcRlaIt (2%) atlfle tGflh'. _;I.di_
-~. die oniti:ptio............ __ ,... will............... ~.-Iet- -'lIpIII wIIidl ~ triJl
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.,.,...... .-.... -""'" will be iqJo- ~<<d.", 111... ... L_ ..... ...... 'q...... ..,. ......A...&. . ... willIeIp ~ dill...
. ..-...... J -CMI'dleOlllill~"~_wiIIlle--"" ,.....a-a... ~arGtic~...
- . ~..... ~ to die pmiDllllJ....iW crifailiD ~"'''~1'' .
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SOUTH FLORIDA WATER MAHAGEM~NT DiSTRICT
E~RONMENTALRESOURCE
STANDARD. GENERAL PERMIT NO, 44~326-P
DATE ISSUED: August 11, 2004
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Fonn #094 t
08195
PERMITTEE: MONRoe COUNTY
1100 SIMONTON STREET
KEY WEST, Fl 33040
PROJECT DESCRIPTION: Conslructlon and operation of a surface water management system to SeNe a 2.62
acre project known as the Monroe County Medicat Examiners Facility.
PROJECT LOCATION: MONROE COUNTY, SEe 26,35 TWP 65S RGE 33E
PERMIT DURATION: See Special Condition No:1. See attached Rule 4OE-4.321, Florida Administrative
Code,
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Tills II to nolIfy)'DU oIlhe Of9llfd's a~ adIon 00IlCIef11ing NoIIce of fnlent Jar PenniI ~Ijon No. 030611-12. dated June 11. 2003.
This aclIon is IaIcen pursuant toRula 4OE-t.603 and 0lapIw 4OE-40, FTorida Mninislrallw Code (F.A.C.).
Based on the Inlormalon pmWfed. '0Islricl1Ufes have been adhenId b and an Ern,~..~.1aI Reaoufl:e GeneIaI Permit is in elfec:l for !his
project subject 10:
1. Not recaMng a tiled reqaaI far. Olap""20, Fblda S...... admi.lbalallve hearing..
2. !he allad1ed 19 GenlNal CondItIons (See Paoe.: 2 - .. ~ 7 ,. and
3. the atlad1ed 25 Special COndIlIons (S.. PagelS: 5 - 7 of 7 )
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3301 Gun Club Road, West Palm 8each. Florida 3:H06 . (561) w..aaoo . FL WAlS 1-801).oI32-2lNS . TOO (561) fI11-'1514
MaiIins ~ P.O. So. 2~ West PalIn Bradt, R.1'Ul~ . ~.gov
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Envirormental Resom:e Regulation
Appllcellon Mo.: 05CJ4()8.8
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June 15, 2005
MONROE COUN1'YMEDICAl. EXAMINERS OFFICE
1100 SIMONTON STREET
KEY WEST, FL 33040
Dear Permittee: .
SUBJECT: km.rNO.:~ J
~. :.. 'MC5frAOEc<Hfa>ICAl EXAMINERS OFFICE
toeedon: Monroe Cowtty, S28.35IT65SIR33E
District staff has reviewed the Infonnation submllted Mar 23, 2005, 'or a moc:McaIIon 0I1he referenced
~. to enable !he pennitl8e to meet the U.S. Army Corps 01 Engir1iiIw - pennI-~ ~-
iW1rrlifzJng addiIil.1nm exode IWIICMII 110m surrounding weda.dt wlIW1 the permiIIee.. ~ and the
scrape down 01 spoI material whent necNllUJ to meet wedand eIevatJor. and access can be r88C8y
acheMM:I wiIhoot Ir1cumg W8tf8nd impecfs be)'ond mnor f8rnponJIy <IsIurbance (reIeI to the MCbted 2
exhDls). The adliIIonaI wedand 8188 wiIhIn the pemtjt8e'. ownership II also being pI888fV8d JIvough a
S8p8Iate COO86MdIon easement grwlfed to !he Monroe Co&ny CclmpnJhensMa Plan ...... AuIhoriIy,
Based on that fntonnadon, 0i8Irfct sfaft has d8fennbJd Ih8t the proposed acIMtie8 are .. compIanc:e with
the orignI enwtunental I'8SOWC8 permit and ~ pnMsIons 01 FAC Rule 4OE-4.331(2)(b).
Thef8fore, these changes haw been recon:fed In ow 1Ifee.
PIeaM understa1k11ha1 ~ permit r&mai18 subject to 1h8 GenenII CanddonI and aI other Special
ConcItior. not mocifJed and as origi'taIIy issued.
Should you haw any queetIons concerning this mattar, pfease contad this office.
JPTeIy,
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John A. Merar
Sr Supv Environmental AnaIy.9t
Palm Beach Service Cent..
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Enclosures
CertifIed Uall: 7003 1010 ??oo 4434 4023
Govu.vmc Bo,4JtD
ICftin Md:my, a.."
lrel. M. ,,~..... Vi,.......",,;.
EUClm\!E OffICE
Alice 1. Carlson
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SOUTH FWRlDA WATER MANAGEMENT DISTRICT
ApplIcation No 050408-8
environmental Resource Regulation
March 10. 2008
Mr, K8\lin G. Wilson, Project Manager
Monroe County Facilities Development
The HIsbfc GafO CIgar Factory
1100 8monfon Street. Suite 2-216
Key West, FL 33040
Dear Permittee:
Subject: CorrecIfon to Permit No.. 44OO326-P
Project Name: Monroe Ccudy MedIcal &ari1era OffIce
LocaIIon; Monroe County S 26,35f lWP 65SI AGE 33E
The Monroe co. IIecIeaI ExamI..... Offtce permit modficadon issued June 15, 2005 pursuant to
AppfIcaUon No, 050408-8 was issued with an incorrect permit runber. The permit modfflcallon has
been corrected to reflect the COfTect permit number, Pfease place the corrected page with yo..- copy 01
the pennit moc:Iffcation. A COfTected copy will also be added 10 the originaJ fie.
Please feel free to caJ me at (561) 682-6937 should you haw any queedone.
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BaIbata J. Conmy, Sr. Supervfmg
Environmental Resource P8n1'lil&tg 0Msi0n
SouIh Florida Water MInagemenr Disbict
Analyst
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SOUTH FWRlDA WATER MANAGEMENT DISTRICT
CORRECTED
Environmental Resource Regulation
ApplicaUon No.: 050408-8
June 15, 2005
MONROE COUNTYMEDICAL EXAMINERS OFFICE
1100 SIMONTON STREET
KEY WEST, R. 33040
Dear Pennlttee:
SUBJECT: PERIII' NO.: 4.. 003.2S-P
ProJ8ct: MONROE CO MEDICAL EXAMINERS OFFIce
Loceuon: Monroe County, S28,35IT65~33E
District staff has reWJwed the information submitted May 23. 2005. for a modiffcation of the referenced
permit to enable the permittee to meet the U.S. Anny Corps of Engineers permit requirements by
authorizing addftlonaJ exotic removal from surrOUldfng wetlands within the pennittee's ownership and the
scrape down of spoil material where necessary to meet wetland elevatfons and access can be readily
acheived wiUJout Incurring welfand Impacts beyond minor temporary disturbance (reter to Ihe enclosed 2
exhlblle), The additional wetland ares Within !he pennittee's own&nIhlp Is also being Pf888MJd Ihrough a
sepand8 conservation easement granted 10 Ihe Monroe Q)umy ~ Plan land Authonty.
Based on Jhat WonnaUon. District 8f8ff has determined /hat Jhe ptoposed actMtIee are in compliance with
the orfgfna' environmental resource permit and appropriate prov'slons of FAC Rule 40E-4,331 (2)(b).
Ther8fOl8, Ihese changes have been r8COld8d In ow fi....
Please understand that your permit remains subject to the Genera' Conditions and all other Special
Condtb.. not modHI8d and ae 0f'fgInaIy issued.
Should you hawt any QU88Uons concemi1g this maft8r. please contact... otfIce.
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Sr Supv EnvIronmentar Analyst
Palm Beach SeMce OInt<<
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19, 2010
Division: Public Works
Bulk Item: Yes -X-- No
Department: Engineering Services
Staff Contact Person/Phone #: Judith Clarke 295-4329
AGENDA ITEM WORDING:
Approval to execute a Contract with Grader Mike, LLC, for the Boca Chica Road Restoration project
located in Boca Chica Key.
ITEM BACKGROUND:
On April 29,2010, Momoe County received 5 bids for this project. Grader Mike, LLC, was the lowest
bidder with a bid price of $255,830. The project is funded with Federal Emergency Management
(FEMA) money as a result of damages incurred from Hurricane Wilma.
PREVIOUS RELEVANT BOCC ACTION:
At the March 2010 meeting, the BOCC approved advertising for construction bids for this project.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of the Contract as mentioned above.
TOT AL COST: $ 255 , 8~ INDIRECT COST: nl a
BUDGETED: Y es ~No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:
-0-
SOURCE OF FUNDS: FEMA
REVENUE PRODUCING: Yes_ NO" x~~. OUNTPERMONTH_ Year_
APPROVED BY: County Atty X ~~.JrchaSing ~ Risk Management ~
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DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Grader Mike LLC. Contract #_
Effective Date: May 19, 2010
Expiration Date: July ]7~ ?OlO
Contract Purpose/Description: A portion of Boca Chica Road on Boca Chica Key was damaged during Hurricane
Wilma. The Boca Chica Road Restoration project will be funded by the Federal
Emergency Management Agency (FEMA). The construcion cost for this project is
$255,830.
Contract Manager: Clark Briggs 4306 Engineering/# 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on May 19,2020 Agenda Deadline: Mayq, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 255,830
Budgeted? YesD No D Account Codes:
Grant: $ 255,830
County Match: $
Current Year Portion: $ 255,830
(2:5 - 045'/ /0':.5 - 7:::{c<:7((j-::"~
- - - -
-----
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
smIo
:5~/(U
Changes
Needed
YesD NoUJ
Date Out
Risk Management
pJL'-' .~_
O.M.B./Purchasmg J - 3-;0
Cf
~
S'- If I b
6' -(J
County Attorney
D
Comments:
Boca Chica Road Restoration
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 4th day of May in the year of Two Thousand and Ten
BETWEEN the Owner:
Monroe County Board of County Commissioners ("BOCC")
1100 Simonton Street
Key West, Florida 33040 ("Owner")
And the Contractor:
Grader Mike LLC
2 Bay Drive
Key West, FL 33040
("Contractor")
For the following Project:
Boca Chica Road Restoration
Boca Chica Key
Monroe County, Florida
("Project")
Oversight for Owner:
Monroe County Engineering Department
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
Drawings and Specification
Provided by:
mbi k2m/Richard J, Milelli, Inc.
1001 Whitehead Street, Unit 101
Key West, Florida 33040
./
The Owner and Contractor agree as set forth below.
2/22/2010
STANDARDFDRMoF AGRfEMENT BEIWEEN OWNER AND CONIRAClDR
00500- 1
Boca Chica Road Restoration
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued
after execution of this Agreement. These form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows:
Scope of Work is as specified in the Project Manual for this project, Section 00300 and shown on
the construction drawings. The contract constitutes the entire and exclusive agreement between
the Owner and the Contractor with reference to the Boca Chica Road Restoration Project.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above, unless a different date
is stated below or provision is made for the date to be fixed in a notice to proceed issued by the
Owner as stated in Section 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, in
writing not less than five days before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor,
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
Sixty (60) Days after the Date of Commencement, subject to adjustments of the Contract Time as
provided by the Contract Document.
2122120 10
SfANDARDRJRMOF AGREEMENT BEIWEfNOWNER AND CONIRACTOR
00500- 2
Boca Chica Road Restoration
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extension in time as set forth by the Owner's signature of approval on the
Certificate of Substantial Completion. The liquidated damages table below shall be utilized to
determine the amount of liquidated damages.
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-$99,999.00
$100,000.00-499,999.00
$500,000.0 and Up
FIRST
15 DAYS
$50.00/DA Y
100.00/DA Y
200.00/DA Y
500.00/DA Y
SECOND
15 DAYS
$lOO.OO/DA Y
200.00/DA Y
500.00/DA Y
1 ,OOO.OO/DA Y
31st DAY &
THEREAFTER
$250.00/DA Y
750.00/DA Y
2,000.00/DA Y
3,500.00/DA Y
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall
be an extension of time on the Contract.
Balance of Page Intentionally Left Blank
2122/20 10
STANDARD IDRM OF AGREEMENrBEIWFENOWNFRANDCONIRAcroR
aNn- 3
Boca Chica Road Restoration
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract, for Boca Chica Road Restoration Project the Contract Sum of TWO
HUNDRED FIFTY FIVE THOUSAND EIGHT HUNDRED AND TIDRTY DOLLARS,
($255,830.00), subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None
4.3
Unit prices, if any, are as follows:
As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and
upon Project Applications and Certificates for Payment, 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.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in such
form and supported by such data to substantiate its accuracy as the Owner may require, This
schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage ofTen percent (10%). Pending final determination of cost to the Owner of changes in
the Work, amounts not in dispute may be included in applications for Payment. The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both
additions and credits covering related Work or substitutions are involved in a change the
212212010
SfANDARDIDRMOF AGRFEMENTBEIWFEN"OWNERANDCONIRACIDR
00500-4
Boca Chica Road Restoration
allowance for overhead and profit shall be figured on the basis of net increase, if any, with
respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Owner
recommends and 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
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued
by the Project Manager: 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
2122/2010
STANDARD ffiRM OF AGREEMFNTBEIWFENOWNffiANDCDNIRAcroR
005()). 5
Boca Chica Road Restoration
7.3 Temporary facilities and services:
None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the
execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133,
Florida Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from County's competitive
procurement activities.
In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by
Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Contractor has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged
with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A
person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.
7.6 The following items are part of this contract:
a) Maintenance of Records: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives, or the Federal Emergency Management Agency or its designee, shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest calculated pursuant
to Sec. 55.03; FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venlle, 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
2/2212010
SfANDARDR>RMOF AGREEMENTBEIWEEN OWNERANDCONIRACIDR
00500- 6
Boca Chica Road Restoration
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This Agreement shall not be subject to arbitration.
c) Severability: If any term, covenant, condition or provIsIOn of this
Agreement (or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall
include attorney's fees and courts costs in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County.
e) Binding Effect: The terms, covenants, conditions, and provlSlons of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns,
f) Authority: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
g) Claims for Federal or State Aid: Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission,
h) 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,
2122/2010
STANDARD R>RM OF AGRFEMENT BEIWFEN OWNER AND CONIRAcroR
00500- 7
Boca Chica Road Restoration
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss, 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
i) Covenant of No Interest: County and Contractor covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
j) Code of Ethics: County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
k) No SolicitationJPayment: The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration,
I) Public Access: The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 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) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
2122/2010
SfANDARD IDRMOF AGREEMENT BETWEEN OWNER AND CONIRACTOR
00500- 8
Boca Chica Road Restoration
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
s) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
t) Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
u) Special Conditions, if any are detailed in Section 01000 of the Project Manual
for this Project.
v) Hold Harmless: The Contractor covenants and agrees to indemnify and hold
harmless Monroe County Board of County Commissioners from any and all claims for bodily
injury (including death), personal injury, and property damage (including property owned by
Monroe County) and other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
2122120 to
STANDARD R>RM OF AGREEMENrBEIWFENoWNERANDCONIRACToR
<:xro). 9
Boca Chica Road Restoration
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree
that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of Paragraph X concerning cancellation.
x) Cancellation: In the event that the Contractor shall be found to be negligent in
any aspect of installation, stocking, maintenance, repair, or service, the County shall have the
right to terminate this agreement after five days written notification to the Contractor.
y) Cooperation: In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the other party,
in all proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations
under this agreement, except in writing and with the prior written approval of the Board of
County Commissioners for Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this Agreement. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of such other
party.
212212010
SfANDARDIDRMOF AGRFEl\1ENT BEIWEEN OWNER AND CONIRACIDR
<mD-1O
Boca Chica Road Restoration
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
7,10 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR 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 prevailing
wage rates can be found at: www.access.gpo.gov/davisbaconlfl.html under Monroe County.
7.11 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all
the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
7.12 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under
this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to
this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the
opportunity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal and
state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts, The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant
to this Agreement.
7.13 Convict Labor - The convict labor prohibition in 23 U.S.c. 114 applies to Federal Aid projects.
Convict labor cannot be used in Federal Aid construction projects.
7.14 FHWA Form 1273 is attached hereto as Attachment A and made a part of this Agreement.
7.15 The requirements of23 CFR Part 635.410 Buy America Requirements are attached hereto as
Attachment B and made a part of this Agreement.
7.16 Contractor will adhere to provisions of Executive Order 11246 entitled "Equal Employment
Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor
regulations.
7.17 Contractor will comply with the Copeland "Anti-Kickback" Act (18 USC 874) as
supplemented by the Department of Labor regulations,
7.18 Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act as supplemented by the Department of Labor regulations.
7.19 Contractor will adhere with provisions of the Clean Air Act, Clean Water Act, Executive Order
11738 and applicable regulations of the Environmental Protection Agency.
7.20 Contractor will adhere to the provision of Executive Order 12549 entitled "Debarment and
Suspension" .
212212010
SfANDARDIDRMOF AGREEMENrBElWEENOWNFRANDmNIRAcroR
00500- 11
Boca Chica Road Restoration
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14
of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: See Article 1
9,1.1 The Agreement is this executed Standard Form of Agreement between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated March 2010. and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph
9.1.3, and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different
date is shown below:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
Contract Drawings.
9.1.6 The Addenda, if any, are as follows: Addenda #1 issued April 12, 2010
Addenda #2 issued April 13, 2010
Addenda #3 issued April 21, 2010
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
Monroe County Bid Form in Section 00110.
See Article 1.
2122/2010
STANDARD IDRM OF AGRFEMENrB~OWNERANDCONIRAcroR
<XNX).. 12
Boca Chica Road Restoration
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor
Date
(SEAL)
Attest:
CONTRACTOR
By: 6~~~ By:
Title: /11. P. ;:W~t1-f1?~ Title:
~~
~
-------------------
END OF SECTION 00500
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2122/20 10
SfANDARDIDRMOF AGREEMENfBEIWEENOWNFRANDCONIRACTOR
00500- 13
Attachment A
FHW A - 1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
Page
General ..................................... 1
Nondiscrimination ............................. 1
Nonsegregated Facilities . . . . . . . . . . . . . . . . . . . . . . .. 3
Payment of Predetermined Minimum Wage 3
Statements and Payrolls ........................ 5
Record of Materials, Supplies, and Labor . . . . . . . . . .. 5
Subletting or Assigning the Contract .. . . . . . . . . . . . .. 5
Safety: Accident Prevention ..................... 6
False Statements Concerning Highway Projects. . . . .. 6
Implementation of Clean Air Act and Federal
Water Pollution Control Act ...................... 6
Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion ............... 6
Certification Regarding Use of Contract Funds for
~~~g ............................. 8
ATTACHMENTS
Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
A.
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 subcontract.
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 lower tier subcontract or purchase order that may in
turn 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
CFR5.12:
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 (exceptfor em ployment 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 activities 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 m~.) set forth under 28 CFR 35 and 29 CFR 1630
are incorporated 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, covering 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 minority 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 contractor for employment consider-
ation.
b. In the eventthe 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 promptly 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 geographical 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 fortraining 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 furnish 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 flow 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 bargaining 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 of laborers 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 during 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 officershall 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 benefits 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 journeyman-level
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 eventthe 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
Ad min istration.
(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
journeymen 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 furnish, 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 submission 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 (including 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.S.C. 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 grade crossings, 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 U.S.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 U.S.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 shall 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 U.S.C. 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 plans, 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 subrnission 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 Pollution 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 cornply 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 prornptly 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
nonexernpt 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
prirnary 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, the department or agency rnay 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," "participant," "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 From 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 presently 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, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1 b of
this certification; and
d. Have not 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 - LowerTier 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
List.
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.
Page 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 preference to qualified persons who regularly reside
in the labor area as designated by the DOL wherein the contract work
is situated, or the subregion, 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
Attachment B
23 CFR Part 635.410
Buy America Requirements
23 CFR Part 635.410 Buy America Requirements
'"
23 CFR Part 635.410 Buy America Requirements.
(a) The provisions of this section shall prevail and be given precedence over any
requirements of this subpart which are contrary to this section. However, nothing in this
section shall be construed to be contrary to the requirements of 9635.409(a) of this subpart.
(b) No Federal-aid highway construction project is to be authorized for advertisement or
otherwise authorized to proceed unless at least one of the following requirements is met:
(1) The project either: (i) Includes no permanently incorporated steel or iron materials. or (ii) if
steel or iron materials are to be used, all manufacturing processes, including application of a
coating, for these materials must occur in the United States. Coating includes all processes
which protect or enhance the value of the material to which the coating is applied,
(2) The State has standard contract provisions that require the use of domestic materials and
products, including steel and iron materials, to the same or greater extent as the provisions
set forth in this section.
(3) The State elects to include alternate bid provisions for foreign and domestic steel and iron
materials which comply with the following requirements, Any procedure for obtaining alternate
bids based on furnishing foreign steel and iron materials which is acceptable to the Division
Administrator may be used. The contract provisions must (i) require all bidders to submit a
bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the
contract will be awarded to the bidder who submits the lowest total bid based on furnishing
domestic steel and iron materials unless such total bid exceeds the lowest total bid based on
furnishing foreign steel and iron materials by more than 25 percent.
(4) When steel and iron materials are used in a project, the requirements of this section do
not prevent a minimal use of foreign steel and iron materials, if the cost of such materials
used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or
$2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the
value of the steel and iron products as they are delivered to the project.
(c)(1) A State may request a waiver of the provisions of this section if;
(i) The application of those provisions would be inconsistent with the public interest; or
(Ii) Steel and iron materials/products are not produced in the United States in sufficient and
reasonably available quantities which are of a satisfactory quality.
(2) A request for waiver, accompanied by supporting information, must be submitted in writing
to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division
Administrator. A request must be submitted sufficiently ;n advance of the need for the waiver
in order to allow time for proper review and action on the request. The RFHWA wjll have
approval authority on the request.
L
23 CFR Part 635.410 Buy America Requirements
(3) Requests for waivers may be made for specific projects, or for certain materials or
products in specific geographic areas, or for combinations of both, depending on the
circumstances.
(4) The denial of the request by the RFHWA may be appealed by the State to the Federal
Highway Administrator (Administrator), whose action on the request shall be considered
administratively final.
(5) A request for a waiver which involves nationwide public interest or availability issues or
more than one FHWA region may be submitted by the RFHWA to the Administrator for
action.
(6) A request for waiver and an appeal from a denial of a request must include facts and
justification to support the granting of the waiver, The FHWA response to a request or appeal
will be in writing and made available to the public upon request. Any request for a nationwide
waiver and FHW A's action on such a request may be published in the Federal Register for
public comment.
(7) In determining whether the waivers described in paragraph (c)(1) of this section will be
granted, the FHWA will consider all appropriate factors including, but not limited to, cost,
administrative burden, and delay that would be imposed jf the provision were not waived.
(d) Standard State and Federal-aid contract procedures may be used to assure compliance
with the requirements of this section.
[48 FR 53104, Nov. 25,1983, as amended at 49 FR 18821, May 3,1984; 58 FR 38975, July
21, 1993J
Boca Chica Road Restoration
BID FORM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
1100 SIMONTON STREET, ROOM 1-213
KEY WEST, FLORIDA 33040
CI2J~dz-,e .M;;!L LLC
~ /3 AI J),e, Vc--
XL-I Wc..>t; r{ 3.3(),/()
The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and
Addenda thereto and other Bid Documents for the construction of:
BID TO:
BID FROM:
Boca Chica Road Restoration
Monroe County, Florida
and having carefully examined the site where the Work is to be performed, having become familiar with all local
conditions including labor affecting the cost thereof, and having familiarized himself with material availability,
Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby
propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in
conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where the Work is to be
performed, together with the local sources of supply and that he understands the conditions under which the Work is
to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the
existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to
documentary information provided and made available, and from inspection and examination of the site.
The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is
understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price
will be determined from the actual quantities measured for payment in accordance with the Contract Documents.
fI,//Zt
Dollars.
$ 25& '136
(Total Base Bl - numbers)
~~~
Signature
i /;L7/:2tJ/d
Datt!
2/22/20 I 0
BID PROPOSAL
00110-3
Boca Chica Road Restoration
I acknowledge receipt of Addenda No. (s) / j ~ . I have included the Bid Proposal
which entails the Proposal Form /, the Ndn-CbUusion Affidavit /, the Lobbying and Conflict
of Interest Clause1, the Drug-Free Workplace Form-L, the Bid BondL, the Bidder's
Insurance Statement2. Also include a copy of valid licensesL. Additional Information.
(The above is intended as a courtesy review checklist of the required bid items, However, it
does not imply that these are the only items needed, There may be additional requirements not
listed here that are listed in other sections ofthe Project Manual. It is the Contactors
responsibility to provide all required bid items,)
Mailing Address:
~ t3 A'( D,e; vs::..
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.$.3o~d
Date:
r :2 r / :M; / ~ Signed:
/
3()6- 797 ~ 300'1
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fJ'I,c-h A z....L
(Name) .
p 1C.1::Y ;uI~~ /
Wimess: =?zr
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Phone Number:
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(Seal)
2/2212010
BID PROPOSAL
00110-4
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BID PROPOSAL
00110-5
Boca Chica Road Restoration
NON-COLLUSION AFFIDAVIT
I, M ie-h-. f<.C- J p .$ (),.J of the city of /~ T tJ~r according to law on my oath, and
under penalty of perjury, depose and say that; ,
L 'G te11/1! i'ft:l u c:... , the hidder making the pr~~~~f: ~~ project
described in the notice for calling for bids for:
Boca Chica Road Restoration
Monroe County, Florida
and that I executed the said proposal with full authority to do so;
2.) the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such process 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 and will
not be knowingly 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;
5.) the statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth ofthe statements contained in this affidavit in
awarding contracts for said project.
1J\rJJ ~
(Signature of Bidder)
'f / :2 9 / -:JD/~
(Datef (
t:'~
STATE OF: / ~
COUNTY OF: I!~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(name J4 ind~vwual signing) w ,after t being sworn by me, affixed his/her signature in the space provided above on this
;;t,!l~ day of ~ ~~.j{o {O
&-)A-, . ~ I
NOTARY PU IC
~~RY Po",
~ ...,...""<f. CAROliNE PRENCIPE
My commission expires: . * MYCOMMISSJONIDD637813
; roh 31, 2011
Bonded Thru Budge! NoIIIy Seme8.
2/22/2010
BID PROPOSAL
00110-6
Boca Chica Road Restoration
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO, 010-1990
MONROE COUNTY, FLORIDA
"
G-/VIdLf( JY!,;!t:. LL e
(Company)
"
"... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision 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".
r4 (l~
(Signature)
STATEOF~
COUNTYOF.)((~
(Date)
~/.t C( /~L- ~
I
PE~O~O:PEARED BEFORE ME, the undersigned authority,
/J1...v,. / t~ __ /1 who, after first being sworn by me, affixed hislher
Signatur~lC-~/L" .,;.4...,...1' in the space provided
(Name of individual sign g) .
Above on this ,::Aq day of ~~
. (J
Z1~A ·
--NOTARY PUBLIC ~
~~RY PUll.
~o ....... v" CAROlINE PRENCIPE
t ..~ * ~y C.OMM/SSION I DD &37813
1~~~~fr?2011
~ OF F\.rfr-f.) Bonded ThIll Budget Nolary SeMcea
2/22/2010
BID PROPOSAL
00110-7
Boca Chica Road Restoration
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
C((A jz.~ /11//(2:- LL C!-
(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 such employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employees 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 a person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
/Jt~:LJ ~
Bidder's Signature
tf /:J. cf / ;lold
l)ate;1 ;1
2/22/2010
BID PROPOSAL
00110-8
Boca Chica Road Restoration
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as follows:
Insurance Requirement
Limits
Worker's Compensation
Statutory Limits
Employer's Liability
WC2
WCUSLH
WCJA
$500,000/$500,000/$500,000
Same as Employers Liability
Same as Employers Liability
General Liability
GL2
$250,000 per person; $500,000 per occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GLXCU
*Required Endorsement
Underground, Explosion and Collapse
(XCU)
Vehicle Liability
(Owned, hired and
Non- owned Vehicles)
VL2
$100,000 per person; $300,000 per occurrence
$50,000 Property Damage
or
$300,000 Combined Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full with
all these requirements.
All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of
Florida.
Q;uh/? fI1,j(~ LLe.
Name of Business
~~
Signature
rjMl;2b/~
Oat
END OF SECTION 00110
2/22/2010
BID PROPOSAL
00110-10
RECEIPT NO.
ISSUE DATE:
COUNTY LIC#
MONROE COUNTY
134885 CC:
03/27/2010 FEE
ENG II 294E FEE
EIIE
DUE
PAID
150.00
150.00
MONROE COUNTY
THIS IS TO CERTIFY THAT
LIVENGOOD, TRAVIS LEVI
QUALIFIES AS A
EXCAVATING & GRADING CONT
THIS CERTIFICATE EXPIRES ON
10/31/11
UNLESS REVOKED
~~/ "
. , z;f/7 Af2- ~/ ,~
. ~ ~~
v BUILDING OFFICIAL
THIS CERTIFIES THAT
LIVENGOOD, TRAVIS LEVI
QUALIFIES AS A EXCAVATING & GRADING CONT
IN GOOD STANDING AND THIS CERTIFICATE
OF COMPETENCY IS VALID AND IN FORCE
UNTIL 10/31/11
LIVENGOOD, TRAVIS LEVI
GRADER MIKE, LLC.
50 PALMETTO DRIVE
BIG PINE KEY FL, 33043
CERTIFICATE OF COMPETENCY
Resolution No 10-01
of
Grader Mike, L.L.C.
Whereas, a me~g of the man~er and members of Grader Mike, L.L.C. was
held on the:2.-3 day of flf4;f!.c4t 2010, and
Whereas, all members of the said Grader Mike L.L.C. were present, and
Whereas, the members voted unanimously that the respective interests in the
Limited Liability Company would be as follows:
A. Michael L. Anson Sixty (60%) Percent
B. Kelly Anson Twenty (20%0 Percent
C. Travis L. Livengood Twenty (20%) Percent
Whereas, Travis L. Livengood is a duly licensed member of the L.L.C., it is
agreed that he should qualify the L.L.C. with the appropriate governmental
agencies wherein the said L.L.C. conducts business
Now therefore, be it resolved unanimously that the interest in the Grader Mike,
L.L.C. shall be vested in the above named members in the interest as set forth
above and it is, further
Resolved, that Travis L. Livengood is hereby authorized and directed to obtain
insurance, apply for permits, and qualify the L.L.C. with the State or other
governmental agency and that anyone dealing with said Travis L. Livengood in
that capacity is entitled to rely on his authority and authorization to act on behalf
of Grader Mike, L.L.C.
~[~
Michael L. Anson
RJv'f~
Kel son
__/. ---;::::::7 ,
--<
Travis L. Livengood
; '~,
rt'f
r-___ 1',
,P ';. , ,
"il
,.
:..., k'
...
MONROE COUNTY BID
GRADER MIKE LLC
2 BAY DRIVE
KEY WEST, FL 33040
COMPANY RESUME
OFFICERS OF GRADER MIKE LLC:
PRESIDENT
Michael Anson
2 Bay Drive
Key West, FL 33040
VICE PRESIDENT
Travis Livengood
50 Palmetto Drive
Big Pine Key, FL 33043
MEMBER
Kelly Anson
2 Bay Drive
Key West, FL 33040
EXPERIENCE
Michael Anson has been President of Grader Mike LLC since its inception in 2005.
Prior to 2005, Michael Anson was President of BAT Construction, Inc atthe start of the company in 1998
until 2005.
CUSTOMER REFERENCES
B&LBENEWAY
17277 ALLAMANDER DR EAST
SUGARLOAF KEY, FL 33042
CHARLEY TOPPINO & SONS INC
PO BOX 787
KEY WEST, FL 33040
GARY'S PLUMBING
6409 2ND TERRACE
Key West, FL 33040
SALINERO ENTERPRISES, INC
5570 3RD AVE
KEY WEST, FL 33040
DAB CONTRACTING LLC
905 SOUTH PERRY ST
MONTGOMERY, AL 36104
Page 2
Grader Mike LLC
Monroe County Bid
CREDIT REFERENCES
KOMATSU FINANCIAL
CONTINENTAL TOWER
1701 WEST GULF RD SUITE 300
ROLLING MEADOWS, IL 60008
FIRST STATE BANK OF THE FLORIDA KEYS
PO BOX 1526
KEY WEST, FL 33041
KELLY TRACTOR CO
PO BOX 9 I 8579
ORLANDO, FL 32891-9579
WELLS FARGO EQUIPMENT FINANCE
1540 WEST FOUNTAINHEAD PARKWAY
TEMPE, AZ 85282
ANSWERS TO QUESTIONS REGARDING CLAIMS
Question # 5:
i) Has the person ever failed to complete work to provide the goods for which it has contracted?
NO
ii) Are there any judgements, claims, arbitration proceeding or suits pending or outstanding against
the person, or its officers? NO
iii) Has the person, within the last 5 yrs been a part to any lawsuit or arbitration with regard to
contract for services, etc,..? NO
iv) Has the person ever initiated litigation against the county or been sued by the county in
connection with a contract, etc.,.? NO
v) Whether, within the last 5 yrs an officer, general partner, controlling shareholder, or major
creditor of the person was an officer, general partner, controlling shareholder or major creditor of
any other entity that failed to perform services or furnish goods similar to those sought in the
request for bids: NO
rt1~
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GRADER MIKE LLC
2 BAY DRIVE
KEY WEST, FL 33040
LIST OF SUBCONTRACTORS
PAVING
AFFORDABLE ASPHALT & BRICK PAVING
82693 OVERSEAS HIGHWAY
ISLAMORADA, FL 33036
Boca Chica Road Restoration
Geiger Key, Florida
Addendum No.1
Apri112,2010
The information contained in this Addendum No. 1 modifies, supplements, or replaces
information contained in the Bid and is hereby made a part of the Contract Documents.
The following items are clarifications, deletions, revisions, changes and modifications that
change the original Contract Documents only in the amount and to the extent hereinafter
specified and set forth in this ADDENDUM NO.1.
1. REQUESTS FOR INFORMATION:
A. Location of the project besides being located on Boca Chica Road is not evident on the
plans.
Response: The project begins at the existing concrete barriers located at sta 0+00
and ends atsta 17+92 as specified on the Construction Drawings, Bidders are to
field verify.
B. Scale of cross sections is not clear and impossible to quantifY quantities.
Response: The scale on the cross sections should be corrected to read, "Vertical
1" = l' instead of 1" = 2 '), The base of the rip rap barrier wall is 7 feet wide with
the exception of Sections Rand S where it is wider, The height of the rip rap
barrier wall is approximately 7 feet.
C. I suggest a detailed to scale typical section be furnished.
Response: See Response B above.
D. Asphalt work locations and scope unclear. I calculate more than 1000 Sys. Bid
Quantity is 350 Sys.
Response: The area of asphalt and base to be repaired is shown within the
heavily hashed area on the plans. It does not equal the entire hashed area,
Estimated quantity is 350 square yards, The exact quantity will be confirmed in
the field during repair.
E. Note on Sheet C-2.0 "No Rip Rap barrier Wall work from Sta. 0-00 to 6+00 "is there
any other work in this area?
Response: The work from sta 0+00 to approximately 6+00 will consist of clearing
vegetation from the road to the edge of pavement, removing debris (if any) from
the road and shoulders and grading the sand berm in the vicinity of station 6+00
as needed to begin construction of the rip rap barrier wall in that area, Asphalt
Boca Chica Road Restoration
Addendum No.1
Page 1 of2
repair from approximately Sta 5+50 to 6+00 is included in the quantities; there
will be no rip rap barrier wall construction in this area.
There is no swale construction and/or sod placement in the project scope, as noted
in the specifications and on the drawings,
F. You specify "NO shrink Grout" I do not believe that is what you intended. Also the
quantity is usually bid by the CY. There is no way to calculate the quantity that would
be used in this application.
Do to the lack of clarity of the plans I suggest a pre- bid conference possibility at the
site to clear up these issues.
Response: Measurement and payment for the grout is as specified in Section 1025
Item 5 for Rip Rap Barrier Wall in the Project Manual. Refer to Response B
above for additional clarification of Rip Rap Wall quantities,
There will be no pre-bid conference. Any questions or clarifications will be
submitted and addressed in written format.
The response to "No Shrink Grout" will be posted in Addendum No, 2,
End of Addendum No.1
Boca Chica Road Restoration
Addendum No.1
Page 2 of2
Boca Chica Road Restoration
Geiger Key, Florida
Addendum No.2
April 13, 2010
The information contained in this Addendum No.2 modifies, supplements, or replaces
information contained in the Bid and is hereby made a part of the Contract Documents.
The following items are clarifications, deletions, revisions, changes and modifications that
change the original Contract Documents only in the amount and to the extent hereinafter
specified and set forth in this ADDENDUM NO.2.
1. REQUESTS FOR INFORMATION:
A. You specify "NO shrink Grout" I do not believe that is what you intended. Also the
quantity is usually bid by the CY. There is no way to calculate the quantity that would
be used in this application.
Do to the lack of clarity of the plans I suggest a pre- bid conference possibility at the
site to clear up these issues.
Response: The grout used for the rip rap wall does not have to be non-shrink,
Measurement and payment for the grout is as specified in Section 1025 Item 5 for
Rip Rap Barrier Wall in the Project Manual, Refer to Response B of Addendum
No, 1 above for additional clarification of Rip Rap Wall quantities,
There will be no pre-bid conference, Any questions or clarifications will be
submitted and addressed in written format.
End of Addendum No, 2
Boca Chica Road Restoration
Addendum No.2
Page I of 1
Boca Chica Road Restoration
Geiger Key, Florida
Addendum No.3
April 21, 2010
The information contained in this Addendum No.3 modifies, supplements, or replaces
information contained in the Bid and is hereby made a part of the Contract Documents.
The following items are clarifications, deletions, revisions, changes and modifications that
change the original Contract Documents only in the amount and to the extent hereinafter
specified and set forth in this ADDENDUM NO.3
1. REOUESTSFORINFORMATION:
A. In the area of Sta. 17+88, we observed concrete in the area. Can that concrete be used
on site or does it have to be hauled away. The size of the concrete is appx. 80' x 10' x 7',
mixed with boulders.
Response: It is the responsibility of the Contractor to have the concrete
hauled away.
End of Addendum No, 3
Boca Chica Road Restoration
Addendum No.3
Page I of 1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 19,2010
Division:
Public Works
Bulk Item: Yes ~ No
Department: Public Works
Staff Contact PersonlPhone #: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval to rescind 1st Amendment to Joint Use Park ILA with the
Monroe County School Board regarding Sugarloaf School Park.
ITEM BACKGROUND: The County entered into an ILA with the School Board to develop a joint
use park on the Sugarloaf School grounds, and the County agreed to pay the full cost of electricity for
the park, plus half the water costs, half the sewerage costs, and half the maintenance costs.
On December 16, 2009, the BOCC approved the 1st amendment to simply the billing and payment
process, and directed staff to bring back an amendment to address the reconciliation of funds to be
paid. County staff presented a 2nd amendment to School Board staff that addressed the BOCC
concerns, but School Board staff decided to continue under the original agreement as designed.
PREVIOUS RELEVANT BOCC ACTION: Approved original ILA effective 4/20/05; approved 1 st
amendment on December 16, 2009.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: ~ INDIRECT COST: n/a BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 16, 2009
Bulk Item: Yes XX No
Division: Public Works
Staff Contact Person: Pedro MercadolDent Pierce
AGENDA ITEM WORDING: Approval of the 1st amendment to Joint Use Park ILA with the
Monroe Comrty School Board.
ITEM BACKGROUND: The County entered in to an ILA with the Monroe County School Board in
2005 to develop ajoint use park on the SugarloafSchool grounds, As part of the ILA. the County
agreed to pay the full cost of electricity for the par~ half the water costs, half the sewerage costs, and
half of the maintenance costs of the park. The ILA requires documentation and invoicing before any of
the above costs can be paid. In order to expedite and simplify the payment process for the School Board
as well as simplifYing the budgeting process for both the County and the School Board, the County and
the School Board have agreed that the County will contribute a set amount of money for all costs
associated with the provision of utilities and maintenance at the park.
PREVIOUS RELEVANT BOCC ACTION:
Approved the original lnterlocal Agreement effective April 20, 2005.
CONTRACT/AGREEMENT CHANGES:
As outlined in the Item Background.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:$32.000
BUDGETED: Yes XX
No
COST TO COUNTY:S32.000 SOURCE OF FUNDS:Unincoroorated Parks
& Beaches Fund 147
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH Year
APPROVED BY: CountyAtty#~ ~_ RiskManagement Vliy
DOCUMENTATION: Inc.&:ed ~j NotRequired_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: The School Board of Monroe County
Effective Date: 10/01/2009
Expiration Date: 04/19/2025
Contract PurposelDescription: 1st Amendment to ILA for Joint Use Park at Suaarloaf School
Contract Manager:
Beth Leto
(Name)
4560
(Ext. )
PW Mamt. 1 #1
(Department) 1 Courier Stop
for BOCC meeting on December 16, 2009
Agenda Deadline: 12/1/2009
CONTRACT COSTS
Total Dollar Value of Contract: $32,000/yr.
Budgeted? Yes ~ No D
Grant $
County Match: $
Current Year Portion: $32,000
Account Codes: 147-20503-530430 & 460
ADDITIONAL COSTS
Estimated Ongoing Costs: $ 0 Iyr. For:
(Not included in dollar value above) (e.g., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
\') I nC.
I 1... ... - L/ I
I
Changes
Needed
YesD Norzl
YesD NO~
YesD NO~-
YesD No~
1?)~~eview~r
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Date Out
/fr III (,x(
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Division Director
Date In
~7
Risk Man~qement
fJi~ ~ ~:\'~
O.M.B.lPurch~sing
i -~
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x.1v{
County Attorney
Pedro Mercado
11-30-2009
Comments:
JOINT USE PARK
1 ST AMENDMENT TO THE INTERLOCAL AGREEMENT
This agreement is made and entered into by Monroe County (hereafter "County"),
a political subdivision of the State of Florida, whose address is 1100 Simonton Street,
Key West, Florida, 33040 and the School Board Of Monroe County (hereafter "School
Board"), as the contracting agent for the School District of Monroe County, a public
agency of the State of Florida
WHEREAS, the County and the School Board entered in to an interlocal
agreement on April 20, 2005 to develop ajoint use park on the SugarloafSchool grounds;
and
WHEREAS, the interlocal agreement provided for payment by the County of half
the maintenance cost, 100% of electric costs for lighting, half of water costs, and half of
sewerage costs once connected to a wastewater treatment plant, upon proper invoicing by
the school board; and
WHERAS, the School Board and the County desire to simplify and streamline the
invoicing and payment process; and
WHEREAS, the County is willing to contribute a fixed amount on a quarterly
basis for all costs associated with utilities and maintenance and the School Board IS
willing to accept a fixed amount for utilities and maintenance on a quarterly basis,
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth below, the parties agree as follows:
SECTION 1. Paragraph lIB of the original agreement is amended to read as
follows:
B. MAINTENANCE. School Board is responsible for the
implementation of adequate maintenance procedures to keep the real property and
improvements in good operating condition. County shall pay $8,000.00 quarterly
to reimburse School Board for cost of all utilities and maintenance, upon receipt
of a properly documented invoice and pursuant to the Florida Prompt Payment
Act. Funding under this provision of the agreement is contingent upon annual
appropriation by the County governing board.
SECTION 2. All other provisions of the original April 20, 2005 interlocal
agreement not inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by its duly authorized representative the date first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor
Date
(SEAL)
ATT~T: dd2
By . hl~J '
Deputy Clerk
SCHOOL BOARD OF MONROE COUNTY
By ~c~~n
111/7,09
Date
JOINT USE PARK
INTERLOCAlAGREEMENT
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, and the SCHOOL BOARD OF
MONROE COUNTY (SCHOOL BOARD), as the contracting agent for the School
District of Monroe County, a public agency of the State of Florida, whose
address is 241 Trumbo Road, Key West, FI. 33040.
WHEREAS, COUNTY is authorized by Section 125.01(1)(f),F.S. to
provide public parks; and
WHEREAS, SCHOOL BOARD is authorized by Section 1013.10, F,S, to
permit the use of school grounds for community use centers; and
WHEREAS, the parties did enter into an interlocal agreement dated
July 15, 1992, for the provision of enhanced recreational facilities on public
school grounds; and
WHEREAS, said master agreement was amended by Addendum Two,
providing for the County to pay for $58,801.35 for athletic improvements at
Sugarloaf School; and
WHEREAS, the parties did, by interlocal agreement dated October 28,
1999, as amended on February 21, 2001, provide for the County to pay a
total of $53,171 per annum for the maintenance of recreational faCilities at
Sugarloaf School and Key Largo Elementary School; and
WHEREAS, the parties are authorized by Section 163.01(4), Florida
Statutes, to enter into an interlocal agreement to carry out their independent
powers;
WHEREAS, it is desired to provide for the development of a joint use
park on the Sugarloaf School grounds, in addition to the existing agreement
to provide maintenance funding for the existing recreational facilities at said
school; now therefore,
IN CONSIDERATION OF the mutual promises and conditions contained herein,
the PARTIES agree as follows:
1. SCOPE. The Parties shall develop and maintain a joint use Park at
Sugarloaf School. This agreement is in addition to the interlocal agreement
dated October 28, 1999, and amended on February 21, 2001, providing for
the County to pay an annual sum for the maintenance of recreational
facilities at Sugarloaf School and Key Largo Elementary School. All terms and
conditions of the aforementioned Agreement shall remain in force and effect
unless specifically modified or amended herein.
SugarloafJoint Use Park
2. TERM,
A. Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force for a term of twenty years commencing as
of the _20th day of April , 2005 and ending on the -.J 9th day of
April. 2025.
B. The parties may extend this agreement after the expiration of the term
described herein according to such terms and conditions as may be agreed to
at the time of extension.
3. USE AND CONDITIONS. The premises, which are defined as that
area designated as "JOINT USE PARK" on the Sketch attached hereto as
Exhibit A, shall be used solely for the purposes of providing a park for joint
use for Sugarloaf School and the general public"
A. REGULADONS, The County's Parks and Recreational Board shall
work with School Board staff to develop and recommend regulations
governing the use and operations of the park additional to such rules and
regulations set forth by County Ordinance regarding all County parks. Rules
and regulations for the joint use park shall be subject to approval by
resolution by each of the Parties.
B. MANAGEMENT, SCHOOL BOARD shall contract for design/build,
provide for Operations management, including but not limited to maintenance
and the scheduling of events and organized use of the park.
C. CAPITAL FUNDING, COUNTY shall provide capital funding for the
Joint Use Park in an amount not to exceed $1,500,000, payment to be made
as follows
Payment for expenditures permissible by law and County policies shall be
made through reimbursement to SCHOOL BOARD upon presentation of
Application for Payment Summary - AlA Document G702 (or equivalent),
invoices, canceled checks and other documentation necessary to support a
claim for reimbursement, All submissions for payment shall be based upon
an approved schedule of values for phases and indicate the percentage of
completion for each item as of the date of the submission. This document
should be signed by the project architect, engineer, general contractor or
project manager. Photos of the progress of the work shall also be submitted
with the payment application,
The application for payment document must be certified through a statement
signed by the SCHOOL BOARD's construction project manager and notarized,
declaring that representations in the invoice are true and factual.
Sugarloaf Joint Use Park
SCHOOL BOARD shall also provide partial releases of liens or certifications of
non-lien if applicable, COUNTY shall retain 10% of any payment on work In
progress until the SCHOOL BOARD has provided a FJnal Release of Lien for
each vendor/Contractor for whom payment is requested. Final payment will
not be made until the following documents are complete and submitted to
the COUNTY:
AlA Document G-702 Application for Payment Summary
AlA Document G-704 Certificate of Substantial Completion
AlA Document G-706 Contractor's Affidavit of Debts & Claims
AlA Document G-706A Contractor's Affidavit of Release of Liens
AlA Document G~ 707 Consent of Surety to Final Payment
Final Release of Lien
Affidavit and Partial Release of Lien
SCHOOL BOARD may elect to have vendors and contractors paid through the
direct vendor method, upon submission of appropriate documentation as
outlined above.
Funding under this provision of the agreement is contingent upon annual
appropriation by the COUNTY governing board.
0, COUNTY IN-HOUSE RESOURCES AND OUTSOURCE SUPPLIERS.
COUNTY shall provide as much assistance as possible with its own employees
and equipment, as well as procurements to reduce costs. It is contemplated
by the parties at the time of approving this agreement that COUNTY shall be
able to contribute significantly to groundwork preparation, Should COUNTY
be able to provide assistance beyond groundwork preparation, the parties
will act as expeditiously as possible to coordinate approval of such
contribution of COUNTY resources to the project.
E, SIGNAGE. Portable or temporary advertising signs are prohibited. It
is expected that permanent signage and signage which includes changing
messages via lighting or magnetic letters will be erected, particularly in the
form of scoreboards, and the existing "SUGARLOAF SCHOOL MARQUISn shall
be retained in its location,
4. UTIUTIES. SCHOOL BOARD shall arrange for utilities to be provided.
COUNTY shall pay one-half (1h.) of the water costs for the joint use park, and
one-half (lh) of the sewerage costs for the joint use park at any time that
School Board is connected to a centrally located wastewater treatment plant,
COUNTY shall pay 100% of the electric costs for lighting until such time as it
is determined that school event usage of the lighting features are co-equal to
the usage by the general public, including community organizations. The
parties shall share in the costs of utility connection fees, impact fees, effluent
discharge units, or any other costs associated with the placement of utility
infrastructure to provide utility services to the premises. COUNTY shall make
Sugarloaf Joint Use PIlIlc
payment pursuant to the Florida Prompt Payment Act for such utility costs as
are attributable to COUNTY under this agreement and which are properly
documented in the submission of an invoice to the COUNTY on a
[monthly/quarterly] basis. Funding under this provision of the agreement is
contingent upon annual appropriation by the COUNTY governing board.
5, ALTERATIONS and IMPROVEMENTS, No structure or
improvements of any kind, whether temporary or permanent, shall be placed
upon the land without prior approval in writing by the Superintendent of
Schools and any permits required by law by any agency, federal or state,
Any such structure or improvements shall be constructed in a good and
workmanlike manner,
Upon the natural termination of this interlocal agreement, the SCHOOL
BOARD may retain ownership of the fixtures and improvements acquired
under this agreement,
6. MECHANIC'S LIENS. SCHOOL BOARD shall not permit any
mechanic's lien or liens to be placed on the Property or on improvements on
it. If a mechanic's lien is filed, it shall be the sole responsibility of the
SCHOOL BOARD or its officer, employee, agent, contractor or other
representative causing the lien to be filed to discharge the lien and to hold
harmless and defend SCHOOL BOARD against enforcement of such lien,
7. RECORDS - ACCESS AND AUDITS. Both Parties shall maintain
adequate and complete records for a period of four years after termination of
this lease. Each Party, its officers, employees, agents and contractors shall
have access to the Other Party1s books, records, and documents related to
this Agreement upon request. The access to and inspection of such books,
records, and documents by the Parties shall occur at any reasonable time.
8. RELATIONSHIP OF PARTIES, The Parties are independent of each
other and shall at no time be legally responsible for any negligence on the
part of the Other Party, its 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 agency as defined by Florida Statutes and represents
to the other that it has purchased suitable Public Liability, Vehicle Liability,
and Workers' Compensation Insurance, or is self-insured, in amounts
adequate to respond to any and all claims 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
Sugarloaf Joi.nt Use Pm
claims within the limitations of Florida Statutes arising out of the activities
governed by this agreement.
To the extent allowed by law, each party shall be responsible for any acts of
negligence on the part of its employees, agents, contractors, and
subcontractors and shall defend, indemnify and hold the other party
harmless from all claims arising out of such actions,
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 Party
whenever acquired or amended.
11. CONDITION OF PREMISES. The SCt:lOOL BOARD must keep the
premises in good order and condition. The SCHOOL BOARD must promptly
repair damage to the premises. The SCHOOL BOARD is solely responsible for
any improvements to land and appurtenances placed on the premises,
Neither party shall commit waste on the premises, nor maintain or permit a
nuisance on the premises. It is anticipated that SCHOOL BOARD will provide
such security as it provides for the remainder of the Sugarloaf School
grounds during the life of this agreement.
A. DEDICATION FOR RECREATIONAL PURPOSES. Real property
improved through funding under this agreement shall remain dedicated for
the recreational purposes for the full twenty years which is the contracted
term of this agreement, whether or not the agreement is continued for its full
term or terminated early for any reason, including termination of the
participation of County in covering maintenance and utility costs, In the
event this provision is breached, SCHOOL BOARD shall repay to the County a
prorated amount based on a useful life for public use of 19 years. This
provision shall survive the termination date of all other provisions of this
contract until April 19, 2025.
B. MAINTENANCE. SCHOOL BOARD is responsible for the
implementation of adequate maintenance procedures to keep the real
property and improvements in good operating condition. COUNlY shall pay
one-half (1h) of the costs of maintenance up receipt of properly documented
invoices and pursuant to the Florida Prompt Payment Act, Funding under
this provision of the agreement is contingent upon annual appropriation by
the COUNlY governing board.
C. STORAGE OF HURRICANE DEBRIS. The parties have in the past
allowed the premises to be used for temporary storage of hurricane debris.
SCHOOL BOARD agrees to allow COUNTY to temporarily store hurricane
debris on other premises adjacent to Sugarloaf School in the event suchoSugadoaf Joint Use Park.
storage is needed after a hurricane.
12. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The SCHOOL BOARD shall include in all agreements funded
under this agreement the following terms:
A. Anti-discrimination. Contractor agrees that they 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, prokerage or contingent fee,
and that no employee or officer of the SCHOOL BOARD has any interest,
financially or othelWise, in contractor. For breach or violation of this
warranty, the SCHOOL BOARD 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 the County and that violation of this
paragraph may result in the County withdrawing funding for the Project.
C. Hold harmlesS/indemnification. Contractor acknowledges that this
agreement is funded at least in part by the County and agrees to indemnify
and hold harmless the County and any of its officers and employees from and
against any and all claims, liabilities, litigation, causes of action, damages,
costs, expenses (including but not limited to fees and expenses arising from
any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or
judgments (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 the County of any suit, claim or action made against the Contractor that is
related to the activity under this agreement, and will cooperate with the
County in the investigation arising as a result of any suit, action or claim
related this agreement.
D. Insurance, Contractor agrees that it maintains in force at its own expense
a liability insurance policy which will insure and indemnify the Contractor and
the County 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 obligations set forth in this agreement. At all times during
the term of this agreement and for one year after acceptance of the project,
Sugarloaf Joint USll Pm:
Contractor shall maintain on file with the County 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
$500,000 per occurrence for bodily injury/ personal injury and property
damage.
3. Comprehensive Auto Liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The Contractor, the County and the SCHOOL BOARD shall be named as
additional insured/ exempt workers compensation. 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 the County 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 federal, state, County or
City.
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 the SCHOOL
BOARD, the County, the State of Florida or authorized agents and
representatives of said government bodies.
13. HOLD HARMLESS. To the extent allowed by law, the SCHOOL
BOARD 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, County agents and contractors, and the Sheriff's
Office, its officers and employees, from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type -
induding investigation and witness costs and expenses and attorneys' fees
and costs - that arise out of or are attributable to the SCHOOL BOARD's
operations on the premises except for those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the
result of the sole negligence of the COUNTY. The SCHOOL BOARD's purchase
of the insurance required under this Agreement does not release or vitiate its
obligations under this paragraph. SCHOOL BOARD does not waive any of its
sovereign immunity rights including but not limited to those expressed in
Section 768.28, Florida Statutes.
Sugarloaf Joim USO Pa.rk
TO the extent allowed by law, the COUNTY is liable for and must fully defend,
release, discharge, indemnify and hold harmless the SCHOOL BOARD, its
members, 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 and witness costs and expenses and
attorneys' fees and costs - that arise out of or are attributable to the
COUNTY's operations on the premises except for those claims, demands,
damages, liabilities, actions, causes of action, losses, costs and expenses
that are the result of the sole negligence of the SCHOOL BOARD. The
COUNTY's purchase of the insurance required under this Agreement does not
release or vitiate its obligations under this paragraph. COUNTY does not
waive any of its sovereign immunity rights including but not limited to those
expressed in Section 768.28, Florida Statutes.
14. NON-DISCRIMINATION. The SCHOOL BOARD and the COUNTY,
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 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 in the use of premises or in the contracting for
improvements to the premises.
COUNTY and SCHOOL BOARD 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 AND SCHOOL
BOARD 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 use 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 use s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of
Sugarloaf Joint Use Pari;
disability; 10) Monroe County Code Ch. 13, Art. VII prohibiting
discrimination on the bases of race, colorl 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.
15. TERMINATION. Either party may terminate this agreement for
cause after giving to the other party at least ninety days written notice of the
breach, allowing the allegedly breaching party a period of forty-five (45)
days within which to cure said breach. Failure to cure the breach shall be
noticed by the terminating party in writing and provided to the breaching
party at least twenty (20) days prior to the termination date. Nothing in this
paragraph shall abrogate the SCHOOL BOARD's requirement to maintain the
use of the premises as a recreational facility, open to the public, unless,
pursuant to Section l1.A. of this agreement, School Board pays COUNTY a
prorated amount of the funding provided for the improvements made to
create the joint use park. '
16. ASSIGNMENT. The SCHOOL BOARD 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. All the
obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the SCHOOL BOARD and the
COUNTY.
17. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY,
whether in effect on commencement of this lease or adopted after that date.
18. INCONSISTENCY. If any item, condition or obligation of this
Agreement is in conflict with other items in this Agreement, the
inconsistencies shall be construed so as to give meaning to those terms
which limit the County's responsibility and liability.
19. 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.
20. ETHICS CLAUSE. SCHOOL BOARD warrants that it has not
employed, retained or otherwise had act on its behalf any former County
officer or employee subject to the prohibition of Section 2 of ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision, the
COUNTY may, in its discretion, terminate this Lease without liability and may
also, in its discretion, deduct from the Lease or purChase price, or otherwise
Sugarloaf low Use Parle
recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former County officer or employee.
21. CONSTRUCTION. This Agreement has been carefully reviewed by the
SCHOOL BOARD and the COUNTY. Therefore, this Agreement is not to be
construed against any party on the basis of authorship.
22. NOTICES. Notices in this Agreement, unless otherwise specified,
must be sent by certified mail to the following:
COUNlY:
SCHOOL BOARD:
County Administrator
1100 Simonton Street
Key West, FL 33040
Fred Sims, TPM Liaison
241 Trumbo Road
Key West, FL 33040
23. 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
by its duly authorized representative.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I>.t. Bv: ~.; >n ~
Mayor/Ch Jr n
SCHOOL BOARD OF MONROE COUNTY
Sugarloaf Joint Use Park
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COMf;1OSITE EXHIBIT A.2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/19/2010
Division: Public Works
Bulk Item: Yes ~ No
Department: Public Works
Staff Contact PersonlPhone #: Dent Pierce/292-4560
AGENDA ITEM WORDING: Approval for the Public Works Division to utilize three (3) PACE
American equipment trailers for equipment storage and transport needs, and the delineators stored
therein for general roadway/traffic needs.
ITEM BACKGROUND: In 2001, three (3) 18' trailers (County Unit Nos. 2151, 2152 and 2153)
were purchased for $8,950 each. Several hundred delineators were also purchased and the three
trailers and delineators were developed into a delineator deployment system to implement an Interim
Hurricane Evacuation Traffic Management Plan. The interim system was never officially used and is
no longer needed. Public Works could better utilize the trailers to securely store and transport
maintenance equipment and the delineators for roadway/traffic purposes.
PREVIOUS RELEVANT BOCC ACTION: On May 16, 2001, the BOCC approved the purchase
of the three trailers and the delineators.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST:--1!LL INDIRECT COST: --1!LL BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
1
~
05/16/01
2001/139
Board granted approval of monthly report on Change Orders reviewed by the County
Administrator.
Board granted authorization to issue two (2) Purchase Orders to Exeter Architectural
Products, Inc. for hurricane shutters for the following projects: (1) Tavernier Fire Station for
$41,730.00 and (2) Key West International Airport for $107,364.00.
Board granted authorization to issue a Purchase Order to Exeter Architectural Products,
Inc. in the amount of$158,057.00 for shutters for the Old Courthouse, and to rescind Purchase
Order to Hurricane Protection Industries, Inc.
Board granted approval of a Purchase Order to Impact Recovery Systems, Inc. not to
exceed $65,000 for the purchase of channelization markers and signs to implement the Interim
Hurricane Evacuation Traffic Management Plan for Monroe County and approval to waive
purchasing policies and procedures.
Board granted approval and authorized execution of a Quit Claim Deed of an unnamed
road in Cross Key from Monroe County to Florida Keys Mosquito Control District. The road is
currently closed and serves no purpose.
Board granted approval to award bid and authorized execution of a Standard Form of
Agreement between Monroe County and Florida Concrete Restoration for the base bid plus
Alternates A, B & C for the Marathon Library Repair project in the amount of $92,700.
Board granted approval ofa Purchase Order to Burkhard's Tractor & Equipment, Inc. or
lower vendor, in an amount not to exceed $35,000, for the purchase of three trailers to implement
the Interim Hurricane Evacuation Traffic Management Plan for Monroe County and approval to
waive purchasing policies and procedures.
Board granted approval to award bid and authorized execution of a Standard Form of
Agreement between Monroe County and Pavex Corporation in the amount of $499,472.45 for
Ramrod Key Roads ll.
Board granted approval and authorized execution of the State of Florida Commission for
the Transportation Disadvantaged Standard Coordination/Operator Contract between Monroe
County and Community Transportation Coordinator, The Guidance Clinic of the Middle Keys
serving as the Community Transportation Coordinator for the State of Florida (Contract Year
01/01/01-06/30/01).
Board granted approval and authorized execution of Amendment 002 to Contract KZ097
to Alzheimer's Disease Initiative Contract between Alliance for Aging, Inc., and the Monroe
County Board of County CommissionersIMonroe County Social Services (Monroe County In
Home Service Program, the Case Management Agency).
HURRICANE EVACUATION
, DELINEATOR DEPLOYMENT SYSTEM
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SYSTEM DEVELOPED BY:
MONROE COUNTY PUBLIC WORKS
ROADS & BRIDGES DEPARTMENT
FLEET MANAGEMENT SERVICES DEPARTMENT
FACILITIES MAINTENANCE DEPARTMENT
IN COORDINATION WITH:
MONROE COUNTY ENGINEERING DEPARTMENT
MONROE COUNTY SHERIFF'S OFFICE
September 2001
HURRICANE EVACUATION
DELINEATOR DEPLOYMENT SYSTEM
CREDITS:
CONCEPT AND DESIGN
DESIGN DEVELOPMENT
SHELVES CONSTRUCTION
CONVEYOR SYSTEM CONSTRUCTION
PARTS ACQUISITION
TRAILER TRANSPORTING
KEY TEST PERSONNEL
PROJECT SUPPORT
RUFUS FRAZIER
KEN KRICKLER
RICKIE NORRIS
NORMAN HANEY
RUFUS FRAZIER
ALBERT ADKINS
RICKIE NORRIS
KEN KRICKLER
MIKE ESTEVEZ
MARTY GATES
JODY DIEZEL
RUFUS FRAZIER
MIKE ESTEVEZ
HENRY PAULK
ERNEST SALIS
l\1ITCHELLHALL
TRUSTYS
DAVE KOPPEL
DENNIS HARBAUGH
CHARLES SYKES
BILL NEMEC
MARTY GATES
JOHN KING
RICHARD POWELL
ALBERT ADKINS
KEN KRICKLER
PRISCILLA TEASDALE
SHERIFF ROTH
ROY SANCHEZ
GLENNA MACHADA
BETHLETO
JOE MEDALLION
ORIGINAL CONCEPT
HURRiCANE EVACUATION EXTRA LANE
DELINEATOR DEPLOYMENT SYSTEM
o 6" castor
- Vertical Support
o Wheel well, 6.5"W ll.25H 71"L
- 11' 6" Line measure
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LJ Shelves, 42" offfloor
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LOAD DATA
- 300 delineators @38lbs. = 11,400
- Crew of 4 = 800 lbs
- Three Conveyors = 200 lbs.
-TOTAL = 12,400
FRONT WALL
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The next three pages are the original design drawings.
- Vertical Support
Shelves, 42" offfloor
o Delineator posts
HURRICANE EVACUATION
DELINEATOR DEPLOYMENT SYSTEM
LOAD DATAlDual conveyor)
- 290 delineators @38lbs. = 11,020
- Three Conveyors = 200 lbs.
-Cargo Weight = 11,220
-Trailer empty weight=4,480
Total Trailer weight = 15,700
14
13
LOAD DATAlSine:le Conveyor)
- 290 delineators @38lbs. = 11,020
- Two Conveyors = 120 lbs.
-Cargo Weight = 11,140
- Trailer empty weight=4,480
Total Trailer weight = 15,620
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/19/10
Division: Public Works
Bulk Item: Yes ~ No
Department: Fleet Management
Staff Contact PersonlPhone #: Roy Sanchez / 292-3572
AGENDA ITEM WORDING: Approval to transfer title of County vehicle number 2000-823 (serial
number 1FAFP36P1 YW375728) to the Marathon Wild Bird Center, Inc.
ITEM BACKGROUND: County surplus vehicle 2000-823 is a 2000 Ford Focus that was scheduled
to be advertised for sealed bids with an advertised minimum bid of $950.00. Kelly Grinter, Executive
Director of the Marathon Wild Bird Center, Inc., a 50l(c) (3) organization, recently requested that the
vehicle be transferred to the Center as they are in need of a vehicle.
PREVIOUS RELEVANT BOCC ACTION: N / A
CONTRACT/AGREEMENT CHANGES: N / A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
INDIRECT COST: BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COSTTOCOUNTY:N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No-X-AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
Re"ised 7/09
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
FROM:
Roy Sanchez, Director
Fleet Management Department
DATE:
April 13, 2010
RE:
Agenda Submission / Information Memo
The attached BOCC agenda item is a result of a request from the Executive Director of
the Marathon Wild Bird Center, Inc. that a surplus vehicle be transferred and utilized by the
Marathon Wild Bird Center, Inc.
As instructed, we confirmed they are a 501 organization as per the attached memo from
Kelly Grinter, Executive Director of the Marathon Wild Bird Center, Inc.
Thank you.
MARATHON WILD BIRD CENTER, INC.
P.O. Box 501328, Marathon, FL 33050
Located at the Museums of Crane Point, Mile Marker 50
(305)743-8382
April 1, 2010
Ron Cherry Jr.
Sr. Fleet Coordinator
Monroe County Fleet Mgt.
3583 S. Roosevelt Blvd.
Key West, Fl33040
Dear Mr. Cherry:
The Marathon Wild Bird Center, Inc. is in need of a rescue vehicle for our not-for-profit organization.
We have happily served Monroe County at no-charge since our inception in 1995, having treated well
over 12,000 sick, injured and orphaned wild birds. Unfortunately, our current 2002 Toyota Tundra has a
completely rusted frame and will not be safe and road worthy for more than a few more months.
It is my understanding that the County has available a 2000 Ford Focus that would suit our needs. I
would like to request that you seek approval from the Board of County Commissioners to provide us
with this vehicle. Your help at locating a suitable replacement rescue vehicle so promptly is sincerely
appreciated.
Regards,
Kelly Grinter
Executive Director
INTERNAL REVBNtJB SERVI:CB
l? O. BOX 2508
cmcD1NATI, OS 45201
DEPD'l'Mlm'r OF 'l'BB TREASURY
Date: SEP 0 2 2OO't
~loyer Ydentification Number:
65-1014801
DLH:
170531>94732014
ecmtact Person:
CARA D FRANCZAlC Dl# 31.452
COntact Telephone Number:
(877) 829-5500
. Publ.ic Charl.ty Status:
170 (b) (l) (A) (vi)
MARATHON 1IXLD BDD CENTER :INC
PO BOX 501328
MARATHON, FL 33050-0000
Dear Applicant:
our letter dated OCtober 30, 2000, stated you woul.d be exempt frOlll Federal
income tax UDder section 501 (c) (3) of the :rnt:erDal. Revenue Code. and you tIOuld
be treated as a public cbarity, rather than as a private foundation, during
an advance ruling period.
Based on' the information 1'011 submitted. you are classified as a public charity
under the Code section listed in the heading of this letter. Since your
exempt status was not under consideration. you continue to be classified as
an ox:ganization exempt from Federal. income tax UDder section 501 (c) (3) of the
Code.
Publ.ication 557. Tax-Exempt Status for Your Organization, provides detailed
information about your rights and responsibilities as an exempt organization.
You may request a copy :by calling the toll.-free number for fonts.
(800) 829-3676. Information is also available on our Internet Web Site at
_.irs.gov.
If you have general questions about exempt organizations, please call our
toll-free nwnber shawn in the heading between 8:00 a.m. - 6:30 p.m. Eastern
time.
Pl.ease keep this lette~ in your peJ:maIlent records.
Si4cerel.y yours,
'0. ',".. :1:,0.- ~'ot';:F"
C'~~ .~....... ~--..-'
Lou G.
Director, Exempt Organizations
Rulings and Agreements
Letter 1050 (DO/CG)
if
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/19/10
Bulk Item: Yes -X-
No
AGENDA ITEM WORDING: Approval to go out for bids for Bio-Diesel Fuel Supplier and approval
to extend the current Bio-Diesel Fuel Contract with Blaylock Oil Co. on a month to month basis for up
to three months pending completion of the bid process and award of a new contract.
ITEM BACKGROUND: The County's bio-diesel fuel provider, Blaylock Oil Company, has agreed to
ex1:end the current agreement on a month.to-111onth basis to allow the County time to complete the bid
process.
PREVIOUS RELEVANT BOCC ACTION: In May of 2009, the Board authorized execution of the
current contract with Blaylock Oil Co. At the April 21, 2010 BOCC meeting, the Board discussed the
approval to amend and renew the existing bio-diesel fuel contract with Blaylock Oil Company for one
additional year. After discussion, the Board gave verbal approval to rebid and to extend the existing
contract month to month.
CONTRACT/AGREEMENT CHANGES: N / A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
Nt A INDIRECT COST:
BUDGETED: Yes -X-No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
Re"ised 7/09
MEMORANDUM
TO:
Dent Pierce, Director
Public Works Division
/}~ //
/
Roy Sanchez, Director
Fleet Management Department ,... .
FROM:
DATE:
April 26, 2010
RE:
Agenda Submission / Information Memo
At the April 21, 2010 BOCC meeting, the Board discussed the approval to amend and
renew the existing bio-diesel fuel contract with Blaylock Oil Company for one additional year.
After discussion, the Board gave verbal approval to rebid and to extend the existing contract
month to month.
The attached agenda item is to request approval to go out for bids for Bio-Diesel Fuel
Supplier and approval to extend the current bio-diesel fuel contract with Blaylock Oil Company
on a month-to-month basis for up to three months pending completion of the bid process and
award of a new contract.
Thank you.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Blaylock Oil Company Effective Date: 5/2011 0
Expiration Date: 8/1 9/1 0
Contract PurposelDescription:Supply bio-diesel fuel to Monroe County fueling facilities
thrOUtP1out the Keys.
Contract Manager:Roy Sanchez
(Name)
3572
(Ext. )
Fleet Management
(Department)
for BOCC meeting on 5/19/10
N!;enda Deadline: 5/4/10
CONTRACT COSTS
Total Dollar Value of Contract: $47.000.00 Current Year Portion: $47.000.00 approx
approx
Budgeted? y es~ No 0 Account Codes: AIL DEPARTMENTS AND OTHER
AGENCIES-_-_-_-_
Grant: $_
County Match: $_
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $---!yr For:
(Not included iD dollar value above) (~. maintenance, utilities..ianitorial, salaries, etc.)
CONTRACT REVIEW
Prtrm
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Risk Management ~t:>
Changes
Needed . /1 () /' Reviewer
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CONTRACT
BIO-DJESEL FUEL SUPPUER
THIS AGREEMENT, made and entered into this 20lH 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 BLAYLOCK OIL COMPANY hereinafter called "Contrador".
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 {(B20 thru 899 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 andon the dates requested by such departments. Fuel shall be
deliveled 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 mnker for all
deliveries and shall be required to itemize invoices for each delivery under this provision.
AdcfltionaUy, the Contractor shaD be required to show proof of purchased price per gallon from
Terminal.
D. Upon request by the County, Contractor shalf provide dowmentation supporting most recent
pump meter certification.
E. All deliveries must be wi1nessed 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 Counf;y reserves the right to purd1ase from any licensed Contractors as needed in cases
when the Contractor cannot deliver, or in a case of emetgency as deemed best for 1I1e interests
of the County.
2. TERM OF CONTRACT
A. This contrad shall be for a period of One (1) year commencing upon the day in which it has been
executed by both parties.
B. The County shall have the option to renew this agreement after the first year, for two (2) additional
one (1) year periods.
0.3. 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 (induding property owned by Monroe County) and any other losses, damages, and expenses
(including attorneys 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 or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. The extent of liabilit)
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 shall 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 gaBon shall reflect (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 ~oaf
$ 0.237 Marathon
$ 0.237 .PJaDIation Key
$ 0.237 J{ey Largo
B30
$ 0.237 J{I:y West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 Plantation Key
$ 0.237 J{I:y Largo
B50
$ 0.237 J{ey West
$ 0.237 Sugarloaf
$ 0.237 Marathon
$ 0.237 PJautation Key
$ 0.237 J{ey Largo
B70
$ 0.237 ;Key West
$ 0.237 Sugarloaf
$ 0.237 Marathon o. $ 0.237 Plantation Key
$ 0.237 J{ey Largo
B99
$ 0.237 ;Key West
$ 0.237 Sugarloaf
$ 0.237 MaIathon
$ 0.237 Plantation Key
$ 0.237 J{ey Largo
Ultra Low Sulfur Clear Diesel Fuel
$ 0.237 ;Key West
$ 0.237 Sugarloaf
$ 0.237 Marnthon
$ 0.237 PJantationKey
$ 0.237 ;Key Largo
Ultra Low Sulfur Dved Diesel Fuel
$ 0.237 ;Key West
$ 0.237 Sugarloaf
$ 0.237 Matatbon
$ 0.237 Plantation Key
$ 0.237 Key Largo
C. The Contractor shall submit invoice to the County, itemizing the delivery location, the requestin!
deparbnent, the RACK prices, and all taxes, for each delivery to the locations desaibed 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 disaiminate 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 pr:ovision of services or
goods under this agreement .
8. ASSIGNMENT
Contractor shalt 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 shaH 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 biotal agreed-upon price of the servicesfgoods of the
Conti actor.
9. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all s1atutes,
ordinances, rules and regulations applicable to this agreement A violation Of any of the statutes, ordinances,
rules and regulations appJicab~ to this agreement shall constitute a material breach of this agreement and
shall entiUe the County to terminate these Cormadorimmediately 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 mail, 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
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 c
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 exerdse independent, professional judgment and shall
assume professional responsibility for the services to be provided. Continued funding by the County is
contingent upon retention of appropriate local, state, 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 entfty 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 tenninate the contnact by written notice. The notice
shall specify cause. The County shall pay the Contractor the contract price for goods delivered but not paid for
ory 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 shaH 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 arid 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 if
enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in It
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 I
a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to tI1
institution of any other administrative or legal proceeding.
17. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the appliCCUion thereof to any circumstano
or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, th
remaining terms, covenants, conditions and provisions of this Agreement, shaff not be affected thereby; anc
each remaining term, covenant, condition and provision of this Agreement shalf 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 fhis Agreement would prevent the accomplishment of the original intent ofthh
Agreement. The County and Contractor agree to reform tf)e Agreement to replace any stricken provision witt
a valid provision that comes as close" as possible to the intent of the stricken provision.
18. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated
or defended by any party relative to the enforcement or interpretation of..this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing party, and shafl include attorneys 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 Counf;y.
19. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the
County and Contlactor 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 afl 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 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.
23. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the formatior
exeaJtion, performance, or breach of this Agreement, Counfy and Contractor agree to participate, to the exten
required by the other party, in all prOceedings. hearings, processes, meetings, and other activities related tc
the substance of this Agreement or provision of the services under this Agreement County and Contracto
specifically agree that no party to this Agreement shall be required to enter into any arbitration proceeding~
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 disaimination 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 Rorida 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 (Pl88-352) 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 ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Ad 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 AIcohoJism 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 Ad of 1912, ss. 523 and 527 (42 use 55. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent recordS; 8) Title VlIf of the Civil Rights Ad of 1968
(42 USe s. et seq.), as amended, relating to nondisaimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Ad of 1990 (42 use s. 1201 Note), as maybe amended from time to time,
relating to nondisaimination 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 confIid 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.
26. CODE OF ETHICS
County agrees that officers and employees of theCounfy recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section 112.313, Rorida 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 SOLICITATION/PAYMENT
The County and Contractor warrant that. in respect to itself, it has neither employed nor retained any compan
or person, other than a bona fide employee working solely for it, to solicit or seaJre this Agreement and that
has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fidl
employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon 0
resulting from the award or mciking of this Agreement. For the breach or violation of the provision, tm
. Contractor agrees that the County shaD have the right to tenninate this Agreement without liability and, atih
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 shalf have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor. . _
29. NON-WAIVER OF IMMUNITIES
Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation of the County and the
Contractor in this Agreement and the acquisition of any commen:ialliability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a waiver of . immunity to
the extent of liabifity 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 Rorida constitution, state statute, and case law.
32. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
partiCUlar individual or group of individuals, entity or entities, have entitlements or benefits. under this
Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
33. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to include a Public Enti:
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 membel
officer, agent or employee of Monroe County in his or her individual capacif;y, and ~o member, officer, agent c
employee of Monroe County shall be liable personally on this Agreement or be subject to any personalliabilit:
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 ar
original, all of which taken together shall constitute one and the same instrument and any of the parties heretc
may execute this Agreement by signing any such counterpart.
36. SECTION HEADINGS
Section headings have been inserted in this Agreement asa matter of convenience of reference only, and it is
agreed that such section headings are not a part of this Agreement and win not be used in the interpretation of
any provision of this Agreement.
37. MUTUAL REVIEW
This agreement has beencarefuny reviewed by CONTRACTOR and the COUNTY, therefore this agreement is
not to be construed against either party on the basis of authorship.
38. INDEMNIFICATIONIHOLD 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 (Q any cfaims, 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 sewrity 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, (B) the negligence or Willful misconduct of lessee
or any of its employees, agents,. contractors or other in~, 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 cfaims, 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 cfaims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the teonof 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
~~. A
Sy\.. . .~
BOARD OF COUNTY COMMISSIONERS
MONR9E 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 (mcluding the pre-staging of
personnel and material), the Contractor shall obtain, at hislher own expense, insurance as specified in any
attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtainec:
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 satisfactory evidence of the required insurance has been furnished to the County w
specified below. Delays in the commencement of work, resulting from the failure (lfthe 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 faiJure. 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 faiJure to perform assesSm.ents 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 oftbirty (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 Momoe 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 GeneraI.Insurance Requirements must be requested in writing on the County
prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County
Risk Management.
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT BIO-DIESEL FUEL S1JPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
BLAYLOCK OIL COMPANY
Prior to the commencement of work governed by this ~ the Contractor sbaIl obtain General Liability
Insurance. Coverage sbaIl be maintained throughout the life of the con1Iact 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)
ff 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 provisio.tis
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 Momoe 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-DIESELFIJEL SlJPPLIER
BElWEEN
MONROE COUNTY, FLORIDA
AND
BLAYLOCK On.. 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 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 seU: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 maybe required to submit updated financial statements from the fund upon request from the
County.
WC2
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT BIO-DJESEL FIJEL 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 th€
life of the contract and include, as a mini~lrn> liability coverage for:
· Owned, Non-Own.ed, and Hired Vehicles
The minimum limits acceptable shall be:.
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements~ . .
VL3
HAZARDOUS CARGO TRANSPORTERS LIABll.JTY
INSUBANCE REQUIREMENTS
FOR .
CONTRACT BIO-DJESEL JroEL SUPPLIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
BLAYLOCK OIL COMPANY
Prior to the commencement ofwork governed by this contract, the Contractor shall purchase Pollution Liabilit)
Insurance which extends to the h~uJing of toxic and hazardous material by motorized vehicles. In compliance
with the Motor Canier Act, the policy should be endorsed with an MCS-90 Endorsement, demonstrating
financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy
shall be removed.
The minimum limits acceptable shall be:
$1,000,000 per Occurrence
VLP3
I, L .I!J,I.... '~r rc. of the city of --..1:10...... s:k..P ,fL
my oath. an~enalty of perjury, depose and say th~t:
1. lam L.U. fb~ J c..en
of the firm of ~clL Di L eo""'-f"""i
making the Bid for the servicesIWorkIprojecl described in the Requesl for Bids for.
- W - - - IS; I fVcI and that I
executed the said Bid with full authority to 00 so:
. ....... "-"'VLLU.:)'UN AFF'DA VIT
according to law
2. The prices in this bid/Bid have been arrived at independently without coliusion, COns ultallon ,
communication or agreement for the purpose of restricting competition, as to any matter retating Ie
such prices with any other bidder or with any competitor.
3. Unless otherwise required by law, the prices and percentage of return Which have been quoted in
this bid/Bid have not been knowingly disclosed by the responder and will not knOwingly be
disclosed by the responder prior 10 bid/Bid opening, directly or indirectly, to aey other
bidderlresponder 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 10 submit, a bid/Bid for the purpose of restricting
competition.
5. The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts" t /'J' service ork.
fl:. Mc&.V~ "1 20d9
(Date)
STATE OF:
~ to,,", J"'-.
DtLt!<..
COUNTY OF:
PERSONAllY APPEARED BEFORE ME, the undersigned authority, L. H .lb~ loc..fL 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.
Not'ARr Pl7BUe-srm OYlIDRlDA
jl Juan Sancl1ez
Commission #DD679118
ID~~~~
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UBL/C
My Commission Expires:
<f\Jl'1 \3. "2.0~l
.
DRUG-FREE WORKPLACE FORM
The undersi ned Contractor/biqderlresponder in accordance with Florida Statute 287.087 hereby certifies th.
lC.. r L
(Nam of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensir
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that v
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 maintainir
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,. ar
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
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 th
commodities or contractual services thatare under bid, the employee will abide by the terms of the statemer;
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapte
893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violatior
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 rehabilitatiol'1
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 J 260~
Date
STATE OF: Rov,-JOo\.
COUNTY OF: ])c.t..d.e.-
PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~....g.\t.u.t loe. \.L... who, after
first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on
this ll-h. day of Iv\. ~......-k.
I~or_.
# IlIaD ~4""
~#D~J8
. ...",.. .IPLY t. .....
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... J"v"",,,,- S
~
My Commission Expires: ..J" L, f'3. 2-0 II
L.'-'UQ' lI'l1U ANU \,;UNt-'LlGT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"
l.J.t.
"
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer 0
employee in Violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section ~
of Ordinance No. 010-1990. For breach or violation of this provision the County may, In Its discretion, terminate thi~
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". .
~~.~Io.~.
(Signature) ". t
Date: Mcw~ l',1AJ01
STATE OF:
R.o~" .Lbo-
D~
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
t-..Ac...vL-t-
l '1 "1-" ~~
,
(date) by
L. (-\. . ~ ~~("~ \r
(name of affiant). He/She is Rersonally
- -
known to me or has produced
_.
N/A
as
identification. (type of ident!fication)
NOTARY l'DBUC-8TATE OF P'LORIDA
(ji Juan Sanchez
. .'Cmnmlsslon#D.P61P1t8:'
tv Expires: ~y~, 20m J
IORIitD 111II1 A1'JAlmc: BqfJIJNO co.,mc.
....
My commission expires: .:rut, 11, 1,0\.\
:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: May 19, 2010
DIVISION: Public Works
BULK ITEM: Yes X
No
DEPARTMENT: Public Works
STAFF CONTACT PERSON/PHONE NO.: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of 2nd amendment to agreement with Humane
Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter.
ITEM BACKGROUND: The contractor has been operating the Key Largo Animal Shelter
since 1997. Their latest contract, in effect since May 1, 2007, provides for an annual CPI
adjustment; no adjustments were made in 2008 or 2009. The contractor has requested a
CPI adjustment of 2.1 % effective May 1, 2010.
PREVIOUS RELEVANT BOCC ACTION: On April 18, 2007, the Board awarded the latest
bid and contract, and on August 15, 2007, the 1st amendment was approved to clarifY
contractor responsibilities in case of hurricanes or other natural disasters.
CONTRACT/AGREEMENT CHANGES: Effective May 1, 2010, adjust contract amount to
$270, 3211yr. ($264,7611yr. plus $5,560 for 2.1 % CPI adjustment).
STAFF RECOMMENDATION: Approval.
TOTAL COST: $270,321
INDIRECT COST: nla
BUDGETED: Yes x
No
DIFFERENTIAL OF LOCAL PREFERENCE: n1a
Acct. 001-21000-530340
COST TO COUNTY
Same
SOURCE OF FUNDS: ad valorem
REVENUE GENERATED: Yes No x
APPROVED BY: Co. Atty.: /1::'1. ~~ing: Risk Management:
DOCUMENTATION: IN~UDED: 'Xi~// NOT REQUIRED: _
DISPOSITION:
AGENDA ITEM #:
Humane Animal Care Coalition, Inc.
;I J{umane Society Vedicated to tlie Care of ;InimalS
283 Saint Thomas Avenue
Key Largo, FL 33037
(305) 453-0826
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contrac HUMANE ANIMAL CARE COALITION, INe.
Contract #
Effective Date:
Expiration Date:
05101/2010
04/30/2012
Contract Purpose/Description:
Operation of the Key Largo Animal Shelter
Contract Manager:
Beth Leto
(Name)
4560
(Ext.)
Public Works - #1
(Department/Stop #)
for BOCC meeting on:
May 19,2010
Agenda Deadline: May 4, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $270,321.00
Budgeted? Y es ~ No 0
Grant: $
County Match: $
Current Year Portion: $112,633.75
Account Codes: 001-21000-530340
Estimated Ongoing Costs: $ nla Iyr.
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(e.g., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
< ,DtrfJv
,5 fit (U
Changes
Needed
YesO No[]/
~ p...J:... Revie~r
\ _) I-f ,[,v (
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'~;;~:5'~
Risk Management
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o .M.B./Purchasing
-r-
County Attorney
Li- -Ie
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YesO No,fi5b
Comments:
2nd AMENDMENT TO AGREEMENT
(Operation ofthe Key Largo Animal Shelter)
THlS 2nd AMENDfvfENT TO AGREEMENT is entered into this _ day of May, 2010,
between Monroe COWlty Board of County Commissioners (County) and Humane Animal Care
Coalition. Inc. (HACC), (Contractor) in order to amend the agreement entered into on Aprill8,
2007, as amended on August 15, 2007;
WHEREAS, th(~ terms of the original contract provide that the contract amount may be
adjusted annually by the percentage change in the Consumer Price Index (Cpr) for all urban
consumers (CPI-U) for the most recent 12 months available; and
and
WHEREAS, the: contractor did not. receive an annual CPI adjustment in 2008 or 2009,
WHEREAS, th~! Contractor has request a CPI increase of2_1% effective May 1,2010;
now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1_ In accordance with Section IV of the Agreement. the annual contract amount is adjusted
. by 2.1% CPI for all urban consumers (CPI-U) for the most recent 12 months available.
Effective May 1. 2010, the total compensation paid to the Contractor for its services
under this agreement shall be $270.321 per annum or $22,526.75 per month.
2. In all other respects. the remaining terms of the Agreement entered into on April 18.
2007, as amelided, and 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 1. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Date:
Attest:
HUMANE ANIMAL CARE COALITION.
INC.
By:
Secretary
By:7~ 7.~_
President
s-. 2t:JI'O
,
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FIRST AMENDMENT TO CONTRACT
BETWEEN HUMANE ANIMAL CARE COALITION, INC.
AND MONROE COUNTY DATED APRIL 18,2007
THIS FIRST AMENDMENT is entered into on the /~ay of August 2007,
to the Contract between Humane Animal Care Coalitio~ Inc. ("CONTRACTOR") and
Monroe County ("COUNTY") dated April 18. 2007.
WHEREAS. the Contract between CONTRACTOR and COUNfY was entered
into on the 18th day of April, 2007. to provide animal control services and enforcement of
laws related to animals; and
WHEREAS, the parties agree that the Contract should be amended to clarify the
responsibilities of CONTRACTOR in case of hurricane or other natural disaster.
NOW THEREFORE, in consideration of the mutual promises and
considerations, the parties agree to amend the Contract as follows:
1. Section E. of the Contract shall be amended to read in its entirety as follows:
"E. HURRICANE OR OTHER NATURAL DISASTER: It is the intention of
the parties that all animals under its care should be properly and safely housed and
cared for during a hurricane or other natural disaster either outside the shelter or
evacuated from the County.
a) In the event that no mandatory evacuation has been ordered by the
COUNTY. the CONTRACTOR shall designate employees who will remain in the
COUNTY prior to, during and following the disaster to care for the animals, or
make the determination to evacuate.
b) In the event a mandatory evacuation is ordered, or the
CONTRACTOR makes the detennination that evacuation is necessary, the
CONTRACTOR shall make arrangements. in anticipation of evacuation, to
provide for the orderly evacuation of all animals in its care, and to ensure the
proper care is given to the animals prior to, during and after the evacuation.
c) In either of the events listed above in (a) and (b), CONTRACTOR
shall insure that a complete record is kept of the whereabouts of all animals.
CONTRACTOR shall notify the Division Director of Community Services of the
evacuation plan being implemented for each event prior to moving of the animals
from the shelter; and shall supply the names and addresses of all the employees
who are entrusted with the care of animals prior to, during and following a
disaster to the Division Director of Community Services."
Page I of 2
~~.. ,--,-.-.__.~ '_~N~'_~,....~___ .......
2. The remaining terms of the Contrac4 not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have been executed this Agreement as of
,,~date firSt written above.
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Date: ;W]. 1. .' 700!
Witness to CONTRACTOR:
Signature
Print Name
Address:
DATE:
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~----.._........_._._._.. ~.,.
Board of County Commissioners
OfMO.h~_Coun~ ! . a
By: ,~~~~~
Mario Di Gc:;m1irQ, Mayor
Date: JolUli 1 5 Z007
CONTRACTOR: A .,JI,L-.
7h...- 7.~
Signature
T)I1WJ4S F. Garrettsl'Jl1I
Print Name
fre.sld'eMf H/fCC!.. III e
Print title
DATE: ,J'1t/\/ 3 " 2-DD')
,
CONTRACT
TIllS CONTRACT, entered this \~ tb day of ~r\ \ ,2007, by and Between the Board of
County Commissioners of Monroe County, Florida COUNTY), and '"'" ")l"t\.A.ne.. A'l':' <IY\ A \ c..A~
(CONTRACTOR). Co.","\,",,'.C~ .~c..
WHEREAS, County has certain responsibilities under State and COWlty laws, to provide animal control
services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the
County that a contract with a private provider of such services, NOW TI-lEREFORE
IN CONSIDERA nON 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, VY\ A 'i \ . 2007 and
ending at 12:00 midnight on 14~l""-' \ ~ 0 . 2012. 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 $ ~(g"t I .., "" l. 00 per annum. The COlUlty 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 $~~r month.
The Contractor shall provide a monthly invoice on the l,t day of each mOIrthtot.heDivision of
Community Services, and payment shall be made on or about the 1st 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 tenninated immediately at the option
of the COWlty 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
Largo Animal Shelter located at 105951 U. S. Highway 1, Key Largo, Florida 33037, and
provide complete animal control and enforcement services from Mile Marker 70 through Mile
Marker 112 including Ocean Reef and the Village ofIslamorada
1. STAFF: The Contractor will fully staff, operate and perfonn all current fWlctions 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 Division or his
designee prior to implementation.
2. COMPLIANCE WIlli LAW: The Contractor shall cooperate with the Monroe County
Health Department and follow all local and state laws, regulations and procedures, including but
18
not limited to Rules 64D-3.040, Procedures for Control of Specific Communicable Diseases and
Chapter 64B16-29, 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 Veterinmy Medical Examiners for the State of
Florida for consultations and/or professional services.
(c) The Contractor shall provide the personnel and materials necessaty 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 COWlty
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
Comnnmity Services Division or his designee.
(d) The Contractor shaH 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 area" 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 Division 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
19
Agreement attached hereto unless modified by written and signed directive from
the Director of Community Services Division.
(c) The contractor shall enforce the provisions of the contract, including, but not
limited to, taking any action necessmy 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. PTOtocols for intake, care, adoption, return to owners, and other disposal of animals.
3. PTOtocols 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 m~tenance 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. Veterimuy Health Care
d. Animal Behavior
e. Ani mal Handling
f. Breed Identification & characteristics
g. Obedience Trainmg
h. Behavior Problem Solving
1. Counseling Methods
J. Conflict Management (required of all law enforcement personnel)
k. Grief Counseling
L Telephone Manners and Customer Service Skills
*ltems 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 vohmteer.
7. Adoption Guidelines, which shall absolutelv 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.
20
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.
d. Requirement that County's Adoption Agreement (or similar adoption
agreement approved in writing by County's Director of Community Services
Division) by utilized for each and every adoption and enforced if the animal is
not spayed or neutered at the time of the transfer of ownership.
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 ]0:00 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 Conllmmity Services Division, or his designee, with copies of the Animal Control
Officer Training Program Certificates.
2. Emergency services (24-hours per day/7-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 reguJar 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
con.trol of the Contractor, in accordance with all applicable laws, regulations and
ordmances.
21
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 COWlty in court proceedings when required. Further, upon
termination of this agreement, the Contractor shall complete all cases originated by
Contractor induding 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 Division 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 Connty bank accounts, and all requests for waiver of
any fines or fees owed to the County must be submitted in writing on the COlmty-approved affidavit
form to the Director of Community Services Division 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. 599-2006, as same may be amended from time to time; said Resolution is
attached hereto and marked Exhibit "B." 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 Division 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 Division 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 aU animals. In
this regard, the Contractor shall designate at least three (3) employees who will be able to remain in the
COlmty 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 Comty during and after a Category 1, 2 or 3
Hurricane or natural disaster.
22
F. PETS IN SHELTERS: Contractor shall provide the services 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 tenns, 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 hereWlder, and the COWlty 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 WIder 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 five (5) years, for one (I) 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-V) 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 tenn of this contract, appropriate licenses and approvals required to conduct its business,
and that it will at aU 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
COlDlty employees. The provider shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services 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 persOIUlel 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 fu))y qualified, and,
required, to be authorized or pennitted under State and local law to perfonn 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.
23
IX VEHICLES:
The Comty hereby leases to the Contractor two (2) County vehicles currently assigned to the Shelter
identified as follows:
1999 Chevrolet Astra Van (Unit 0911/020)
2000 Dodge 1500 Pickup Truck (Unit 09) 1-021)
NOTE: 1999 CHEVROLET ASTRO VAN UNIT (0911-020) IS BEING
REPLACED WITH A 2007 FORD CARGO VAN !Ii TON (ON
ORDER/UNIT NUMBER ASSIGNED WHEN RECEIVED FROM
COMPANY)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate
said vehicle. In addition, the Contractor shall be responsible for repairs to said vehicle and shall maintain
it in accordance with the maintenance schedule attached hereto as Exhibit "E." The Contractor shall
provide an average of four (4) oil changes annually for said vehicle, and shall schedule vehicle
inspections with Monroe County Fleet Management no less than three times annually. 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 CommlUlity
Services Division or his designee to document and verify that the required maintenance has been
performed. Nothing herein shall prevent the CO\mty from inspecting the vehicle at any reasonable time.
X. HOLD HARMLESSIINSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of County
Commissioners and the County Court of Monroe Comty 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, thejr 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 execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance
indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as
INSCKLST 1-5, as further detailed on forms WCl, GL1, GLS, GIR I, and VLI, each attached hereto and
incorporated as part of this contract document, and all other requirements found to be in the best interest
of Monroe County as may be imposed by the Monroe COl.Ulty Risk Management Department.
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 shaH not be used to defray or reduce
24
COWlty 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. F ACILmES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition and the Contractor
shall allow the Comty 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 herem, the County shall perform an inventOlY 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 Comty and the
district for which he shall provide services and has made investigations to fully satisfy himself that such
slte(s) is (are) correct and suitable for this work and he asswnes 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 circwnstances, 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 surroWlding 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 Division or his designee. Requests for
25
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:
ComIty 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 55. 1681-1683, and 1685-1686), which prohibits discrimination on the basis ofsex~ 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 5S. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The DruB 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 29000-3). as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VllI 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
subj ect 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 accoWlting
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. CATIRACCOONTRAPS:
26
The COooty 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 irrunediately 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 Cm.mty Administrator may designate representatives to visit the
facility(ies) periodically to conduct random open file evaluations during the Contractor's nonnal
business hours.
XXIV. lERMlNATION 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 Willi CAUSE:
The COl.mty 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 any one oftbe
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 tenn, condition or requirement of this agreement.
XXVI. ASSIGNMENT:
The Contractor shaH 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 necessaty. Thi~
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
27
therein, such approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
XXVII.
COMPLIANCE WIlli 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 tenninate this
contract immediately upon delivery of written notice of termination to the contractor. The contractor shall
possess proper licenses to perform work in accordance with these specifications throughout the term of
this contract.
XXVII 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 CClunty.
xxvm.
FINANCIAL RESPONSIBILITY:
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.
XXIX. 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 COl.D1ty Administrator
1100 Simonton Street
Key West, FL 33040
and
County Attorney
PO Box 1026
Key West, FL 33041-1026
and
Deb Barsell, Director
Monroe Cmmty Community Services Division
1100 Simonton Street, Rm. 2-256
Key West, FL 33040
FOR CONTRACTOR:
XXX. TAXES:
28
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 Wlder this contract, nor is the Contractor authorized to use the COWlty'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 LUlder this agreement.
XXXI. GOVERNING LAWS:
This Agreement is governed by the laws of the State of Florida Veoue for any litigation arising lDlder
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 petform
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 lWO for a period of 36 months from the date of being placed on the
convicted vendor list. (CATEGORY TWO: $25,000.00).
XXXN.
AUTHORIZED SIGNATORY:
The signatory for the Contractor, below, certifies and wanants 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 marmer as this agreement.
IN WlTNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in foUT (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mo, 1 01- I c...", A '~l'f\ A iI"\
29
~Af~
(SEAL)
Attest:
By:
WITNESS
Title:
By:
WITNESS
Title:
CONTRACTOR
BY:~).~~
Title: f~
\'\ U'lY\ ~'("\. e. A ""\'I"f\ A \ C A.,.,<.
c.o,c.\.,~',cx--,-c ('\c..
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30
NON-COLLUSION AFFIDAVIT
I, 1A_WllfjS F: Ga.t't'f!-ttSDN of the city of Key )...4,"'0
law on my oath, and under penalty of perjury, depose and say that:
according to
. ..
1. I am Pre. S IJ.J:A.i of the finn of HIA.....1Ii! )}'u-.' Cctt:. CD4(.f,-4i the bidder
making the Proposal for the project described in the Notice for Calling for Bids for:
P~e.'l"..f';MI ,~ U,PI'!.t' Key J1.1f..w:..( .t:;Ae/f4(,
2. I executed the said proposal with full authority to do so.
3. The. prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor.
4. Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening. directly or indirectly, to any other bidder or to any competitor.
5. No attempt has been made or will be made b the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition.
6. The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts
for said project.
7~7~
(Signature of Bidder)
~ /1, ~l1lJ?
(Date)
-
STATE OF: FLQ~i bA
COUNTY OF: Vf1/\f\! en E:.
PERSONALL Y APPEARED BEFORE ME, the undersigned authority, 1& NU\S. (:.- C.; Affl.:tfS4fVwho. ( )
provided ~L ]). L. as proof of identity, or ( ) is personally known to me, and
having been first sworn by me, affixed hislher signature in the space provided above on this ~ day of
iY\ A ic:-lJ\ ... Lo07
_"~':J:::~::',,. CHRISTINE G BULLOCK
/~m"~ ~~~Notary PublIc . Slate of Florida
~.: · '~~.kIll2,2007
~,;},~ {t:.$ Commld!on '# 00222480
"".'?r,~,., Bonded ByNatlonal Notary Assn.
~~v -1 ~ck--
NOTARY PUBLIC
Y Commission Expires: ~ 0 7
34
SWORN STATEMENT UNDER ORDINANCE NO. 10~ 1990
MONROE COUNTY. FLORIDA
Enncs CLAUSE
7/,(JWlA' F (; 41're H-J.4tN warrants that heftt has not employed, retained or
otherwise had act on his/its behalf any fonner 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. 1O~
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.
7~ 7~~-
(Signature)
~ /~ %#D?
(Date )
STATE OF JW{lJ vA
COUNTY OF VVI bN e.o ~
PERSONALLY APPEARED BEFORE :ME, the undersigned authority, ll+OM A 'S . E b ft{2 e ~J1Sd .J
who, after first being sworn by me, affixe~er signature (name of
individual signing) in the space provided above on this .JlJ!1.. day of MMZcC-l ...2.007 ,~.
rYAAt..slJJ~ 11 ~dL.
NOTARY PUBLIC
My commission expires: (.. Ii t-/ c")
OMB - MCP FORM #4
'"'~~'~:''''' CHRlSnNE G BULLOCK
.;'Ji: .% Notary PublIc: . Stat. of Florida
. . 11
i~. . COII.,....I~.b'Il2.2007
~ Commission # 00222480
... '.11' IlondedBvNatlonalNorarvAssn.
35
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.081 hereby certifies that:
.
I!"WI#I"'wt}. 11J1lm.', ~.,.e ~t)4/' III;'; I,EYre.
(Name of Business) ,
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing.
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Infonos 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 tenos 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 fino complies fully with the above
requirements.
~ ? ~~,~~: I~~ II"~ .I",~
Bidder's Signature
~ " :2",';
Date
36
PI)BLIC EN:rITY CRIME STATEMENT
"A person or :dfiliSllte 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 constructi.oo. 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 t for CATEOOR Y TWO for a period of 36
months from the date of being placed on the convicted vendor list."
I have read the above and state that neither 71~M.5 F Ga.rretfs.DN
(Respondent' s name) nor any Affiliate bas been placed on the convicted
vendor list within the last 36 months.
7.4.~? 7 ~
(Signature)
Date: /lJ.,d If, 20()?
...
STATE OF: Floe! oA
COUNTY OF: ffio f\J 120 f:
Subscribe and sworn to (or affirmed) before me on 1Y1A-e.0-~ 12..,200 '7
(date) by Tlf,\lVlI\S r Qh12RI71t)orJ (name of affiant). @She is
personally known to me or has produced i=' L 'l), L '
(type of identification) as identification.
Q~JL ~cj,L;
NOTARYPUBUC
''", CHRISTINE G BULLOCK
1]-,. -~:~~\ Notary PubtIc - state of FIoIIda
-' . '~~""12.2007
:~" ~$ Commission" 00222480
--'..'r..r.i."'- Bonded Iv Nallonal NoIary Assn.
My CommiASion Expires: 10(( L{ 07
38
A CORP.
CERTIFICATE OF LIABILITY INSURANCE
DATE IMMIODlVYYV)
PRODUCER (516)822-6550
Prince Associates, Inc.
183 Ilroadway
Hicksville. NY 11801
FAX (516)8ZZ-6S~~
03/17/2010
~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
rN~Y AN~CONFERS:NO RIGHTS UPON THE CERTIFICATE
I ,';. QI\IlE~. HIS CERTIFICATE DOES NOT AMEND, EXTEND OR
. L'Tl':fIt t ~ E COVERAGE AFFORDED BY THE POLICIES BELOW.
iNSiiREOHUMANE ANIMAL CAR'E d>ALiTION~ INC"
283 Saint Thomas Avenue
Key Largo. FL 33037
1--- - :
.h_, _IINSUE!'.~~~~I?IN~C~~~~~~~.._. _ _ _,.~~~!..__ ,._
IINSURE"A lit. Paul ~velers Ins. Co. I
INSUAER" . Hartford .l;nsllranceCo.' - - -','- -~-----
r:~::;-.~-~~~ 'f~ - - -.__.~-= -~-= ~~.~~~
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO IHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO~ 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 B~ THE POLICIES DESCRIBED HEReIN!S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS Of SUCH
POLICIES AGGREGATE LIMITS SHOWN MA~ HAVE BEEN REDUCED llY PAID CLAIMS
~: H~r --;;;;;;;~~CE -- 'l-'~-~'~.Y~B~-;------' tmctsrJ~E~~~:r'M~~~~~~--- -'-_..~---~-"~--------
GEHERALL"'"'Ul'Y 16609H6H762COF061 04/01/2010 . 04/01/2011 '-C. ~~~~~._. .~i' .,__!.co!>.Q.OO
t'~-'l_~COMMERCIALGENERAl.UABIUT\' I I i~~~~~~}_ ~o_----.!9~OO
J ClAIMS MADE Ci OCCUR ~ ~MEOE)cP(An"o,",punon) $ 5.00
A _ _______u I IP~!.~Y ~_....!..OOO...LQQ
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AUTOMOBILE UABIUTY
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(Ea oc:6dMI)
BODILY INJURY
{Pet person)
BOOll Y INJURY
IPar .codenl)
i ANY AUTO
PROPERTY DAMAGE
{Per 8COdenl)
AUTO ONLY - EAACCIOEHT S
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AGG S
EXCESS / UMBRELLA LlA8'U'N
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EACH OCCURRENCE $
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t- I RETENTION ,
WORKERS COMPENSATION --r-
i ....11'0 EMPLOYERS' L.IA8ILJTY Y I N I
I ANY PROPRIETORIPARTNER/EXECUTlVEO '
B QFFiCER/MEMBER EXCLJOEO? 0
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! ~~ECI~L1R"OV=NS tHtIow
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---oEiCRlPTION OF OPERATIONS/lOGA nONS I VEHICLES I EXCLUSIONS AOOEO BY EHDORSEMENl : SPECIAL PROVISIONS
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I\GGREGATe
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:ertificate Holder is Additional Insured with regard to Animal Control and as agreed to
IY a signed written agreement/contract.
CERTIFICATE HOLDER
CANCELLATION
Monroe County Board
Attn: Risk Manager
1100 Simonen Street
Room 2-2.68
Key West. FL 33040
I
""CORD 25 (2009/01)
of CDli'I11issions
S1"lOUlO ANV OF THE ABQVE DESCRIBED POLICIES BE CANCELLI:>) DEFORE THE eXPIRA liON
DATE THER.EOF, HIE ISSUING INSlJRER 'MLL ENDEAVOR TO IrAA.IL ~ DAYS WRITTEN
NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 8UT FAILURE TO 00 SO SHALL
IMPOSt N008llGnTlON OR LIABILITY OF ANY KINO UPON THE lNSUFlER, ITS AGENTS OR
REPAEStNTAT1VE$_
AU'lHORIZEO REPRESE"NTAtNE
!craig Sherman
@ 1988.2009 ACORD CORPORA TION~ All rights reserved.
The ACORD name and logo ar. registered marks 01 ACORD
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Division:
Public Works
Bulk Item: Yes ~ No
Department: Facilities Maintenance
Staff Contact PersonlPhone #:John W. King/292-4531
AGENDA ITEM WORDING: Approval of Agreement with Congresswoman Ileana Ros-Lehtinen
for office space at the Murray E. Nelson Government and Cultural Center in Key Largo, FL
ITEM BACKGROUND: In 2009, the Congresswoman Ileana Ros-Lehtinen requested use of County
office space at the Murray E. Nelson Government and Cultural Center. Due to County personnel
downsizing office space was available. Congresswoman Ros-Lehtinen 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 Congresswoman Ileana Ros-Lehtinen for office space.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: maintenance/utility costs INDIRECT COST: N/A BUDGETED: Yes lNo
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
same
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes~~o X AMOUNT PER MONTH_ Year $
APPROVED BY: County Ally rr OMB/Purchasing _ Risk Management 1'(1)-
DOCUMENTATION: Indued X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
DATE:
April 23, 2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - May 19, 2010 BOCC Meeting
Agreement - Congresswoman Ileana Ros- Lehtinen
In 2009, Congresswoman Ileana Ros-Lehtinen requested 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. The
Congresswoman has requested continued use of the office space, but due to this being an election
year the lease will only be until December 31, 2010. Depending on the election outcome, the
Congresswoman may request an agreement for a longer period oftime.
I hereby request approval of this one-year agreement with Congresswoman Ileana Ros-Lehtinen to
commence March 19,2010 and terminate December 31,2010.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Congresswoman Ileana Contract #_
Ros- Lehtinen Effective Date: March 19,2010
Expiration Date: December 31, 2010
Contract Purpose/Description:
Agreement with Congresswoman Ileana Ros-Lehtinen to for office space at the
Murray E. Nelson Government and Cultural Center in Key Largo, FL
Contract Manager: JoB. Walters 4549 Facilities Maint/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 05/19/10 Agenda Deadline: 05/04/10
CONTRACTCOSTSffiEVENUE
Total Dollar Value of Contract: $ -0-
Budgeted? Yes X No D 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
PNe !n
Division Director S~
Risk Management ~ /''-1 -tZ)
PJCG
O.M.B./Purchasing 5/'1 -ID YesD No~
County Attorney ~~; YesD No]El
Changes
Needed (l j) / Reviewer
YesD NoB C~;, ,) (:f:;\..- ~
YesDNoD . \li-\e.ccSs
Date Out
c;j (1/ I 0
Comments:
-1 ;)
I: '-"
~.^",,,,.,,-",,-
OMB Form Revised 2/27/01 MCP #2
AGREEMENT
THIS AGREEMENT, made this _th day of , 20]0 by and
between the Board of County Commissioners of Monroe County, Florida (hereinafter
"BOCC") and U.S. Representative Ileana Ros-Lehtinen, (hereinafter "the
Congresswoman"), an elected official of the United States government.
WHEREAS, the BOCC leases premises to other governmental agencies servicing
the County community; and
WHEREAS, the Congresswoman 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 ] 22 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
19,20] 0 and terminating on December 3],2010.
2. Demise of Premises. The BOCC rents to the Congresswoman
approximately one hundred twenty-two (122) square feet of office space at
the Murray E. Nelson Government and Cultural Center, located at 102050
Overseas Highway in Key Largo, Florida (hereinafter "the premises"), in
accordance with this Agreement as amended by District Office Lease
Attachment (Exhibit "A") attached hereto and incorporated herein.
3. BOCC Responsibility. The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the Congresswoman as can be provided without
requiring an increase in personnel, any purchase or lease of real or
personal property, or any other out-of-pocket expenditures.
4. Relationship of Parties. The Congresswoman is, and shall be, in the
performance of all works, services, and activities under this Agreement, a
government entity independent from the BOCC and not an employee,
agent or servant of the BOCC. The Congresswoman shall exercise
control, direction, and supervision over the means and manner of
personnel and volunteers through which she performs the functions of her
office. Although this Agreement is a cooperative agreement, similar in
many respects (but not all) to a partnership, the Congresswoman 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
Ros-Lehtinen Ag MEN Bldg 3/20 I 0-20 11
provided for in this agreement. The BOCC shall at no time be legally
responsible for any negligence, gross negligence, or intentional conduct on
the part of the Congresswoman, her employees, agents or volunteers
resulting in either bodily or personal injury or property damage to any
individual, property or business entity.
5. Modification. Additions to, modification to, or deletions from the
provision 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.
6. Breach and Penalties. The parties agree to full performance of the
covenants contained in the 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.
7. Hold Harmless. The parties to this agreement stipulate that Monroe
County is a governmental agency as defined by Florida Statutes and
represents to the Congresswoman that it has purchased suitable Public
Liability, Vehicle Liability, and Workers' Compensation insurance, or is
self-insured, in amount adequate to respond to any and all claims within
the limitations of Florida Statute 768.28 and 440, arising out of the
activities governed by this agreement. The Congresswoman is an official
of the Federal government and represents that in such capacity, she and
her staff have insurance coverage in an amount adequate to respond to any
and all claims arising under this agreement. Each party shall be
responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors. Responsibility for defending claims
arising out of and during the performance of this contract shall survive the
termination date.
8. 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 Congresswoman agrees that venue for any dispute will lie in
Monroe County, Florida.
b. The Congresswoman 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,
Ros-Lehtinen Ag MEN Bldg 3/20 I 0-20 II 2
age or national ongln 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 Congresswoman.
9. Taxes. The BOCC is exempt from Federal, Excise and State of Florida
Sales Tax.
10. Finance Charges. The BOCC will not be responsible for any finance
charges.
II. 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.
12. Force Maieure: The Congresswoman shall not be liable for delay in
performance or failure to perform, in whole or in part, the services due to
the occurrence of any contingency beyond its control or the control of any
of its sub-contractors or suppliers, including labor dispute, strike, labor
shortage, war or act of war, whether an actual declaration thereof is made
or not, act of terrorism impacting travel in the United States, insurrection,
sabotage, riot or civil commotion, act of public enemy, epidemic,
quarantine restriction, accident, fire, explosion, storm, flood, drought or
other act of God, act of any governmental authority, jurisdictional action,
or insufficient supply of fuel, electricity, or materials or supplies, or
technical failure where the Congresswoman has exercised reasonable care
in the prevention thereof, and any such delay or failure shall not constitute
a breach of the Agreement. The Congresswoman shall notify the BOCC
of any delay or failure to perform within five (5) days of such action.
Upon demand of the BOCC, the Congresswoman must furnish evidence of
the causes of such delay or failure.
13. Assignment. Except as provided in the District Office Lease Attachment,
the Congresswoman 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
consent of the BOCC. In the event of such consent, this agreement shall
be binding upon the Congresswoman's successors and assigns.
Ros-Lehtinen Ag MEN Bldg 3/2010-201) 3
14. Disclosure. The Congresswoman 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 Congresswoman
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.
15. Additional Conditions. The Congresswoman agrees to accept additional
conditions governing the use of funds or performance of work as may be
required by federal, state or local statute, ordinance or regulation or by
other policy adopted by the BOCC. Such additional conditions shall not
become effective until the Congresswoman has been notified in writing
and no such additional conditions shall be imposed retroactively.
16. Independent Professional Judgment. The Congresswoman shall at all
times exercise independent professional judgment and shall assume full
responsibility for the service to be provided and the work to be completed.
] 7. Care of Property. The Congresswoman shall be responsible to the BOCC
for the safekeeping and proper use of the property entrusted to the
Congresswoman'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.
18. Ethics Clause. To the extent applicable, the Congresswoman warrants that
she has not employed, retained or otherwise had act on his behalf any
former County officer or employee subject to the prohibition of Section 2
of Ordinance No. ] 0-] 990 or any BOCC officer or employee in violation
of Section 3 of Ordinance No. 10-1990. For breach or violation of this
provision the BOCC may, in its discretion, terminate this agreement
without liability and may also, at its discretion, deduct from the sums
owed under the agreement, or otherwise recover, the full amount of any
fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
19. Termination. Termination of the 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
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
Ros-Lehtinen Ag MEN Bldg 3/2010-2011 4
its act 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.
18. 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 5 hereof.
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
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
By~lJ'~
1#
T;tlc PI!i!h4;f ~ p#
By
Tit'e(".nV131re?>(~f AJ.e_
Ros-Lehtinen Ag MEN Bldg 3/2010-2011
5
District Office Lease Attachment
(Page 1 of 3 - version 1.11)
I. LESSOR (Landlord) and LESSEE (Member of Congress) agree that this District Office Lease
Attachment ("A TT ACHM ENT") is incorporated into and made part of the District Office Lease
("LEASE") to which it is attached.
2. LESSOR expressly acknowledges that neither the U.S. House of Representatives ("HOUSE") not
its Officers are ]iable for the performance of the LEASE. LESSOR further expressly
acknowledges that payments made by the Chief Administrative Officer of the HOUSE ("CAO")
to LESSOR to satisfy LESSEE's rent obligations under the LEASE - which payments are made
solely on behalf of LESSEE in support of his/her official and representational duties as a Member
of the U.S. House of Representatives - shall create no legal obligation or liability on the part of
the CAO or the HOUSE whatsoever. LESSEE shall be solely responsible for the performance of
the LEASE and LESSOR expressly agrees to look solely to LESSEE for such performance.
3. Any amendment to the LEASE must be in writing and signed by the LESSOR and LESSE.
4. LESSOR and LESSEE understand and acknowledge that the LEASE shall not be valid, and the
CAO will not authorized the disbursement of funds to the LESSOR, until the Administrative
Counsel for the CAO ("Administrative Counsel") has reviewed the LEASE to determine that it
complies with the Rules of the HOUSE and the Regulations of the Committee on House
Administration, and approved the LEASE by signing below. LESSOR and LESSEE also
understand and acknowledge that the Administrative Counsel must review and approve any
substantive amendments to the LEASE.
5. The LEASE is a fixed term lease with equal monthly installments for which payment is due at the
end of each calendar month. In the event of a payment dispute, LESSOR agrees to contact the
Office of Finance of the HOUSE at 202-225-7474 to attempt to resolve the dispute before
contacting LESSEE.
6. The term of the LEASE may not exceed the constitutional term of the Congress to which the
LESSEE has been elected.
7. Any provision in the LEASE purporting to require the payment of a security deposit shall have no
force or effect. Furthermore, any provision in the LEASE purporting to vary the dollar amount of
the rent specified in the LEASE by any cost of living clause, operating expense clause, pro rata
expense clause, elevator clause, escalator clause, or any other adjustment or measure during the
term of the LEASE shall have no force or effect.
8. If either LESSOR or LESSEE terminates the LEASE under the terms of the LEASE, the
terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives, 241 Longworth House Office Building, Washington,
D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer,
U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515.
9. LESSOR agrees to maintain in good order, at its sole expense, all public and common areas of the
building including, but not limited to, all sidewalks, parking areas, carpets, elevators, escalators,
entry ways, exits, alleys, and other like areas. LESSOR also agrees to maintain, repair in good
order, or replaces as needed, at its sole expense, all structural and other components of the
premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors,
windows, doors, foundations, carpets, fixtures, and all mechanical, plumbing. electrical and air
conditioning/heating systems or equipment serving the premises. LESSOR shall be liable for any
District Office Lease Attachment
(Page 2 of 3 - version 1.11)
damage, either to persons or property, sustained by LESSEE or any of his or her employees or
guests, caused by LESSOR's failure to fulfill its obligations under this paragraph.
10. LESSOR agrees that the Federal Tort Claims Act, 28 U.S.C. ~~ 2671-80, satisfies any and all
obligations on the part of the LESSEE to purchase private liability insurance.
II. LESSOR agrees that neither LESSEE nor the HOUSE or any of the HOUSE's officers or
employees will indemnify LESSOR against any liability of LESSOR to any third party that may
arise during or as a result of the LEASE or LESSEE's tenancy.
12. LESSOR agrees to promptly notify LESSEE in writing in the event LESSOR sells, transfers, or
otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy
proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed
upon; or in the event of any similar occurrence. LESSEE shall promptly file a copy of any such
notice with the Office of Finance, 241 Longworth House Office Building, Washington, D.C.
20515.
] 3. LESSOR shall be solely responsible for complying with all applicable permitting and zoning
ordinances or requirements, and with all local and state building codes, safety codes and handicap
accessibility codes (including the Americans with Disabilities Act).
14. If LESSOR permits the LESSEE to holdover, all terms of the LEASE (including the monthly
rent) shall continue unaltered during ay period of such holdover tenancy. Thereafter, any such
holdover tenancy begins, the LEASE may be terminated by either party giving 30 days written
notice to the other party. The commencement date of such termi nation notice shall be the date
such notice is delivered, faxed, or, if mailed, the date such notice is postmarked.
15. LESSOR agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to
provide the Office of Finance, U.S. House of Representatives, with all banking information
necessary to facilitate such payments.
16. LESSOR shall promptly refund to the CAO, without formal demand, any payment made to the
LESSOR by the CAO for any period for which rent is not owed because the LESASE has ended
or been terminated.
17. The parties agree that any charges for default, early termination, or cancellation of the LEASE,
which results from actions taken by or on behalfofthe LESSEE shall be the sole responsibility of
the LESSEE.
18. In the event LESSEE dies, resigns, or is removed from office during the term of this LEASE, the
Clerk of the HOUSE may, at his or her sole option, either (a) terminate this LEASE by giving
thirty (30) days written notice to LESSOR, or (b) assume the obligation of the LEASE and
continue to occupy the premises for a period not to exceed sixty (60) days following the election
of the LESSEE's successor. In the event the Clerk elects to terminate the LEASE, the
commencement date of such thirty (30) day termination notice shall be the date such notice is
delivered or, if mailed, the date on which such notice is postmarked.
] 9. Should any provision of this Attachment be inconsistent with any proVISIOn of the attached
LEASE (or with any subsequent or additional amendments thereto), the provisions of this
District Office Lease Attachment
(Page 3 of 3 - version 1.11)
Attachment shall control, and those inconsistent provisions of the LEASE (or any subsequent or
additional amendments thereto), shall have no force and effect to the extent of such inconsistency.
20. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender
include all other genders and, wherever appropriate, words in the singular include the plural and
vice versa.
21. This lease is entered into at fair market value as the result of a bona fide, arms-length,
marketplace transaction. The LESSOR and LESEE certify that the parties are not related nor
have had, or continue to have, a business relationship (except as a landlord and tenant
relationship).
22. The LESSEE certifies that the office space that is the subject of this lease is located within the
district for which the LESSEE was elected to represent.
~.o dO:5~ LPA-hVeiJ
LESSEE/Member of Congress)
Print Name (LESSOR/Landlord)
~,~
LESSOR Signature
LESSEE Signature
'tP1//0
(Date)
(Date)
F rom tho Momb~tffi", who ,ho"'d b"oo","d ~;tjJ.<l;;btioOJ ,.- ,~, ! f ki fiIP].-
Name -M.ffi( . ~tt/V V Phone (~) g ~ ~ e-mail 1 nft @mall.house.gov
This District Office Lease Attachment and the attached LEASE have been reviewed and are approved,
Pursuant to Regulations of the Committee on House Administration.
,20_
Signed
Date
(Administrative Counsel)
Send completed form to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515.
Copies may also be faxed to 202-225-6999
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May 19.2010
Division:
Public Works
Bulk Item: Yes ~ No
Department: Facilities Maintenance
Staff Contact PersonlPhone #:JoOO W. King / 292-4531
AGENDA ITEM WORDING: Approval to amend the agreement and exercise the second and final option to
renew the contract with U. S. Water Services Corporation for the operation and maintenance of the sewage
treatment plant at the Roth Building.
ITEM BACKGROUND: On May 31, 2010, the current contract with U. S. Water Services Corporation will
expire. The original contract dated May 21,2008, was for one year, with two one-year options to renew. Staff
recommends exercising the second renewal option for the final one-year period in accordance with Paragraph 5
of the contract.
PREVIOUS RELEVANT BOCC ACTION: On May 21, 2008, the BOCC approved award and execution of
a contract with U. S. Water Services Corporation. On April 15, 2009, the BOCC approved an amendment and
first renewal of the contract.
CONTRACT/AGREEMENT CHANGES: Renew contract to commence on June 1,2010 and terminate May
31,2011, to include an increase in cost by the CPI-U of2.7% as follows: Monthly Operation and Maintenance
charges shall increase from $701.26 per month to $720.19 per month. Repairs during normal working hours
beyond the $500.00 limit shall increase from $75.08 per hour to $77.11 per hour. Emergency service calls for
overtime hours shall increase from $112.62 per hour to $115.66.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 8.642.33/op/maint INDIRECT COST:
Repairs: Regular hours $77.11; OT $115.66
BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $ same
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X
County Atty rr10MBlPorChaSing_
AMOUNTPERMONTH_ Year
APPROVED BY:
1!\i1(
Risk Management 1..!..G
DOCUMENTATION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
DATE:
April 28, 2010
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - May 19, 2010 BOCC Meeting
Approval to Exercise Second Renewal Option - Contract with U.S.
Water Services Corporation - Operation and Maintenance of the
Wastewater Treatment Plant - Roth Building
The contract will expire May 31, 2010 with one one-year renewal option remaining. Staff
recommends exercising the second renewal option to renew in accordance with Paragraph 5 of the
contract. Both parties would like to exercise this final renewal option.
I hereby request approval to exercise the second option to renew the contract with U. S. Water
Services Corporation for the operation and maintenance of the wastewater treatment plant at the
Roth Building.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: D.S.Water Services Corp Contract #_
Effective Date: 06/01/10
Expiration Date: 05/31/11
Contract Purpose/Description:
Operation and Maintenance of the Wastewater Treatment Plant at the Roth Building
Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1
(N ame) (Ext. ) (Department/Stop #)
for BOCC meeting on 05/19/10 Agenda Deadline: 05/04/1 0
Total Dollar Value of Contract: $
Budgeted? YeslZl No 0
Grant: $ N/A
County Match: $ N/ A
CONTRACT COSTS
8,642.33 +
Current Year Portion: $
2,880.76 +
repaIrS
repairs
Account Codes: 001-20501-530-340-_
- - - -
-----
- - - -
-----
- -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
p~tl.ee 1 In
Division Director S~
Risk Management i>) '\'1
o.J~/Purchasing t)~Y: -I [)
i \
County Attorney 5/q \ \6
I \
Comments:
OMB Form Revised 2/27/01 Mep #2
CONTRACT REVIEW
Changes
Needed
YesO No[3
Date Out
si (0
.- ,.'\
(-)~u . ( (..1
YesON~
<_c,~..,--_..~.....-"....-
./
I
//
SECOND RENEWAL AGREEMENT
OPERATION AND MAINTENANCE
W ASTEW ATER TREATMENT PLANT - Rom BUILDING
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
U. S. WATER SERVICES CORPORATION, a Florida corporation, whose address is 4939 Cross
Bayou Boulevard, New Port Richey, Florida 34652 (hereinafter "Contractor") .
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for operation and
maintenance of wastewater treatment plant for the ROTH BUILDING located in Monroe County
(hereinafter "Original Agreement"); and
WHEREAS, the parties hereto did on April 15, 2009 amend and renew the first renewal; 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:
1. In accordance with the original agreement, Paragraph 3, CONTRACT AMOUNT, the
Contract amount is being adjusted 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 and shall be based upon the CPI-U computation at December 31 of the previous year as
follows: Monthly operation and maintenance service amount from $701.26 to $720.19, for an annual
amount of $8,642.33; labor for repairs (as described in the original agreement) during normal working
hours from $75.08 to $77.11 and emergency service calls from $112.62 to $115.66.
2. In accordance with the original agreement, Paragraph 5, TERM OF AGREEMENT, the
County exercises option to renew the Original Agreement for the first of the two (2) terms. This term will
commence on June 1, 2010 and terminate May 31, 2011.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
~i~esses for C~NTRACTOR:
"-~_ ~/ ).I~)" l\[\. i ~OO'--
~
Signature
Mayor/Chairperson
u. S. WATER SERVICES CORPORA nON
By ~~~ ~<~
Print Name ~A->J ,0 b. <;"c-'\,-,,--,,-
C'" \j '"':">
:::.Q- .\-
-;J;2~f ;/Jt.-
19nature
Date
f' .-,. ..,-,.
~."-'~"
.j-'" .,'
~ "--,. , ... . -,"
it.
AMEND:MENT and 1-~.! RENEWAL AGREEMENT
OPERATION AND MAINTENANCE
WASTEWATER TREATMENT PLANT - ROTH BUILDING
. -"",THIS ~eNT AND 1"' RENEWAL AGREEMENT is made and entered into this
~ day of . -' 2009, between MONROE COUNTY (hereinafter "County" or
"Owner'), a politica subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, and U. S. WATER SERVICES CORPORATION, a Florida corporation, whose
address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652 (hereinafter "Contractor")) .
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for operation and
maintenance of wastewater treatment plant for the ROTH BUILDING located in Monroe County
(hereinafter "Original Agreement"); and
WHEREAS, both parties desire to amend Paragraph 1 to clarify language in the Agreement; and
WHEREAS, both parties desire to amend Paragraph 2 as follows: (a) to clarify language in "Item
vili.q", and (b) to add a new subsection uF'; 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 Amendment
and 1st Renewal Agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1. Paragraph 1 of the Original Agreement is amended to read as follows:
"The Agreement consists of this document, the bid documents and the attached exhibits
only."
2. Paragraph 2, SCOPE OF WORK, is amended as follows
A Clarify language in "Item viii.q." to read:
q. Provide all digester sludge removal services: Maximum of four removals
annually, when required. Any additional removals in excess of 1,200 gallons require
the County's prior written approval; the contractor shall notify the Facilities
Maintenance Department when such additional removals are anticipated. The
cost breakdown for any removals beyond the four cited above shall consist of the
disposal cost to the contractor plus 25% handling charge. The Contractor shall be
solely responsible for all sludge removal services and any required testing. The
Contractor shall submit to the Facilities Maintenance department a copy of the
landfill inbound charge/dump ticket(s) after every sludge removal service; and
B. To add an additional subsection UF" as follows:
F. In the event of a major component failure or system breakdown, the COUNTY,
when deemed as an emergency situation, shall have the option to request from the
CONTRACTOR only, a proposal/quote for replacement equipment in an amount that
could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and
including $10,000 must be approved and signed by the Division Director and/or the
County Administrator. Any proposal over $10,000 up to and including $25,000 must
be approved and signed by the Division Director and the County Administrator.
-1-
,
3. In accordance with the original agreement, Paragraph 3, CONTRAcr AMOUNT, the
Contract amount is being adjusted .1 % in accordance with the percentage change in the U S.
Department of Commerce Consumer Price Index: (CPI-U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U
computation at December 31 of the previous year as follows: Monthly operation and
maintenance service amount from $700.56 to $701.26, for an annual amount of $8,415.U;
labor for repairs (as described in the original agreement) during normal working hours from
$75.00 to $75.08 and emergency service calls from $112.50 to $112.62.
4. In accordance with the original agreement, Paragraph 5, TERM OF AGREEMENT, the
County exercises option to renew the Original Agreement for the first of the two (2) terms.
~~ This term will commence on June 1, 2009 and terminate May 31, 2010.
~o~"
;;'O~-' ~ '~>>?TNESS WHEREOF, the parties hereto have set their hands and seals the day and year
h'L1!. \~ rsf~vLi,,~~~en.
f~ r.-/s.> \ \.r :;;: ,.~~
! 0 ~'%~(SE ~ ~+} ~ BOARD OF COUNTY COMMISSIONERS
\~~ ~y~y~ .~~.: L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
,\~,:@i"~~"'~~ ~/ ~ n ~
~"'~ /'~,. ~
'. .:.,.:'--...... - . ",~ ' By ~ 1&;.,. ~,
-'---....'B-v- "'''"~ g-
...~.;J~~,
Deputy Oerk Mayor/Chairperson
dforCO~CTOR;
~.L\~
. a: e
'3>~ ~O ~
Date
~fYl(\)(f1j ~~'J~
Signature
3-~o~oq
Date
U.S.
By:
Print Name "D/WI\~ ~ _ Sc.~ \"'"\""l
~tl-- \J . <p~~
(:/:;
- 2-
."- ( ...:..__..J:
'''I ~. .,
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY, FLORIDA
AGREEMENT FOR OPERATION AND MAINTENANCE
WASTEWATER TREATMENT PLANT - ROTH BUILDING
'aT-
This Agreement is made and entered into this ~/-day of ,2008,
between MONROE COUNTY, FLORIDA ("COUNTY"), a poll al s ivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
U. S. WATER SERVICES CORPORATION ("CONTRACTOR"), a Florida
corporation, whose address is 4939 Cross Bayou Boulevard, New Port Richey, FL
34652.
WHEREAS, COUNTY desires to provide operation and maintenance of
wastewater treatment plant for the ROTH BUILDING, Monroe County, and
WHEREAS, CONTRACTOR desires and is able to provide operation and
maintenance of wastewater treatment plant for the ROTH BUILDING, Monroe County;
and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
operation and maintenance of wastewater treatment plant for the ROTH BUILDING
Monroe County, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document and its exhibits only.
2. SCOPE OF THE WORK:
A. The Contractor's services shall include all DEP requirements stipulated in
the Operating Permit (attached as Exhibit A) in order to operate the
facility efficiently and reliably, and to maintain the facility according to
the Permit. The Contractor shall invoice the County for the operation and
maintenance services on a monthly basis, in arrears, at the fee schedule
rate.
i. Comply with all conditions specified within the current Permit
for this facility. -
ii. Comply with all DEP rules, Florida Statutes, and county and
local regulations pertaining to the operation and maintenance of
Agreement
1
January 2008
c '_
I
t
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNlY, FLORIDA
wastewater facilities, systems of treatment and control, and
related appurtenances.
iii. Notify the County Facilities Maintenance Department, by written
notice, of changes in DEP rules, Florida Statues, county and local
regulations, as they apply to plant permitting or operations.
iv. Become familiar with all Permit requirements, DEP rules,
Florida Statutes, and county and local regulations which affect
the above referenced wastewater facility. . In addition, the
contractor shall advise and make recommendation to the County
on matter concerning the operation of the facility, and shall
provide written notification to the County of any and all
deficiencies encountered that may result in a non-compliance
operating violation. This notification shall include the
observation of the deficiencies, recommended corrections, and
cost estimates. Said notification shall be delivered to the
Facilities Maintenance Director for review and approval. In the
event that the County shall receive a notice on nonooCompliance
or of potential viol,ation, written notice shall be given the
contractor.
v. Provide, and maintain on site, records as required by the Permit
conditions. The Contractor shall submit supplemental copies of
record documents and monthly operation'reports (MaR) to the
Facilities Maintenance Director.
vi. Inspect and maintain the facility's equipment, practices, and
operation regulated or required by the Permit conditions.
vii. Perform all other routine operation and maintenance tasks for the
facility as part of the monthly service and included in the
monthly fee such as, but not limited to, the following:
a. Operate the wastewater facility according to the
manufacturer's specifications and pursuant to the Federal,
State, County, and local regulatory rules with particular
attention to Horida Laws, Chapter 403 and the Florida
Administrative Codes, 62-600, 62-604, 62-610, 62-611,
62-640, F .A.C., and other applicable sections;
b. Inspect and lubricate all equipment which requires
lubrication in accordance with the manufacturer's
specification and recommendations
c. Supply, monitor, and record chlorine feed and effluent
residuals regularly. Chlorine costs shall be included in the
monthly operation and maintenance fee.
Agreement
2
January 2008
I.... f..
I
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUN1Y, FLORIDA
d. Replace motorlblower belts when required (labor and parts
furnished by the Contractor);
e. Clean blower filters on a regular basis;
f. Repair minor electrical and plumbing problems at the
contractors cost of$500.00 and below;
g. Perform minor repairs of pump station equipment and
controls at the contractors cost of $500.00 and below;
h. Maintain proper adjustment of all apparatus controls;
i. Maintain all painte.d surfaces;
j. Record the daily flow in gallons per day;
k. Record the Ph of effluent;
1. Daily maintain air to all required components of the
treatment plant. The contractor shall individually check
and clean all air diffusers and skimmers as required, then
adjust aeration as required to maintain plant balance;
m. Check sludge return;
n. Transfer sludge as required to various plant components
and concentrate into the digester as necessary to maintain
plant operating efficiency;
o. Mechanically check standby equipment weekly;
p. Clean and hose down plant regularly to maintain good
housekeeping of the facility, and remove all unsightly
debris and materials from facility area on a regular basis;
q. Provide all digester sludge removal services: Maximum of
four removals annually, when required. Any additional
removals require the County's prior written approval; the
contractor shall notify the Facilities Maintenance
Department when such additional removals are anticipated.
The cost breakdown for any removals beyond the four cited
above shall consist of the disposal cost to the contractor
plus 25% handling charge. The Contractor shall be solely
responsible for all sludge removal services and any
required testing. The Contractor shall submit to the
Facilities Maintenance department a copy of the landfill
inbound charge ticket(s) after every sludge removal
service; and
viii. Provide for emergency standby pumping services for the
facility (inclusive of all necessary equipment, materials, and
Agreement
3
JanuBIY 2008
I '_
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PtANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY, FLORIDA '
labor) in the event that an unusual occurrence makes it
necessary to immediately pump out a plant to prevent untreated
wastewater from improperly escaping into the environment.
The Contractor shall perform this function to the best of the
Contractor's ability considering the circumstances surrounding
the unusual occurrence, and such occurrences shall qualify this
as an emergency service.
ix. Provide sampling, testing, results, and monitoring of any
substances or parameters at any locations reasonably necessary
to assure compliance with the Permit conditions or DEP rules.
x. Protect the County from any condition which may result in
non-compliance with DEP rules, Florida Statutes, or county or
local regulations to the best extent possible. Inform the County
immediately and in writing at once upon recognition of a
potential problem.
xi. Maintain a copy of the current Operating Permit on site.
xii. Maintain monitoring and record keeping as required by the
Permit conditions, DEP rules, county and local regulations.
B. REF AIRS
The Contractor shall make all repairs as necessary to assure that the
facility is operating- efficiently, reliably, and in accordance with all
requirements of the DEP and the DEP Operating Permit. When the
Contractor deems a repair to be necessary, and over $500.00, the
Contractor shall prepare a detailed cost estimate based on the fee schedule
rates stipulated in the contract for labor, actual cost of parts needed to
make the repairs, plus the handling charge as indicated in the contract.
The Contractor shall initiate the approved repairs within 48 hours of said
approval. Upon completion of the repairs, the Contractor shall document
the work performed as is required by the DEP Operating Permit and other
on-site service logs.
In any month in which the total for Repairs (as defined above) does not
exceed $500.00, the Contractor will not invoice said amount to County
and will be responsible for said amount.
In any month in which (a Repair) Repairs (as defined above) exceed
$500.00, the Contractor will invoice and the County will pay the full
amount stated on the invoice.
C. EMERGENCY SERVICE
The County shall contact the Contractor immedi~tely when an emergency
call,is needed. The Contractor shall also notify the Co~ty immediately in
Agreement
4
JanuaIY 2008
I _
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY, FLORIDA
the event of a facility emergency. The Contractor and the County shall
make entries into a log, which shall include; the date and time the problem
was discovered, a description of the problem, the date and time the
contractor was notified, the date and time the contractor arrived at the
facility, the date and time the Contractor departed, and a summary of the
steps taken to rectify the problem. The Contractor shall respond to all
emergency calls which occur during nonna! working hours and holidays
and weekends within three hours of notification by the County (see
Section 2.05 Exceptions). The Contractor and the County shall
simultaneously log the time the County contracted the contractor for an
emergency service documentation of the above time requirements. The
Contractor shall invoice the County for after-hour, weekend and holiday
emergencies based on the applicable hourly rate indicated in the contract,
the actual costs of any parts used to rectify the problem, plus the
applicable percentage as stipulated in the contract.
D. ADDITIONAL SERVICES
When requested by the County, the Contractor shall advise and
recommend, in writing to the County, any needed improvements, and shall
invoice the County at the fee schedule rates for labor as specified in the
contract.
E. EXCEPTIONS
All of the above described tasks or requirements shall be considered
routine duties of the contractor except:
i. Repairs 'which are over the $500.00 limit, as defmed in Section 2.B.
REPAIRS, shall be based on the fee schedule rates for labor for
"Emergency Service Calls (Monday - Friday after normal working
hours)" outlined in the contract.
u. The Contractor shall not be held responsible for the inability to
perfonn due to factors beyond the Contractor's control.
3. CONTRACT AMOUNT
l"he County shall pay to the Contractor for the faithful performance of the Contract, in
lawful money of the United States, as follows: .
1) Monthly Operation and Maintenance Services
(as outlined in the contract specifications)
$ 700.56 per month
58.407.00 per year
2) Repairs - beyond the $500.00 limit (routine, prior
approval required). Normal working hours of
8:00 a.m. to 5:00 p.m. Monday through Friday,
Agreement
5'
January 2008
I _
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNlY, FLORIDA
excluding holidays
$ 75.00 per hour
3) Emergency service call. Overtime rate for
hours other than normal hours as stated above,
includmg weekends and holidays.
$112.50 per hour
4) Handling fee for parts required for operation, maintenance,
Repairs and emergency services.
Cost + 25 %
5) Sludge removal (beyond four per year required as
Regular maintenance)
Cost + 2S %
Note: There are no additional costs for travel, mileage, meals, 01' lodging.
The Contractor's request for payment must itemize each of the costs stated above.
4. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida Local Government Prompf
Payment Act; payment will be made after delivery and inspection by
COUNTY and upon submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears.
Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds. ' .
D. In any month in which the total for Repairs (as defined above) does not
exceed $500.00, the Contractor will not invoice said amount to County and
will be responsible for said amount.
In any month in which Repairs (as defined above) exceed $500.00, the
Contractor will invoice and the County will pay the full amount stated on the
invoice."
5. TERM OF AGREEMENT
This Agreement shall commence on June 1. 2008. and ends upon Mav 31. 2009, unless
terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two
(2) one year periods at terms and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term. Unless the
context clearly indicates otherwise, references to the "term" of this Agreement shall mean
the initial term of one (1) year.
Agreement
6
January 2008
I _
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY, FLORIDA
The Contract amount shall be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI~U) for all
Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based
upon the CPI~U computation at December 31 of the previous year..
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the
COUNTY upon request.
6. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to CONTRACTOR.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE
CONTRACTOR covenants and agrees to indemnify and hold harmless Momoe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Momoe
County) and any other losses, damages, and expenses (including attorney's fees) w:hich
arise out of, in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, errors, or other wrongful act. of omission of
CONTRACTO~ its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of
this agreement.
Agreement
7
January 2008
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY, FLORIDA
Prior ,to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LlABll..TIY INSURANCE:
Where applicable, worker's compensation coverage to apply for all employees at a
minimum statutory limit as required by Florida Law, and Employee's Liability coverage
in the amount of$lOO.OOO.OO bodily injury by accident, $500.000.00 bodily injury by
disease, policy limits, and $100.000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBll..E VEHICLE LIABILITY INSURANCE: Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than $100.000.00 per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. If single limits are provided, the minimum
acceptable limits are $100.000.00 per person, $300.000.00 per occurrence, and
$50;000.00 property damage. Coverage shall include all owned vehicles, all non-owned
vehicles, and all hired vehicles.
COMMERCIAL GENERAL LlABll..ITY: 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.
POLLUTION LIABILITY - The minimum limits of liability shall be: $500,000 per
Occurrence combined single limit, $1,000,000 Aggregate
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided
to the COUNTY at the time of execution of this Agreement and certified copies provided
if requested. Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be 'provided to the COUNTY before any
policy or coverage is canceled or restricted. The underwriter of such insurance shall be
qualified to do business in the State of Florida. If requested by the County Administrator,
the insurance coverage shall be primary insurance with respect to the COUNTY, its
officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED
AS ADDITIONAL INSURED.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any Agreement entered into by the COUNTY be required to
contain any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONfRACTOR is an independent
and not an employee of the Board of COUNTY Commissioners of Monroe COUNTY.
Agreement
8
January 2008
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER. MONROE COUNTY, FLORIDA .
No statement contailled in this agreement shall be construed so as to fmd
CONTRACTOR or any of his employees, subs, servants, or agents to be employees of
the Board of COUNTY Commissioners of Monroe COUNTY.
11. NONDISCRIMINATION
eOUNTY 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 d~te 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 use ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 use s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discriminatiqn 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 arJ).ended, 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 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 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 COUNTY and CONTRACTOR to, or
the subject matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CON'fRA.CTOR shall not assign, or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approval shall be subject
to such conditions and provisions as the Board may deem necessary. This paragtaph shall
be incorporated by reference into any assignment or subcontract and any assignee or sub
shall comply with all of the provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REOUIREMENTS
In providing all services/goods pursuant to this "agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect
Agreement
9
January 2008
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNlY, FLORIDA
and hereinafter adopted Compliance with all laws includes, but is not limited to, the
immigration laws of the Federal and State government. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this Agreement.
14. DISCLOSURE AND CONFLICf OF INTEREST
GONTRACTOR 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. COUNTY agrees that officers and employees of
the COUNTY recognize and will be required to comply with the standards of conduct fat
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any fmancial interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for
it, to solicit or secure-this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRAcrOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfIll the terms of this contract.
16. NOTICE REOUIREMENT
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:
Agreement
10
January 200B
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY, FLORIDA
FOR COUNTY:
. Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevarq
Key West, FL. 33040
and
Monroe County Attorney
PO. Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
U. S. Water Services Corporation
A TI'N: R Scott Lewis
4939 Cross Bayou Boulevard
New Port Richey, FL 34652
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from
paying sales tax to its suppliers for materials used to fulfill its obligations under this
contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
18. TERMINATION
A. The COUNTY may terminate this Agreement with or without cause prior to
the commencement of work.
B. The COUNTY or CONTRACTOR may terminate this Agreement for cause
with seven (1) days notice to CONTRACTOR. Cause shall constitute a
breach of the obligations of either party to perform the obligations enumerated
under this Agreement.
C. Either of the parties hereto may cancel this agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so with
neither party having any further obligation under the term s of the contract
upon termination.
19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a 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. Mediation proceedings initiated and conducted pursuant to this Agreemen~
Agreement
11
January 2008
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUN1Y, FLORIDA
shall be in accor4ance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
21. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) sball 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 ~nd provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party
agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is
the prevailing party or not, through all levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREE:MENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
COUNTY and CONTRACTOR If no resolution. can be agreed upon within 30 clays
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 COUNTY and CONTRACTOR, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formatio;t4 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.
Agreement
12
January 2008
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PlANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY, FLORIDA
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
27. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
28. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to infonn, 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.
29. ATIESTATIONS
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.
30. 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.
31. 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
Agreement
13
January 2008
.
,
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNlY. FLORIDA
instrwnent and any of COUNTY and CONTRACTOR hereto may execute this
Agreement by singing any such counterpart.
32. 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 Agreement.
35. PUBLIC ENTITY CRIME 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 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 Construction Mariager, 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."
36. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions an4 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
37. LEGAL OBUGATIONS AND RESPONSmILITffiS AND NON-
DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTffiS
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
pennitted by the Florida constitution, state statute, and case law.
38. 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
Agreement
14
January 2008
OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - ROTH BUILDING,
TAVERNIER, MONROE COUNTY. FLORIDA
39. INCORPORATION OF BID DOCUMENTS.
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
40. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the
County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated and the County has no further obligation under the terms of this Agreement to
the Contractor beyond that already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONlRACTOR hereto have executed
. t9J.~f.~@:~e~t on the day and date first written above in four (4) counterparts, each.of
.- 'A~hicH';:~a:'U;'Without proof or accounting for the other counterparts, be' deemed an
! {<~:.::origm8;I.\OOl1:traCt..,
. ~~~~~~iKOLHA~ CLERK
"~"~~@\ ,",,. \ '." (\ \C\_ jJ _+:
"By'~:":'~~\l... ~ ~
'-'Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
~~~
Mayor Mario i Gennaro
Date:
(0- \ <(; ,a<<.
Date:
(0- \ ~-O~
~" Lfn<;a;/;J
Signature
't7~ES CORPORATION
Signature of person authorized to
legally bind Corporation
Date: AfJr,'t- ,jo...,;)~
K 5:;;r iaJ,":s
Print Name
Address: t.fU~ -Ccs.:; 8~ Bt.:c)
7a;r?-SI.fB-8dfj2-
Telephone Number
Witnesses for CONTRACTOR:
t.j- jo,..68
~cr"-J
Si . ture
'--f- .3 Q - 0 ~
Date
Agreement
15
January 2008
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
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
ST AFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:N/A
REVENUE PRODUCING: Yes
Noll AMOUNTPERMONTH_ Year
APPROVED BY:
County Ally lL ~chasing X
Risk Management N/ A
DOCUMENT A TION:
Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
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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: 148-5130-50001-530318
Cost Center #50001 Growth Mgmt Admin
For the Amount: $12,000.00
To: 148-5150-51000-530340
Cost Center #51000 Comp Plan
Legal Services
Other Contractual Svcs
From: 148-5130-85525-590990
Cost Center #85525 Reserves 148
For the Amount: $10,000.00
To: 148-5130-69004-530490
Cost Center #69004 Tax Collector 148
Other Uses
Misc
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is
hereby authorized and directed to make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting
of said Board held on the 19th day of May, AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 1 fund 148 transfers
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 2010 now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased
by the amount hereinafter set forth:
Fund #125 - Governmental Fund Type Grants
Cost Center # 22540 Trafic Signal Maintenance
Project # GM1001 Trafic Signal Maintenance
Function 5400 Activity 5410 OffclJDiv# 1013
Contract Number: A-PP06 Financial Project # 405576-1-88-03
F.E.I.D. # VF596-000-749-099
Revenue:
125-22540-3344900T -GM1 001
State Grants-Transportation
$10,514.22
Total Revenue
$10,514.22
Appropriations:
125-22540-560630-GMl 00 1-560630
Capital Outlay-Infrastructure
$10,514.22
Total Appropriations:
$10,514.22
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of
said Board held on the 19th day of May 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 12522540 GMIOOI Traffic Signal Maintenance
OMB Schedule Item Number 3
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to
account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010 now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased
by the amount hereinafter set forth:
Fund #125 - Governmental Fund Type Grants
Cost Center # 22541 Tom's Harbor Channel Brdge
Project # GMI002 Tom's Harbor Channel Brdge
Function 5400 Activity 5410 Offcl/Div# 1013
CSFA 55.009 Financial Project # 428550-1-58-01
Revenue:
125-22541-3344900T -GMl 002
125-22541-381102GT -GMl 002
State Grants-Transportation
Transfer fm Fund 102
$1,159,433.00
$ 411,347.00
Total Revenue
$1,570,780.00
Appropriations:
125-22541-560630-GMI002-560630
Capital Outlay-Infrastructure
$1,570,780.00
Total Appropriations:
$1,570,780.00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of
said Board held on the 19th day of May AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 3 unant 12522541 GMI002 Toms Harbor Channel Brdge
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 #125 Gov Fund Type Grants
Cost Center #6153709 CCDA
Function#5600 Activity#5640
Official Division#1016
Revenue:
125-6153709-3346900H
State Grots-Hmn Svc
$42,208.00
$42,208.00
Total Revenue:
Appropriations:
125-5640-6153709-530340
Other Contractual Salaries
$42,208.00
Total Appropriations:
$42,208.00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 19th day of May, 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 125 6153709 CCDA
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 20 I 0, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year
20 I 0 as, hereinafter set forth to and from the following accounts:
Fund # 102 Road & Bridge Fund
From: 102-5130-85504-590990
Cost Center #85504 Reserves 102
For the Amount: $158,125.00
To: 102-5810-86501-590125
Cost Center #86501 Budgeted Transfers 102
Other Uses
Transfer to Fund 125
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is
hereby authorized and directed to make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting
of said Board held on the 19th day of May, 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 102 trfr fin 85504 to 86501
Resolution No.
OMB Schedule Item Number 6
- 2010
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted
transfers in the Monroe County Budget for the Fiscal Year 20 I 0, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year
2010 as, hereinafter set forth to and from the following accounts:
Fund # 404 Key West Int'l Airport
From: 404-5130-85536-590990
Cost Center #85536 Reserves 404
For the Amount: $78,012.98
To: 404-5420-63001-510120
Cost Center #63001 Key West Airport O&M
From: 404-5130-85536-590990
Cost Center #85536 Reserves 404
For the Amount: $167,082.41
To: 404-5420-63001-510140
Cost Center #63001 Key West Airport O&M
From: 404-5130-85536-590990
Cost Center #85536 Reserves 404
For the Amount: $18,189.29
To: 404-5420-63001-510210
Cost Center #63001 Key West Airport O&M
From: 404-5130-85536-590990
Cost Center #85536 Reserves 404
For the Amount: $26,715.32
To: 404-5420-63001-510220
Cost Center #63001 Key West Airport O&M
From: 404-5420-63002-560640
Cost Center #63002 Key West Airport R&R
For the Amount: $21,536.58
To: 404-5420-63001-510220
Cost Center #63001 Key West Airport O&M
From: 404-5420-63002-560640
Cost Center #63002 Key West Airport R&R
For the Amount: $6,571.32
To: 404-5420-63001-510240
Cost Center #63001 Key West Airport O&M
From: 404-5420-63002-560640
Cost Center #63002 Key West Airport R&R
For the Amount: $2,090.40
To: 404-5420-63001-510250
Cost Center #63001 Key West Airport O&M
Item 6 fund 404 transfers
Other Uses
Regular Salaries & Wages
Other Uses
Overtime
Other Uses
Fica
Other Uses
Retirement
Capital Outlay-Equipment
Retirement
Capital Outlay-Equipment
Worker's Comp
Capital Outlay-Equipment
Unemployment
page I
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is
hereby authorized and directed to make necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting
of said Board held on the 19th day of May, 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 fund 404 transfers
page 2
OMB Schedule Item Number 7
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:
125-6153909-3346900H
State Grnts-Hmn Svc
$1.466.00
Total Revenue:
$1,466.00
Appropriations:
125-5640-6153909-510120
Regular Salaries & Wages
$1.466.00
$1,466.00
Total Appropriations:
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 19th day of May, 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 7 unant Fund 125 6153909 HCE amend#5
OMB Schedule Item Number 8
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 # 406 PFC & Oper Restrictions
From: 406-5420-63603-560620
Cost Center #63603 Passenger Facility Charge
For the Amount: $44.00
To: 406-5420-636140-530490-GAKAP134-530310
Cost Center #636140 NIP Ph 7 Design 037-37
Ca pitalOutlay- Buildings
Prof. 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 19th day of May, 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 fund 406 transfer fm 63603 to 636140 GAKAP134
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19, 2010
Division: County Administrator
Bulk Item: Yes l No
Department: OMB
Staff Contact: Ernie Coughlin X4315
AGENDA ITEM WORDING:
Approval to award bid and enter into a contract with Keys Security Inc. for an amount not to exceed
$60,000.00 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key
Security District.
ITEM BACKGROUND: Sealed bids for this service were opened on March 23,2010 at 3:00 PM.
The five responsive bids are as follows: Keys Security Inc. $46,720/year @ $ 16.00/hr, American Eagle
Sentry $64,015.44/year, National Alliance Security Agency Inc. $46,833.20 @ 16.10/hr, Excelsior
Defense $55,764.80 @ 19.15/hr, and Barkley Security Agency Inc. $46,155.20 @ 15.85/hr.
On April 21, 2010 the Duck Key Security Advisory Board met to consider the bids and recommended
to award the contract to Keys Security Inc.
PREVIOUS RELEVANT BOCC ACTION: On November 15, 2006, the BOCC approved a one
(1) year agreement for security patrols and services to the Duck Key Security District with Keys
Security Inc. On October 21,2009, the BOCC granted approval and authorized execution of a
contract extension with the same company on a month to month basis and approval to advertise
for sealed bids for security patrols and services to the Duck Key Security District.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Not to exceed $60,000/year BUDGETED: Yes -L No
COST TO COUNTY:
SOURCE OF FUNDS: Non Ad Valorem Spec. Assessment
REVENUE PRODUCING: Yes
No AMOUNT PER MONTH Year
APPROVED BY:
County A~ 07Sing _ Risk Management_
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Keys Security Inc. Contract # -
Effective Date: May 1,2010
Expiration Date: April 30, 2011
Contract Purpose/Description:
Security and patrol services for the Duck Key Security District.
.
Contract Manager: Ernie Coughlin 4315 OMB Stop # I
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 5/19/10 Agenda Deadline: 5/4/10
CONTRACT COSTS
Total Dollar Value of Contract: $ Not to
exceed
$60,000
Account Codes:
Current Year Portion: $
Budgeted? Yes[g]
Grant: $
County Match: $
NoD
152-04501-530340-_ _
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date Out
;:;;$
Division Director
Risk Management b ~/(J
O.~./Purchasing ~IO
~\~~\0
YesD No[2:f
YeSDNO~
OMB Form Revised 2/27/01 Mep #2
CONTRACT
THIS AGREEMENT, made and entered into this 19th day of May 2010, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County"), and Keys
Security Inc. (hereinafter called the "Contractor").
WHEREAS, The Duck Key Security Advisory Council is desirous of having a contractor
for security patrols and services in the security district; and
WHEREAS, The Monroe County Board of County Commissioners as the governing body
of County is authorized to enter into contracts on the Advisory Board's behalf; and
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set
forth, mutually agree as follow:
1. THE CONTRACT
The contract between the County and the Contractor, of which this agreement is a part, consists of
the contract documents, which are as follows: This agreement and any amendments executed by
the parties hereafter, together with all required insurance documentation, the response to Request
for Bid (RFB), and the RFB, including but not limited to, the general terms, and conditions in
Section 2. In the event of a discrepancy between the documents, those most favorable to the
County shall prevail.
2. SCOPE OF THE WORK
The contractor shall provide Security and Patrols service as described in Attachment A in the Duck
Key Security District for the County. Additional security services shall be provided by the
contractor which may from time to time be requested by the Duck Key Security District Advisory
Board. Any such additional security services shall be billed at the normal hourly rate specified in
paragraph 3.A. The District Board will document the authorization for additional hours in writing
and said documentation shall be submitted by Contractor with the relevant invoices. 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. The provider shall at all
times exercise independent, professional judgment and shall assume professional responsibility for
the services to be provided. Contractor shall provide services using the following standards as a
minimum requirement:
A. Staffing
The Contractor shall maintain adequate staffing levels to provide the services required.
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 or the Duck Key Security District. All personnel
engaged in performing services under this contract shall be fully qualified, and authorized
or permitted under State and local law to perform such services.
1
B. Contractor's Records
1) The contractor shall maintain financial records in accordance with generally accepted
accounting principles. An annual financial report audited and certified by a licensed
Certified Public Accountant shall be provided to the County Clerk within one hundred
twenty (120) days following the close of the Contractor's fiscal year. The certified
financial report shall be in such detail as to disclose the revenues, expenses, and
disbursements relating to the services provided under this contract. Notes to the Financial
statements shall disclose noncompliance with the requirements of this contract concerning
conflict of interests.
2) The contractor shall also record and maintain statistical data concerning the security
patrols and services, and such additional information as may be required by the County. A
quarterly report shall be submitted to the County Administrator.
3) The Contractor shall retain all records pertaining to this contract for a period of five (5)
years after the termination of this contract.
4) The County, the Clerk, the State Auditor General, and agents thereof shall have access
to Contractor's books, records, and documents required by this contract for the purposes
of inspection or audit during normal business hours, at the Contractor's place( s) of
business.
3. PAYMENTS TO THE CONTRACTOR
A. The contract is for $46,720.00 based on the number of hours worked at the rate of$16.00 per
hour. Contractor shall be compensated for those additional hours required by the District Board
and which are within the annual budget of this contract; the total of all payments, including the
routine security and the additional hours shall not exceed $60,000.00. Monroe County's
performance and obligation to pay under the contract is contingent upon an annual appropriation
by the BOCC.
1) The contractor shall submit to the County a monthly invoice for services provided during the
preceding month with supporting documentation acceptable to the Clerk. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules and regulations
as may govern the Clerk's disbursal of funds.
2) The invoice will include a record of employee time worked and will differentiate time worked
at the normal rate, time worked at the additional services rate at the request of the advisory
board.
3) Upon receipt of the contractor's invoice in the proper form as stipulated above and upon
acceptance by the Clerk, Monroe County will make payment in accordance with the Local
Government Prompt Payment Act.
4. TERM OF CONTRACT
2
The term of this contract is for one year, commencing on May 1,2010, at 12:01 A.M. County has the
option of renewing this contract for two (2) additional one-year terms. County shall provide Contractor
at least thirty (30) days notice of its intent to renew. The Contract amount agreed to herein shall be
adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban
consumers (CPI-U) for the most recent twelve
months available.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the security district for which he
shall provide services and has made investigations to fully satisfy himselfthat such site(s) is
(are) correct and suitable for this work and he assumes full responsibility therefore. The
provisions of the Contract shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the Contractor,
who understands the same and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions, or situations shall this Contract be more strongly construed against
the Owner than against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the
Owner, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the
Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this
Contract, and specifications covering the services. Failure on the part of the Contractor,
immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same
and recover the reasonable cost of such replacement and/or repair from the Contractor, who
in any event shall be jointly and severally liable to the Owner for all damage, loss and expense
caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure
to comply strictly and in all things with this Contract and with the specifications.
D. The Contractor agrees that the County Administrator may designate representatives to visit
the Contractor's facility(ies) periodically to conduct random open file evaluations during the
Contractor's normal business hours.
E. 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. Proof of such licenses and approvals shall be
submitted to the County upon request.
6. HOLD HARMLESS AND INSURANCE
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, (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, attorneys' fees and costs, court costs, fines and penalties)
3
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 term of this AGREEMENT, (B) 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
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 CONTRACTOR).
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.
The first ten dollars ($10.00) of remuneration is consideration for the indemnification provided above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. This provision shall survive the cancellation or
termination of this Agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance as
required in the Request for Bid. All insurance shall be from companies licensed to do business in the
State of Florida and having an A.M. rating of VI or better. The insurance shall be maintained during
the term of the contact. Monroe County shall be listed as an additional insured on the General
Liability And Vehicle policies.
7. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent contractor and
not an employee of the Board of County Commissioners of Monroe County. No statement contained
in this agreement shall be construed so as to find the Contractor or any of his employees, contractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe County.
8. ASSURANCE AGAINST DISCRIMINA nON
Contractor agrees 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. Contractor agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
or 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 (42USC ss. 6101-6107)
which prohibits discrimination of the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255) as amended, relating to nondiscrimination of 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)
4
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)
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 to the parties to, or the subject matter of, this Agreement.
9. 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.
10. 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.
11. DISCLOSURE AND CONFLICT OF INTEREST
A. Covenant of No Interest. 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.
1~12.311, et. seq., Florida Statutes.
B. 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.
C. No SolicitationlPayment. The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely
for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
5
company, corporation, individuals, 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, ef to
offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration
12. NO CREDIT
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.
13. 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:
Roman Gastesi
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
and
Suzanne Hutton
County Attorney
1111 lih Street, Suite 408
Key West, FL 33040
FOR CONTRACTOR:
Simon Leird
Keys Security Inc.
2860 Dolphin Drive
Marathon, FL. 33050
14. 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.
15. NON-WAIVER OF 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
6
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.
16. 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 function and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
17. 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 ofthe 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.
18. TERMINATION
A. The County may terminate this contract for cause with seven (7) days notice to the Contractor.
Cause shall constitute a breach of the obligations of the Contractor to perform the services
enumerated as the Contractor's obligations under this contract.
B. Either of the parties hereto may terminate this contract without cause by giving the other party
sixty (60) days written notice of its intention to do so.
19. GOVERNING LAWS, VENUE
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. This Agreement is not subject to arbitration. Mediation shall
be held according to the rules prescribed by the 16th Judicial Circuit, Monroe County, Florida.
20. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the County nor
the Contractor or any agent, officer, or employee of either shall have the authority to inform counsel,
or otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
7
21. 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.
22. 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.
23. 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.
24. ACCESS TO RECORDS
The Contractor 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 Contractor and County in
connection with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
25. 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.
The remainder of this page has been intentionally left blank.
8
IN WITNESS WHEREOF the parties hereto have executed the Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
By:
CONTRACTOR
By:
WITNESS
Title:
Title:
By:
WITNESS
Title:
9
ATTACHMENT A
1. Specifications
The Contractor must submit to the owner a copy of its Class "B" operating license as defined and
required under Florida Statute 493.
All security personnel must have a class "D" license as defined and required under Florida Statute
493.
Security personnel must be screened for drug usage via a standard pre-employment urine drug test.
The Owner and Duck Key Security District reserves the right to require periodic random drug
testing of security personnel.
An examination of each security person's driving record from every state where he or she has
resided is required. A satisfactory driving record is required of all security personnel (not more
than three tickets and lor accidents in the past five years and no instances ofDUI or DWI).
Security personnel are specifically prohibited from carrying weapons of any sort to include but not
be limited to firearms, batons (nightsticks), stun guns and chemical weapons (i.e. mace, pepper
spray).
Security personnel do not have arrest or detention authority and must refrain from any action
which may jeopardize a "legal" arrest by qualified law enforcement officers.
Security vehicles (automobiles required) must be equipped with driver's side spotlight, amber
flashing light, distinct logo prominently displayed preferably indicating "Duck Key Security" as
allowed under present state licensing parameters, cellular telephone and two-way radio
communication equipment allowing immediate communication with the contractor's base station.
In no case shall security vehicles be operated at speeds beyond the local posted limits. Security
vehicles are specifically prohibited from engaging in pursuit driving andlor high-speed response to
emergencIes.
All security personnel will wear uniforms designed to closely resemble a police officer.
Reflective, adhesive stickers will be provided by the Contractor for identification of vehicles of
residents of the Duck Key Security District. The contractor shall also make guard hours and phone
numbers available to residents for: guard, supervisors, and sheriff s office. Contractors will include
telephone stickers with appropriate information to be available to all residents in the district.
2. Scope of Services
The Contractor will provide on-site security services on the following schedule:
10
Daily 9:00 P.M. to 5:00 A.M. seven (7) days per week unless otherwise agreed to by the parties.
A minimum of four (4) drive through circuits of the entire Duck Key Security on the four
residential islands will be provided for each eight (8) hour shift.
Up to 15 door checks per night only to residents requesting that such door checks be made. Door
checks to be requested in writing. Address of door checks to be noted in daily report.
Daily patrol reports made in duplicate, one copy will be delivered to a designee of the Duck Key
Security Advisory Board and copy to be retained by the Contractor.
Security personnel will be expected to report any unusual activity, remove trespassers, quite noisy
parties, and direct emergency vehicle and/or traffic and question suspicious activity. Contact with
the Monroe County Sheriff's office will be made anytime situations occur which, in the judgment
of security personnel, fall outside these parameters when obvious legal activity has taken place.
Excess water usage notifications found at an unoccupied residence will be forwarded directly to
the property owner by the contractor.
Additional security services may from time to time be requested by the Duck Key Security District
Advisory Board. Any such additional security services shall be billed at the normal hourly rate as
specified in the contract.
The Duck Key Security District reserves the right to contract with other vendors or agencies from
time to time for additional security services (i.e. Off-duty Sheriff's Deputies, Marine Patrol
Officers or other private security providers). Individual residents of the Duck Key Security District
may also contract for additional security services either directly with the contractor or within a
vendor of their choice.
Security personnel will not enter an unoccupied residence without an accompanying Monroe
County Sheriff's Deputy.
Contractor to provide up to eight electronic check-in stations to be placed in mutually agreed
locations throughout the four (4) residential islands to be activated each time a circuit is made.
Patrol cars to display a sign "Duck Key Security". Patrol cars to carry a first aid kit, "throwable"
personal floatation device with suitable length of rope, fire extinguisher and a key for shutting off
Aqueduct Authority residential water valve.
Either party may cancel the contract upon sixty (60) days written notice.
11
Page 1 of I
Coughlin-Ernie
From: robin neville [nevi1688@bellsouth.net]
Sent: Wednesday, April 21 ,2010 11 :15 AM
To: Coughlin-Emie
Cc: susie@access-to-web.com
Subject: Duck Key Security Advisory Board
The Security Board has recommended to keep keys Security as our Security Countractor, at our meeting
held this morning April 21, 2010 at Hawks Cay.
Thank you,
Tom Neville, Chairman, Duck KeySecurity Advisory Board
4/21/2010
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RESPONSE 1'0: MONROE COUNfY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUlLDING~ ROOM 1-213
1188 SIMONTON STREET
KEY WEST~ FLORIDA 33040
DUCK KEY
SECURITY PATROlS AND SERVICES
BID FORM
The undersigned, duly authorized to submit this bid on bebalf of the bidding entity~ hereby proposes to provide
the services specified in the Duck: Key Security District Security Patrols and Services Request for Bids, for
A sum not to exceed of$ 46,720. 00 peryear~ @ $16.perhr.
DATED:~
WItnesses (signatures of2 required):
<VJ
Signature: ~
. Print Name: ~\~...J Lc,Q...,.
Title: O""'I>J~i'>
-
I acknowledge receipt of Addenda No.(s)
I have included:
BidForm-X-
Drug Free Workplace Form -X-
Insurance Agent~s (or RespondentIBidder's)Statement-X-
Lobbying and Conflict of Interest Clause -X-
Non-Collusion Affidavit -1L-
In addition, I have included a current copy of the following professional and occupational licenses:
(Claeck mark items abov~ as a remiBder that tIIey are iIId8ded.)
Mailing Address:
2860 Dolphin Dr.
Marathon, Fl. 33050
Teleprnooe30574i3143
Fax: 3057435a'to
.
37
Signed:
~,CA
314'10"; &t~
(Name)
OvJlV~ t1--
(Title)
Dale: #,0
Witness:
/
JANINE M. MOTHNER
I MY COMMISSION # DDM1391
EXPIRES: November 25, 2012
R Nouty Dil<OUnt ""'"" C.
38
.
NON-COLLUSION AFFIDAVIT
I, Simon Leird of the city of Marathon,
according to law on my oath, and under penalty of perjury, depose and say that:
Simon Leird
Florida
1.
lam
of the firm of
Keys Security, Inc_
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
Security Patrols & Services in Duck Key Security
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been anivcd at iodepeodentIy without collusion, consultation,
communication or ~ for the pwpose of restricting competition, as to any matter relating to
such prices with any other bidder or with any competitor;
3. unless otberwise required by law, the prices wbicb 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 aoy oompetito.,lDI
4. no auempt bas been made or will be' made b the bidder to induoe any odIer person, partnership or
corporation to submit, or not to submit, a bid for the pwpose of restricting competition;
5. the statements contained in this affidavit arc n:uc lDI correct, aod made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts
for said project.
~ d 31x-12C'~
(~B"':') ~ ~
STATE OF:
l':-
\tDJ-A c) '"
~\~
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, S j M 0fJ lG\ti) ~ t k ~ 1.\)A.J 1 (e-1C
who, after ~ sworn by (name ofiodividuaI signing) af6xed~ signature in the space provided
above on this -=::6- day of ~ 20.L.
.....
~t)\~~ L <; I l{)\ ~
.
My Commission Expires:
39
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY~ FLORIDA
E1HICS CLAUSE
KEYS SECURITY INC.
warrants that befit bas not employed, retained or
otherwise had act OIl hisfIts behalf any former County officer or employee in violation of Section 20f
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.
STATE OF
f~o{)(
~~~~
(Date)
:5-LA
J I tl1-{),~
(Signature)
COUNTY OF
PERSONALLY APPEARED BEFORE ,ME, the ~igned authQ.rity. S~()J LGIP..O 0 P
~c; ~~ ~ll~ ~ \ ~C ~ after first being sworn by me, affix~ signature (name of
individual signing) in the space provided above on this L day of ~ 20~.
JANTNE M. MOTHNER.
MY ('ONIoGSSIOM' DOM1JM
ll.lQI\US ~ 2f., Jft2
~ ...-,_-(.0.
TARY PUBLIC
My commission expires: ~~ W '25', 261 z...
J
U<~
OMB - MCP FORM #4
4()
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
KEYS SECURITY INC.
(Name OfBusincss)
1. PubIisb a statement notifying employees that the unlawful mAnld3cture. distribution. dispensing. possession. or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against empkl.yc:es for violations of such prohibition.
2. lnfunn employees about the daogICrs of drug abuse in the workplace. the business's policy of mainlainillg a drug-fu:e wodcplace. 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 oootI'lIdual services that ~ under bid a copy of
the stabucut specified in subscdion (1).
4. In the statement specified in subsection (1). notify the employees that, as a coodition of working on the commodities or contractual services
that are under bid, the employee will abide by the terms of the stMetutut and will notify the employer of any conviction of, or plea of guilty or
nolo contendc:re to, any violation of Cbapacr 893 (Florida Statutes) 01' of any cootroUed substance law of the United States or any state, for a
violation occurring in the workplace DO lab'tban five (5) days after such oonviction.
5. Impose a sanction on. or require the satisfactory participation in a drug!lfmse assistance or rehabilitation program if such is available in the
employee's community, or any employee who is so convicted.
6. Make a good fuitb cffixt to oootinue to IIl8itQin a drug-fu:e workplace through implementation of this section. As the
person authorized to sign the statement, 1 certify that this linn complies fully with the above requirements.
~_ {/-1
Bidder's SigrlatlR
MA-tU...~
Date
Lj
2.0.0
.
41
.
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
yv~)
;_f- ')
,
POllCY /<!J- V.s ~cufLv4yIn(L<
/J)sLcndcvnT (Jrnd..ir{J.)rtktS J.. A 8
11-3/1 'J3C
IJau.iduS#- IUc9;X Sf.ol)(j
DEDUcrIBLES
/&C ITC~I, J/D(;
,
1 hI il !,-;; ))1'! f}(~?
,
~Dto ,<tt.37:()
Liability policies are
v/
Occurrence
CWms ~ Ctl [t",
Sigaatare
---....
.
It) De(Cfflt Ji,s (cr~t,~
IDsllraaee Agetlcy
MORGAN INS GRP, INC.
13155 S.W. 42 Street. #107
Miami, FL 33175 BIDDERS ST TEME
305-222-9001 . Fax: 305-222-9006 . A NT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
UE'(t-J~::1 Lr.
J ()-1
Sigaatare
.
Administration Instruction
#7500
INSCKLST
36
2005 Edition
.
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Patrol and Security Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
KEYS SECURI'l'Y INC.
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 EmpIoyefS' liabillty 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 shaH 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 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.
AdmiIIisll alNe tnstrucIlOn
#7500
WC1
.
26
.
.
.
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMn'TING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an ''X" will be
required in the event an award is made to your finn. Please review this form with your insurance
agent and have himlher sign it in the place provided. It is also required that the bidder sign the form
and submit it with each proposal.
WCl
WC2
WC3
WCUSLH
WCJA
Administration Instruction
#7500
WORKERS' COMPENSATION
AND
EMPLOYERS'L~ILITY
x
X
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,0001$500,0001$100,000
$500,0001$500,0001$500,000
$1,000,0001$1,000,000/$1,000,000
Same as Employers'
Liability
Same As Employers'
Liability
INSCKLST
32
2005 EdIion
GENERAL LlABll..1TY
INSURANCE REQUIREMENTS
FOR
CONTRAcr DUCK KEY SECURITY
BETWEEN
MONROE COUNTY, FLORIDA
AND
KEYS SECURITY, IRe.
Recognizing that the work governed by this contract involves providing of guards and other
security services on or off County property, the Contractor's General Liability Insurance policy must
extend to~ and be no less restrictive, than an acceptable Law Enforcement Liability policy
specifically providing coverage for intentional acts, which coverage must include any violation of
the constitutional right of any person for damages and attorney's tees under any one or more of the
following civil rights statutes: 42 USCA 1981~ 42 USCA 1982, 42 USCA 1983, 42 USCA 1985,42
USCA 1986 and 42 USOA 1988.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
.
GLS
AdIniltioabdlille InsWdion
#4709.6 --
29
GENERAL LIABILITY
.
As a minim~ the required general liability coverage will include:
o Premises Operations
o Blanket Contractual
o Expanded Definition
Of Property Damage
o Products and Completed Operations
o Personal Injury
Required Limits:
GL2
x
$IOO,OOOper Person; $300,000 per Occurrence
$50,OOOProperty Damage
or
$300,OOOCombined Single Limit
$250,000per Person; $500,000 per Occurrence
$50,OOOProperty Damage
or
$500,OOOCombined Single Limit
GLl
$500,OOOper Person; $1,000,000 per Occurrence
$100,OOOProperty Damage
or
$1,OOO,OOOCombined Single Limit
GL3
.
GL4
$5,OOO,OOOCombined Single Limit
Required Endorsement:
GLXCU
Underground, Explosion and collapse (XCD)
GLLIQ
GLS
Liquor Liability
x
Security Services
All endorsements are required to have the same limits as the basic policy
.
Administration Instruction
#7500
INSCKLST
33
.
.
.
2005 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There 'Mil be times when it will be necessafY, or in the best Interest of the County, to deviate from the sIandard
inswance 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.
Specificalty excluded from this authorizatiOn is the right to waive:
~ The County as being named .. an Additional Instn'ed-tf a letter from the Insurance
Company (net the Agent) is presented. staling that they are &.mabIe or unwiIing to name the
County as an AdditionaIInstRd. Risk Management has been granted the authority to waive
this provision.
and
iXThe Indemnification and Hold HannIess provisions
WaivIng of Instaanca prnvidnmt f'.nllkt A~ fIlA (".nurlty to AO"...mic an- For this reason, ewry attempt should
be made to obtain the stalMIard insurance ~lts. If a wahler or a modification is desired, a Request for
Waiver of Insurance Requirements form should be completed and subI.1ilted for consideration wiUl the proposal
After consideration by Risk Mallagement and if approved. the form 'Mil be returned, to the County
Attorney who 'Mil submit the Waiver with the other conIraCt documents for execution by the Cleric of the
Courts.
Should Risk Management deny the Waiver Request. the other party may file an appeal with the County
AdmiIlistIator or the Board of County CommissioIIefS, who retains the final decisioI'Hnakin authority.
Adl.liIli!.t..a.e Instruction
30
#1500
2005 Edition
.
INSURANCE REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
KEYS SECURITY, IRC.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shaH be: .
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shaH be:
$250,000 per Person
$500,000 per Occurrence
$50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County .
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
.
AdmiIlislIative Instruction
#7500
GL2
27
2005 Edition
.
VEHICLE LIABlUTY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Security Patrols and Services
BETWEEN
MONROE COUNTY, FLORIDA
AND
KEYS SECURITY, INe.
Recognizing that the work governed by this conIract requires the use of vehicleS, the Contractor. prior to the
commencement of work. shall obtain Vehicle liabIIily Insurance. Coverage shall be maintained throughoUt the life
of the contract and include, as a minimum, IiablIity coverage for:
OWned. Non-Qwned, and Hired Vehictes
The minimum limits accep1abIe shaI be:
$300,000 Combined Single limit (CSL)
If split limits are provided. the rninirnlm limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
. The Monroe County Board of County ConvnIssiOnerS shaft be named as Additional Insured on all policies isSued to
satisfy the above requirements.
.
Adt"li&Ir'ative tnstruction
#7500
VL2
28
VEmCLE LIABILITY
. As a minimum, coverage should extend to liability for:
DOwned; Non-owned; and hired Vehicles
Required Limits:
VLI
VL2
VL3
VL4
.
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
.
x
Administration Instruction
#7500
$50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,OOOCombined Single Limit
$500,OOOper Person; $1,000,000 per Occurrence
$IOO,OOOProperty Damage
or
$l,OOO,OOOCombined Single Limit
$5,000,OOOCombined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equaI to the
completed project
MotorTruck
Cargo
Limits equal to the maximum
value of anyone shipment
Professional
Liability
S250,000per Occurrencel$ 500,000 Agg.
S5oo,000per Occurrencel$l,ooo,ooo Agg.
SI,OOO,OOOper Occurrencel$2,000,000 Agg.
$5oo,000per Occurrencel$ 1,000,000 Agg.
SI,OOO,OOOper 0ccurrenceI$ 2,000,000 Agg.
S5,000,000per Occurrencel$I0,000,000 Agg.
$10,000
$100,000
$300,000 (S25,OOOper Veh)
$500,000 ($loo,OOOper Veh)
$1,000,000 ($250,OOOper Veh)
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
INSCKLST
34
ACORD... CERTIFICATE OF LIABILITY INSURANCE . DATE~
10/912009
PRODUCER (~05)743-0494 FAX: (305)743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
.s Insurance Services, Inc. HOlDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
o Overseas Hwy '43 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 500280
Marathon FL 33050-0280 INSURERS AFFORDING COVERAGE NAIC f#
INSURED INSURER A Proqressi ve Express 10193
KEYS SECURITY mc INSURER 8:
10897 7TH AVE GULF INSURER c:
INSURER D:
MARATHON FL 33050 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD INDICATED. NOT'MTHSTANDlNG ANY
REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V\fTH 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 CONDmONS OF SUCH POlICIES.
. I .......... I AIU(:
~ = POLICY EFFEC11VE POLICY EXPIRATION LIMITS
TYPE OF INSURANCE POLICY NUII8ER DATE DATE
GENERAL LlABIUTY $
I-- DAMAGE TO RENTED
COMMERCIAl GENERAl UABRJTY $
I-- --1 ClAIMS MADE 0 OCCUR MED EXP (Nt{ one D8rllOn\ $
. $
=...."".. $
nLAGGREri LIMIT ^flS PER: PRODUCTS - $
POl~Y ~ Lor.
AUTOM08I..E UA8lUTY COMBINED SINGLE LIMIT
f-- (Ea accidenl) $
ANY AUTO
- 8/13/2010
A X All OWNED AUTOS 06549122-1 8/13/2009 BODL Y INJURY 100,000
- (Per person) $
..!. SCHEDULED AUTOS
- HIRED AUTOS BODII.. Y INJURY $ 300,000
NQN-QWoIED AUTOS (Per acddllnl)
-
- PROPERTY DAMAGE $ 50,000
(Per accidenl)
GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $
=i ANY AUTO OTHER THAN FA Al".r. $
AUTO ONLY: AGG $
EXCESSIUMBREllA LlABIUTY $
=:J OCCUR 0 CLAIMS MADE $
R DEDUCTIBLE ~ $
$
$
WORKERS COMPENSATION AND we STAlU- I OJ.!;'-
EMPLOYERS' UABIUTY
ANY PROPRIETORIPARTNERlEXECUTIVE E.L EACH ACCIDENT $
OFFlCERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
:~.~under E.L DISEASE - POlICY LNlT $
OTHER
DESCRIPTION OF OPERATIONSIlOCAllOHSIVEHIClESICLUSIONS ADDED BY EHDORSEItENTISP PRCMSIONS
.
Monroe County
Board of County CODllllisisoners
1100 SIMONTON S
KEY WEST, FL 33040
CANCELLATION
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CAHCEU.ED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSlMNG INSURER \'ALL ENDEAVOR TO MAIL
10 DAYS WRITIEN NOllCE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT
FAILURE TO DO so SHALL IMPOSE NO OBI.JGATION OR UABIUTY OF ANY KIND UPON THE
INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Lourdes Montagne
CERTIFICATE HOLDER
.
LOCAL PK&RBNCt FORM
A Vendors cbimiQg a local p"ckaatCe aa::ordiog to <MJioaooe 023-2009 must complete this form.
Name ofBidderlRA=spood KEYS SECURITY INC.
Date: MAR("H 4. 2010
1. Does the vendor have a valid n:ceipt tOr the business 1aX paid to the Monroe County Tax Collector dated
at least one year prior to die oOOce 01' request fur bid or-poposal1 VF.~ (Please tiJmish copy. )
2. Does the vendor have a physical business addn:ss Iocak:d within Monroe CoUIlty from wbich the vendor
operates or performs business on a day to day basis tbat is a ~ component of the goods or services
being offered to Monroe Couaty'l YES
List Address: 2860 DOLPHIN DR. MARATHON, FT. "1"101:\0
TeIepbooe Number:
305 743-3143
B. Does the veadorIprime contmctor inB:ud to l>1Ibcoobact ~ or more of the goods, services or
CODStruction to local "btWne$$P..Cl meeting the criteria above _ to ~ and locaDon'l NO
If yes. please p:uyide:
1. Copy of Receipt of the ~ laX paid to the Monroe Coooty Tax CoIIc:dtJr by the ~ dated
at least one year prior to the noUc:e 01' request fur bid or proposal.
2. Suboonttactor AddR:ss witbin Monroe Couaty ftom. wbidl the sOOcoot1acto1' ~aies:
Tel. Number
-5 ~ ~ (htJc~
Signature and TItle of AntbOO2ed Signatory for
BidderJRespooder
STAlE OF PLoQ..tO ('(
COUNTY OF \\or-.\{Lo ~
On this ~ day of M 20 ~ before me, the uodersigoed nolaI:y public. personally appeared
Sl M t:>I..) Lc.. \\1-0 . Imow1l to me to be the person whose name is sWscribed above or who
produced ~ as ~ and ackDowIedged ~ is the pemon who
~ ~ above~. Preference Form fur the [ldi1lOSeS 1ben:in 00DIained.
\~~ ~ j~ G) J.Al\ll]\lf: lvi',MOTHNER
Public " ",(IN # 0084139\
.lcf \ f\....." / \ h 1\ l . , " ..,,,mer 25,20\2
'J +1;~'~ ~, ~ I V\. ~ l.soo.3.N0111, ' I)!SCOUnl AsIoc. eo.
~ '.('0:-,
Print Name
My~ expim;:\\~ \W~~ '\-~ (-\)\l., Seal
PriDtName: """"'-=SlllotO,J ~1'2..b.
~ JANINE M. MOTHNER
MY COMMISSION # 0D84139\
EXPIRES: Nowrmer 25, 20\2
I-IOlJ.3.NOTARY Fl. NotOl')! Discount AJooc. Co,
.
43
"
rtificate of Registration
Issued Pursuant to Chapter 212, Rorida Statutes
DR-11
R. 01/10
EPARTMENT
F REVENUE
54-8012309255-8
Certificate Number
09/29/00
Registration Effective Date
09/12/00
Opening Date
MONTHLY
Filing Frequency
This certifies that
MORRELLS KEYS SECURITY
KEYS SECURITY INC
2860 DOLPHIN DR
MARATHON FL 33050-2862
has met the sales and use tax registration requirements for the business location stated above and is authorized to collect and remit
tax as required by Florida law. This certificate is non-transferable.
POST THIS CERTIRCATE IN A CONSPICUOUS PLACE
THIS IS YOUR SALES & USE TAX CERTIFICATE OF REGISTRATION
(DETACH AND POST IN A CONSPICUOUS PLACE)
v
REFER TO THE BACK OF THIS SECTION FOR
SPECIFIC INFORMATION REGARDING YOUR
COUNTY'S TAX RATES.
r ~
THIS IS YOUR ANNUAL RESALE CERTIFICATE FOR SALES TAX
()~
Note: New dealers who register after mid-October are issued annual resale
certificates that expire on December 31 of the following year.
These certificates are valid immediately.
..)
OR-11R, R. 10109
"
DEPARTMENT
Ol' RfVfNUf
II 2010 Ronda Annual Resale Certificate for Sales Tax II
THIS CERnRCATE EXPIRES ON DECEMBER 31, 2010
DR-13
R. 01/10
Business Name and Location Address
Registration Effective Date
Certificate Number
MORRELLS KEYS SECURITY
KEYS SECURITY INC
2860 DOLPHIN DR
MARATHON FL 33050-2862
09/29/00
54-8012309255-8
This is to certify that all tangible personal property purchased or rented, real property rented, or services purchased on or after the above Registration
.Effective Date by the above business are being purchased or rented for one of the following purposes:
. Resale as tangible personal property. . Re-mntal as real property. . Incorpomtion as a material, ingredient, or
. Re-rental as tangible personal property. . Incorporation into and sale as part of the repair of component part of tangible personal property
. Resale of services. tangible personal property by a repair dealer. that is being produced for sale by manufacturing,
. Re-rental as transient rental property. compouncfing, or processing.
This certificate cannot be reassigned or transferred. This certificate can only be used by the active registered dealer or its authorized employees.
Misuse of this Annual Resale Certificate will subject the user to penalties as provided by law. Use signed photocopy for resale purposes.
Presented to:
(Insert name of seller on photocopy)
(dale)
Presented by:
Authorized Slg1aIure (PurchaSefl
(dale)
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19, 2010
Bulk Item: Yes ISJ No 0
Division: OMB
Department: Grant Management
Staff Contact Person: Lisa Tennyson
AGENDA ITEM WORDING: Approval of a resolution supporting the South Florida and Treasure
Coast Regional Planning Council in preparing a joint, regional application to U.S. HUD for funding
under the federal Sustainable Communities Initiative for the seven county region of Southeast
Florida, including Monroe County. The South Florida Regional Planning Commission has asked
each of the seven counties, as well as other potential regional partners, for a resolution of
support to formalize its interest in participating in the initiative and to accompany the
application.
ITEM BACKGROUND: US HUD, US DOT and US EPA have developed the Sustainable
Communities Initiative to provide funding to multi-disciplinary regional councils of government to
support the development of comprehensive regional plans or visions that identify critical needs
and infrastructure projects to improve a region's sustainability. These plans will serve as a
framework for future federal investment supporting the efforts of individual counties,
municipalities and other regional partners whose plans and projects further the implementation of
the regional plan.
The grant's pre-Notice of Funding Availability (NOFA) states that regions with a population
greater than 500,000 could apply for up to $5 million with a 20% match. The funding will be
used to build a working regional partnership that will develop a sustainability plan for the region.
With regard to the match, we are trying to ascertain what current activities / investments may
qualify as "cash match" for the program. For example, Monroe County's investment in water and
sewer infrastructure is arguably an investment in sustainability. The consultants are researching
this. The release of the NOFA is expected sometime in May and will contain additional
information related to application dates and other requirements.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATION: Approval
TOTAL COST: grant amount TBD
BUDGETED: Yes 0 No 0
COST TO COUNTY: $ match TBD
SOURCE OF FUNDS: U.S. HUD
REVENUE PRODUCING: Yes to ISJ AMOUNT PER MONTH
y YEAR
APPROVED BY:COUNTY ATTY ~CHASING 0 RISK MANAGEMENT 0
DOCUMENTATION: INCLUDED: 1SJ.r U REQUIRED: 0
DISPOSITION:
AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: South Florida and
Treasure Coast Regional Planning
Councils
Effective Date: 5/19/10
Expiration Date: unknown
Contract Purpose/Description:
Contract Manager: Lisa Tennyson
(Name)
4444
(Ext. )
OMB/Grants Mgt.
(Department)
for BOCC meeting on 5/19/10
Agenda Deadline: 5/4/10
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: 0
Budgeted? Yes No Account Codes:
Grant: $ tbd
County Match: $ tbd
- xxx xxx
ADDITIONAL COSTS
CONTRACT REVIEW
)l~f In
Division Director. /0
Changes
Needed ~. .. ~we~c
YesD No[]..--': '. (('J
YesD NoD f)].
/~
YesD Noill /
Date Out
Risk Management ~D
P.Jb- .-:: '1 I
O.M.B.jPurchasing ~':r '0
County Attorney \1.~\\j
Comments:
YesD NolSb
6/11.../0
S/~-IU
~J TLlI ) [)
$10
OMB Form Revised 9/11/95 MCP #2
Revised 2/95
RESOLUTION #
-2010
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS SUPPORTING THE REGIONAL PLANNING
COUNCILS OF SOUTHEAST FLORIDA IN PREPARING A
COMPREHENSIVE JOINT APPLICATION UNDER THE FEDERAL
SUSTAINABLE COMMUNITIES INITIATIVE AND ESTABLISIDNG
A WORKING PARTNERSIDP WITH LOCAL GOVERNMENTS,
APPROPRIATE WATER RESOURCE, ENVIRONMENTAL, HUMAN
SERVICES, HOUSING, AND TRANSPORTATION AGENCIES,
NONPROFITS, ACADEMIA, AND PRIVATE SECTOR
ORGANIZATIONS.
WHEREAS, on June 16, 2009, the U.S. Department of Housing and Urban
Development (HUD), the U.S. Department of Transportation (DOT), and the U.S.
Environmental Protection Agency (EP A) announced a new partnership to regionally
coordinate federal housing, environmental protection, and transportation planning and
investment; and
WHEREAS, this new partnership is looking to multidisciplinary regional councils of
government to identify and coordinate regional strategies that:
. Provide a regional vision or plan for sustainable growth;
· Integrate water infrastructure, environmental, transportation, housing, and land
use planning and investment;
. Address energy efficiency;
· Address the impacts of climate change through the development of mitigation and
adaptation strategies;
. Promote environmental protection and restoration;
· Foster compatibility of sustainable built systems with restoration of the Florida
Everglades;
· Promote the creation of equitable, sustainable communities;
. Promote social equity and access to opportunity;
. Redevelop underutilized sites;
. Leverage federal investment in existing communities;
. Promote equitable affordable housing;
. Increase economic competitiveness; and
· Promote multi-modal transportation and healthy, safe and walkable
neighborhoods - rural, urban or suburban;
WHEREAS, there is a clear understanding that the Sustainable Communities
Planning Grants Program is designed to support the development of a comprehensive
regional plan or vision identifying critical projects and infrastructure to improve the
Region's sustainability and to be used as a guide by federal funding agencies to prioritize
and focus future federal investment; and
WHEREAS, any application for funding under the Sustainable Communities
Planning Grants Program should be prepared in consultation with the appropriate water
resource, environmental, human service, housing, and transportation agencies, local
governments, nonprofits, academia, and private sector organizations; and should include
a formalized agreement among these entities to work cooperatively on the application and
funded project; and
WHEREAS, the regional planning councils of Southeast Florida should commit
the resources necessary within the limits of their budgets and work programs to
prepare and submit a successful joint application under the Sustainable Communities
Planning Grants Program;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that: the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS supports the South Florida and Treasure Coast Regional
Planning Council in preparing a comprehensive joint application for the Sustainable
Communities Planning Grants Program, and the establishment of a working partnership
agreement with appropriate water resource, environmental, human services, housing, and
transportation agencies, local governments, nonprofits, academia, and private sector
organizations to collaborate on the application and the funded project.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board held on the 19th day of May 2010.
Mayor Murphy
Mayor Pro Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner DiGennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor Sylvia Murphy
ATTEST: Danny L. Kolhage, Clerk
Deputy Clerk
f;/~/uj6
)---, _d_
''BrlIlO~iCtJfjj'''~~iliIT-T~itr;'-<,~ Ell. 1976
,,";.onaJ p/
.q.-eU . .(~
$. '~'V .\.').
. '"'. .......... . ...... L....... .~
C --'- """'/0--'---' ,..J
GO
9-. ............, ~
~ .... ....^ {J
B>)-, .C.... ~<::'
"OS . \\J
Sustainable Communities Initiative
A federal partnership initiative of US HUD, DOT, and EP A
ABSTRACT
April 16, 2010
On June 16 2009, the U.S. Department of Housing and Urban Development (HUD), the U.S.
Department of Transportation (DOT), and the U.S. Environmental Protection Agency (EPA)
announced a new partnership to regionally coordinate federal housing, environmental protection,
and transportation planning and investment. Federal funding to support this effort is being
provided under HUD's Sustainable Communities Initiative Grants Program.
There is a clear understanding that the Sustainable Communities Initiative program is designed to
establish a comprehensive regional plan or vision identifying critical projects and infrastructure to
improve the Region's sustainability and to be used as a guide by federal funding agencies to
prioritize and focus future federal investment.
The absence of a regional, collaborative partnership and "Regional Vision" for Southeast Florida
has left our Region at a competitive disadvantage when we seek to access needed and limited
state and federal resources. While some progress has been made in transportation, water
supply, and climate change planning with the recent signing of the four-county Regional Compact,
these examples are the exception rather than the rule. We must do better if we are to build a
prosperous and sustainable region and access the resources Southeast Florida needs to move
ahead.
The Southeast Florida region includes Monroe, Miami-Dade, Broward, Palm Beach, Martin, St.
Lucie, and Indian River counties. Together this seven-county Region represents the 5th largest
metropolitan area in the country. These seven counties, though diverse, have much in common
including a shared history, environment and watershed, economic interdependence, transportation
system, and recreational, social and cultural activities. This seven county area is classified as
"Southeast Florida" by Enterprise Florida, and defined as the "Southeast Region" in the Strategic
Intermodal Plan of the Florida Department of Transportation.
Significant resources, time and effort have been invested in planning throughout the years. There
are existing regional relationships and partnerships that can be strengthened and expanded. The
challenge is to integrate these partnerships and efforts across issue areas and jurisdictional lines
and reach agreement on the critical infrastructure investments needed to move the region
forward. HUD's Sustainable Communities Initiative is the region's best opportunity to access up to
$5 million to articulate and develop consensus around a "Regional Vision" and "Regional Plan for
Sustainable Development." It is expected that this Plan will: 1) serve as the framework for future
federal investmenti 2) support the efforts of individual counties, municipalities and other regional
partners whose plans and projects further the implementation of the regional Vision and Plan; and
3) put the Southeast Florida Region in the best position possible to capture federal funds for
critical infrastructure projects designed to improve the Region's sustainability.
The South Florida Regional Planning Council and Treasure Coast Regional Planning Council are
coordinating the development of a comprehensive joint application for Sustainable Communities
Initiative funding in a collaborative partnership with a broad range of regional stakeholders.
These stakeholders include, but are not limited to, water resource, housing, environmental and
transportation agencies; local governments, non-profits, academia, and private sector
organizations.
Several organizational meetings with the regional stakeholders have occurred and are scheduled.
Necessary pre-application work has been performed by the Councils that will assist in preparing
and submitting a complete application on time. The Councils are requesting from its partners
letters and resolutions of support and, where appropriate, the execution of a Memorandum of
Understanding to memorialize the regional partnership. These documents will accompany the
application. The HUD Notice of Funding Availability (NOFA) is expected to be published by HUD
in May 2010. The NOFA will contain additional information related to application dates and
other requirements.
For additional information, please contact:
South Florida Regional Planning Council
954.985.4416
Treasure Coast Regional Planning Council
772.221.4060
Carolyn A. Dekle (cdekle@sfrpc.com)
Executive Director
Michael J. Busha (mbusha@tcrpc.org)
Executive Director
Isabel Cosio Carballo (isabelc@sfrpc.com)
Coordinator, Legislative & Public Affairs
South
Florida .
Regional
Planning
Council
April 19, 2010
r:n
RECEI'! L_,j
Mr. Roman Gastesi
County Administrator
Momoe County
1100 Simonton Street
Key West, FL 33040 )
~ P&/m~
Dear Mr. ~esi: !'-'
L\PR 22,0\0
COUNTY AD1'vlINIS1'RATC"!,
As you know, the South Florida and Treasure Coast Regional Planning Councils (Councils) are
developing a joint application to the u.s. Department of Housing and Urban Development (HUD)
Sustainable Communities Planning Grants Program. This application is being developed through a
collaborative partnership of stakeholders from the seven-county region of Monroe, Miami-Dade,
Broward, Palm Beach, Martin, St. Lucie, and Indian River Counties. These regional stakeholders
include, but are not limited to, water resource, housing, environmental and transportation agencies;
local governments, non-profits, human services funders, academia, and private sector organizations.
We sincerely appreciate the support that Momoe County continues to lend to this regional effort. At
this time it would be very helpful if Momoe County would formalize its support of this effort by
executing the enclosed Memorandum of Understanding (MOU). We would also appreciate a letter
and/ or resolution of support that can accompany the federal funding application due this summer. I
look to you for guidance regarding what are the next steps related to this request. I would be happy to
address your Board and formally request their support if that would be helpful.
The delay in the release of the HUD Notice of Funding Availability until at least May 2010 allows
additional time for receipt of the MOU and letters and resolutions of support that will be included in
the application. Please find herewith the following documents related to this effort and the Sustainable
Communities Planning Grants Program:
· Abstract
· Item 1 - Cover Letter from Council Chairs Scuotto and Ferreri
· Item 2 - SFRPC / TCRPC Resolutions
· Item 3 - Sample Resolution of Support
· Item 4 - Sample Letter of Support
· Item 5 - Memorandum of Understanding
Additional information about the Sustainable Communities Planning Grants Program can be accessed at
http:// www.ideiusa.org/ action-center I affecting-
policy I Sustainable % 20Communities % 20Planning% 20Grants % 20W ebinar% 20slides. pdf
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, State (800) 985-4416
FAX (954) 985-4417, email: sfadmin@sfrpc.com, website: www.sfrpc.com
Mr. Roman Gastesi
April 19, 2010
Page 2
Thank you again for your time, support, and continued assistance. Please do not hesitate to contact me,
or Isabel Cosio Carballo (isabelc@sfrpc.com) of Council staff, if we can provide you with additional
information or otherwise be of assistance.
Sincerely,
CtUAJ.~
Carolyn A.tbekle
Executive Director
CADjkal
Enclosures
cc: The Honorable Sylvia Murphy, Mayor
Michael J. Busha, TCRPC
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April!,2010
(Addressed to attached list)
Subject: Federal Sustainable Communities Initiative
We are writing to you today to request your participation in, and support for, a joint, regional
application to the U.S. HUD Sustainable Communities Initiative that will be submitted by the
South Florida and Treasure Coast Regional Planning Councils (Councils) on the behalf of the
many public, private, non-profit, and other regional stakeholders from the seven-county region of
Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, and Indian River Counties, The
purpose of submitting the application is to put the Southeast Florida Region in the best position
possible to capture federal funds for critical infrastructure projects designed to improve the
Region's sustainability.
The Councils recently adopted the attached resolutions directing Council staff to spearhead the
development of a comprehensive joint application for Federal Sustainable Communities
Initiative funding in a collaborative partnership with a broad range of regional stakeholders.
These stakeholders include, but are not limited to, water resource, housing, environmental and
transportation agencies; local governments, non-profits, academia, and private sector
organizations.
A key component of the Sustainable Communities Initiative is the development of a "Regional
Plan for Sustainable Development," for regions such as Southeast Florida that have many plans
but lack a cohesive, integrated regional "vision" across issue areas and jurisdictional boundaries.
This program will provide up to $5 million for large metropolitan regions to support the
development of the Regional Plan. This Plan is expected to serve as the framework for future
federal investment and support the efforts of individual counties, municipalities and other
regional partners whose plans and projects further the implementation of the regional Vision and
Plan.
By this letter, the Councils request the cooperation of your agency or organization and a letter or
resolution of support that will accompany the federal funding application due in early June. The
Councils have also developed a Memorandum of Understanding (MOU) to create a "Southeast
Florida Partnership" between all those interested in participating in drafting the funding
application, and subsequent work program should the application be funded. The MOU, a
sample letter/resolution of support, and additional information about the Initiative is provided for
your consideration.
Federal Sustainable Communities Initiative
April 1, 2010
Page 'fwo
We would appreciate receiving your agency's letter or resolution of support no later than April
30.2010. Within this same time frame, we request that your agency please consider joining the
Southeast Florida Partnership by entering into the MOU as an official partner to the Sustainable
Communities Initiative. If you would like Council staff to attend your Board meeting, please let
us know.
The Councils look forward to collaborating with you on a successful application and the
development of a sustainable regional plan, to include a full range of critical infrastructure
projects designed to focus future federal investment in Southeast Florida. If we can provide you
with additional information, or otherwise be of assistance, please contact Michael Busha
(mbusha(cv,tcrpc.org) at (772) 221-4060 or Carolyn Dekle (cdekle(lv,sfi'Pc.eom) at (954) 985-
4416.
Sincerely,
Sin~ ~
. Ferreri, Chair
l~ Coast Regional Planning Council
Joseph Scuotto, Chair
South Florida Regional Planning Council
Attachments
" '
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5396-N-Ol]
Sustainable Communities Planning Grant Program
Advance Notice and Request for Comment
AGENCY: Office of Sustainable Housing and Communities, Office of the Deputy Secretary,
HUD.
ACTION: Advance Notice and Request for Comments.
SUMMARY: This notice announces HUD's intention to offer funding through a competition
made available as a Notice of Funding Availability (NOF A) under its Sustainable Communities
Planning Grant Program (Program).
As part of the Administration's efforts to increase transparency in government operations
and to expand opportunities for stakeholders to engage in decision-making, HUD is seeking
comments on the Program through this Advance Notice. Feedback received through this process
will permit HUD and its partners to better understand how this Program can support cooperative
regional planning efforts that integrate housing, transportation, environmental impact, and
economic development. HUD is seeking input from State and local governments, regional
bodies, community development entities, and a broad range of other stakeholders on how the
Program should be structured in order to have the most meaningful impact on regional planning
for sustainable development.
The goal of the Program is to support multi-jurisdictional regional planning efforts that
integrate housing, economic development, and transportation decision-making in a manner that
empowers jurisdictions to consider the interdependent challenges of economic growth, social
2
equity and environmental impact simultaneously. Three funding categories are being
considered:
(I) Funding to support the preparation of Regional Plans for Sustainable Development
that address housing, economic development, transportation, and environmental quality in an
integrated fashion where such plans do not currently exist;
(2) Funding to support the preparation of more detailed execution plans and programs to
implement existing regional sustainable development plans (that address housing, economic
development, transportation, and environmental quality in an integrated fashion); and
(3) Implementation funding to support regions that have regional sustainable
development plans and implementation strategies in place and need support for a catalytic
project or program that demonstrates commitment to and implementation of the broader plan.
This Program is being initiated in close coordination with the U.S. Department of
Transportation (DOT) and the U.S. Environmental Protection Agency (EPA).
DATES: All comments, to be considered in response to this Advance Notice, must be received
no later than midnight Eastern Standard Time on Friday, March 12,2010. Comments will not be
accepted after that date.
ADDRESSES: Electronic responses are preferred and should be addressed to:
sustainablecommunities@.hud.gov or may be submitted through the www.hud.gov/sustainability
website. Written comments may also be submitted and post-marked by the deadline and
addressed to Office of Sustainable Housing and Communities, Department of Housing and
Urban Development, 451 7th Street, S.W. Room 10180, Washington, DC 20410. HUD is
expanding the opportunity for comment by establishing a Wiki to encourage public dialogue at
the following link: www.hud.gov/OSHCwiki.
3
OUTREACH SESSIONS: HUD and its partner agencies will conduct a series of listening
sessions and webcasts to ensure the broadest possible dissemination of information about the
Program and to receive feedback from interested parties. Further information will be available at
www.hud.gov/sustainability shortly after the publication of this Advance Notice, and through
such interactive forums that will be described on www.hud.gov/sustainabilitv.
AVAILABILITY OF FUNDING AND TIMELINES: This notice invites comments on the
proposed award of funding for the Sustainable Communities Planning Grant Program. This
notice is not a solicitation of proposals for the Program.
The Program was authorized by the Consolidated Appropriations Act, 2010 (Pub. L. 111-
117) (the Appropriations Act, approved December 16,2009). For the Program, $100,000,000
will be made available, through the NOF A that will follow this Advance Notice, to support the
integration of housing, transportation and land use planning.
The following maximum funding levels are proposed:
. Small metropolitan or rural areas. The grant amount awarded under the Program to an
eligible entity that represents a small metropolitan or rural area with a population of not more
than 499,999 may not exceed $2,000,000.
. Large metropolitan areas. The grant amount awarded under the Program to an eligible
entity that represents a large metropolitan area with a population ~~~~r more may not
"~~/
exceed $5,000,000. ~.....
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HUD will expect that at least 2{(ef the overall costs of the projects awarded
under this grant will include leveraged funding from other public, philanthropic and private
sources including in-kind contributions.
4
Pursuant to the Appropriations Act, not less than $25,000,000 shall be awarded in the
Small Metropolitan Area category.
HUD will award funding by soliciting proposals through a final NOF A for the Program
that will be developed after consideration of comments obtained through this Advance Notice
and in outreach sessions. The final NOF A will be broadly announced through appropriate and
familiar means and will provide further details on the finalized requirements and application
process, pursuant to and in compliance with all applicable statutes and regulations, including, but
not limited to, the Paperwork Reduction Act (44 U.S.c. 3501 et seq.).
HUD will set aside approximately $2,000,000 for technical assistance services to assist
the awardees in implementing their proposals. A separate NOF A will be released describing the
process for obtaining these technical assistance funds. The Appropriations Act also appropriates
$40,000,000 for a Community Planning Challenge (CPe) Grants Program. HUD will publish a
separate NOF A for the CPC program.
It is HUD's intent to meet the following schedule in developing the NOF A for the
Program:
February 16-March 1, 20IO-Regional Listening Sessions (locations and dates to be
posted at w\vw.hud.gov/sustainability)
Week of March 1, 201O-Webcast Briefings
Approx. June 5, 20 1 O-Applications due to HUD
March 12, 20 1 O-Comments on Draft Description due C.O.B. to HUD
c\W
( i'-Jef'A ~~
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Week of April 12, 20 IO-NOFA published
Approx. August 2, 201 O-Announcement of A wardees
5
I. Background
A top priority of the Administration is to build economically competitive, healthy,
opportunity-rich communities. In the Appropriations Act, Congress provided a total of
$150,000,000 to HUD for a Sustainable Communities Initiative to improve regional planning
efforts that integrate housing and transportation decisions, and increase State, regional and local
capacity to incorporate livability, sustainability, and social equity principles into land use and
zoning. Of that total, $100,000,000 is available for regional integrated planning initiatives,
which is the subject of this Advance Notice.
The Sustainable Communities Initiative was conceived to advance development patterns
that achieve improved economic prosperity, environmental sustainability, and social equity in
metropolitan regions and rural communities. Recognizing the fundamental role that public
investment plays in achieving these outcomes, the Administration charged three agencies whose
programs impact the physical form of communities-HUD, DOT, and EP A-to lead the way in
reshaping the role of the Federal government in helping communities obtain the capacity to
embrace a more sustainable future. As a result, HUD, DOT, and EP A have formed the
Partnership for Sustainable Communities (the Partnership). HUD will take the lead in funding,
evaluating and otherwise supporting integrative regional planning for sustainable development.
DOT will focus on (a) building the capacity of transportation agencies to integrate their planning
and investments into broader plans and action to promote sustainable development; and (b)
investing in transportation infrastructure that directly supports sustainable development and
livability principles, as discussed below. EP A will enhance its role as a provider of technical
assistance and developer of environmental sustainability metrics and practices. The three
6
agencies have made a commitment to coordinate activities, integrate funding requirements and
adopt a common set of performance metrics for use by grantees. The Partnership is a
commitment by these three Federal agencies to work together to coordinate policies and
programs in support of six Livability Principles:
1. Provide more transportation choices. Develop safe, reliable and economical transportation
choices to decrease household transportation costs, reduce our nation's dependence on foreign
oil, improve air quality, reduce greenhouse gas emissions, and promote public health.
2. Promote equitable, affordable housing. Expand location- and energy-efficient housing
choices for people of all ages, incomes, races and ethnicities to increase mobility, and lower the
combined cost of housing and transportation.
3. Enhance economic competitiveness. Improve economic competitiveness through reliable
and timely access to employment centers, educational opportunities, services, and other basic
needs by workers as well as expanded business access to markets.
4. Support existing communities. Target Federal funding toward existing communities-
through such strategies as transit-oriented, mixed-use development and land recycling - to
increase community revitalization, improve the efficiency of public works investments, and
safeguard rural landscapes.
5. Coordinate policies and leverage investment. Align Federal policies and funding to remove
barriers to collaboration, leverage funding, and increase the accountability and effectiveness of
all levels of government to plan for future growth, including making smart energy choices such
as locally generated renewable energy.
7
6. Value communities and neighborhoods. Enhance the unique characteristics of all
communities by investing in healthy, safe, and walkable neighborhoods-rural, urban, or
suburban.
The Partnership for Sustainable Communities has observed that regions that have already
adopted a more integrated approach to regional planning tend to exhibit a variety of desirable
qualities including: more diversified and resilient economies; improved employer attraction and
retention; more opportunities to lead healthier and more affordable lifestyles; lower per capita
public infrastructure costs; lower vehicle miles traveled (VMT) per capita and, thus, reduced air
pollution; and lower rates of concentrated poverty. These regions have built a shared vision for
the future that allows greater and more broad-based support of community development and
investment decisions. However, these effects are not guaranteed, and communities face a
number of competing objectives in these areas. In addition, the best ways to measure progress
are rightly debated as policy goals and methodologies evolve.
While the benefits of integrated regional planning are numerous, the incentives,
institutions, and funding for such efforts are not widely available. Decisions made by local
jurisdictions about the locations of housing, shopping, and employment are often disjointed both
within and across jurisdictions and are, therefore, unable to incorporate either the impact on
accessibility to different types of destinations or the broader impact on mobility and livability in
a region. This fragmented approach results in a host of unintended consequences including:
spatial mismatch between affordable housing and opportunities for employment and education;
long and expensive commutes; permanent loss of agricultural land; reduced water quality in
streams, lakes, and other water bodies; higher emissions of greenhouse gasses and other
damaging pollutants.
8
Despite the presence of Metropolitan Planning Organizations, Councils of Governments,
and other regional planning entities, there is too often a misalignment of transportation, housing,
and infrastructure systems due in part to the lack of coordination when plans by different
agencies are prepared separately. While separate resources may be available for housing,
economic development, water infrastructure, and transportation planning, few funding sources
help communities address challenges and opportunities in an integrated fashion.
II. Sustainable Communities Planning Grant Program
The Sustainable Communities Planning Grant Program (the Program) is intended to help
build the capacity of communities to address the complex challenges of growth and revitalization
in the 2151 century in a comprehensive, multi-disciplinary way. Funding from this Program will
support the development and implementation of Sustainable Regional Development Plans. A
priority will be placed on supporting regions that demonstrate a commitment to take well-
developed plans and move them into implementation. The Appropriations Act directs the
Secretary of HUD to establish a regional planning grant program that provides grants to assist
regional entities and consortia of local governments with integrated housing, transportation,
economic development, water infrastructure, and environmental planning. HUD's Office of
Sustainable Housing and Communities is working in partnership with DOT and EP A to define
all aspects of this Program. HUD will serve as the lead agency for all grants and will consult
with its agency partners throughout the Program.
The final product of a Sustainable Communities Planning Grant will be a Regional Plan
for Sustainable Development and/or implementation strategy that meet the requirements of
existing HUD, DOT, and EP A programs, such as Consolidated Plans, Long Range
9
Transportation Plans and Stormwater Master Plans. Building on these requirements, a Regional
Plan for Sustainable Development would be a plan that:
(A) Identifies housing, transportation, economic development, land use,
environmental, energy, green space and water infrastructure priorities and goals in a region;
(B) Establishes locally-appropriate performance goals and measures the future
outcomes of baseline and alternative growth and reinvestment scenarios against those goals, and
includes standardized metrics developed by the Partnership;
(C) Provides strategies for meeting those priorities and goals;
(D) Prioritizes projects that facilitate the implementation of the regional plan; and
identifies responsible implementing entities (public or private) and funding sources; and
(E) Engages residents and stakeholders substantively in the development of the shared
vision and its implementation plan early and throughout the process.
III. Solicitation of Comments on Proposed Program Structure
As noted above, HUD and its partners are soliciting comments through this Advance
Notice on how the Program should be structured, what funding categories and activities are most
appropriate to support, which entities should be eligible grantees, and how best to evaluate
regional needs, so that the Program has the most meaningful impact on regional planning for
sustainable development. The discussion below outlines in general terms the key questions HUD
is considering in preparing the final NOF A for the Program and identifies some specific issues
for comment. HUD encourages meaningful input on the Program more generally as well. HUD
has provided the avenues for input in the ADDRESSES section of this notice and highlights that
it has established a Wiki site to allow additional comment and dialogue regarding addressing
these issues.
10
A. Proposed Funding Categories and Eligible Activities
HUD and its partner agencies recognize that regions are at different stages of readiness
and capacity to engage in efforts to plan for a sustainable future. Some regions have formed
multi-jurisdictional and multi-sector coalitions that are ready to embark on an effort to envision a
future to help direct growth or stimulate investment sustainably. Other regions have already
adopted a sustainable vision, but lack the resources to put in place the specific strategies that
ensure follow-through and implementation of that vision. A few regions are on the cutting edge
and have demonstrated the capacity to plan for the long-term, build broad-based coalitions in
support of sustainable communities and use an array of tools to incent investment in
development, land preservation, and infrastructure that implements their sustainable vision.
Given this broad spectrum, the Partnership is considering supporting activities to meet
the needs of each of these three categories of regions. In this comment period, HUD specifically
seeks feedback on the extent to which these categories are of benefit to potential applicants, the
types of activities that should be allowed in each category, and the extent to which the Program
should support project-level implementation investments. HUD is also soliciting feedback on
appropriate common performance metrics for each funding category.
Category 1: Regional Plans for Sustainable Development. Funds would support stakeholder-
driven visioning and scenario planning exercises that will address and harmonize plans for the
location, scale and type of housing, education and job centers; identify appropriate transportation
and water infrastructure; and proactively consider risks from disasters and climate change.
Applicants would be expected to identify a set of locally-appropriate performance metrics that
are consistent with the Partnership's Livability Principles, as well as the Partnership's own
metrics, and then measure the outcomes of proposed growth/reinvestment scenarios against those
11
metrics. Funding in this category would support data analysis, urban design and outreach efforts
to achieve broad consensus among groups, citizens, and decision-makers for a single
vision/scenario and to have that plan adopted by all appropriate regional governmental bodies.
HUD seeks comments on the following questions:
- What specific types of eligible activities would support this effort and which parties
should be part of the regional planning process?
- What elements should be part of the plan, such as a region-wide vision and statement of
goals, long term development and infrastructure investment map, implementation strategy and/or
funding plan?
- How can citizens best participate, such as through a requirement for participation in a
minimum number of public meetings to ensure broad regional consensus?
- Should Regional Plans for Sustainable Development be expected to harmonize and be
consistent with HUD, DOT, and EPA-required plans and, ifso, how? Should Regional Plans for
Sustainable Development show a linkage to local formula-based programs supported by HUD,
DOT, and EP A; and, if so, to what extent should such linkage be required?
Category 2: Detailed Execution Plans and Programs. Funds in this category would support
the preparation and adoption of detailed plans and programs to implement an adopted integrated
regional sustainable vision. Because implementation needs will vary significantly from region to
region depending on the goals of a sustainable plan and the gaps that exist, the funds from this
category would likely support a wide range of implementation activities but still be measured
against the common and consistent metrics and outcome goals highlighted in the previous
section. For example, inter-jurisdictional affordable and fair housing strategies, regional
transportation investment programs, corridor transit-oriented development plans, sector or area
12
plans, land banking and acquisition strategies, revenue sharing strategies, economic development
strategies, plans to improve access to community amenities, and other specific activities that help
ensure that the goals of the regional vision are implemented. Regional coalitions would be
eligible to apply for this category on the basis of demonstrating the adoption of a regional vision
that is substantially consistent with the Livability Principles, program goals and metrics
identified in the published NOF A.
HUD seeks comments on the following questions:
- What specific types of activities should be eligible for funding in this category?
- What criteria should be used to evaluate whether a previously adopted regional vision is
consistent with the Livability Principles discussed above?
- Should the amount of local and contributed resources to support, expand, and enhance
the development of implementation strategies be rewarded in application scoring or are there
other means to leverage other funds and resources?
Category 3: Implementation Incentives. Recognizing that those regions that have already
fully embraced sustainable regional planning provide important models to the nation, the
Partnership is considering ways in which the Program can reward and incent further action by
cutting edge regions.
First, HUD is evaluating the extent to which applicants that have an adopted Regional
Sustainable Development Plan and appropriate implementation programs in place could be pre-
certified as having met HUD, DOT, and EPA's criteria for sustainability and livability factors in
other discretionary federal funding programs.
Second, HUD is considering providing a limited number of grants to complete a
financing package for projects that would accelerate the implementation of a Regional
13
Sustainable Development Plan. As envisioned, this category would support pre-development
costs, capital costs for a regionally significant development or infrastructure investment, or land
acquisition investments. We are considering how to make best use of new federal dollars in the
context of existing programs and their requirements-and also in the context of innovative
practices in the field. Applicants would need to demonstrate that they have in place an adopted
regional vision that is substantially consistent with the Livability Principles, metrics identified in
the published NOF A to measure performance, and have commitments from affected participating
partners to initiate implementation efforts, but have funding gaps that could be closed within the
grant limits for this program.
HUD seeks comments on the following questions:
- Would "pre-certification" be an added value and, ifso, what programs should this
approach apply to? What criteria should be considered for meeting the "pre-certification" status?
- Is the direct support of implementation activities appropriate within this Program given
the limited amount of resources and the expected modest size of grants?
- What criteria should be used to judge that an applicant successfully demonstrates that it
has an adopted regional vision and that the project for funding under this category is truly
catalytic?
- Specifically, what criteria should be considered for a project to be catalytic?
- What types of activities might be included, the timeframe by what time the project
should be completed, and how much leveraging should be considered appropriate for
demonstrating that the proposed investment will serve as a the region's commitment to a
sustainable future?
14
B. Entities Eligible for Funding
In the Program, HUD is considering as an eligible entity a multi-jurisdictional and multi-
sector partnership consisting of a consortium of units of general local government and all
government, civic, philanthropic and business entities with a responsibility for implementing a
Regional Plan for Sustainable Development.
HUD seeks input on the following questions:
- Should certain entities be required partners in multi-jurisdictional regions such as a
metropolitan planning organization as defined in 23 CFR 450.104, or a rural planning
organization or network of rural planning organizations in a rural area?
- What definitions should HUD use to define a rural multi-jurisdictional region eligible
for funding?
- What units of government should be allowed to serve as a lead agency for funding
purposes?
- What should demonstrate commitment on the part of each member organization, and
whether there should be a minimum number of member organizations?
C. Selection Criteria
In evaluating an application for a grant, HUD, in partnership with DOT and EP A, will
evaluate whether the application furthers the creation of livable communities by advancing
regional planning that integrates housing, transportation, and environmental decisions and the
extent to which the applicant represents a strong collaboration effort for the region in question.
HUD seeks input on how to judge the capacity of the regional entity to carry out the
proposed Program, including the extent of technical and organizational capacity to conduct the
project in the proposed time frame, past experience in implementing a planning process, and/or
15
an implementation project as proposed, and extent to which the consortium has developed
partnerships throughout an entire metropolitan or rural area, including, as appropriate,
partnerships with the entities described above. Specifically, should a needs assessment be
required as an application submission requirement, and, if so, what data elements should be
mandatory in judging need and the scope of the needs assessment to ensure that it addresses the
comprehensive needs of the region?
While HUD specifically seeks comment on the foregoing questions, HUD welcomes
additional information that will help inform the Sustainable Communities Planning Grant
Program.
Date: February 4,2010
/s/
Ron Sims
Deputy Secretary
[FR-5396-N-Ol]
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&~ 1!176
SOUTHEAST FLORIDA PARTNERSHIP
Monroe - Miami-Dade - Broward - Palm Beach - Martin - St. Lucie - Indian River
HUD SUSTAINABLE COMMUNITIES PLANNING GRANT PROGRAM
PRE-NOFA COMMENTS
MARCH 12, 2010
GENERAL COMMENTS
FUNDING
Population Threshold - The population threshold of 500,000 for "Large metropolitan areas" is
very low. Defining "Large metropolitan areas" as those with a population threshold of only
500,000 does not acknowledge the unique needs and resources required by substantially larger
regions for planning purposes. Depending on the functionality of existing environmental,
transportation and human systems, a region may encompass a significant population of several
million people that require unification under a common vision in order to develop an effective
Regional Plan for Sustainable Development.
Local governments within large complex regions may be enticed to seek separate funding for
eligible population thresholds within what should be considered one region for regional planning
purposes. Creating low population thresholds for the development of a regional plan for
sustainable development may result in a disjointed effort and contradict the intent of the
program.
HUD should consider planning grants not in excess of $10 million for very large metropolitan
areas with unique characteristics which would provide additional challenges in the development of
the Regional Plan for Sustainable Development. These unique characteristics, may include but are
not necessarily limited to, regions:
· with a population in excess of 5 million residents;
· that have multiple Metropolitan and Micropolitan Statistical Areas;
- whose resident population is diverse (countries of origin, language, income, etc.)
· where the geography of the region provides unique challenges in the development of the
Regional Plan for Sustainable Development, i.e. linear regions as opposed to regions
organized around a center community
Criteria for Coastal Communities / Climate Change Vulnerability - HUD should consider
establishing scoring criteria for coastal communities and/or for regions that proactively consider
risks from disasters, sea level rise and climate change in their regional plan.
Multiple Funding Categories - HUD should allow for funding requests in multiple funding
categories as part of the same application. It should not fund smaller metropolitan areas within a
larger region independent of the larger metropolitan areas grant within the same category.
Mini-Sub Awards - HUD should permit mini-sub-awards to single jurisdiction partners for local
research, initiatives, etc. in support of the regional vision.
PERFORMANCE GOALS / METRICS
The HUD Grant program should create a common set of performance goals/metrics. If there are
any evaluation models to measure progress and success that have been embraced by HUD, DOT,
and EPA, these models should be described in the NOFA. However, the program should not
predetermine the desired measurement to be achieved by each community for a given goal or
metric, only the categories for them.
Performance measures for Regional Plans for Sustainable Development should take into
consideration the character of the community, including the existing built environment, the diversity
of the community, fiscal realities, and the ability to measure near term results. Most communities,
especially large metropolitan areas, do not have the luxury of planning a sustainable community
from a "blank slate." In a developed, metropolitan region, an important measure could be how
well the Regional Plan for Sustainable Development will integrate already existing communities,
infrastructure, transportation, housing, education centers, etc. in its vision and plan to increase
overall sustainability. One measure of success for plans developed by communities with existing
challenges is how well the issues have been defined and what strategies make sense given the
market realities, fiscal restraints and the conditions of the current built and natural environment
that face the community.
If sustainable economic growth, improvements to the natural and built environment, and the
improvements in quality of life for all Americans are three overarching goals, then the metrics
should have ways to quantify such growth and improvements. These metrics include reducing
threats of disasters; reducing greenhouse emissions; reducing traffic congestion by reducing
vehicle miles traveled; reducing pedestrian traffic accident deaths; reducing traffic accident
deaths; reducing obesity due to increases in large scale walking distances within larger scale
walking built environments; reducing poverty; reducing low birth weight babies; increasing high
school graduation rates; increasing college degrees awarded; increasing post graduate degrees
awarded; reducing divorce rates; reducing the number of people who move out of the region or
any part thereof; reducing births out of wedlock; reducing family violence; reducing violent crime
rates; reducing homelessness; reducing health care costs; increasing availability of quality health
care to all socio-economic classifications of residents within the region; reducing joblessness;
increasing wages and salaries earned across all socio-economic classifications of residents within
the region; increases in agricultural production; water quality improvements (freshwater, drinking
water, coastal ocean); decontamination of soils; increases in wildlife population and wildlife
habitat; increasing urban adapted wildlife population and habitat; increasing longevity and
health for elderly populations; and other yet to be defined measurable changes in the economic,
social, and environmental conditions of the region.
2
FUNDING FOR PROJECTS THAT LOGICALLY WOULD FIT INTO A REGIONAL PLAN FOR
SUSTAINABLE DEVELOPMENT
There are many projects that have been developed and approved pursuant to collaborative,
multijurisdictional processes. These projects, many of which are under implementation or poised
for implementation, can reasonably be expected to be important components of the Regional
Plan for Sustainable Development. It is important that the ongoing development of the Regional
Plan for Sustainable Development not preclude the implementation of "demonstration projects"
that are ready to be implemented, provide important linkages between existing communities and
significant destinations and supportive of the overall direction of a Regional Plan for Sustainable.
local governments often undertake sustainability initiatives and then struggle with their
implementation, especially at the regional scale. Funding should support the integration of various
jurisdictional plans to create a cohesive regional framework that achieves the overall goal of fund
sou rces.
ADDITIONAL FEDERAL PARTNERS - Similar to the National Brownfields Showcase Communities
Initiative, additional federal partners should be encouraged to participate in the Sustainable
Communities Initiative and support multi-jurisdictional, regional, integrative planning efforts
through funding and technical assistance.
For example:
The US Dept. of Agriculture could support job creation including small businesses/cottage
industries, to improve environment, markets and community gardens with emphasis on locally
grown foods and nutrition.
The US Dept. of Health could assist with improved access to care, especially in underserved
communities; promote active living/fitness, nutrition and healthy eating enhancements for schools
that would improve the environment while helping to reduce childhood obesity, pulmonary and
cardiovascular disease.
The US Dept. of Energy could provide increased support for alternative fueled vehicles and
infrastructure; incentives for green building standards (lEED, Green Globes) and local production
of energy.
The US Dept of Commerce / Economic Development Administration could assist with additional
funds or lowered match for Revolving loan Funds for small business loans in communities with
Regional Plans for Sustainable Development.
CATEGORY 1: REGIONAL PLANS FOR SUSTAINABLE DEVELOPMENT
1. What specific types of eligible activities would support this effort and which parties
should be part of the regional planning process?
We believe this category provides the most cost effective use of funds to energize the
conversation across the country about what sustainability is about from a comprehensive
standpoint and the guidelines that would encompass a successful sustainable plan. We
3
also believe this would provide the most beneficial use of dollars since development of
good, comprehensive and focused plans, with US HUD's guidance, will ultimately have the
best chance of being funded and implemented and therefore benefit the greatest number
of people. Building the right model is critical as a first step and this category provides for
that opportunity.
In this initial round of funding, priority should be given to grants in categories one and two
so as to make the funding stretch further in assisting regions throughout the country.
Funding should be made available for the initial steps and activities that must be
undertaken in the development of a collaborative regional visioning process.
Competitive grants should be flexible and multi-year, and emphasis should be placed on
existing regional planning organizations that are at varying points within comprehensive
planning development and implementation processes as applying agencies.
Place-based Decision-Making - It is important to stay true to the emphasis on place-based
decision-making and avoid a "one size fits all type of program."
Examples of suggested eligible activities:
Regional Partnership Development Activities
-
Identifying members and component organizations of the Partnership and who they
represent
Identifying and convening a broad based group of stakeholders such as private,
public, nonprofit sector groups, the research community and academia, and
philanthropic foundations, including organizations representing underserved
populations and neighborhood collaborations
Development of the Partnership including agreement on common goals and objectives,
memorandums of understanding
Funding should provide local governments and regional planning organization
opportunities for training, support, peer-to-peer exchange, technical assistance,
capacity building and analysis. This should include assistance in collaborating intra-
jurisdictionally with staff, research personnel, and elected officials across a very large
metropolitan area to identify mutually-beneficial sustainable planning and
implementation initiatives.
.
.
.
Formulation, documentation and formalization of a regional "vision"
· Understanding the components and multiple regional systems that must be integrated
to create a Regional Vision and Plan for Sustainable Development. The goal should be
to break down and integrate traditional planning and investment "silos" to better
identify areas of regional consensus, maximize opportunities, and identify areas that
require additional discussion and consensus among the Partnership members,
community leaders, and other regional stakeholders.
- Collection and analysis of existing "visioning" and investment plans
· Integration / overlay of existing plans to identify areas of commonality and
divergence
4
.
Analysis of, and modifications to, as necessary, to existing local plans to integrate
housing, transportation, and land use planning for purposes of growing a new
American economy
Support for partners to begin or further, as appropriate, the development and
analysis of expected climate change scenarios to assist with long-term land use
planning and infrastructure development
Communication tools such as a shared web-based site to facilitate organization, access
and sharing of documents to be consolidated and produces; the maximum use of
technology should be encouraged, especially for large regions that cover a vast
geographic area
The production of assessments and vision documents
Collection and analysis of local economic development trends that apply on a regional
level
Support for the alignment of activities undertaken pursuant to local/state/federal
programs with the Regional Plan for Sustainability.
Activities that support the formal adoption of the Regional Plan for Sustainable
Development by a broad based group of regional stakeholders
The Regional Plan for Sustainable Development should reflect broad based regional
consensus, not just government consensus, and be a physical plan
.
.
-
-
.
.
.
Evaluation and documentation of progress and success
.
The development of benchmarks, measurable outcomes and evaluation processes tied
to the livability principles
HUD should support the development of a measurement tools and a tracking website
.
Outreach, Communication and Community Engagement / Achieving Integration,
Communication, and Equity between communities of different character
.
The development of regional outreach plans and strategies particularly for
underserved, hard to reach communities
The development of communication plans utilizing traditional, non-traditional, and
emerging communication tools and venues such as print media, radio, television, cable,
social networking sites, internet, personal communication devices of all types, and all
other forms of new communications technology.
Funding to support the development and implementation of regional outreach and
communication strategies in diverse communities
The development of mechanisms to connect rural, urbanizing, and urban areas of the
region to ensure a regional dialogue and equitable flow of opportunities for
underserved communities and investments within the entire region
Resources to understand how evolving technology, transportation systems, educational
programs, and economic development opportunities and demands may affect
underserved, hard to reach communities
.
.
.
.
5
2. What elements should be part of the plan, such as a region-wide vision and statement
of goals, long term development and infrastructure investment map, implementation
strategy and / or funding plan?
Regional Plans for Sustainable Development with accompanying regional infrastructure
investment plans, should be comprehensive and demonstrate integration of elements such
as, but not limited to, transportation, housing, human systems, environmental improvements,
water and sewer, economic, community and educational/workforce investments. These
investments should take into consideration projected climate change impacts to ensure that
infrastructure investments reflect adaptation considerations.
Regional Plans for Sustainable Development should, to the greatest extent possible and
where appropriate, be built upon the foundation of work that has been accomplished and
undertaken in the region where existing plans, partnerships, and processes enhance
regional planning, coordination and efficiency, reduce unnecessary duplication of effort
and responsibilities, and add clarity and accountability to implementation processes.
The complete "package" of what supports fiscally and environmentally sustainable
infrastructure should be considered, including minimum levels of density or intensity for
future development and how these built environments should be organized to optimally
meet goals to reduce climate change impacts.
3. How can citizens best participate, such as through a requirement for participation in a
minimum number of public meetings to ensure broad regional consensus?
Citizen participation should be inclusive and accessible. There should not be a requirement
for a minimum of public meetings. Instead, grant recipients should be encouraged to
explore a range of public involvement strategies and public venues to ensure meaningful
public involvement and input into the development of Regional Plans for Sustainable
Development. These need to reflect community cultures and best practices unique to
different parts of the country.
These strategies include, but are not limited to, working with non-governmental
organizations to further public involvement via outreach to places of worship, homeowners
and civic associations, business chambers; innovative television and cable network
programming; internet "town hall" meetings; web-based surveys and other internet
related social communication formats; and weekend meetings. Grantees should be
encouraged to participate in events sponsored by other organizations to reach residents
who otherwise might not choose to participate in a stand alone "regional visioning" event.
The objective is to be creative in outreach efforts and go where the public is instead of
relying on attracting the public to special "regional visioning" events. The maximum use
of technology and social networking strategies should be encouraged, especially for large
regions that cover a vast geographic area.
Specific methodologies that can support and build meaningful and lasting community and
civic engagement include, but are not limited to: 1 - use of dialogue and action circles that
inform residents on issues of sustainability and engage them in designing and
implementing action strategies for personal and collective participation in solutions; 2 -
6
use of mini-grants to support community generated civic action related to sustainability
solutions; 3 - support for regional meetings of engaged community and civic leaders to
share experiences, encourage collaboration, and celebrate success; 4 - development and
utilization of behavioral change and game theory approaches that create ownership,
synergy and lead to tipping points in community culture that support sustainability
practices.
4. Should Regional Plans for Sustainable Development be expected to harmonize and be
consistent with HUD, DOT, and EPA-required plans and if so, how? Should Regional
Plans for Sustainable Development show a linkage to local formula-based programs
supported by HUD, DOT, and EPA; and, if so, to what extent should such linkage be
required?
This planning program represents an opportunity to emphasize "placed-based decision
making" and further the implementation of plans that represent the communities and
region in which they are developed and embraced. Grants and planning activities should
promote the desires of the local governments and community and regional stakeholders
and provide choice in achieving common goals. HUD, DOT, and EPA-required plans should
be expected to harmonize, be compatible, further the livability principles, and support the
implementation of the Regional Plan for Sustainable Development. Formula based
programs from the federal government should be flexible and used to support Regional
Plans for Sustainable Development.
CATEGORY 2: DETAILED EXECUTION PLANS & PROGRAMS
1. What specific types of activities should be eligible for funding in this category?
We recommend that HUD allow applications that request funding under multiple
categories as part of the same application. Some partners in a regional partnership may
be further along in comprehensive and sustainability planning and others may require
more 'groundwork' in this area before there can be a consolidation for a regional vision.
It would be beneficial to allow for funding for developing regional detailed execution
plans and programs at the same time so work can begin in this area for smaller groupings
within the region.
Some projects may incorporate elements from all three Categories. Plans that incorporate
elements from all three Categories should receive greater weight.
Applicants should demonstrate inclusion of traditionally marginalized populations and the
advancement of economic and social equity through the engagement of multi-jurisdictional,
cross-sector partnerships as identified by HUD.
2. What criteria should be used to evaluate whether a previously adopted regional vision
is consistent with the Livability Principles discussed above?
Applicants should substantively address each of the six Livability Principles and show
broad representation of key stakeholders in multi-jurisdictional, cross-sector partnerships.
Additionally, Livable Communities should reasonably demonstrate a convergence of
health, housing, educational, land use, and transportation planning, and smart growth
7
strategies including premium public transit systems and the implementation of transit-
oriented development to help achieve health, safety, economic and environmental
objectives.
To be eligible for funding the applicants should demonstrate a commitment to regional
cooperation and collaboration. This could be demonstrated, for example, by the adoption
of a Memorandum of Understanding (MOU). The MOU should include the specific roles
and responsibilities for each participant.
Regional needs vary. Local conditions should be fair, open, and inclusive. Evaluation
criteria should be tailored to allow for flexibility that addresses variance in the different
regions.
Every region will have different local conditions to accomplish sustainability measures.
Sustainability measures will reflect the unique regional context including, but not limited to,
GHG/c1imate change, peak oil, agriculture, transportation, educational opportunities and
economic development. International and national best practice guidelines and minimum
regional incentivized standards should be implemented.
3. Should the amount of local and contributed resources to support, expand, and
enhance the development of implementation strategies be rewarded in application
scoring or are there other means to leverage other funds and resources?
The resources committed to date, and for the future project, should be considered. There
should be a demonstrated commitment by elected leadership and other policymakers to
take well-developed plans and move them into implementation. Extra consideration
should be given to in-kind services given the current economic situation. Additional match
over the 20% should be considered but not drive the award process. Projects should be
high quality projects.
CATEGORY 3: IMPLEMENTATION INCENTIVES
1. Would "pre-certification: be an added value and, if so, what programs should this
approach apply to? What criteria should be considered for meeting the "pre-
certification" status?
No, all should be considered equally.
2. Is the direct support of implementation activities appropriate within this Program
given the limited amount of resources and the expected modest size of grants?
Yes, but such expenditures should be limited to very strategic, cost effect, and innovative
projects of small size relative to total expenditures.
3. What criteria should be used to judge that an applicant successfully demonstrates that
it has an adopted regional vision and that the project for funding under this category
is truly catalytic?
8
The criteria should consider whether the Regional Plan for Sustainable Development
supports the Livability Principles, and whether implementation of the project is likely to
spin off additional significant benefits.
4. Specifically, what criteria should be considered for a project to be catalytic?
The criteria should include the number of Livability Principles encompassed in the plan and
whether implementation of the project is likely to spin off additional significant benefits.
5. What types of activities might be included, the timeframe by what time the project
should be completed, and how much leveraging should be considered appropriate for
demonstrating that the proposed investment will serve as a region's commitment to a
sustainable future?
All activities required to implement a project should be included. Applicants and local
partners should be able to show commitment in other ways, not just dollars.
POTENTIAL ELIGIBLE ENTITIES
1. Should certain entities be required partners in multi-jurisdictional regions such as
metropolitan planning organization as defined in 23 CFR 450.104, or a rural planning
organization or network of rural planning organizations in a rural area?
There should not be specific required partnerships. Multi-jurisdictional organizations and
planning agencies are varied in their structure throughout the U.S. and what works in one
region may not be appropriate in another. Requiring specific entities within a partnership
may become an obstacle to moving forward. Although these organizations should all be
involved in the process of developing and implementing these plans, there should not be a
requirement for "partnership."
HUD should define or provide guidance in reference to the term "region" as it relates to
eligibility for funding.
2. What definitions should HUD use to define a rural multi-jurisdictional region eligible
for funding?
N/A
3. What units of government should be allowed to serve as a lead agency for funding
purposes?
Multi-purpose, multi-jurisdictional, audited organizations with the capacity to undertake
and successfully implement a regional, collaborative process should serve as the lead
agency for funding purposes.
9
4. What should demonstrate commitment on the part of each member organization, and
whether there should be a minimum number of member organizations?
A memorandum of understanding or partnership agreement might be used to demonstrate
commitment on the part of each member organization. There should not be a minimum
number of organizations or a required level of funding from each organization. Each
application should be evaluated on whether it truly represents a regional, broad based
approach. That will differ depending on the region and organizations already in place.
Contacts:
Carolyn A. Dekle
Executive Director
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, Florida 33021
(954) 985-4416
cdekle@sfrpc.com
Michael J. Busha
Executive Director
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, FL 34994
(772) 221 -4060
mbusha@tcrpc.org
Isabel Cosio Carballo
Coordinator, Legislative & Public Affairs
South Florida Regional Planning Council
(954) 985-4416
Cell (954) 240-3012
isabelc@sfrpc.com
10
BOARD OF COUNTY COlVIMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division:
Emergency Services
Bulk Item: Yes ~ No
Department: Emergency Management
Staff Contact Person: Jose Tezanos X6325
AGENDA ITEM WORDING: Approval of an agreement between the Florida Power & Light Company
(FPL) and the Monroe County Board of County Commissioners (BOCC) in the amount of
$250,000.00, fully grant funded and no county match, concerning Radiological Preparedness for Fiscal
Year 2010 and Fiscal Year 2011; and authorization for the County Administrator to execute any other
required documentation in relation to the application process.
ITEM BACKGROUND: This is a two year agreement between FPL and the BOCC to provide funding
to enable the County to carry out responsibilities which have been defined by the U.S. Nuclear
Regulatory Commission in its Rule 10 CFR Parts 50 and 70, and NUREG 0654, FEMA-REP-l,
"Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness
in Support ofNuc1ear Power Plants." This agreement shall commence October 1, 2010 and shall
terminate September 30,2012.
PREVIOUS RELEVANT BOCC ACTION: Monroe County and the Florida Power & Light Company
have executed annual agreements for this purpose since 2002.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: It is appropriate to accept this Florida Power & Light Company grant
agreement A revenue cost center is requested from OMB as follows:
Fiscal Year 2010 $125,000
Fiscal Year 2011 $125,000
TOTAL COST: NONE
INDIRECT COST:
BUDGETED:Yes__No X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:
None
SOURCE OF FUNDS:
Grant
REVENUE PRODUCING: Yes __ No -X-- ~?UNT PER MONTH _ Year 125.000.00
APPROVED BY: County Ally 01 ~rC~Sing --1L Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM #
Revised 07/09
MONROE COUNTY BOARD OF COUNTY COMMlSSIONERS
CONTRACT SUMMARY
Contract with:
Florida Power & Light
Contract #_
Effective Date:
Expiration Date:
October 1, 2010
September 30,2011
Contract Manager: Jose Tezanos
(Name)
6325
(Ext. )
14
(Department/Stop #)
for BOCC meetin on
Ma 19,2010
A enda Deadline: May 4, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 250.000.00
Budgeted? YesO No [gJ Account Codes:
Grant: $ 250,000.00
County Match: $ 0
Current Year Portion: $ 125,000.00
GE1101-_-_-_-_
- - - -
--------
- - - -
-----
- - -
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed /~,ev~wer
Division Director A/_/~~/P YesONoD _ _ <<~
RiskManag~ment~ ,-\,-d.1-(Q YesD NOeY"j1i __ ,:;;)
OifBlPu~ha~~g -$\I~ YesD NO~ ~
County Attorney ~ \ \~\\b YesO Noel (lflL'"ffiu-l ~
. U
Date Out
'7-/2-10
If---4J --- /21
~~I fa
4--1 g" ;)..0/0
Comments:
OMB Fonn Revised 2/27/01 MCP #2
,"
AGREEMENT BETWEEN
FLORIDA POWER & LIGHT COMPANY
AND
THE COUNTY OF MONROE
This Agreement is between Florida Power & Light Company (hereinafter
IlCompany"), and the County of Monroe (hereinafter "Countyll).
I. PURPOSE
A. Certain responsibilities have been defined by the U.S. Nuclear
Regulatory Commission (hereinafter llNRC") in certain provisions of
10 CFR Parts 50 and 70 and in the NRC guidance document
NUREG 0654, FEMA-REP-1, Revision 1, "Criteria for Preparation
and Evaluation of Radiological Emergency Response Plans and
Preparedness in Support of Nuclear Power Plants." There exists a
possibility of duplication of effort in meeting those responsibilities by
the Company and County. The resulting increased financial burden
on taxpayers and consumers can be avoided by the development
of a cooperative relationship between state and local public
agencies and.the nuclear power utility. The County is authorized,
in Sections 252.35 and 252.60 of Florida Statutes, to participate in
such cooperative relationships and is further authorized, in Section
252.37 of Florida Statutes, to accept services, equipment, supplies,
materials, or funds for emergency management. The purpose of
this Agreement is to define certain aspects of the relationship
between the County and the Company.
B. The NRC regulations and guidance cited above are incorporated as
requirements in this Agreement by reference. All activities that are
the subject of the Agreement shall comply with those requirements
(hereinafter "Federal Emergency Preparedness Requirements").
II. BUDGET
The parties have agreed to the Work Scope and Funding attached hereto
and incorporated herein as Exhibit A. Said budget provides that the
County will require the sum of dollars specified in Exhibit A to carry out its
responsibilities hereunder.
1
III. PAYMENT
Upon execution of this Agreement and receipt of associated invoicing, the
Company shall make equal semi-annual advances to the County as
described in Exhibit A. Expenditures by the County shall be based upon
the approved budget attached hereto and incorporated herein.
IV. TITLE TO EQUIPMENT
Any equipment purchased by the County under this Agreement shall be
the property of the County. This equipment is to be used for the activities
described herein for the term of this Agreement and subsequent
agreements between the parties. Upon termination of the agreements
and cessation of the County's activities, the equipment will remain the
property of the County.
V. INTEREST
The unexpended portion of advance payments to the County shall be
invested in an interest bearing account in accordance with applicable
county regulations, if any. At the end of the term agreement period, the
County shall either refund all unexpended funds to Company or reflect all
remaining interest ef;lrned as funds carried forward and apply such funds
to any additional term of this agreement, as appropriate.
VI. AUDIT
A. The County shall (at any time during normal business hours and
with five business days advance notification) make available for
examination, to the Company and any of its duly authorized
representatives, all of the records and data with respect to all
matters covered by this Agreement. The County shall permit the
Company and its designated authorized representatives to audit
and inspect all costs and supporting documentation for all matters
covered by this Agreement. The County shall provide an annual
audited financial statement at the end of the Agreement period.
B. The County shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this
Agreement for a period of three years after the date of submission
of the final expenditure report. Or, if an audit has been initiated
during the term of this Agreement and audit findings have not been
resolved, the records shall be retained until resolution of the audit
findings. In addition, the County shall maintain time and
attendance records for all salary costs charged to this Agreement.
2
VII ASSIGNMENT
The County may assign the right to accept services, equipment, supplies,
materials, or funds to any appropriate local governing body or agency.
VIII TERMS OF AGREEMENT
A The term of this Agreement is October 1, 2010 to September 30,
2012, unless sooner terminated in accordance with Paragraph B of
this Article.
B. Either party may terminate this Agreement in whole or in part
without cause, by providing sixty (60) days notice in writing to the
other party. Upon termination of this Agreement, all unexpended
funds shall be returned to the Company and an audit may be
performed in accordance with Article VI of this Agreement.
C. The County agrees to be bound by the provisions included in the
Standard Conditions attached to and incorporated by reference in
this Agreement.
IX. MODIFICATIONS
Any modifications to this Agreement shall be in writing and signed by both
parties. In the event the statutes, rules, regulations, or plans applicable to
this Agreement are revised, voided, or rescinded, the parties agree to
consider reasonable modifications to this Agreement.
By their signatures below, the following officials have agreed to these
terms and conditions.
FOR THE COUNTY
By:
FOR THE COMPANY
By:
J8'~ kL
-
Gene F. St. Pierre
(fype Name)
(fype Name)
v.P. Fleet Organizational Support
(fille)
(fitle)
4-/ - 20/0
(Date)
(Date)
3
STANDARD CONDITIONS
1. Extension of this Agreement shall be in writing for a period not to exceed
six months and shall be subject to the same terms and conditions set forth
in the initial Agreement. There shall be only one extension of the
Agreement unless the failure to meet the criteria set forth in the
Agreement for completion of the Agreement is due to events beyond the
control of the Company.
2. All bills for fees or other compensation for services or expenses shall be
retained and have sufficient detail for a proper audit.
3. Pursuant to Section 216.347, Florida Statues, the County agrees that no
funds from this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency.
4
Exhibit A
Work Scope and Funding
I. Work Scope:
The County shall be responsible for participation in the following
radiological emergency planning and preparedness activities:
A. The County's responsibilities shall include coordination with the
Company in the development, maintenance and implementation of
an emergency preparedness program in support of the Company's
nuclear power program. The County shall perform those actions
associated with maintaining emergency preparedness as described
in the Federal Emergency Preparedness Requirements and
implemented in Annex A of the State Comprehensive Emergency
Management Plan and other implementing procedures. The
County agrees to implement these requirements professionally and
successfully in maintaining the County in a state of readiness.
B. The County and Company shall collaborate in the development of a
safety planning booklet, to be distributed to persons within ten-
miles of the Turkey Point Nuclear Power Plant. The County and
Company shall collaborate in the development and distribution of
information for parents of children who attend school within the ten-
mile Emergency Planning Zone.
C. The County shall monitor changes in land use and population within
the ten-mile Emergency Planning Zone. The County shall provide
the Company an update of the population in the Emergency
Planning Zone, by geographical boundaries, based on available
county records. This population update should be provided in the
first quarter of each year. The County shall advise the Company of
any change in land use that may warrant a change in the County's
planning basis for nuclear power plant emergency response and
preparedness or involve inclusion in Annex A of the State
Comprehensive Emergency Management Plan. This advisement
must be within 90 days following discovery of a significant change
in land use.
D. The County shall maintain current radiological emergency plans
and implementing procedures for the County as required by
Federal Emergency Preparedness Requirements.
5
E. County personnel assigned emergency response duties shall
,successfully complete radiological emergency training as required
by Federal Emergency Preparedness Requirements and Chapter
15 of Annex A of the State Comprehensive Emergency
Management Plan. Documentation of training shall be maintained
and made available for inspection upon the request of the
Company.
F. The County shall participate in Radiological Preparedness and
Response exercises and the evaluation thereof.
G. The Company shall furnish to the County copies of Federal
Emergency Preparedness Requirements and any revisions thereto
within 90 days following enactment.
H. The County shall invoice the Company per the funding section of
this Agreement. The County shall include a financial report that
provides the status of the expenditures covered by the Agreement
current at time of billing.
II. Funding
Funding will be provi.ded to the County by the Company to enable the
County to carry out its responsibilities above, comply with Federal
Emergency Preparedness Requirements, and carry out the provisions of
the emergency plan mandated thereby.
The parties have agreed to the funding amounts as detailed below. The
funding provides that the County will require the sum of $125,000 annually
to carry out their responsibilities hereunder for fiscal years 2010/2011 and
2011/2012.
The Company shall pay the County, upon invoice, an annual amount not
to exceed the amount specified below for the reimbursement of costs
incurred in the performance of duties associated with maintaining
radiological emergency preparedness for the County. Such costs shall
only include reasonable and necessary costs associated with
maintenance of radiological emergency preparedness for the County.
Fiscal Year October 2010 through September 2011
NOT TO EXCEED AMOUNT
$125,000.00
$125,000.00
$250,000.00
Fiscal Year October 2011 through September 2012
6
Upon receipt of a County invoice in October and April of each year, the
Company shall advance 50% of that fiscal year's budget amount to the
County. For each year covered under this agreement, the Company shall
provide funding to the County semi-annually in the same manner.
The County agrees that funds needed for the correction of any
"deficiency," as defined by the Federal Emergency Preparedness
Requirements, in the County's plans or program will be offset with existing
funds from the current approved budget. Funds necessary to implement
changes required by the Federal Emergency Preparedness
Requirements, Annex A of the State Comprehensive Emergency
Management Plan, or local operating procedures will be offset with
existing funds to the extent practical. The Company and County shall
review and agree on any supplemental funds that may be necessary to
meet the change.
In the event the Company and County are unable to resolve differences
regarding funding for preparation, testing and implementation of
radiological emergency response activities, the parties shall first meet to
resolve the dispute. If informal meetings are unsuccessful in resolving the
issues, any dispute or controversy between the parties arising out of or in
connection with this agreement must be submitted, by either party, to final
and binding arbitration before a single arbitrator in accordance with the
Commercial Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Each party shall be responsible for its
attorneys' fees and costs incurred in the arbitration. The arbitrator's fees
shall be paid in equal parts by the parties unless the award shall specify a
different division of the fees. Venue for arbitration proceedings brought
hereunder shall lie in Monroe County, Florida.
The Company shall be responsible for providing all funding under this
Agreement to the County.
At the end of the term of this Agreement, the County shall either refund all
unexpended funds to Company or reflect all remaining interest earned as
funds carried forward and apply such funds to any additional term of this
Agreement, as appropriate. The County and the Company may also
discuss alternatives for disposition of excess funds, provided, however,
that such alternatives shall be effective only upon execution of an
agreement in writing by the County and the Company.
7
Exhibit A
MONROE COUNTY EMERGENCY MANAGEMENT
RADIOLOGICAL EMERGENCY PREPAREDNESS
FY 10/11 AND FY 11/12 BUDGET
CATEGORY 10/11 BUDGET 11/12 BUDGET
Salaries & Fringe $86,625 $86,625
Benefits
Contractual Services * $ 7,500 $ 7,500
Communications ** $14,000 $14,000
Travel $ 4,000 $ 4,000
Supplies $ 3,500 $ 3,500
Insurance $ 1,600 $ 1,600
Capital Equipment *** $ 5,875 $ 5,875
Maintenance & Repairs $ 500 $ 500
Vehicle Allowance $ 1 ,400 $ 1,400
Total $125,000 $125,000
*
Includes funds used to pay for training and exercise participants and other
training related expenses.
** Includes phone lines for Key Largo EOC.
*** Includes major equipment purchases such as Portal Monitor and
Radiological Survey Meters.
8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19.2010
Bulk Item: Yes --1L- No
Division:
Emergency Services
Department: Emergency Management
Staff Contact PersonlPhone # Jose Tezanos/x6325
AGENDA ITEM WORDING: Approval of Modification #1 to extend expiration date of the FY08
State Homeland Security Grant Program Agreement (SHSGP) 09DS-51-11-54-01-338, fully grant
funded and no county match, to December 31, 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$39,500 to provide planning, training and exercises under the State
Homeland Security Grant Program - Issue 20. The period ofthis grant is February 16, 2009 through
May 31, 2010. This Modification will extend the grant agreement through December 31, 2010.
PREVIOUS RELEVANT BOARD ACTION: On December 17, 2008 the Board approved the FY08
State Homeland Security Grant Program Agreement (SHSGP) 09DS-51-11-54-01-338.
STAFF RECOMMENDATIONS: Approval as written.
TOTAL COST: $39,500.00 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 No X ~OUNTPERMONTH Year
APPROVED BY: County Atty~ ~ur)\asing _ Risk Mauagement_
DOCUMENTATION: Included X NotRequired_
DISPOSITION:
AGENDA ITEM #
Revised 7109
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMIvfARY
Contract with:
State of Florida DEM
Contract #09DS
Effective Date:
Expiration Date:
51-11-54-01-338
Feb. 16,2009
May 31,2010
Contract Manager: Jose Tezanos
(Name)
6325
(Ext.)
14
(Department/Stop #)
for BOCC meetin on
May 19, 2010
Agenda Deadline: Ma 4,2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 39,500
Budgeted? YesO No rg] Account Codes:
Grant: $ 39,500
County Match: $ 0
Current Year Portion: $ 39,500
- - - -
-----
125-- 13<d.a c;..E~-_
- - - -
--------- - - --
- - -
---
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 . ~vi~wer
Division Director '7-1>--/0 YesDNoB- 1.~V
O. .B.lPurchasi g Lf iO YesO No " 11 ' .
CountyAttomey ~~~ YeSDNO~ .~ r U,JJ
u
Date Out
7',- /..7 -; (J
Lf~Jj/(()
~I ~~IIO
+-IB-/O
Comments:
OMB Form Revised 2/27/01 MCP #2
Contract Number: 09DS-51-11-54-01-336
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, (lithe Division"), and the Monroe County Emergency Management ("the
Recipient) to reinstate and modify the Division's Contract Number 090S-51-11-54-01-336, dated February
16,2009 ("the Agreement'').
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub grant of $39,500 to Recipient; and
WHEREAS, the Agreement expired on May 31,2010; 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 through it had not expired.
2. Paragraph 3, Period of Agreement, is hereby amended to have an expiration
date for the Agreement of December 31,2010. Final requests for reimbursement
should be submitted no later than thirty (30) days after the termination date of the
contract. Any requests received after January 31, 2011 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 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 of the
dates set out herein.
RECIPIENT: MONROE COUNTY EMERGENCY MANAGEMENT
BY:
NAME & TITLE:
DATE:
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY:
NAME & TITLE:
David Halstead. Interim Director
DATE:
Contract Number: 09DS-51-11-54-01-..33t
CFDA Number: 97.067
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by 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 The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall p~~orm the work in accordance with the BUdget and Scope of Work,
AttachmentA of this Agreem,ent.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment 8.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties, and shall end 18 months
after the date of execution, but no later than May}1, 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 Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Common 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-87, "Cost
Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
1
is made with a comnlsrcial'{for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall ~e retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provj~~d under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the BUdget
and Scope of Work - Attachment A - and all other ap'plicable 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 ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financiall?rocedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) "\.he Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
2
(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 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for 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 chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federai funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMS Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca,state.fl.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Bouleyard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (submit the number of
copies required by Sections .320(d)(1) and (2), OMS Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
3
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued.by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement 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 should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMS Circular A-133 or Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such,non-compliance.
U) The Recipient shall have all audits completed by an independent certified pUblic
accountant (IPA), either a certified 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 Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and 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 describ'ed in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
4
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent 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 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies 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 other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
. .
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or 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 Division or the Department to the Recipient
regarding such audit The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the 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 is solely responsible to parties ,it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
5
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
, .
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the 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 on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
6
, (c) . Wlth!:lold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1.. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken jf
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 Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under
law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when.it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the ReCipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the ReCipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
7
(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 named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488-7842
Email: carolyn.washinqton@em.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Irene Toner
490 63rd Street
Marathon, FI 33050
Telephone: 305-289-6018
Fax: 305-289-6333
Email: toner-irene@monroecounty-fI.Qov
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before.it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (m) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
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. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
8
(16) ATTACHMENTS
(a) AU attachments to this Agreement are incorporated as if set out fully.
(b) In the. event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
· Attachment E - Certification Regarding Debarment
Attachment F - Statement of Assurances
(17) FUNDING/CONSJDERA TION
(a) This is a cost-reimbursement Agreement The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $39,500,
, '
subject to the availability of funds.
(b) Any advance payment under thiS Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(!2)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three months of the contract term. For a federally funded contract,
any advance payment is also subject to federal OMB Circulars A-a7, A-11 0, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested below, the budget data on
which the request is based and a justification statement shall be included in this Agreement as
Attachment C. Attachment C will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
NA An advance payment of $ is requested
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the BUdget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division,
9
(18) REPAYMENi-S
All refunds orrepayments due to the Division under this Agreement are to be made payable to
the order of "Department of Community Affairs" and mailed directly to the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oal< 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 the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligijtjons to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shaH 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 term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336,42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications,
(f) Those who have been placed on the convicted vendor list forrowing a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
10
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this.Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerateq in paragraph
19(9)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.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by emaH or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All biffs for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
11
'Wlf the Fl:Elcipient is allowed to temporarily invest any advances of funds under this
Agreement, any inter~st 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 knowinglyempfoys 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
("INAJI)J. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(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 of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement" that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or wUl be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form~LLL, "Disclosure Form to Report Lobbying."
12
3,. The Recipient shall require that this cermication be included in tile award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all sUbrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
," fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF 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 has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agre~ment, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division fdr'a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is 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.
1.8
(2.'2) LEG"!-\L .L\iJTlul;JF,:L~ATI()j\!'
. '" _ . . """.,
The F\ecipient c'3ltiiies that it helS the legal authority to receive the funds uncler this
Agreement and that it's governing body has authorized the eKecution ancl acceptance of this Agreement.
The Recipient cllso 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 F.
IN WITNESS WHEREOF, the pal1ies hereto have executed this Agreement.
FID# 59-6000-749
, ,
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
....--~~ ~
By'. ~L- C.
-- ~-,...,.,-,_.
Name and Title: W. Craia Fuaate, Director of the Division of Emeraencv Manaaement
Date:
d.~/r,~o ?
L./
fL/
(
EXHIBIT -1
THE FOllOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Department of Homeland Security - State Homeland Security Grant
, Program (SHSGP)
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $39,500
THE FOllOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
~ f.. , _ ' , .
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
Ust applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and
Training Fiscal Year 2008-2009 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 or will be in violation with 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 specific laws, rules, or regulations that pertain 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) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
15
"'\,-
Attachment A
Budget and Scope of Work
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocaUon under this award. The Recipient is to utilize the
"Proposed Program Budget" as a guide for completing the BUdget Detail Worksheet below,
':4- No mQre than 3% of the total award may be expended on Management and Administration costs by the Recipient.
"ot. At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed
Program BUdget") may be put towards Programmatic costs instead.
-4- The transfer offunds between Planning, Training, Exercises and Management & Administration is permitted, for this
contract only, whereas Management & Administration costs do notexceed 3% of the Recipient's total award.
FY 08 State Homeland Security
Grant Program - Issue 20
Monroe County
Emergency
Management
Planning
Training
Exercises
$38,315
Management & Administration
(the dollar amount which corresponds to 3% of the
total award is shown in the column on the right)
$1,185
16
Budget Detail Worksheet
The Recipient is required to provide a completed Budget Detail Worksheet, to the Division, which accounts for the total award for
issue 20 as described in the "Proposed Program Budget".
If any changes need to be made to the Budget Detail Worksheet or Metrics, after the execution of this contract, contactlhe contract
manager listed in this contract via emaH or letter,
Public Education/Outreach
Develop and implement homeland security support programs and adopt
ongoing DHS national initiatives, including State Preparedness Reports
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evaluate Citizen Corps-related volunteer
programs "
Hiring of full orpart-time staff or contractors/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
1
39,000
39,000
Travel/per diem related to planning activities
Overtime and backfill costs - Payment of overtime expenses will be
for work performed by award (SM) or sub-award employees in excess
of the established work week (usually 40 hours) related to the planning
activities for the development and implementation of the programs under
HSGP. (lAW operational Cost Guidance)
Overtime and backfill funding for emergency preparedness and response
personnel attending FEMA-sponsored and approved training classes
and technical assistance programs,
Grantees may also use FEMA grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
articipatin in FEMA trainin .
Training Workshops and Conferences - Grant funds may be used to
plan and conduct training workshops or conferences to include costs
related to planning, meeting space and other meeting costs, facilitation
costs, materials and supplies, travel, and training plan development.
Full or Part-Time Staff or Contractors/Consultants _ Full or part-time
staff may be hired to support training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unit(s} of government and have the approval of the
state or the awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured by the state in the design,
development, conduct, and evaluation ofCBRNE training. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed.
1
500
500
17
Travel - Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the pla'nning and conduct of the training project(s) or
for attending ODP-sponsored courses. These costs must be in
accordance with state law as highlighted in the OJP Financial Guide.
States must also follow state regulations regarding travel. If a state or
territory does not have a travel policy they must follow federal guidelines
and rates, as explained in the OJP Financial Guide. For
further information on federal law pertaining to travel costs please refer
to htlp:/Iww'"wjp. US~oj~gov/FinGuide.
Supplies - SUPPUflS are itemsthafarfl expended or consurMd during
the course cif the planning and conduCt Of the training project(s) (e,g.,
copying paper, gloves, tape, and non-sterile masks).
Tuition for higher education
Other Items - These costs include the rental of space/locations for
planning and conducting training, badges, etc.
Design, Develop, Conduct and Evaluate and Exercise _ The
scenarios used in HSGP-funded exercises must be based on the
State's/Urban Area's Homeland Security Strategy and plans. Acceptable
scenarios include: chemical, biological, radiological, nuclear, explosive,
cyber, agricultural and natural or technological disasters, Exercise
scenarios must be catastrophic in scope and size, as defined by the
National Res onse Frameworlc
Exercise Planning Workshop - Grant funds may be used to plan and
conduct an Exercise Planning Workshop to incluc}e; costs related to
planning, meeting space and other meeting costs, facilitation costs,
materials and supplies, travel and exercise pfan development.
Full or Part-Time Staff or Contractors/Consultants. Full or part-time
staff may be hired to support exercise-related activities. Payment of
salaries and fringe benefits must be in accordance wilh the policies of
the state or local unit(s) of government and have the approval of the
state or the awarding agency, whichever is applicable. The services of
contractorsfconsultants may also be procured to support the design,
development, conduct and evaluation of CBRNE exercises. The
applicant's formal written procurement polley orthe Federal Acquisition
Regulations (FAR) must be followed.
Overtime and backfill costs - Overtime and backfill costs associated
with the design, development and conduct of CBRNE exercises are
allowable expenses.
Grantees may also use FEMA grant funds to cover overtime and backfill
expenses for part-lime and volunteer emergency response personnel
participating in FEMA exercises.
Implementation of HSEEP (Homeland Security Exercise and
Evaluation Program
Travel- Travel costs (i.e., airfare, mileage, per diem, hotel, etc,) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the exercise project(s).
These costs must be in accordance with state law as highlighted in the
OJP Financial Guide, Slates must also follow state regulations regarding
travel. If a state or territory does not have a travel policy they must follow
federal guidelines and rates, as explained in the OJP Financial Guide.
For further information on federal law pertaining to travel costs please
refer to http://www.ojp,usdoj.gov/FinGuide.
18
Supplies - Supplle's are items iliat are expended or consumed during
the course of the planning and conduct of the exercise project(s) (e.g.,
copying paper, gloves, tape, non-sterile masks, and disposable
protective equipment).
Other Items - These costs include the re ntal of space/locations for
exercise planning and conduct, exercise signs, badges, etc.
The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security
Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber
and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctnne
and protocols located at htto:llwww.oio.usdoi,qovlodolexercises.htm#hseeQ.
Hiring of full-time or part-time staff or contractors/consultants:
-!. To assist with the management of the FY 2008SHSGP
.~ To assist with application requirements and the implementation of
the FY 2008 SHSGP
i To assist with the compllancy with reporting and data collection as
it may relate to the FY 2008 SHSGP
.J.. Meeting compliance with reporting/data collection requirements,
includin data calls.
Development of operating, plans for infonnation collection and
processing necessary to respond to DHS/ODP data calls.
Overtime and backfill costs - Overtime expenses are defined as the
result of personnel who worked over and above their normal scheduled
daily or weekly worked time in the performance of FEMA - approved
activities. Backfill Costs also called "Overtime as Backfill" are defined as
expenses from the result of personnel who are working overtime in
order to perform the duties of other personnel who are temporarily
assignedto FEMA --;spproved activities outs ide' their core
responsibilities, Neither overtime nor backfill expenses are the result of
an increase of Full':";' Time Equivalent (FTEs) employees. These costs
are allowed only to the extent the payment for such services is in
accordance with the policies of the state or unit(s) of local government
and has the approval of the state or the awarding agency, whichever is
applicable. In no case is dual compensation allowable. That is, an
employee of a unit of government may not receive compensation from
their unit or agency of government AND from an award for a single
period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may
benefit both activities. Fringe benefits on overtime hours are limited to
Federal Insurance Contributions Act (FICA), Workers' Compensation
and Unem 10 ment Com ensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting"
related expenses, please review the OJP Financial Guide at
http://www.ojp.usdoj.gov/FinGuide).
Acquisition of authorized office equipment, including personal
computers, laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy,
The following are allowable only within the contract period:
.. Recurring fees/charges associated with certain equipment, such as
cell phones, faxes, etc.
'.l. Leasing andlor rentIng of space for neWly hired personnel to
administer programs within FY 2008 SHSGP.
TOTAL
39,500
19
.....:.
Project Metrics
Planning Total Planned for Life of Grant
Assessments: (indicate yes or no)
Terrorism Risk Assessments
Identification of Critical Infrastructure and Key Assets
All-Hazards Analysis and Risk Assessments YES
Capability Gap Analysis/Shortfalls Against Planning Scenarios/Capacity
Thresholds
Point Vulnerability Assessments
Plans and Procedures Developed Enhanced:
Terrorism Preventi8n/Deterrence Plan
Site and Buffer ZolieS~curily Plan
Risl< Mitigation Plan
COOP/COG Plan YES
Interoperable Communications Plans
Develop/Enhance Emergency Operations Plans
Develop/Enhance Emergency Operations Plans: Integration of
CitizenNolu nteer Resources
Develop/Enhance Emergency Operations Plans; Other EOP Elements and
Annexes
All-Hazards Mitigation Plan YES
Crisis Communications Plan
EMAP Accreditation
Mass Casualty and Mass Fatality Plans
Critical Site/Jurisdiction Evacuation Plans, Including Sheltering Efforts
Logistics and Resource Management Plan . YES
Catastrophic Incident Response Training YES
Integration of ALL-Hazards Strategic Elements to the State Homeland Security
Strategy
Develop/Enhance Emergency Operations Plans: Integration of NIMS
Concepts/Principals
Develop/Enhance Emergency Operations Plans: Terrorism Incident Annexes
Comprehensive Emergency Management Plan
Citizen Corps Plans and Outreach
Recovery Plans
Training Total Planned for Life of Grant
(indicate actual numbers)
Number of Personnel to be Trained to Awareness Level
Number of Personnel to be trained to Management & Planning level 1
Number if Citizens Who Received Some Other Type of Training (e.g.. advanced
search and rescue. first aid, community relations, ICS)
Number of Personnel to be Trained in All-Hazards Emergency Management
Number of Personnel to be Trained in NIMSIICS
Number of Personnel to be Trained to Performance (Defensive) level
Number of Personnel to be trained to Performance (Offensive) Level
Number of CERT Team Members Trained
Number ofTraining Courses to be Institutionalized In Existing Training Systems
Exercises Total Planned for Life of Grant
(indicate actual numbers)
Number of Seminars Conducted
Number of Full-Scale Exercises Conducted
Number of Exercises Conducted (al types) that test NIMS Concepts/Principles
Number of Exercises Conducted (all types) that Address Hazards Other Than
Terrorism
Number otWorkshops Conducted
20
Numb~r of Tabletop .E)(en~ises Cqnducted
Number of Games Conducted
Number of Functional Exercises .Involving Two or More MMRS Capability Areas
Number of Drills Conducted
Number of Functional Exercises Conducted
Number of Exercises Conducted (alllypes) that include Citizen Participation
Management &. Administration Total Planned for Life of Grant
(indicate actual numbers)
Number of Contractors/Consultants Hired (Work. Years)
Number of Full-Time or Part-Time Staff Hired (Work-Years)
21
Scope of Work
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security -Federal Emergency
Management Agency National Preparedness Directorate Fiscal Year 2008 State Homeland Security Grant Program
(SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the
Scope of Work for each category below:
I. Categories and Eligible Activities
20. Planning, Training and Exercises for Local and Regional Efforts
FY 2008 SHSGP, Issue 20, allowable costs are divided into the following categories: planning, training and
exercises. In addition, management and administration costs are also allowable, Management and
administration costs may not exceed 3% of the 'Recipient's total award.
A. Planning
Public Outreach & education
Developing scenario plans that incorporate the range of prevention, protection, response, and recovery
activities for a scenario
Developing and implementing homeland security support programs and adopting DHS national initiatives
including but not limited to the following:
,... Implementing the National Preparedness Guidelines
,!, Costs associated with the adoption, implementation and adherence to NIMS compliance
requirements; including implementing the NIMS National Credentialing Framework.
-!. Modifying existing incident management and EOPs to ensure proper alignment with the NRF
coordinating structures, processes, and protocols
-L Establishing or enhancing mutual aid agreements
.i,. Developing communications and interoperability protocols and solutions
{. Conducting local, regional, and Tribal program implementation meetings
... Developing or updating'resource inventory assets in accordance to typed resource definitions issued
by the NIMS Integration Center (NIC)
;L Designing State and local geospatial data systems
!. Conducting public education and outreach campaigns, inclUding promoting individual, family and
business emergency preparedness; alerts and warnings education; and evacuation plans as well as
lED or bombing prevention awareness
;L Preparing materials for the State Preparedness Report (SPR)
Developing related terrorism prevention activities including:
~ Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion
center
~ Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion
center
;L Developing and planning for informalionlintelligence sharing groups
~ Hiring contractors and consultants to make recommendations on the development of a fusion center
,;!. Integrating and coordinating private sector participation with fusion center activities
{. Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the
National Crime Infonnation Center (NCIC) and Integrated Automated Fingerprint Identification System
(IAFIS), as appropriate
'~ 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 response to
catastrophic events and acts of terrorism
,J,. Public information/education: printed and electronic materials, public service announcements,
seminars/town hall meetings, web poslings coordinated through local Citizen Corps Councils
~ Citizen Corps volunteer programs and other activities to strengthen citizen participation
'~ Conducting public education campaigns, including promoting individUal, family and business
emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local
emergency preparedness efforts that build upon the Ready campaign
i Evaluating CIP security eqUipment and/or personnel requirements to protect and secure sites
;L elP cost assessments, including resources (e.g., financial, personnel) required for security
enhancements/deployments
.. Multi-Jurisdiction Bombing Prevention Plans (MJBPP)
{. Underwater Terrorist Protection Plans
Developing and enhancing plans and protocols, including but not limited to:
.. Developing or enhancing Eaps and operating procedures
22
--.!.
i
Developing terrorism prevention/deterrence plans
Developing plans, procedures, and requirements for the management of infrastructure and resources
related to HSGP and implementation of State or Urban Area Homeland Security Strategies
Developing or enhancing border security plans
Developing or enhancing cyber security plans
Developing or enhancing cyber risk mitigation plans
Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans
Developing public/private sector partnership emergency response, assessment, and resource sharing
plans
Developing or enhancing plans to engage and interface with, and to increase the capacity of, private
sector/non-governmental entities working to meet the human service response and recovery needs of
victims ,
Developing or updating local or regional communications plans
Developing plans to support and assist special needs jurisdictions,such as port authorities and rail
and masstransitagencies , .,' ,
Developing orenhancing continuity of operations and continUity of government plans
Developing or enhancing existing catastrophic incident response and recovery plans to include and
integrate Federal assets provided under the NRF
Developing or enhancing evacuation plans
Developing or enhancing citizen surge capacity
Developing or enhancing plans for donations and volunteer management and the
engagement/integration of private sector/non-governmental entities in preparedness, response, and
recovery aelivities
Developing or enhancing Bombing Prevention Plans
Developingschool preparedness plans
Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation,
mass care, resourcemanagement from non-governmental sources, unaffiliated volunteer and
donations management, and volunteer resource integration to support each Emergency Support
Function, to include appropriate considerations for special needs populations
Developing and implementing civil rights, civil liberties and privacy policies, procedures, and protocols
Designing and developingState and local geospatial data systems
'*-
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Developing or conducting assessments, inclUding but not limited to:
i- Conducting point VUlnerability assessments at critical infrastructure siteslkey assets and develop
remediation/security plans
t. Developing border security operations plans in coordination with cap
.L Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and
coastal areas
j. Updating and refining threat matrices
'*- Cciriducting 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
,j. Conducting Bombing Prevention Capability Analysis
-J.. 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)
,j. Activities that directly support the identification of pre-designated temporary housing sites
~ Conducting community assessments, surveys, and research of vulnerabilities and resource needs,
and determine citizen education and participation to meet the needs
i- Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys,
volunteer impact studies, and cost/benefit analysis
i- Soft target security planning (public gatherings)
Establish, enhance, or evaluate Citizen Corps-related volunteer programs
Hiring of full or part-time staff or contractorsfconsultants to assist with planning activities
j. Grantees cannot use funding to hire public safety personnel fulfilling traditional publlc safety duties,
Conferences to facilitate planning activities
Materials required to COnduct planning activities
Travel/per diem related to planning activities
Overtime and backfill
... Payment of overtime expenses will be for work performed by award (SAA) or sub-award
employees in excess of the established work week (usually 40 hours} related to the planning
activities for the development and implementation of the programs under HSGP. (lAW operational
Cost Guidance)
23
"'+....,-
B. Tralning
Funds may be used to enhance the capabilitfes of State and local emergency preparedness and
response personnel through development of a State homeland security training program. Allowable
training-related costs include: Funds used to develop, dellver, and evaluate training, including costs
related to administering the training, planning, schedUling, facilities, materials and supplies,
reproduction of materials, and equipment.
'i!. Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching
FEMA-sponsored and/or approved training courses and programs are allowed. These costs are
allowed only to the extent the payment for such services is in accordance with the policies of the
State or unites) of local government and has the approval of the State or the awarding agency,
whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit
of government may not receive compensation from both their unit or agency of government AND
from an award for a Single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may
benefit both activities. Further, overtime costs associated withemplbyees who participate in
training in a teaching role for which they are compensated are not Cillowed, Fi"lnge benefits on
overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation
and Unemployment Compensation.
oJ. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who
are on travel status for official business related to approved training.
-;/- Hiring of Full or Part-Time Staff or ContractorsfConsuttants to support training-related
activities. Payment of salaries and fringe benefits must be in accordance with the policies of the
State or unites) of 10cOll government and have the approval afthe State or awarding agency,
whichever is applicable. Such costs must be inCluded within the funding allowed for program
management personnel expenses, which must not exceed 15 percent of the total allocation as
specified in section E.6. In no case is dual compensation allowable.
-.l CertlficationfRecertiflcation of Instructors is an allowable cost States are encouraged to follow
the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and
corresponding levels of evaluation of student learning. This is particularly important for those
courses that involve'training of trainers. " ,
C. Exercises
Funds may be used to design, develop, conduct, and evaluate exercises that:
" Evaluate prevention and response plans, policy, procedures, and protocols, including N1MS and
NRP.
" Assess the readiness of jurisdictions to 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 State
Homeland Security Exercise and Evaluation Program that is modeled on the national HSEEP.
Grantees are expected to develop a self sustaining exercise program. A self-sustaining exercise
program is one that is successfully able to implement, maintain, and oversee the Multi-year Training
and Exercise Plan, including the development and delivery of HSGP-funded exercises. The program
must utilize a multi-disciplinary approach to the development and delivery tif exercises, and build
upon existing plans, training, and equipment Non-governmental participation in alf levels of
exercises is strongly encouraged, leaders from nongovernmental entitles should be included in the
planning, conduct, and evaluation of an exercise. State and local jurisdictions are encouraged to
develop exercises that test the integration and use of non-governmental resources provided by non-
governmental entities, defined as the private sector and private non-profit, faith-based, community,
volunteer and other non-governmental organizations. Non-governmental participation in exercises
should be coordinated with the local Citizen Corps Council(s).
Exercises conducted with FEMA support must be managed and executed in accordance with the
Homeland Security Exercise and Evaluation Program (H8EEP). HSEEP Volumes I-Ill contains
guidance for exercise design, development, conduct, evaluation and improvement planning. HSEEP
Volume IV provides sample exercise materials and HSEEP Volume V: Prevention Exercises contains
guidance and recommendations for designing, developing, conducting, and evaluating prevention
focused exercises. All volumes can be found at htto://hseeo,dhs.aov. All exercises using HSGP
funding must be NIMS compliant. More information is available online at the NIMS Integration Center,
htto:/Iwww.fema.aov/emerqencv/nimslindex.shtm.
Exercise Scenarios. The scenarios used in SHSGP-funded exercises include catastrophic events,
provided that they also build capabilities that relate to terrorism and based on the State or Urban Area
Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical,
24
biological, radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters.
Exercise scenarios must be catastrophic in scope and size, as defined by the National Response
Framework. Grantees that need further clarifiCation on scenarios should consult with their Stale
Exercise Manager for assistance and/or approval. Fifteen all-hazards National Planning Scenarios,
including 12 terrorism scenarios, have been developed, and will be made available for use in national,
federal, state, and local homeland security preparedness activities (See HSPD-8: Nationa/
Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non-
professionallasks 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., Super bowl, G-8 Summit, etc.), or they
anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should
plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be
evaluated and performance based, An After Action Report (AAR) and Improvement Plan will be
prepared and submitted to the State following every TTX, drill, FE, and FSE. AARlIPs must be
provided to the State within 30 days followingcornpletion of each exercise (see HSEEP Volume II,
Appendix A).
D. Management and Administration - no more than 3% of each sub-recipient's total award may be
expended on Management and Administration costs.
Hiring of full-time or part-time staff or contractors/consultants:
.. 'To assist with the management of the FY 2008 SHSGP
.. To assist with application requirements and the implementation of the FY 2008 SHSGP
.. To assist with the compliancy with reporting and data collection as it may relate to the FY 2008
SHSGP
Hiring offull-time or part-time staff or contractorsfconsultantsand expenses related to:
.. Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans fOr infonnationcollectlon and processing necessary to
respond to DHS/ODP'data calls
Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked
over and above their nonnal scheduled daily or weekly worked time in the perfonnance of FEMA-
approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the
result of personnel who are working overtime in order to perform the duties of other personnel who
are temporarily assigned to FEMA '- 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 unites) of local government and has the approval of the
state or the awarding agency, whichever is applicable. In no case is dual compensation allowable,
That is, an employee of a unit of government may not receive compensation from their unit or agency
of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though
such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal
Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related expenses, please
review the OJP Financial Guide at hltp:/lwww.oip.usdoi.aov/FinGuide).
Acquisition of authorized office equipment, including:
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 2008 SHSGP
E. Unauthorized Expenditures
.. Activities unrelated to the completion and implementation of the SHSGP
.. Other items not in accordance with the Authorized Equipment List or preViOUSly listed as allowable
costs
.. 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
25
F. 'Overtime and Bael,fill Guidance
Overtime: Expenses Incurred by those personnel who, as a result of FEMA-approved activitfes, are
f)erformlng over and above their normal, sc~eduled work hours or work week.
Bacl,fill (also called Overtime as Backfill): Expenses incurred by those personnel who are worl(ing
over and above their normal, scheduled worl( hours, or work week, in order to perform the duties of
other personnel who are temporarily assigned to FEMA-approved activities outside their core
responsibilities. The OJ? OC does not distinguish between Overtime and Overtime as Bacl,fill-they
are both viewed as overtime regardless of whether the individual has performed more hours in their
normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a
different place of duty. Overtime and backfill do not result in an increase of full-time employees
(FTEs).
II. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay
abreast of initiatfves being highlighted by DHS and to comply with associated program requirements.
A. National Incident Management System (NIMS)
Prior to Fiscal Year (FY) 2007, IMSI required jurisdictions to self-certify their NIMS compliance.
Beginning in FY 2007, NIMS compliance was determined by State, territory, Tribal Nation and local
government responses to performance-based "metrlcs". IMSI developed these compliance metrics
from previously-required Implementation objectives specified in the FY 2006 NIMS Implementation
Matrix for States and Territories and the FY 2006 NIMS Implementation Matrix for Tribal
Governments and Local Jurisdictions. Additionally, the NIMS Compliance Assistance Support Tool
(NIMSCAST) has been expanded to incorporate these metrics as well as provide stakeholders with a
way to collect and report data relating to NIMS implementation and compliance. IMSI will analyze this
data to help shape the future of its NIMS compliance program.
1. FY 2008 NIMS Compliance Requirements
In FY 2008, there are 36 NIMS compliance objectives. Twenty-four (24) of these objectives are pre-
existing objectives with which local governments must continue to comply. Only one additional
compliance objective 'under Resource Management, #21, is new to States and territories, Tribal
Nations, and local governments in this fiscal year. One objective under Preparedness: Training was
previously issued in FY 2007 and is a compliance objective requiring Tribal Nation compliance by the
end of FY 2009. IMSI identifies an additional 11 FY 2009 objectives for which States and Territories,
Tribal Nation, and Local government can plan. Projected FY 2009 compliance objective include:
.. Complete IGS-400 Advanced IGS training or equivalent by appropriate personnel (as
identified in the Five-Year NIMS Training Plan, !=ebruary 2008).
.. Complete Emergency Management Framework Course-Awareness Training (as
identified in the Five-Year NIMS Training Plan, February 2008)
.. Include preparedness organizations and elected and appointed officials in the
development of emergency operations plans (EOPs).
.. Plan for special needs populations in the development of EOPs (to include, but not limited
to, individuals with limited English language proficiency; individuals with disabilities;
children; the aged, etc.),
.. Include NGOs and the private ~ector in an all-hazards exercise program, when
appropriate.
e Promote the integration of Incident Command, Multiagency Coordination System, and
Public Information into appropriate exercises and evaluate against associated target
capabilities (refer to HSEEP Volume III and the Exercise Evaluation Guides)
.. Institute procedures and protocols for operational and information security during an
incident/planned event.
.. Institute multidisciplinary and/or multi-jurisdictional procedures and protocols for
standardization of data collection and analysis to utilize or share information during an
incident/planned event.
.. Develop procedures and protocols for communications (to include voice, data, access to
geospatial Information, InternetlWeb use, and data encryption), where applicable, to utilize
or share information during an incidentlplanned event.
.. Institute policies, plans, procedures and protocols to prevent spontaneous deployment of
resourceslpersonnel and/or responding to a request that bypassed official resource
coordination processes (Le., resources requested through improper channels).
.. Institute mechanisms to deploy, track, recover, demobilize, and to provide reimbursement
for resources utilized during response and recovery.
26
0". Utilize access control measures during an incident~ as .appropriate.
2. Local units of government should support NIMS implementation by;
o 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;//traininClJema.Clov
o Formally recognizing NIMS and adopting NIMS principles and policies. The NIC
will provide sample language and templates to assist in formally adopting NIMS
through legislative andlor executive/administrative means.
e Establish a NIMS baseline by determining which NIMS requirements are already
satisfied, Prior to Fiscal Year (FY) 2007, IMSI required jurisdictions to self-certify their
NIMS compliance. Beginning in FY 2007, NIMS compliance was determined by State,
territory, Tribal Nation and local government responses to performance-based
"metrics". IMSI developed these compliance metrics from previously-required
implementation objectives specified in the FY 2008 N1MS Implementation Matrix for
States and Territories and the FY 2006 NIMS Implementation Matrix for Tribal
Govemments and Local Jurisdictions. Additionally, the NIMS Compliance Assistance
Support Tool (NIMSCAST) has been expanded to incorporate these metrics as well as
provide stakeholders with a way to collect and report data relating to NIMS
implementation and compliance. IMSI will analyze this data to help shape the future of
its NIMS compliance program.
3. FY 2007 Requirements
In order for the State to receive FY 2008 preparedness funding, thecompliancerequirements
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,
htlp:llwww.fema.aov/nims,will be updated regUlarly with NIMS information and implementation
guidance.
B. National Preparedness System fNPSI
The NPS provides a tool to assistjurisdictions, agencies, and organizations at all levels to plan for, assess, and
track capabilities in a shared environment. I~ integrates various efforts to provide the comprehensive picture of
preparedness and progress toward achieving the Goal. Recipients are responsible forland required to report
data into this developing system. '
III. Reporting Requirements
A. Benchmarks
'.. All funds shall be obliaated within the first 6 months of the date of execution of the contract bv
both parties. no later than Mav 31. 2009.
.,L. No less than 50% of the funds shall be s'pent within the first 12 months from the date of execution
of the contract, no later than November 30, 2009.
~ 100% of the funds shall be spent within 18 months from the execution of the contract, no later than
Mav 31. 2010.
'.I- Anv unobliaated funds will be deobliaated at the end of this period and are subiect to reallocation
to other prioritized proiects.
~ Extensions to the period of performance will be considered only throuqh formal requests to FDEM
with specific and compellinq iustifications why an extension is required. AU requests for
extensions are subiect to review and will not automatically be aranted.
27
B. .Qu~iri:erlv P'r'otlrammatic ReportinQ:
The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March
31, JL)ne 30, September 30 and December 31) for the life of this contract If a report(s) is delinquent, future
financial reimbursements will be withheld until the Recipient's reporting is current
Pro
Reportin Period
Report due to DEM no later than
Janua
A rll30
April 1 throu h June 30
Jul 31
October 31
October 1 through December 31
January 31
Biannual Strateaic Implementation Report:
After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual
Strategic Implementation Report in the Grants Reporting Tool (GRT) hltos://www.reoortina.odp.dhs.aov. The
reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December 1 and
June 1 respectively.
c. Reimbursement Reauests:
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" fonn. This number can be found in the "Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" fonn.
D. Crose-C1ut ProClrammatic Reoortina:
The Close-out Report is dUe, tp the Florida Division of Emergency Management no later than 60 calendar days
after the contract is either Completed or the contract has expired.
E. Monitorina:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since
1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant
Program fUnds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responSibility to
track and monitor the status of the grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable
state and federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of
the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory
regulations.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary
areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of
records associated with the purchase and disposition of property, projects and contracts. Capability review is the
observation of equipment purchased, protocols and other associated records. Various levels of financial and
programmatic review may be accomplished during this process.
Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office
and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a
team or members of the FDEM or their designee, to actually observe records, procedures and equipment.
FreQuency of annual monitorin!:l activitv:
Each year the FDEM will identify up to 50% of sub-grantees for site visit monitoring. It is important to note that although a
given grant has been closed successfully, it is stili subject to either desk or on-site monitoring,
28
Examoles of areas that mav be examined include:
Management and administrative procedures
Grant folder maintenance
Equipment accountability and sub-hand receipt procedures
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number,trained
Status and number dfexercises
Status of planning activity
Anticipated projectedcomplelion
Specific difficulties completing the project
Agency NIMS/ICS compliance documentation
In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack there of, on the
part of the specific recipient has generated questions from the reg ion, the sponsoring state agency orthe 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 FDEM. The agency recipients will complete and submit the desk top monitoring
within 14 business calendar days of receipt. This contact will provide an opportunity to identify the need for technical
assistance (TA) and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office
via email. Information will include the grant recipient agency name, year and project description and the nature of the
issue in'question. Many of the issues that arisen;ay be resolved at the regional or sponsoring agency level. Issues that
require further TA will be referred to the FDEM for assistance. Examples ofTA include but are not limited to:
'4- Equipment selection or available vendors
.. Eligibility of items or services
... Coordination and partnership with other agencies within or outside the region or discipline
Site Visits , '
Site visits will be conducted by the FDEM or their designated personnel. Site visits will be scheduled in advanced with the
recipient agency 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 Preoaration
A letter will be sent to recipient agency Point of Contact (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 confirmed with a representative from that
location and the address should be documented in the grantee folder before the site visil.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee
folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit
Prior to the visit, individual roles will be identified for the site visit Copies of applicable documents will be made and
distributed to the site visit team at a minimum of five (5) calendar days before the visil. A reminder e-mail should be sent
to all team members and the recipient POC one business day in advance of the site visit.
29
Site Visit
Once FDEM personnel'have arrived at the site, an orientation conference will be conducted. During this time, the purpose
of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted.
they will then explain t~eir objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been
reviewed, a tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should
have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per
recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase,
Photographs should be taken of the equipment (large capitol expenditures in excess of $1 ,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to
account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the
FDEM personnel will then conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment
voucher/reimbursement, equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if
applicable.
Within 30 calendar days of the site visit, a mqnitoring report will be generated and sent to the grantee explaining any
issues and corrective actions required or recommendations. Shouldno issues or findings be identified, a monitoring report
to that effect wlll also be generated and sent to the grantee. rhe grantee will submit a Corrective Action Plan within a
timeframe as determined by the FDEM. The SiteVisit 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.
K. Programmatic Point of Contact
Contractual Point of Contact
,
Programmatic Point of Contact
Nicole Stanley
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399.2100
(850) 410-3457
Nicole.Stante
L. Contractual Responsibilities
Q The FDEM shall determine eligibility of projects and approve changes in scope of work.
.. The FDEM shall administer the financial processes,
30
1)
2)
3)
4)
5}
6)
7)
8)
9)
10)
11 )
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
Attachment B
Program Statutes and Regulations
53 Federal Register 8034
Section 1352, Title 31, US Code
Chapter 473, Florida Statutes
Chapter 215, Florida Statutes
E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66,Gommon 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 If of the Americans with Disabilities Act (ADA) (1990);
Title IX of the Education AmendmElnts of 1972;
Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
28 CFR Part 42, Subparts C,D,E, and G
Departmenfof Justice regulati9!ls on disability discrimination, 28 CFR Part 35 and Part 39.
31
...."..
Attachti'iiill:?nt C
JUST~FICA TION Of ADVANCE PA YMENl
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request IS based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the Recipient within the initial three months of
the Agreement.
{ J ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
[X J NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be sofely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (8) (C) (D)
FFY FFY FFY Total
, 2005-2006 2006-2007 2007-2008
::SCRIPTION ' ,
INITIAL CONTRACT ALLOCATION
FIRST THREE MONTHS CONTRACT
EXPENDITURES1
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
, . . .
First three months expenditures need only be provided for the years In whIch you requested an advance. If
you do not have this information. call your consultant and he or she will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $ ==
Cell D3 OEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[
1 Recipient has nb previous OCAJOEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
[
32
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional
pages if needed. ,
ESTIMATED EXPENSES
BUDGET CATEGORY 2008-2009 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
EXPlanation of Circumstances:
33
Attachment 0
WCli'r@i1ties amll Representaticli1s
Financial Manaqement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify 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, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Com petition.
All procurement transactions shall be conducted in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as welf as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise re~train trade. In order to ensure objective contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such. procurements. Awards shall be made to the bidder or offer or whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offer or must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The ReCipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict Would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shalf neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
34 .
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensinq and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
, '
35
Attachment E
....';..
Certification Regarding
Debarment, Suspension, Ineligibility
And Vohanta Exclusion
Subcontractor Covered Transactions
(1) The prospective contractor of the Recipient, I certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above st~tement. the prospective
contractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
36
.1
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requiremenfs, including OMS Circulars No. A-21, A-11 0, A-122, A-128, A-B?; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or tlie Comptroller General, through any authorized representative,
access toalld the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishmentof the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
uridl3r consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 1 02(a)of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 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 that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
37
properties ancl by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adv8t:se eHects'upOil such properiies.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Tftle I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guicle for
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
1 t. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non~discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americ<,!ns with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non~Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P .l. 97-348) dated October 19,
1982 (16 USC3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES.OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
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38
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division: Emergency Services
Bulk Item: Yes --X-
No
Department: Emergency Management
Staff Contact Person:
Jose Tezanos
AGENDA ITEM WORDING: Approval of a Federal Fiscal Year 2009 State Homeland Security
Grant Program Agreement (SHSGP), Florida Division of Emergency Management (FDEM) Grant No.
lODS~39~11~54-01~ fully grant funded and no county match, and authorization for the County
Administrator to execute any other required documentation in relation to the application process.
ITEM BACKGROUND: The FDEM has provided Monroe County an agreement which outlines
condition to provide planning, training and exercises under the State Homeland Security Grant Program
- Issue 7 in the amount of$15,000.00. This grant is intended to provide delivery ofICS 300 & 400
courses and Catastrophic Support Planning.
PREVIOUS RELEVANT DOCC ACTION: On December 16, 2009 the BOCC approved an award
letter which outlined conditions ofthis grant.
CONTRACVAGREEMENTCHANGES:Nooo
STAFF RECOMMENDATIONS: It is appropriate to accept this State of Florida Division of
Emergency Management Agreement. A revenue cost center is requested from OMB.
TOTAL COST:
None
BUDGETED: Yes
No --X
COST TO COUNTY: None
SOURCE OF FUNDS: Grant
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_
~)'V ~
APPROVED BY: County AtIy ~ V urchasing Yes
DOCUMENTATION: Included X Not Required
Year 15,000.00
Risk Management Yes
DISPosmON:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSUM:MARY
Contract with:
State of Florida DEM
Contract #lODS
Effective Date:
Expiration Date:
39-11-54-01-
Oct. 1, 2009
April 30, 2012
Contract Manager: Jose Tezanos
(Name)
6325
(Ext.)
14
(Department/Stop #)
for BOCC meetin on
Ma 19, 2010
A enda Deadline: Ma 4,2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 15,000
Budgeted? YesD No [g] Account Codes:
Grant: $ 15,000
County Match: $ 0
Current Year Portion: $ 15,000
~-~&IOI'-_
- - - -
- - ------....... ............... ...............
- - - -
- - - ............... ~
- - - -
~----
_, 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 ~er
Division Director ~/1-~t/J YesD NoEl . ~ ~
Risk Manage"!ent ~ 01.& C YesD Noe:( J1r o.
'{f...- ('}\ [?' "L - ~ ~ ----
OMBJPurcl{asi~g ~IIO YesDNo0 . 7i!fi2 2B'.
County Attorney 1,11/10 YesD NO~ - ~1fj<pf.-/hJ, L?d-J.OJ
Date Out
..2./-/9./0
Comments:
OMB Form Revised 2/27/01 MCP #2
Contract Number: 100S.39.11-54-01-
CFDA Number: 97.067
FEDERALL V-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by 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. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF lAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, iDcluding those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin October 1 2009 and shall end April 30, 2012, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and
Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-B7, "Cost
Principles for State and local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
1
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Ag reem ent.
2
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMS Circular A-133, as revised. EXHISIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMS Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMS Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMS 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 OMS Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMS
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMS Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of"the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Soulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Finance and Administration
2555 Shumard Oak Soulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at
http://harvester.census.qov/fac/collectJddet ndex. htm I
3
And to any ottler Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Finance and Administration
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients shoul,d state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to 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,
(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 Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified 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 Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and 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 Division.
4
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent 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 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copIes 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 other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information Identified in Attachment
D.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures"may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or 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 Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the 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., and the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performanc;e 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.
S
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) [f material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the 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 on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
6
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under
law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar day's prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
7
(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 named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Florida Division of Emergency Management
Bureau of Finance Grants Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488-7842
Email: carolvn.washinqton@em.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Irene Toner, Director
490 63rd Street Suite 150
Marathon, Florida 33050
Telephone: (305) 289-6325
Fax: (305) 289-6333
Email: toner-irene@monroecounty-fl.qov
(d) In the event that different representatives or addresses are designated by either party
after execu~ion of this ~greement, notice of the name, title and address of the new representative
will be provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (Hi) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
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. Stat
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
8
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes, Regulations and Special Conditions
Attachment C - Justification of Advance
Attachment D- Warranties and Representations
Attachment E - Certification Regarding Debarment
Attachment F - Statement of Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $15,000,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat.. and is contingent upon the <Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three months of the contract term. For a federally funded contract,
any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested below, the budget data on
which the request is based and a justification statement shall be included in this Agreement as
Attachment C. Attachment C will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
An advance payment of $ is requested
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
9
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Department of Community Affairs" and mailed directly to the following address:
Department of Community Affairs
Cashier
Fiscal Management
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions
or any material changes shall, at the option of the Division and with thirty days written notice to the
Recipient, cause the termination of tnis Agreement and the release of the Division from all its obligations
to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) Those who have 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
10
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(9)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
11
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient IS allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(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 of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a)" No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
12
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into thIS transaction im posed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) 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 has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery.or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. ,-Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the DiVIsion. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relatlng 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 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.
13
(22) LEGAL AUTHORIZATION.
The Reclpient certifies that it has the legal authority to receive the funds under this
Agreement and that it's 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 F.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: MONROE COUNTY EMERGENCY MANAGEMENT
By:
Name and title:
Date;
FID#
STATE OF'FLORIDA--
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title:
Date:
14
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Department of Homeland Security - State Homeland Security Grant
Program (SHSHP)
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $15,000
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AW ARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities as identified in the United
States Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate Fiscal Year 2009-10 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: Section AOO(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
15
Attachment A
Budget and Scope of Work
Proposed Program Budget
oj. Below is a genera I budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
"Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
,J, The transfer of funds between the categories listed in the "Proposed Program Budget" is pennitted.
16
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award amount as
described in the "Proposed Program Budget",
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the grant manager listed in this
agreement via email or letter.
Developing scenario plans that incorporate the range of
prevention, protection, response, and recovery activities
for a scenario
Developing and implementing homeland security SUPPOlt
programs and adopting DHS national initiatives
Developing related terrorism prevention activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full or palt-time staff or contractors/consultants
to assist with planning activities (not for the purpose of
hiring public safety personnel fulfilling traditional public
safet duties)
Conferences to facili tate planning activities
1
10,000.00
10,000.00
7
Materials required to conduct planning activities
TraveVper diem related to planning activities
Overtime and backfill costs - Payment of overtime
expenses will be for work performed by award (SAA) or
sub-award employees in excess of the established work
week (usually 40 hours) related to the planning activities
for the development and implementation of the programs
under HSGP.
Other projects areas with prior approval from FEMA
Full or Part-Time Staff or Contractors/Consultants
1
5,000.00
5,000.00
7
Travel
Supplies
Tuition for higher education
Other items
A complete list of FEMA approved courses may be found at www,oip.lIsdoi.!!ov/FEMNdocs/Elidb1c Federal Conrses.pdf
17
B. Scope of Work
TOTAL I
15,000.00
Funding is provided to perform eligible activities as identified in the Fiscal Year 2009 Homeland Security Grant Program, consistent with the
Department of Homeland Security State Strategy. The intent of this agreement is to complete the following approved projects:
I. Issues and Project Descri ption
Issue 7 - Local Planning and Training - The project provides support to Florida's 67 counties through all hazard and all-discipline
funding for a variety of plans, training and exercises, Each county was allowed to choose a gap that existed in their county from a list
of specific plans, NIMS compliant training or exercises. These exercises were also chosen from a list of tabletop, functional or
executive level. Cost estimates based on size of the county were gathered from the most recent available information.
II. Categories and Eligible Activities
Eligible activities arc outlined in the Scope of Work for each category below. FY2009 SHSGP allowable costs are divided into the
following categories: planning, training and exercise costs. Each category's allowable costs have been listed in the "Budget Detail
Worksheet" above. Eligible activities should support the above approved projects.
A. Planning
Developing scenario plans that incorporate the range of prevention, protection, response, and recovery activities for a scenario
Developing and implementing homeland security support programs and adopting DHS national initiatives including but not
limited to the following:
· Implementing the National Preparedness Guidelines
· Enhancing and implementing Statewide Communication Interoperability Plans (SCIP) and Tactical Interoperable
Communications Plans (TICP)
· Aligning SClPs and TICPs to the goals and objectives of the National Emergency Communications Plan (NECP)
· Costs associated with the adoption, implementation and adherence to NIMS compliance requirements, including
implementing the NIMS Natiqnal Credentialing Framework.
· Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating structures,
processes, and protocols
· Establishing or enhancing mutual aid agreements
· Developing communications and interoperability protocols and solutions
· Conducting local, regional, and Tribal program implementation meetings
· Developing-'or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration
Center (NIC)
· Designing State and local geospatial data systems
· Conducting public education and outreach campaigns, including promoting individual, family and business emergency
preparedness; alerts and warnings education; and evacuation plans as well as lED or bombing prevention awareness
· Preparing materials for the State Preparedness RepOlt (SPR)
Developing related terrorism prevention activities including:
· Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center
· H iring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center
· Developing and planning for information/intelligence sharing groups
· Hiring contractors and consultants to make recommendations on the development of a fusion center
· Integrating and coordinating public health care and health security data gathering (tlrreats to human and animal health) within
State and local fusion centers to achieve early waming and mitigation of health events
· Integrating and coordinating private sector participation with fusion center activities
· Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime Information
Center (NCIC) and Integrated Automated Fingerprint Identiftcation System (IAFIS), as appropriate
· Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery
· Multi-discipline preparation across first responder commlwity, including EMS for response to catastrophic events and acts of
ten-orism
· Public infOlmationleducation: printed and electronic materials, public service announcements, seminars/town hall meetings,
web postings coordinated tlrrough local Citizen Corps Counci Is
· Citizen Corps volunteer programs and other activities to strengthen citizen participation
18
.. 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 protecL and secure sites
.. crp cost assessmenLs, including resources (e.g., financial, persolUlCl) required for security enhancements/deployments
.. Multi-Jurisdiction Bombing Prevention Plans (MJBPP)
.. Underwater Ten'Orist Protection Plans
Developing and enhancing plans and protocols, including but not limited to:
.. Developing or enhancing EOPs and operating procedures
.. Developing or enhancing local, regional, or Statewide straLegic or tactical interopcrable emergency communications plans
.. Implementing Statewide Communication Interoperability Plans (SClP) and Tactical Interoperable Communications Plans
(TICP)
.. Aligning SCIPs and TICPs to the goals and objectives of the NECP
.. Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired
through this grant program
.. 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 secondary health screening protocols at major points of entry (air, rail, pOlt}
.. Developing or enhancing cyber risk mitigation plans
.. Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans
.. Developing public/private sector partnership emergency response, assessment, and resource sharing plans
.. Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-governmental
entities working to mcet the human selvice response and recovery needs of victims
.. Developing or updating local or regional communications plans
.. Developing plans to SUPPOlt and assist jurisdictions, such as port authorities and rail and mass transi L agencies
.. Developing or enhancing continuity of operations and continuity of govemment plans
.. Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets
provided nnder the NRF
.. Developing or enhancing eva~uation plans
.. Developing or enhancing citizen surge capacity
.. Developing or enhancing plans for donations and volunteer management and the engagement/integration of private
sector/non-govemmental entities in preparedness, response, and recovery activities
.. Developing or enhancing Bombing Prevention Plans
.. Developing'school preparedness plans
.. Ensuringjurisdiction EOPs adequately address warnings, emergency public infOlmation, evacuation, sheltering, mass care,
resource management from non-governmental sources, unaffiliated volunteer and donations management, and volunteer
resource integration to SUPPOlt each Emergency Support Function, to include appropriate considerations for special needs
populations
.. Developing and implementing civil rights, civil liberties and privacy policies, procedures, and protocols
.. Designing and developing State and local geospatial data systems
Developing or conducting assessments, including but not limited to:
.. Conducting point vulnerability assessments at critical infrastlllcture sites/key assets and develop remediation/security plans
.. Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or
Statewide level
.. Developing border security operations plans in coordination with CBP
.. Developing, implementing, and reviewing Area Maritime Security Plans for pOlts, waterways, and coastal areas
.. Updating and refining threat matrices
.. 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
.. Conducting Bombing Prevention Capability Analysis
.. Activities that directly suppOlt 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,
infonnation technology, and citizen preparedness}
.. Activities that directly support the identification of pre-designated tcmporUlY housing sites
.. Conducting community assessments, surveys, and research of vulnerabilities and resource needs, and detennine citizen
education and participation to meet the needs
19
· Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys, volunteer impact studies, aud
coslibenefit analysis
. Soft target security planning (public gatherings)
· Pal1icipating in the FEMA Gap Analysis Program
Hiring of full or part-time staff or contractors/consultants to assist with planning activities
· Grantees cannot use Funding to hire public safely personnel fulfilling traditional public safety duties.
Conferences to facilitate planning activities
Materials required to conduct planning activities
TraveVper diem related to planning activities
Overtime and backfill
· Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the
established work week (usually 40 hours) related to the planning activities for the development and implementation of the
programs under HSGP. (lAW operational Cost Guidance)
Other project areas \vith prior approval from FEMA
B. Training
Allowable training-related costs include, but are not limited to, the following:
Funds used to develop, deliver, and evaluate training, including costs related to administering the training,
planning, scheduling, facilities, materials and supplies, repmduction of materials, and equipment.
· Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA-sponsored
and/or approved training courses and programs are allowed. These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the State or unites) of local govemment and has the approval of
the State or the a waluing agency, whichever is applicable, In no case is dual compensation allowable. That is, an
employee of a unit of govemment may not receive compensation from both their Wlit or agency of govemment AND
from an award for a single period of time (e.g" I :00 pm to 5:00 pm), even though such work may benefit both
activities. Further, overtime costs associated with employees who participate in training in a teaching role for which
they are compensated are not allowed.
· Tr:j)'eI costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status
for official business related to approved training.
· Hiring of Full or Part-Time Staff or Contractors/Consultant~ to support training-related activities, Payment of
salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and
have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within Ule
funding al10wed for program management personnel expenses, which must not e;.;ceed 15 percent of the total
allocation as specified in section E.6, In no case is dual compensation allowable (see above).
· CertificationfRecertification of Instructors is an allowable cost. States are encouraged to follow the FEMA
Instmctor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of
evaluation of student leaming, This is particularly important for those courses that involve training of trainers. This
information is contained in an Information Bulletin #193, issued October 20, 2005.
Training Activities
States, territories, and Urban Areas are strongly encouraged to use HSGP funds to develop a State/territory homeland
security training program. Allowable training related costs under HSGP include the establishment, support, conduct,
and attendance of training specifically identified under the SHSP, UAS], MMRS, and CCP grant programs.
Allowable training topics include, but are not limited to, CBRNE terrorism, cyber/agriculture/food security,
intelligence gathering and analysis, NIMS related training, citizen alJd community preparedness, and training for
volunteers. Training conducted using HSGP funds should address a performance gap identified through an After
Action Report/Improvement Plan (AARlIP) or contribute to building a capability that will be evaluated through an
exercise. Exercises should be used to pmvide the opportunity to demonstrate and validate skills learned in training. as
wel1 as to identify training gaps. Any training or training gaps should be identified in the AARlIP and addressed in
the State or Urban Area training cycle, All training and exercises conducted with HSGP funds should support the
development and testing of the jurisdiction's Emergency Operations Plan (EOP) or specific annexes, where
app Iicable.
20
III. Program Requirements
C. National Incident Management System (NIMS) Compliance
HSPD-5, "Managemeltt of Domes/ic Inchle11ls," mandated the creation of NIMS and the National Response Plan (NRP).
NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic
incidents, regardless of cause, size, or complexity, To promote interoperability and compatibility among Federal, State,
local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and
management, preparedness, resource management, communications and information management, sUPPOlting
technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all-
discipline, all-hazards plan that provides the stlUcture and mechanisms to coordinate operations for evolving or potential
Incidents of National Significance, which are major events that "require a coordinated and effective response by an
appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities."
The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations
that SUppOlt NIMS implementation. These activities closely parallel the implementation activities that have been required
of State, telTitorial, tribal, and local governments since 2004 and can be found at
www.fema.gov/pdf/emenrencv/nims/n!!ofs.pdf.Tointegrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS compliance
requirements. This includes all emergency preparedness, response, and/or security personnel in the organization
participating in the development, implementation, and/or operation of resources and/or activities awarded through this
grant !.1l!liLcomplete training programs consistent with the NIMS National Standard Curriculum Development Guide,
Minimum training includes IS-700 NIMS: An Introduction. In addition, IS-800.a NRP: An Introduction, Incident
Command System (ICS-I 00), Incident Command System (ICS-200), IntClmediate Incident Command System (G-300), and
Advanced Incident Command System (0-400) are also reconunended. For additional guidance on NIMS training, please
refer to http://www.fema.~ov/emergencv/nims/nims training.shtm.
Additional infOlmation about NIMS implementation and rcsources for achieving compliance are available through the
NIMS Integration Center (NIC), at http://www.fema.gov/cmergency/nims/.
D. ENVIRONMENTAL PLANNING & HISTORIC PRESERV A TION COMPLIANCE GUIDELINES
The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning
and historic preservation (EHP) laws and reqnirements prior to initiation of thc project:
· New Construction, Installation and Renovation, including but not limited to:
o Emcrgcncy Operation Centers
o Security Guard facilities
o Equipment buildings (such as those accompanying communication towers)
o Waterside Structures (such as dock houses, piers, etc.)
· Placing a repeater and/or other equipment on an ex isting tower
· Renovation of and modification to buildings and structures that are 50 years old or older
· Any other constmction or renovation efforts that change or expand the footprint of a facility or structure
including security enhancements to improve perimeter security
· Physical Security Enhancements, including but not limited to:
o Ligbting
o Fencing
o Closed-circuit television (CCTYl systems
o Motion detection systems
o Barriers, doors, gates and related security enhancements
· Field based training and exercises including activities that involve ground disturbance, use of explosives.
toxic agents or otherwise have the potential to cause impact to the environment or historical resources,
This is only a requirement if the exercise or field training is not being conducted by a certified
professional or at an existing facility with established procedures.
In addition, the erection of commnnications towers that are included in ajurisdiction's interoperable communications plan
is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be
submitted to FEMA for EHP review.
EHP DETERMINATION PROCESS
I. Submit the Final Screening Memo to the SAA for review prior to funds being expended.
21
II. The SAA will review and notify the recipient of its decision. The grantee should incorporate sufficient
time and resources into the project planning process to accommodate EHP requirements.
APPROVAL I)ROCESS TO FEMA
I. Prepare a formal wrllten Scope of Work with details outlined in the attached EHP Compliance
Requirements, page 2,
II. The Final Screening Memo should be attached to all project information sent to the Grant Programs
Directorate (GPO) for an EHP regulatory compliance review.
III. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist
IV. Prepare maps indicating the location(s) of proposed project (Guidance provided)
V. Take photographs of the location(s) of proposed project (Guidance provided)
VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the
Centralized Scheduling and Infoffilation Desk (CSID) at askcsid@dhs,gov.
VII. CSID will send an email confinning receipt of the project description.
VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies recipient of
FEMA's final decision.
IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA AF PRO V AL IS RECEIVED. Grantee should incorporate
sufficient time and resources into the project planning process to acconunodate EHP requirements. Grantees
must receive written approval from FEMA prior to the use of grant funds for project implementation.
Ill. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June
30, September 30 and December 30) for the life of this contract. If a report(s) is delinquent, future financial
reimbursements will be withheld until the Recipient's reporting is cun'ent.
Re ortin Period
Re ort due to DEM no later than
A ril 30
July 31
October 31
October I thrau h December 31
Janual 31
2. Programmatic Reporting-BSIR
After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual
Strategic Implementation Report in the Grants Reporting Tool (GRT) https://www.repOltin2.odp,dhs.2ov. The
reporting periods are January I-June 30 and July I-December 31. Data entry is scheduled for December I and
June I respectively. Future awards and reimbursement may be withheld if these reports are delinquent.
3. Reimbursement Requests:
A request for reimbursement may be sent to your contract manager for review and approval at anytime dmlng
the contract period, The Recipient should include the category's con"esponding line item number in the "Detail
of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" fDlm.
4. Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the
agreement is either completed or the agreement has expired,
22
5. Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects
and equipment the Florida Division of Emcrgcncy Management (FDEM) has a responsibility to track and monitor the status of the
grant acti vity and items purchased,
The moni toring process detailed in this document is designed to assess a recipient agency's campi iance with applicable state and
federal guidelines. The FDEM is responsible for monitOling the financial, programmatic and capability portion of the grant to include
equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas
reviewed during monitoring activities - financial and programmatic/capability, Financial monitoring is the review of records
associated with the purchase and disposition of property, projects and contracts, Capability review is the observation of eqnipment
purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the
applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of
the FDEM or their designee, to actually observe records, procedures and equipment.
FreQuencv of annual monitor]n!! activitv:
Each year the FDEM will identify up to 50% of sub-grantees for site visit monitoring, It is impOltant to note that although a given
grant has been closed successfully, it is still subject to either desk or on-site monitoring for a five year period following closure.
Examules of areas that may be examined include:
Management and administrative procedures
Grant folder maintenance
Equipment accountability and sub-hand receipt procedures
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
Agency NIMS/ICS compliance documentation
In certain circumstances, the FDEM may request additional monitoringlinfonnation if the activity, or lack thereof, on the part of the
specific recipient has generated questions from the region, the sponsoring state agency or the FD EM 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 annllal basis
and as determined by the FDEM. The agency recipients will complete and submit the desk top monitoring within 14 business
calendar days of receipt. This contact will provide an opportunity to identify the need for teclmical assistance (T A) and/or a site visit
if the FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via emai!.
Information will include the grant recipient agency name, year and project description and the natnre of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further T A will be referred to the
FDEM for assistance. Examples of T A include but are not limited to:
'J. Equipment selection or available vendors
cJ.. Eligibility of items or services
"J.. Coordination and partnership with other agencies within or outside the region or discipline
23
Site Visits
Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance 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 wi 11 begin with those grantees that arc 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
req uired tasks.
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at least 30 calendar days before
the planned an'ival 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 confilmed with a representative from that location and
the address should be documented in the grantee folder before the site visit.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's con'esponding 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
pac one business day in advance of the site visit.
Site Visit
Once FDEM personnel have aJ-Tived at the site, an orientation conference will be conducted. During this time, the purpose of the site
visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and suppOlting documentation. Once the suppolting documentation has been reviewed, a
tour/visual/spot inspc.ction of equipment will be conducted.
Each item shonld 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 equ ipment as per recipient agency requ irements.
The serial number should con-espond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment
(large capital expenditures in excess of $ 1,000. per item),
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour/visuaUspot inspection of equipment has been completed, the FDEM personnel will then
conduct an exit conference witb the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement,
equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable.
Within 30 calendar days of the site visit, a monitoring repOlt will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be
generated and sent to the grantee. The grantee will submit a COITeetive Action Plan within a timeframe as determined by the FDEM.
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.
24
E. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Carolyn Washington Andrea B eeran
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd,
Tallahassee, FL 32399-2 J 00 Tallahassee. FL 32399-2100
(850) 410-1271 (850) 410-3457
carolyn, was hinQIOn@Cm,mvflorida.com Andrea ,11ecra ft@cm.Illvnorida,eoIll
F. Contractual Responsibilities
· The FDEM shall determine eligibility of projects and approve changes in scope of work.
· The FDEM shall administer the financial processes.
25
Attachment B
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) Section 1352, Title 31, US Code
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a.1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non.Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regul8;tions on disability discrimination, 28 CFR Part 35 and Part 39
Special Conditions
1. The- grantee anQ any subgrantee shall comply with the most recent version of the Administrative
Requirements, Cost Principles, and Audit Requirements. A non.exclusive list of regulations
commonly applicable to Department of Homeland Security grants are listed below:
A. Administrative Requirements
>- 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
)- 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMS
Circular A. 110)
B. Cost Principles
>- 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMS
Circular A-87)
>- 2 CFR Part 220, Cost Principles for Educational Institutions (OMS Circular A-21)
)- 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMS Circular A-122)
)- Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
26
C. Audit Requirements
}> OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
2. Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
3. The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2009 Homeland Security Grant Program guidance and application kit.
4. The recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements, new construction, and
modifications to buildings, structures and objects that are 50 years old or greater. Recipient must
comply with all conditions placed on the project as the result of the EHP review. Any change to
the approved project scope of work will require re-evaluation for compliance with these EHP
requirements. If ground disturbing activities occur during project implementation, the recipient
must ensure monitoring of ground disturbance, and if any potential archeological resources are
discovered, the recipient will immediately cease construction in that area and notify FEMA and
the appropriate State Historic Preservation Office. Any construction activities that have been
initiated without the necessary EHP review and approval will result in a non-compliance finding
and will not be eligible for FEMA funding.
5. Each State/UASI jurisdiction will contribute in full any cost share amount as submitted in the
Investment Justification.
27
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request is based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the Recipient within the initial three months of
the Agreement.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance,
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (8) (C) (D)
FFY FFY FFY Total
DESCRIPTION
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 bV line 1.)
, .
First three months expenditures need only be provided for the years In which you requested an advance. If
you do not have this information, call your consultant and he or she will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $ =
Cell 03 OEM Award MAXIMUM
(Do not include any match) ADV ANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
28
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2009-2010 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOT AL EXPENSES
Explanation of Circumstances:
29
Attachment 0
Warranties and Representations
Financial Manaqement
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
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, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMS cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide 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 excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
30
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
31
Attachment E
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
32
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will com ply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the.project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 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 that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
33
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrim ination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with tlJ.e provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
34
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division:
Emergency Services
Bulk Item: Yes ....2L.
No
Department: Emergency Management
Staff Contact PersonlPhone # Jose Tezanos/x6325
AGENDA ITEM WORDING: Approval of Modification #1 to extend expiration date from April 30,
2010 to December 31,2010 of the agreement with American Coach Lines of Miami Inc. (ACL), to
provide additional emergency transportation services to Monroe County residents, guests, workforce
and their appropriately caged or crated pets during the evacuation, re-entry and recovery phase of an
emergency as determined by Monroe County Emergency Management, and authorization for the
County Administrator to execute any other required documentation in relation to the application
process.
ITEM BACKGROUND: American Coach Line has provided transportation services since July 10,
2006 under contract with Miami-Dade Transit assuming operation of the Dade-Monroe Express, Route
#301. They assisted Monroe County with emergency transportation during the 2005 and 2008 storm
seasons, providing evacuation and re-entry services during Hurricanes Wilma and Ike, and Tropical
Storm Fay. During Hurricane Wilma, there were 60,923 total riders who utilized this service, and if
applied to the current rate of $2.25 per rider, it would equate to a potential cost to the county of
$137,077. In the event of a storm, and if a Presidential Disaster is declared, application will be made to
FEMA for reimbursement.
PREVIOUS RELEVANT BOARD ACTION: On May 16,2007, the Board approved an agreement
with ACL to provide additional emergency transportation services during evacuation, re-entry and
recovery phase.
CONTRACT/AGREEMENT CHANGES: In paragraph 3, the term of the agreement was revised to
read from May 1,2010 through December 31,2010.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $2.25 per rider INDIRECT COST: _ BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $2.25 per rider SOURCE OF FUNDS:
No_~
REVENUE PRODUCING: Yes
No~
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty X
OMBIPurchasing X
Risk Management X
DOCUMENTATION:
DISPOSITION:
Included X
Not Required_
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
American Coach Lines of Contract #_
Effective Date:
Expiration Date:
May 1,2010
December 3 I, 20] 0
Contract Manager: Jose Tezanos
(Name)
6325
(Ext. )
14
(Department/Stop #)
for BOCC meetin on
] 9,2010
enda Deadline: Ma 4, 20] 0
CONTRACT COSTS
Total Dollar Value of Contract: '$ Unknown
Budgeted? YesO No r2J Account Codes:
Grant: $
County Match: $ ..0
Current Year Portion: $ Unknown
- - - -
-~---
- - - -
-----
- - - -
--------
- - - -
------- - - --
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director 5'-!i::.JY
Risk Management ~O
O.tz13.lPurChaSing W
'Y
County Attorney 1-Jfl~JO,D
Date Out
5-lf~ /0
5"'4~ ( ()
F\
f- ;2li-~()IP
Comments:
AMENDMENT #1 TO AGREEMENT BETWEEN AMERICAN COACH LINES. INC. AND MONROE COUNTY
THIS AMENDMENT to agreement dated the day of 2010, is entered into by and between
the Board of County Commissioners for Monroe County, and AMERICAN COACH LINES OF MIAMI INC.,
a Florida for-profit corporation, located at 3595 Northwest 110th Street, Miami, Florida 33167 (UACL").
WHEREAS, there was a contract entered into on April 30th, 2010 between the parties, to offer transit
services to residents, quests, workforce and caged or crated pets during the evacuation, re-entry, and
recovery phase of an emergency as determined by Monroe County Emergency Management; and
WHEREAS, it has become necessary to extend the Agreement to allow for such services during the
2010 Storm Season;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to
the amended agreement as follows:
1. Paragraph 3. Tenn of the Agreement shall be revised to read: This Agreement is for the period
of May 1,2010 through to December 31,2010.
2. The remaining provisions of the contract dated April 30, 2007 remain in full force and effect. .
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Deputy Clerk
Mayor Sylvia Murphy
Date:
Date:
(CORPORATE SEAL)
Attest:
American Coach Lines of Miami, Inc.
By.
By
Chief Executive Officer or Corporate
Representative with Signatory Authority
Secretary
Print Name
Print Name
Date:
OR TWO WITNESSES
(1 )
(1 )
Print Name
(2)
(2)
Print Name
Amendment # 1
American Coach Lines of Miami. Inc.
ONROE COUNTY ATTOm,i'
A~ AS l.{ilJRh
. t.
YNTHfA L. ALL '.
ASSISTANT4?OUNTY A.r.'
Date - ;).Ij- :1010
. f
AMENDMENT #1 TO AGREEMEf BETWEEN AMERICAN COACH L1N(~ , INC. AND MONROE COUNTY
THIS AMENDMENT to agreement dated the ;2~ day of.4/'1 ~ 2010, is entered into by and between
the Board of County Commissioners for Monroe County, and AMERICAN COACH LINES OF MIAMI INC.,
a Florida for-profit corporation, located at 3595 Northwest 11 Olh Street, Miami, Florida 33167 ("ACL").
WHEREAS, there was a contract entered into on April 30th, 2007 between the parties, to offer transit
services to residents, quests, workforce and caged or crated pets during the evacuation, re-entry, and
recovery phase of an emergency as determined by Monroe County Emergency Management for a term of
three (3} years; and
WHEREAS, it is necessary to extend the Agreement to allow for such services during the 2010
Storm Season;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to
the amended agreement as follows:
1. Paragraph 3. Term of the Agreement shall be revised to read: This Agreement is for the period
of April 30, 2007 through December 31, 2010 unless terminated earlier under paragraph 4 of this
Agreement.
2. The remaining provisions of the contract dated April 30, 2007 remain in full force and effect. ,-
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
. Board of County Commissioners
of Monroe County
- .
Deputy Clerk
Mayor Sylvia Murphy
Date:
Date:
(CORj1{JR.' .. ATE SEAL)
Att7st: . ~\ . }
! );7 ,'\ _ (/
By.....,l~J VL..r-~
/ Secretary
I
h---
glc- C^-l~lJ~
Prrnt Name
American Coach Lines of Miami, Inc.
BY~~
lef Executive Icer or Corporate
Representative with Signatory Authority
FS~+ 'j;(\+-kvV,^-
Print Name! /
Date: 0/ !d-&:, If 0
OR TWO WITNESSES
(1 )
(1 )
(2)
(2)
Print Name
Print Name
Amendment #1
American Coach Lines of Miami, Inc,
~
ACORd
V
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
04/30/2010
- . -. - ,.- -.-.-. - -
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Marsh USA Inc.
1000 Main Street, Suite 3000
Houston, TX 77002
016276-Prime-GAXWX-09-10
ACLM
L1ADDJ ....
INSURERS AFFORDING COVERAGE
NAIC#
119445
[23841
; 19437
INSURED
American Coach Lines of Miami
3595 NW 11 Oth Street
Miami, FL 33167
INSURER A: National Union Fire Ins Co Pittsburgh PA
INSURERB: New Hampshire Insurance Company
. ...,..--.-.-----------."
INSURER C: Lexington Insurance Company
INSURER 0:
f
1
- ------- r .
INSURER E:
-COVERAGES----------------------------------------- -- - - ---------. ------------ . -------------- 4
I THE POLICIES OF INSlJRANCE LISTED BELOW HAVE BEEN-ISSUED TO THE INSURE[) NAMED ABOVE FORTHE---POLlCY PERIOD INDICATED.
I NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE I
I . ~~~~~I~J~~~ ~~c~ApYO~~~~~~~GT~gE~~~:tl%9$SA:~g~~E~A~yHl~~ :~~~~~D~~~~R~~E~A~~~~l~J~.SUBJECTTOALLTHE TERMS, EXCLUSIONS AND I
INSRj ADD'J, TYPE OF I~S~~~.~CE -~-- POLICY NUM~ER- -------- i POLICY EFFECTIVE 1 POLICY EXPIRATION'; . ... ..... -. -.. .... -..- - LIMITS -- ------ .. ... .- ,
Il TRllNSRq : DATE (MMlDDIYYYYJ OAlE (MMJDONYVY, I !
! A ! GENERALLIAalLITY iGL 1738141 : 09/16/2009 ! 09/16/2010 I EAC~OCCURRENCE:$ . 1,OQO,OOO'
: 1-; ! DAMAGE TO RENTED ; I
I I X J. COMMERCIAL GENERAL LIABILITY ; I P.8E:MISES(EaOCCU!renceL!~ "E;tLO~~O~~ I
IJj,~:",", ~~ I ! ~'::f;:~~ H~~:~I
!;;':~::'I"n~&" 7''1'' ~:i I=='''M''OPA'~~ MbQ,QjjQ!
~~gf~; ICA9798679 ! 09116/2009 ! 0911612010 1;~~~~:'~'~1-~ _:0.000
'X . HIRED AUTOS BODILY INJURY 1$
! X NON.OWNED AUTOS ' (Per accident) !
Ii PROPERTY DAMAGE
(Per accident) 1$
[
AUTO ONLY - EA ACCI DENT $
OTHER THANEAACC~=r .'. --------
AUTO ONLY:
i
IA
A
il~. ~~GE LIABILITY i
___I ANY AUTO I
I I " I
~ESS I UMBRELLA lIAB. IlITY 127471446
\~J OCCUR I"-~ CLAIMS MADE I
'1_...11 DEDUCTIBLE 'I
RETENTION $
WORKERS COMPENSATION AND WC 3715758
EMPlOYERS'LIABllITY WC 3715756 (California)
ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N WC 1177656 (Oregon)
OFFICER/MEMBER EXCLUDED? I. 'N 1
I WC 1212934 (Texas)
(Mandatory in NH) If yes, describe under
SPECIAL PROVISIONS below
OTHER Workers'
Comp./Employers' Liab.
I
i 09/16/2009
I 09/16/2010
AGG
~~CH OC~URRENCE
25,000,000
25,000,000
B
B
B
B
i
i
09/16/2009
09/16/2009
09/16/2009
09/16/2009
i
I
I
09/16/2010
09/16/2010
09/16/2010
09/16/2010
B
B
i
iwc 2087663 (Wisconsin)
Iwc 2087664 (Florida)
09/16/2009
09/16/2009
09/16/2010
09/16/2010
See Above Limits
C Excess Auto Liab. 1027666060 09/16/2009 09/16/2010 Auto LimiUExcess Auto 5,000,000
DESCRIPTION OF OPERATIDNSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Monroe County Board of County Commissioners is included as Additional Insured as required by written contract, but only for liability arising out of the
operations of the Named Insured.
-----~'. _..-----.----
CERTIFICATE HOLDER
HOU-001425622-03
CANCELLATION
Monroe County Board of County
Commissioners
490 63rd Street
Marathon, FL 33050
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
aUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER,
AglAA~~~l.EB~rfn~~ENT AliVE
John T. Riedel
ITS
AGENTS
OR
REPRESENTATIVES,
dA-"- R.....:.L.A
ACORD 25 (2009/01)
----- ~.~
@ 199B-2009 ACORD CORPORATION. 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)
APR-30-2007 16:32
AMERICAN COACH LINES
3056818134
P.02
Agreement between American Coach Lines Inc.
and Monroe County
THIS AGREEMENT is made and entered into this 3Q-Ib day of A~; 1 , 200..:1 by
and between MONROE COUNTY, a political subdivision of the State of Flori a, with principal offices
located at 1100 Simonton Street, Suite 2~205, Key West, Florida 33040 ("COUNTY"), and AMERICAN
COACH LINES OF MIAMI INC., a Florida for-profit"'>' corporation, located at 3595 Northwest 110th
Street, Miami, Florida 33167 ("ACL").
WITNESSETH:
WHEREAS~ COUNTY recognizes the need to provide additional emergency transportation
services to Monroe County residents, guests, workforce and their appropriately caged or crated pets during
the evacuation, re-entry, and recovery phase of an emergency as determined by Monroe County Emergency
Management; and
WHEREAS, County recognizes the requirement to provide for the needs of individuals with
household pets and service animals prior to, during, and following a major disaster or emergency pursuant
to the C'Pets Evacuation and Transportation Standards Act of2006 (PL 109-308, October 6,2006) amending
the Robert T. Stafford Disaster Relief and Emergency Act of 2006 (42 USCA S 5196); and
WHEREAS, the Monroe County Board of County Commissioners has allocated funds to provide
transportation services to Monroe County residents, guests, workforce and their caged or crated pets during
evacuation, re-entry, and recovery phas~; and
WHEREAS, ACL desires to offer transit services to residents, guests, workforce and their caged or
crated pets during the evacuation, re-entry, and recovery phase of an emergency as determined by Monroe
County Emergency Managvment; and
WHEREAS~ COUNTY wishes to implement additional transportation services before and after
future emergencies, to enhance the public safety and to provide additional viable means for residents,
guests, workforce and their caged or crated pets to evacuate during all phases of an emergency as declared
by of Emergency by the Monroe County Emergency Management.
NOW THEREFORE, COUNTY and ACL, through their respective governing bodies, and in
consideration of the mutual promises and covenant herein contained, hereby agree as follows:
Section 1. Services.
1.1 ACL shall provide additional transportation for the residents, guests, workforce and properly
caged or crated pets of Monroe County between Key West, Marathon and the Monroe County Evacuation
Shelter, located at Florida International University e'FIU") in Miami.
1.2 The services will commence when a local state of emergency is declared by Monroe County
Emergency Management upon and ACL shall be contacted by County to begin the service.
Page 1 of 7
8PR-30-2007 16:33
AMERICAN COACH LINES
3056818134
P.03
1.3 ACL states that it has, and shall maintain throughout the tenn of this Agreement, appropriate
licenses to perfonn the services under this Agreement; proof of such licenses shall be submitted to the
COUNTY upon request.
-=
Section 2. Payment.
2.1 The parties acknowledge that ACL has an existi.\1g agreement with Miami-Dade transit. This
Agreement is intended to be in addition to the agreement with Miami-Dade. It is understood by the parties
that ACL will be reimbursed first by Miami"Dade transit as set out under their agreement. Nothing in this
Agreement shall interfere with the Miami"Dade Agreement.
2.2 COUNTY and ACL agree that the cost of emergency u'ansportation service shall be paid by
Monroe County. The cost of the transportation shall not exceed $1.85 per person and $1.85 per pet for a one
way trip from Key West to FlU. ACL agrees to keep a written record of each person and pet that it
transports.
2.2.1 Payment under this Agreement shall be for services over and above those services which fall
under the Miami-Dade Agreement. ACL shall provide Clerk with documentation which demonstrates that
any fare charged under this Agreement is separate from fares reimbursed under the Miami-Dade agreement
and are not a duplication of the fares being reimbursed under the Miapli-Dade Agreement. Said supporting
documentation shall be acceptable to the Clerk. Payment will be made after delivery and inspection by
COUNTY and upon submission of invoice by ACL.
2.3 ACL shall submit to COUNTY invoices with supporting documentation acceptable to the
Clerk, on a monthly schedule in alTears: Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govem the ClerIc's disbursal of funds.
2.4 CqUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act.
2.5 Monroe County's performance and obligation to pay under this contract, is contingent upon an
arulUa! appropriation by the Board of County Commissioners.
Section 3. Term
This Agreement shall commence on upon the date of execution by the last signatory to the Agreement, and
shall run for three years from that date, unless terminated earlier under paragraph 4 of this Agreement.
Section 4. Termination
This Agreement may be tenninated at the discretion of either party upon not less than thirty (30) days!
written notice to the other party.
Section 5. Requirements for Evacuation'and Transportation of Pets
Pets to be transported must be properly caged or crated, must have pre-registered, and must have the
appropriate documen,tation and current vaccinations as set forth in the Monroe County Pet Friendly
Hurricane Evacuation Center Registration Guidelines.
Page 2 of 7
APR-30-2007 16:33
AMERICAN COACH LINES
3056818134
P.04
Section 6 Notices.
All notices and other comnumications required under this Agreement must be in writing and addressed as
follows: FOR COUNTY:
Irene Toner. Director
Emergency Management
490 63rd Street, Suite 150
Marathon, Florida 33050 ,-6'
Jose Tezanos, Planner
Emergency Management
490 63rd Street, Suite 150
Marathon, Florida
FOR ACt:
Brett Brittenum, Location Manager
American Coach Lines of Miami, Inc.
3595 NW HOth Street
Miami, FI 33167
Any Notice required by this Agreement shall be deemed to have been duly given if sent by
certificate mail, return receipt requested, postage and fees prepaid; hand delivered; facsimile; or by
overnight delivery service with proof of delivery.
Section 7. Governine Law. Venue. Interpretation.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to agreements made and to be performed entirely in the State. In the event that any cause of
action or administrative prclceeding is instituted for the enforcement or interpretation of this Agreement, the
COUNTY and ACL agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. Mediation conducted regarding this Agreement shall be
performed according to the rules of the 16lh Judicial Circuit for Monroe County, Florida. This Agreement is
not subject to arbitration.
Section 8 Entire Aereement/Modification/Amendment.
This writing sets forth the entire agreement of the parties with respect to the subject matter of this
Agreement. No representations were made or relied upon by either party, other than those expressly set
forth herein. No agent, employee, or other representative of either party is empowered to modify or amend
the terms of this Agreement, unless in writing signed by both parties.
Section 9 Access to Records and Audits. .
9.1 ACL 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 tenn of the Agreement
Page 3 of 7
RPR-30-2007 16:34
RMERICRN CORCH LINES
3056818134
P.05
and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to ACL pursuant to this Agreement were spent for purposes not
authorized by this Agreement, ACL shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to ACL.
-=
9.2 The COUNTY and ACL shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possessiQU or under its control subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the COUNTY and ACL in conjWlction 'With this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by ACL.
Section 10 Non~Reliance Bv Non-Parties.
10.1 No person or entity shall be entitled to rely upon the terms of this Agreement in order to
enforce or attempt to enforce any third-party claim or entitlement to or benefit from any service or program
contemplated hereunder, and COUNTY and ACL agree that neither party, nor any agent, officer, or
employee of either, shall have the authority to infOlm~ 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.
10.2 Both COUNTY and ACL understand that the employees provided by ACL for the purpose of
this disaster drill remain the employees of ACL. Execution of this Agreement does not create any
employment relationship, contractual or implied, between said employees and COUNTY.
Section 11 ~.
COUNTY is exempt from payment of Florida State Sales and Use taxes. ACL shall be responsible for any
and all taxes, or payments of withholding, related to services rendered under this Agreement.
Section 12 Insurance
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere 'Within this agreement. Failure of ACL to comply with the requirements of this section shall be
cause for immediate termination of this agreement.
Prior to execution of this agreement, ACL shall furnish the COUNTY Certificates ofInsurance indicating
the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida
Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE.
Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage
Liability. Coverage shall include all o\Vl1ed vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY.
Commercial general liability coverage with limits of liability of not less than $1.000,000.00 per occurrence
Page 4 of7
APR-30-2007 16:34
Ai"lER I CAN COACH LI NES
3056818134
P.06
combined single limit for Bodily Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE.
Original Certificates ofInsurance shall be provided to the COUNTY at the time of execution of this
Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY
before any policy or coverage is canceled or restricted. ThetJlndenvriter of such insurance shall be qualified
to do business in the State of Florida. Ifrequested by the County Administrator, the insurance coverage
shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers,
-=
Section 13 Severabilitv.
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 shall be
valid and enforceable to the fullest extent permitted by law.
Section 14 Waiver.
The failure of either party to this Agreement to object to or take affirmative action with respect to any
conduct of the other in violation of any term or condition ofthi5 Agreement shall not be construed as a
waiver of the violation or breach, or a waiver of any future violation, breach, or wrongful conduct.
Section 15 Counterparts.
This Agreement may be executed in several counterparts, each of which shall be deemed an original and
such counterparts shall constitute one and the same instrument.
Section 16 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, corporate or individual action, as required
by law.
Section 17 Covenant of No Interest.The parties covenant that they do not presently have any
interest, and shall not acquire any interest, which would conflict in any manner or degree with performance
under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this
Agreement.
Section 18 Code of Ethics.
COUNTY and ACL agree 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.
Section 19 No SolicitationIPavment.
Page 5 of 7
APR-30-2007 16:35
AMERICAN COACH LINES
3056818134
P.07
Each party warrants that, with 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 ---.g
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 ACL 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 recQver, the full amount of such fee, commission,
percentage, gift, or consideration.
Section 20 Non-Waiver of Immunitv. Notwithstanding the provisions of Sec. 768.28, Florida
Statues, the participation of COUNTY in this Agreement and the acquisition of any cornmercialliability
insurance coverage, self*insurance coverage, or local govenunent 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.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year executed
by both parties.
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Mario DiGennaro
Date:
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Date:
:~~~
Chief Executive Officer or Corporate
Representative with Signatory Authority
3~ --7 8~nr/m
Printed Name
Daled: ~Bt,AJ 2
/ ,r
s of Miami, Inc.
'"
Page 6 of 7
8PR-30-2007 15:35
Teele Ho~"t8L
Print Name /
Date: . ,/ /3d /4?
, ,
AMERICAN COACH LiNES
Page 70f7
3056818134
...f,-
P.08
TOTAL P.08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19, 2010
Division:
Emergency Services
Bulk Item: Yes X
No
Department: Fire Rescue
Staff Contact Person: Camille DubroffX6010
AGENDA ITEM WORDING: Approval to award bid and enter into an Agreement between the
Board of Govemors Fire and Ambulance District 1 of Monroe County and Advanced Data Processing
Inc. (dba ADPI-Intermedix) for ground and air rescue transport billing and related professional
services.
ITEM BACKGROUND: On Apri114, 2010 sealed bids were opened for ground and air rescue
transport billing. There were ten bids. From the ten bidders, only 3 respondents (Parastar, ADPI-
Intermedix, and Billing 911) had both ground and air transport billing experience, which was preferred.
Out of these 3 bidders, ADPI -lntennedix was the only bidder with a location in Florida and
experience with billing Florida clients. We are requesting that the Board accept the ADPI-Intermedix
bid and enter into a contract commencing on June 1, 2010 and ending May 31, 2013. The contract
provides for the option to renew two (2) additional one year periods, with the approval of the District's
governing Board. The previous contract was with ADPI- Intermedix which expires on May 31,2010.
The current compensation is 7% of total collections and $11.40 per Medicaid account. The new
contract will have a reduction in compensation to 5.50% oftotal collections for ground accounts and
4.00% of total collections for air accormts and $11.00 per Medicaid account for both ground and air
accounts.
PREVIOUS RELEVANT BOCC ACTION: On January 20, 2010 the Board (BOCC) approved the
advertisement of sealed bids for ground and air rescue transport billing.
CONTRACT/AGREEMENT CHANGES: Compensation was decreased from 7% of total
collections and $11.40 per Medicaid account to 5.50% of total collections for ground accounts, 4.00%
of total collections for air accounts and $11.00 per Medicaid accounts for both ground and air accounts.
STAFF RECOMMENDATIONS: Staff recommends approval as written.
TOTAL COST: 5.50% of ground collections INDIRECT COST: X BUDGETED: Yes LNo_
4.00% of air collections and
$11.00 per Medicaid account
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: % of collections. as shown above SOURCE OF FUNDS: Billing Collections
REVENUE PRODUCING: Yes ~ AMOUNT PER MONTH Year
APPROVED BY: County Atty~1 PSIP'fhasing _ Risk Mallagemellt_ -
DOCUMENTATION: Included ~ Not Required
DISPOSITION:
Revised 07/09
AGENDA ITEM #
O~~~Y~o~~~E
(305) 294-4641
Monroe County Fire Rescue
490 63rd Street, Suite 162
Marathon, Fl. 33050
(305) 289-6010
(305) 289-6013 Fax
TO:
MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Heather Carruthers, District 3
George Neugent, District 2
Kim Wigington, District 1
Mario Di Gennaro, District 4
Board of County Commissioners and the Board of Governors of District 1
FROM:
James Callahan, Fire Chief
DATE:
Apri127,2010
SUBJ:
Ground and Air Rescue Transport Billing Contract
This item requests approval to award the bid for ground and air rescue transport billing. The County's
recent RFP for ground and air rescue transport billing received a total of 10 (ten) proposals. A selection
committee composed of Deputy Chief Gary Boswell, Battalion Chief of EMS Chris Musser, Monroe
County Sheriff s Office Bureau Chief Mike Rice, Fire Chief James Callahan and Administrative
Assistant Camille Dubroff evaluated these proposals. As stated in the RFP, the six key criteria on
which each proposer was evaluated were:
Qualifications:
. PersOlll1ellexpertise qualifications
. Qualifications of firm including financial stability.
. Years in business
. Operation in Florida providing EMS billing services.
Experience:
. Experience in EMS ground billing.
. Experience in EMS air billing.
. Government/municipal experience.
. Billing experience in Florida with regard to ground and air transport.
Technical:
. Experience with interfacing with electronic patient care reports and electronic billing.
. Experience and interface with Zoll ePCR suite.
. Technical support and assistance.
. Availability
Nearest Office
Price
Local Preference
In addition, the County asked each proposer to provide proof ofthe following qualifications:
. Proof that the Respondent has a completed Statement in Auditing Standards No. 70 (SAS 70
audit) within the past year.
. Proof that the Respondent has experience interfacing with batch electronic patient care reports
generated in Extensible Markup Language (XML) utilizing the NEMSIS EMS Dataset Schema.
. Documentation showing that the Respondent has experience in which ground transport and/or
air transport billing services are currently being performed.
· The number of years the Respondent has operated under its present name and any prior names.
. The number of years the Respondent has been operating and, if different, the number of years it
has been providing the services, goods, or construction services called for in this Request.
· Customer References (at least three).
Below is a brief summary of the proposals and our recommendation.
Seven (7) of the bidders did not provide any proof of air billing experience which was preferred. They
were MDP Inc., Ambulance Medical Billing, EMS Management & Consultants, 911 Pro Billing,
Pridemark Billing Services, Med 3000 and Diversified. From these seven, six ofthese bidders were
also located out of state in Boston, MA; Watsontown, PA; Clemmons, NC; Watuoma, WI; Arvada,
CO; and Pittsburgh, P A respectively. From this group, only Diversified had a location in Virginia and
Tampa, Fl. Out of these seven bidders, five did not provide information to show that they had billing
experience ill' Florida. The exceptions were 911 Pro Billing and Diversified. 911 Pro Billing states that
they recently were awarded a bid in Coral Springs, FL but it was not clear whether this account is
active yet. Diversified stated that they have eight (8) Florida clients, none of which are air accounts.
All seven ofthese were carefully reviewed and eliminated from the process due to either pricing, lack
of experience in air rescue billing, location and/or other factors that did not meet the requirements of
the RFP.
The top 3 remaining responses who had experience in both ground and air rescue transport billing were
Parastar Inc., Billing 911 and Advanced Data Processing Inc. (dba ADPI-Intermedix).
Parastar Inc. did not provide any data to show if they have any Florida clients or experience in billing
in Florida. The pricing was 6.25% for ground accounts, 4.00% for air accounts, $11.40 for ground
Medicaid accounts and $40.00 for air Medicaid accounts. The price for the air Medicaid accounts was
not competitive at $40.00 per account. They are located in Southfield, Michigan.
Billing 911 did not provide any data to show if they have any Florida clients or experience in billing in
Florida. Their pricing was 10.0% per ground account, 7% per air account, $11.40 per ground Medicaid
account and $81.60 per air Medicaid account. This proposal contained the least competitive pricing out
of all ten of the bidders. They are located in Watsontown, Pennsylvania.
2
Advanced Data Processing proposed the most responsive bid as they have both ground and air billing
experience. They are located in the south Florida and have approximately 56 Florida clients. The
pricing was the most competitive out ofthe 3 bidders that had both ground and air billing experience at
5.50% for ground transports, 4.00% for air transports and $11.00 per Medicaid account for both.
It is therefore the recommendation ofthe selection committee after careful review of all the proposals
that Advanced Data Processing Inc. (dba ADPI-Intermedix) be selected as the County's ground and air
rescue transport billing service.
Should you have any questions or wish to discuss any of the proposals please let me know.
3
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
ADPI~Intermedix
Contract #_
Effective Date:
Expiration Date:
06/01/2010
05/31/2013
Contract Purpose/Description:
Contract for ground and air rescue transport billing and related professional services.
Contract Manager: Camille Dubroff
(Name)
6010
(Ext. )
Emergency Services / Stop 14
(Department/Stop #)
for BOG meeting on
05/19/2010
Agenda Deadline: 05/04/2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 5.50% ahotal
ground collections;
4.00 % of total air
collections and
$11.00 per Medicaid
account for both.
No D Account Codes: 13001 530340 Ground / llOOJ 530340 Air
Current Year
Portion: $
Budgeted? Yes[g]
Grant: $
County Match: $
- ... - -
---------
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director 5- '(.../ 0
Risk Management ~
o.~pur~aSing . Mo
County Attorney ~~
Changes
Ye~D~~cr ~~.' er
YesON~ ~"
Date Out
YesDNo
5-,/--/0
4,- 3fT
silO
4"U-hfo
YesDNo
Comments:
OMB Form Revised 2/27/01 Mer #2
CONTRACT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA
AND
THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1
OF MONROE COUNTY, FLORIDA
AND
ADVANCED DATA PROCESSING INC. (DBA ADPI-INTERMEDIX)
FOR GROUND AND AIR RESCUE TRANSPORT BILLING
AND RELATED PROFESSIONAL SERVICES
TIDS CONTRACT, hereinafter "CONTRACT OR AGREEMENT" is made and entered
into this 19th day of May, 2010 by and between the BOARD OF COUNTY
COMMISSIONERS and the BOARD OF GOVERNORS OF FIRE AND AMBULANCE
DISTRICT 1, MONROE COUNTY, a political subdivision of the State of Florida, with
principal offices located at 490 63rd Street, Marathon, FL 33050 (the District and Monroe
County are hereinafter referred to collectively as the "COUNTY"), and ADVANCED
DATA PROCESSING, INC. DBA ADPI-INTERMEDIX, hereinafter referred to as
"CONTRACTOR":
WITNESSETH:
WHEREAS, the COUNTY a9-vertised a notice of request for proposals for GROUND
AND AIR RESCUE TRANSPORT BILLING;
WHEREAS, the successful Respondent was Advanced Data Processing Inc. (DBA ADPI
- Intetrnedix., and;
WHEREAS, this CONTRACTOR represents that it is capable and prepared to provide
such services, and;
WHEREAS, the COUNTY intends to enter into an agreement for the provision of rescue
air and ground transport billing and related professional services by the CONTRACTOR
to the COUNTY; and,
WHEREAS, the CONTRACTOR represents that it is capable and prepared to provide
such Services:
NOW THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
1. CONTRACT PERIOD AND RENEWAL - The term of this Agreement shall be for a
three (3) year term from June 1. 2010 through May 31. 2013, with the option to renew for
two (2) additional one year periods at the sole option of COUNTY, subject to
cancellation as provided herein. The COUNTY'S performance and obligation to pay
under this contract, is contingent upon an annual appropriation by the Board of County
Commissioners.
2. SERVICE TO BE PERFORMED BY CONTRACTOR - The CONTRACTOR shall
perform the services as specifically stated in the Scope of Services (Attachment A)
without requirement for the issuance of any additional work orders. Additional services
may be issued in the form of a Work Order. Each Work order will set forth a specific
Scope of Services; amount of compensation, deliverables and completion date and shall
be subject to the approval of the COUNTY. CONTRACTOR shall perform no additional
services until any applicable Work Order is obtained from the COUNTY and
countersigned by the CONTRACTOR.
3. COMPENSA nON - The CONTRACTOR shall provide to the COUNTY a monthly
invoice representing fees for the services provided computed as:
A. Five point five zero percent (5.50%) for ground accounts and four point zero per
cent (4.00%) for air accounts; of all monies collected by the CONTRACTOR;
excluding Medicaid accounts; during the previous month.
B. In compliance with Florida Statutes 409.913 (9); the CONTRACTOR shall
include in the same invoice an amount of$11.00 per processed Medicaid account
for both ground and air accounts providing all billing services related to such
accounts processed in the previous month; regardless of whether or not payment
was received.
C. Price shall include but not be limited to all stationery; fax forms, envelopes;
mailings, postage and. telecommunications/phone facilities/charges.
D. Ground and Air Rescue Transport Billing shall be invoiced separately.
4. STANDARD OF CARE - CONTRACTOR shall exercise the same degree of care,
skill; and diligence in the performance of Services as is ordinarily provided by a
professional CONTRACTOR, offering services for local governments in South Florida;
under similar circumstances and CONTRACTOR shall, at no additional cost to the
COUNTY, re-perform services which fail to satisfy the foregoing standard of care.
5. INDEPENDENT CONTRACTOR - The CONTRACTOR is an independent
contractor and net an employee or agent of the COUNTY except that CONTRACTOR
shall be authorized as an agent as follows: To the extent necessary to fulfill its billing and
collection efforts under this Agreement; the CONTRACTOR is authorized to execute the
following types of standard forms and correspondences only: probate filings; letters to
patients or their representatives verifying that an account is paid in full; forms verifying
the tax-exempt status of the COUNTY; and insurance filings and related forms. The
CONTRACTOR has no authority to sign any other documenfs except as specifically
authorized by the COUNTY.
CONTRACTOR undertakes performance of the Services as an independent contractor
and shall be wholly responsible for the methods of performance. CONTRACTOR shall
work closely with the COUNTY in performing Services under this Agreement.
The CONTRACTOR shall retain full control over the employment, direction,
compensation and discharge of all persons assisting in the performance of service by
CONTRACTOR. The CONTRACTOR shall be fully responsible for all matters relating
to payment of employees, including compliance with Social Security, withholding tax
and all other laws and regulations governing such matters. The CONTRACTOR shall be
responsible for its own acts and those of its agents and employees during the term of this
contract. The CONTRACTOR shall not receive any the COUNTY benefits, stipend or
privileges afforded by the COUNTY employees.
2
6. COMPLIANCE WITH LAWS - In performance of the Services, CONTRACTOR will
comply with applicable regulatory and other applicable requirements including federal,
state, and local laws, rules regulations, orders, codes, criteria and standards.
7. ADDITIONAL REQUIRED STATEMENTSNERIFICATION/AFFADAVITS-
Attached hereto and incorporated herein are Attachments B, C, D, E, and Fare Non-
Collusion Affidavit, Public Entity Crime Statement, Drug Free Workplace Form, Conflict
of Interest Clause and Indemnification to Hold Harmless.
8. INSURANCE - During the term of this contract, the CONTRACTOR must keep in
force and affect the insurance required by Attachments G. Attachment G is attached and
incorporated into this contract.
The insurance coverage and conditions afforded by this policy(s) shall not be suspended,
voided, canceled or modified, except after thirty (30) days prior written notice by
Certified Mail Return Receipt Requested, has been given to the COUNTY department
that originated this contract.
Certificates of Insurance meeting the specific required provision specified within this
Contract! Agreement shall be forwarded to the COUNTY department that originated the
contract, and approved prior to the start of any work or the possession of any the
COUNTY property or the commencement of services, as application.
9. MONROE COUNTY'S RESPONSIBILITIES - The COUNTY, during the term of
this Agreement, shall:
A. Supply the electronic "Run Report" to CONTRACTOR with the necessary patient
information on a timely basis for those patients that have been transported by
Fire-Rescue Services and in sufficient detail to support diagnosis and procedure
coding and make reasonable efforts to provide patient demographic information
necessary for accurate patient identification including name, address, social
. security ~umber, date of birth, and telephone number.
B. Provide CONTRACTOR with its approved billing policies and procedures
including fee schedules and collection protocols. The COUNTY shall be
responsible for engaging any third party collection service for uncollectible
accounts after CONTRACTOR has exhausted its collection efforts.
C. Make reasonable efforts to timely process refunds identified by CONTRACTOR
for account overpayments.
D. Provide a Lock Box address to CONTRACTOR and will instruct Lock Box to
forward all Lock Box documents to CONTRACTOR for processing.
E. Provide for CONTRACTOR to have daily bank balance reporting capabilities via
internet access with bank.
F. Comply and cooperate with CONTRACTOR in all matters to ensure proper
compliance with all Federal, State and local laws rules and regulations as
applicable to the services being contracted for.
10. TERMINATION OF AGREEMENT - During the time of this Agreement either
party may terminate this Agreement for convenience by first giving to other party at least
thirty (30) days prior written notice. Upon notice oftermination CONTRACTOR shall
take all steps necessary to close out any accounts with an open balance and will be
responsible for complying with all provisions of this contract until the termination date.
CONTRACTOR will not assume new accounts after such notice of termination.
3
CONTRACTOR will be paid for its services through the termination date and
CONTRACTOR will not incur any expense after notice of termination except those
necessary to properly wind up its obligations under this contract and properly perform
this contract. All money received on accounts by CONTRACTOR after the termination
date will be forwarded to the COUNTY without regular compensation being paid to the
CONTRACTOR. CONTRACTOR will further cooperate with any successor by turning
over all records and any other documents or equipment in hard copy to useable electronic
format to the COUNTY or the new billing company. CONTRACTOR will pay the
COUNTY all funds due and owing to it as the termination of this contract. The provision
for CONTRACTOR to turn over documents and to provide all funds due and owing the
COUNTY will survive the termination of this contract.
In the event the acts constituting default are a violation of law, CONTRACTOR shall be
subject to immediate termination. Notwithstanding the provisions above, the COUNTY
shall not have any right to cancel this contract without cause.
Upon termination, the CONTRACTOR shall submit an invoice(s) to the COUNTY in an
amount(s) representing fees for services actually performed or obligations incurred to the
date of effective termination for which the CONTRACTOR has not been previously
compensated. Upon payment of all sums found due, the COUNTY shall be under no
further obligation to the CONTRACTOR, financial or otherwise.
11. NONDISCLOSURE OF PROPRIETARY INFORMATION - CONTRACTOR shall
consider all information provided by the COUNTY and all reports, studies calculations,
and other documentation resulting from the Contractor's performance of the Services to
be proprietary unless such information is available from public sources or is a public
record under Florida law. CONTRACTOR shall not publish or disclose proprietary
information for any purpose other than the performance of the Services without the prior
written authorization of the COUNTY or in response to legal process or orders of a court
of competent jurisdiction.
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, which are public records and which are 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.
12. UNCONTROLLABLE FORCES - Neither the COUNTY nor CONTRACTOR shall
be considered to be in default of this Agreement if delays in or failure of performance
shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non-performing party could not avoid. The term "Uncontrollable Forces"
shall mean any event which results in the prevention or delay of performance by a party
of its obligations under this Agreement and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to fire, flood, earthquakes,
hurricanes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, Acts of
God and governmental actions.
Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
4
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
13. MISCELLANEOUS
A. Non Waiver - A waiver by either the COUNTY or CONTRACTOR of any breach
of this Agreement shall not be binding upon the waiving party unless such waiver
is in writing and duly signed by both parties to this agreement. In the event of a
written waiver, such a waiver shall not affect the waiving party's rights with
respect to any other or further breach. The making or acceptance of a payment by
either party with knowledge of the existence of a default or breach shall not
operate or be construed to operate as a waiver of any subsequent default or
breach.
B. Severability - The invalidity, illegality, or unenforceability of any provision of
this Agreement, or the occurrence of any event rendering any portion or provision
of this Agreement void or voidable, shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement. Any void or
voidable provision shall be deemed severed from the Agreement and the balance
of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further
agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
The provisions of this section shall not prevent the entire Agreement from being
held void should a provision which is of the essence of the Agreement be
determined to be void by a court of competent jurisdiction.
C. Political Campaigns - During the term of this Agreement, the CONTRACTOR or
any employee or associate, shall not be involved in any political campaign for the
COUNTY elective office nor make financial contribution to any such campaign.
D. Contractor Records - Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this
Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent
for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03, FS, running from
the date the monies were paid to Contractor.
E. Attorney's Fees and Costs - The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing
party, and shall include attorney's fees, 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.
5
F. 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.
G. Authority - Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been dilly authorized by all
necessary County and corporate action, as required by law.
H. 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 such applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to
submission.
I. Adjudication of Disputes or Disagreements - County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
J. 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 De required to enter into any arbitration proceedings related
to this Agreement.
K. 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 ofthe 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 ofrace, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 use ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 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 ofthe 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
6
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 ofrace, 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.
L. Covenant of No Interest - County and Contractor covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this Agreement.
M. 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.
N. No Solicitation/Payment - The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the
provision, the Contractor agrees that the County shall have the right to terminate
, this Agreement without liability and, at its discretion, to offset from monies owed,
or otherWise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
O. 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.
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
thereofby 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.
7
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 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.
R. 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.
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 singing any such counterpart. ~
14. INTEGRATION AND MODIFICATION - This Agreement is adopted by the
COUNTY and CONTRACTbR as a final, complete and exclusive statement of the terms
of the Agreement between the COUNTY and CONTRACTOR. This Agreement
supersedes all prior agreements, contracts, proposals, representations, negotiations, letters
or other communications between the COUNTY and CONTRACTOR pertaining to the
Services, whether written or oral. The Agreement may not be modified unless such
modifications are evidenced by an amendment in writing signed by both the COUNTY
and CONTRACTOR.
15. OWNERSHIP OF DOCUMENTS - CONTRACTOR shall be required to work in
harmony with other CONTRACTOR'S relative to providing information requested in a
timely manner and in the specified form. Any and all documents, records, disks, original
drawings, or other information shall become the property of the COUNTY upon
completion for its use and distribution as may be deemed appropriate by the COUNTY.
Failure to turn over such documents within seven (7) days of when requested may be
cause for the COUNTY to withhold any payments due CONTRACTOR or to enforce this
clause by legal remedies.
16. NOTICE - Any notice, demand, communication, or request required or permitted
hereunder shall be in writing and delivered in person or sent by certified mail, postage
prepaid as follows:
As to the COUNTY
MONROECOUNTYEMERGENCYSER~CES
Attention: Fire Chief James Callahan
490 63rd Street Ocean
Marathon, FI 33050
8
As to CONTRACTOR
Advanced Data Processing Inc. (DBA ADPI-INTERlvIEDIX)
6451 North Federal Highway, Suite 1002
Fort Lauderdale, FL 33308
Notices shall be effective when received at the address specified above. Changes in the
respective addresses to which such notice may be directed may be made from time to
time by any party by written notice to the other party. Facsimile is acceptable notice
effective when received, however, facsimiles received (i.e. printed) after 5:00 p.m. or on
weekends or holidays, will be deemed received on the next business day. The original of
the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of CONTRACTOR and the COUNTY.
17. Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners of Monroe County,
Florida.
18. Venue for any litigation arising under this contract must be in a court of competent
jurisdiction in Monroe County, Florida. This Agreement is not subject to arbitration.
IN WITNESS WHEREOF, each party hereto has caused this contract to be executed by
its duly authorized representative.
(SEAL)
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
A TrEST: DANNY L. KOLHAGE, CLERK
By:
By:
Deputy Clerk
Mayor
BOARD OF GOVERNORS OF
FIRE AND AMBULANCE
DISTRICT 1, OF MONROE
COUNTY, FLORIDA
By:
Mayor/Chairman
Advanced Data Processing, Inc.
(DBA ADPI-INTERMEDIX)
Print Name and Title
Date:
Approved by MONROE COUNTY on
,2010, Item #
9
As to CONTRACTOR
Advanced Data Processing Inc. (DBA ADPI-INTERMEDIX)
6451 North Federal Highway, Suite 1002
Fort Lauderdale, FL 33308
Notices shall be effective when received at the address specified above. Changes in the
respective addresses to which such notice may be directed may be made from time to
time by any party by written notice to the other party. Facsimile is acceptable notice
effective when received, however, facsimiles received (i.e. printed) after 5:00 p.m. or on
weekends or holidays, will be deemed received on the next business day. The original of
the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of CONTRACTOR and the COUNTY.
17. Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners of Monroe County,
Florida.
18. Venue for any litigation arising under this contract must be in a court of competent
jurisdiction in Monroe County, Florida. This Agreement is not subject to arbitration.
IN WITNESS WHEREOF, each party hereto has caused this contract to be executed by
its duly authorized representative.
(SEAL)
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE, CLERK
By:
By:
Deputy Clerk
Mayor
BOARD OF GOVERNORS OF
FIRE AND AMBULANCE
DISTRICT 1, OF MONROE
COUNTY, FLORIDA
By:
Mayor/Chairman
Advanced Data Processing, Inc.
(DB~-Tf-RMEDIXJ
Print ame and Title ()
Do~ S h{)JYIofl/ {re.sldell +
Date: <-II;L 1 to
Approved by MONROE COUNTY on
,2010, Item #
9
ATTACHMENTS AND FORM:S:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Scope of Work
Non-Collusion Affidavit
Public Entity Crime Statement
Drug Free Workplace Form
Lobbying & Conflict of Interest Clause- (Ethics Clause)
Indemnification and Hold Harmless
Insurance Documents
10
Attachment A
SCOPE OF WORK
The CONTRACTOR shall provide the COUNTY with timely and accurate complete
medical billing and accounts receivable management services for the COUNTY'S ground
and air rescue transport billing services and related professional services in accordance
with the responsibilities outlined as follows:
1. Initial Patient Treatment and Information
A. On a case by case basis, the COUNTY will respond to patients requiring
immediate medical treatment and emergency medical transportation services.
Upon treating each patient, the COUNTY shall provide the CONTRACTOR with
patient information identified on the "Run Report". CONTRACTOR shall be
solely responsible for retrieving insurance information and any additional patient
information which was not identified on the "Run Report" provided by the
COUNTY. CONTRACTOR shall utilize "Run Report" information and any
additional information retrieved by CONTRACTOR to file proper patient billing
and insurance information. CONTRACTOR shall establish arrangements with
hospitals to obtain/verify patient insurance and contact information.
CONTRACTOR shall contact the U.S. Post Office's National Change of Address
(NCOA) files or other similar services to obtain the correct billing addresses and
phone numbers for patients that have left the area, or whom have invalid
information.
B. CONTRACTOR shan reconcile the number of patients that are transported for
emergency medical services with those received. The CONTRACTOR shall
report discrepancies to the COUNTY within three (3) business days of receipt.
C.' As requested by the COUNTY, CONTRACTOR shall provide the COUNTY'S
Fire Rescue Services Paramedics Personnel with training on the gathering of
necessary information to be adhered on Run Reports for the purpose of assisting
CONTRACTOR with the proper submission and processing of patient data.
2. Patient Billing
A. CONTRACTOR shall mail an invoice to each patient for emergency
transportation service at current rates set forth by the COUNTY as follows:
Ground Ambulance:
$600.00 for Basic Life Support (BLS)
$600.00 for Advance Life Support One (ALSI)
$800.00 for Advance Life Support Two (ALS2)
$12.00 per mile
Air Ambulance:
$5500.00 for Air Ambulance Transport Fee
$80.00 per mile
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B. The aforementioned rates shall be subject to change at the COUNTY'S discretion
at any time throughout the term of the agreement; the COUNTY agrees to notify
CONTRACTOR a minimum of seven (7) days prior to any rate changes.
C. The CONTRACTOR shall provide all self pay patients with a comprehensive
statement/invoice including a courtesy return payment envelope. The front of the
statement shall describe all charges and payments. The reverse side of the
statement shall have clearly marked entry blocks for information needed to file
private insurance claims. CONTRACTOR shall file claims and send an invoice
to all self pay patient/payors with return envelope and address as specified by the
COUNTY within five (5) days of receipt of incident information. Subsequent
invoices to self-pay patient/payor will be sent at thirty-five (35) day intervals, up
to a maximum of six invoices.
CONTRACTOR shall send one initial statement/invoice to a patient for whom
Medicare, Medicaid or private insurance (payor) information is available when
an account is filed to the insurance company. These statements will be mailed at
45 days from filing the insurance claim. Thereafter, CONTRACTOR will send a
maximum of six invoices to payor.
In the course of time that the six invoices are sent to patient/payor and payment
in full has not yet been received, CONTRACTOR shall provide follow-up on
rejected and inactive claims and establish payor remittance accounts and
procedures. In the case of patients for whom payor information is available,
CONTRACTOR at that time shall resume sending invoices to patient and shall,
within fourteen (14) days of receiving a final decision from the payor, send a
maximum offive (5) 'additional invoices to the patient every thirty-five (35) days
thereafter in an attempt to collect the claim.
. Unless insurance, Medicare, Medicaid or secondary insurance payment is
pending, CONTRACTOR shall on a monthly basis send all eligible accounts that
have not had activity for 210 days or more from the date of service a Pre-
Collection Letter. The Pre-Collection Letter will be provided to the
CONTRACTOR by the COUNTY. These accounts have thirty (30) days to
respond to the CONTRACTOR. Once the thirty (30) days have expired, the
CONTRACTOR shall send the COUNTY a list of all accounts along with a
complete processing history once collection efforts are exhausted. These
uncollectible accounts will be forwarded by the CONTRACTOR onto a third
party collection agency named by the COUNTY for further attempts at collecting.
These accounts sent to the third party collection agency will be sent via a secure
site provided by the CONTRACTOR. The CONTRACTOR will continue to work
with the third party collection agency on a case by case basis for those accounts
requiring additional information.
D. CONTRACTOR shall negotiate and arrange modified payment schedules for
patients unable to pay the full amount when billed. CONTRACTOR shall not
reduce the amount owed and shall not negotiate settlements. All settlement
requests shall be forwarded to the COUNTY for review, processing and BOARD
approval.
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E. CONTRACTOR shall process refund requests within the month following an
overpayment and provide the COUNTY with documentation substantiating each
refund requested.
F. Where CONTRACTOR has found no method of payment for a patient after all
insurance avenues are exhausted including State Medicaid and local HRS or
municipal programs, such cases that cannot be forwarded to the collection
agency will be submitted to the COUNTY in writing once a year, for final
resolution along with appropriate documentation (i.e. hospital credit status, credit
file information, activity file). At the instruction of the COUNTY,
CONTRACTOR shall write off any amounts or make any adjustments to a bill,
including, but not limited to; patient disputes regarding mileage, special handling
charges or the bill in its entirety.
G. CONTRACTOR shall provide the COUNTY with real-time read only electronic
look-up access of CONTRACTOR'S patient data and billing information system.
CONTRACTOR shall provide the facilities to receive patient billing information
from the COUNTY electronically. CONTRACTOR- This may be done through
email or other method that meets Patient Privacy requirements.
H. Via Resolution 152-2009, the COUNTY provides a Trauma Star Air Ambulance
Resident Fee Waiver Program, whereby the COUNTY has agreed to accept
insurance proceeds as full payment for the air transport using Trauma Star for
qualified residents (trauma scene and interfacility transport).
CONTRACTOR shah provide all air ambulance accounts with a Trauma Star Air
Ambulance Resident Fee Waiver Program application in each monthly statement.
This application will be provided to the CONTRACTOR by the COUNTY. The
application contains eligibility requirements for the Trauma Star Resident Fee
Waiver Program and directs the patient on how to apply. The CONTRACTOR
will provide the COUNTY with all completed applications for verification and
determination. The COUNTY will notify the CONTRACTOR of the conclusion
on all applications. The CONTRACTOR will verify that all billing sources have
been exhausted and then place a hold on all Approved accounts. The
CONTRACTOR will adjust balances on these accounts as directed by the
COUNTY.
I. CONTRACTOR shall not bill Monroe County Sheriffs Office or Monroe
County for transportation services rendered via Trauma Star to arrestees, which
are arrested for violation of state law or county ordinance, when all other
reimbursement sources have been sought since the transportation services are
already funded by Monroe County and to bill for such services would be a
misuse of time and resources per Resolution #449-2009 approved November 18,
2009.
3. Patient Filing
A. CONTRACTOR shall file all insurance claim forms for all patients based upon
information received from Run Report and research performed by
13
CONTRACTOR. CONTRACTOR shall provide prompt submission of required
paperwork to Medicare, Medicaid, Insurance Companies or Third Party Payers
for claims, reviews, resubmission, provider agreements and other as required
within 72 hours after receiving the requested "Run Report" from the COUNTY.
CONTRACTOR shall submit secondary insurance provider claims after the
primary insurance provider has paid within 30 days after receipt of payment from
primary insurer. Upon receipt of notice of claim denial, requirement for
additional information, Explanation of Benefits reflecting underpayment or other
notice requiring submission of documents to the third party provider
CONTRACTOR shall within 45 days re-file Medicare, Medicaid, or Insurance
claims to obtain payment. CONTRACTOR shall maintain responsibility for
obtaining missing or incomplete insurance information. CONTRACTOR shall
process all third party reimbursements within one week after receipt of
appropriate billing information from primary payor.
B. CONTRACTOR shall utilize the most up-to-date knowledge and information
with regard to coding requirements and standards and proper preparation of
electronic and paper insurance filings to ensure compliance with applicable
Federal, State and local regulations.
4. Maintaining Records
A. CONTRACTOR shall maintain records in an electronic format that is readily
accessible by the COUNTY and meets all federal and state requirements for
maintaining patient medical records.
B. CONTRACTOR shall maintain appropriate accounting procedures for reconciling
all deposits, receivables, billings, patient accounts, adjustments and refunds.
C. CONTRACTOR shall facilitate proper security of confidential information and
further shred and dispose of materials containing such information.
D. CONTRACTOR shall implement and comply with a Compliance Plan consistent
with the intent and activities included in the U.S. Office of Inspector General
(OIG) Compliance Program Guidance for Third Party Medical Billing Companies
63 FR 70138; (December 18, 1998).
E. CONTRACTOR shall retain all accounts for a minimum of twelve (12) months
(unless otherwise specified by mutual agreement).
F. CONTRACTOR shall ensure that all required documentation and agreements
with payors (e.g. Medicare, Medicaid, Champus, etc.) are filed and maintained
and that the COUNTY is kept apprised of important changes to industry
regulations.
G. CONTRACTOR shall be knowledged of different industry insurance plans and
shall ensure the COUNTY that every billable claim is pursued accordingly by
CONTRACTOR.
H. CONTRACTOR shall advise the COUNTY on statutes and industry regulations
which would affect emergency transportation service rates.
5. Customer Service:
A. CONTRACTOR shall provide a toll free telephone number for patients with
CONTRACTOR'S own facilities and workforce. CONTRACTOR'S toll free
14
telephone number must be a dedicated phone number only for accounts from the
COUNTY. CONTRACTOR shall provide a designated liaison for patient/payor
concerns.
B. CONTRACTOR shall conduct all written and verbal communication in the most
professional manner. The CONTRACTOR shall never in any way represent them
in a way that might be interpreted as intimidating or threatening.
C. CONTRACTOR shall respond within three (3) business days of any verbal or
written requests made by Patients and/or the COUNTY for information or
records. CONTRACTOR shall assist patients that are not able to speak the
English language. Difficult calls such as, but not limited to: special insurance
issues, taxpayer questions, irate calls shall be handled in a professional manner by
a supervisor employed with CONTRACTOR'S firm.
D. CONTRACTOR shall provide all customer inquiry services and prepare
additional third-party claims or patient payment arrangements based on this
information exchange.
E. At the COUNTY'S request, CONTRACTOR shall provide survey questionnaires
or mail inserts to patients. CONTRACTOR shall mail requested citizen
satisfaction surveys.
F. CONTRACTOR shall provide for facilities to permit dial-up access to retrieve
patient data and billing information.
6. Audits
A. CONTRACTOR shaJI provide access to the COUNTY for all requested
information in order for the COUNTY to perform appropriate and periodic
audits. The COUNTY will provide CONTRACTOR with reasonable notice for
any planned audit and CONTRACTOR shall conduct audit during normal
business-hours.
7. Monthly Reports
Unless otherwise indicated, CONTRACTOR shall provide the following reports
on a monthly basis as identified and prescribed by the COUNTY. Monthly reports
shall be produced after the month's closing and provided to the COUNTY no later
than the tenth of each month. Ground and Air Rescue accounts will be reported
separately.
A. Ambulance Unit Report: On a monthly basis, CONTRACTOR shall provide a
report of number of calls and gross billed by ambulance unit for the current
period.
B. Ambulance New Billing Report: CONTRACTOR shall produce a report
showing all billing (new charges) processed alpha sorted by Last Name and
summarized total billing for period. CONTRACTOR shall add column for date
received from the COUNTY.
C. Ambulance Payment Report: CONTRACTOR shall provide a batch oriented
listing of all payments processed including check number and type of payment
(self pay, Medicare, Medicaid, private insurance).
15
D. Gross Collection Statistics Summary: CONTRACTOR shall provide a running
summary of Interfacility transactions including monthly amount billed, collected,
Percentage collected, number of Accounts and Gross Billed.
E. Schedule of Transport Charges & Collections: CONTRACTOR shall provide a
running month summary of charge, payment and adjustments for the closing
month period showing gross and net collection percentages for each period.
Information provided shall be for last five fiscal years only.
F. Report of Accounts Receivable: CONTRACTOR shall provide a summary for
period ending of Accounts Receivable showing gross billing, payments
received/processed, reflected write-offs and adjustments, reversals and ending
balance.
G. Monthly Billing and Collection Summary: CONTRACTOR shall produce a
report showing receivables as applied to month running or original billed month.
Information provided shall be for last five fiscal years only.
H. Insurance Receivable Report: CONTRACTOR shall provide a summary of billed
month the number of patient bills having an outstanding insurance balance. This
will show the balance and number of bills outstanding by class.
1. Collection by Financial Class: CONTRACTOR shall provide a running month
summary for the closing month period of collections by Payor Class (Self-Pay,
Medicare, Medicaid and Private Insurance). CONTRACTOR shall denote billing
numbers for each category and total. Information provided shall be for last five
fiscal years only.
J. Collection Schedule: CONTRACTOR shall provide a running summary of
collected amounts to include monthly, fiscal and cumulative amounts.
K. Ambulance Billing Adjustments-Write Offs-Reversals: CONTRACTOR shall
- provide a-running summary showing all adjustments, write-off's and reversals
from Medicare, Medicaid and Insurance.
L. Report of Accounts Receivable Removed: CONTRACTOR shall provide a report
showing Accounts sent to Collections with Original Amount Billed, Payments
made, Adjusted Amounts and Balance owed. These accounts will have had no
activity for 12 months or more. This report will only be provided on the months
that the CONTRACTOR sent accounts to collections.
M. Report by Incident Date: CONTRACTOR shall provide a report by account detail
of all accounts outstanding to include Original Amount billed, Adjusted Amount,
and Balance due.
N. Monthly Refund Schedule: CONTRACTOR shall provide a report by account
detail of associated payments reflecting an overpayment and necessary refund to
be processed.
O. Aging Report: On a monthly basis, CONTRACTOR shall provide a report which
lists patients' accounts receivable amounts by age to alert the COUNTY of any
slow paying patients.
P. Timeliness of Billing Report: On a monthly basis, CONTRACTOR shall provide
a report which lists the number of times invoices were sent to each patient. This
16
report will be used by the COUNTY to verify compliance with Attachment A
Section B2 of the Agreement.
Q. Air Ambulance Resident Waiver Report: On a monthly basis the CONTRACTOR
shall provide a report which lists the air transport accounts that have been
approved for the Trauma Star Resident Fee Waiver Program. These accounts will
be placed on hold until the COUNTY directs the CONTRACTOR to adjust the
balances. .
8. Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The CONTRACTOR shall comply with the privacy regulations pursuant to Public Law
104-191 of August 21, 1996, known as the Health Insurance Portability and
Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et
seq., as amended ("HIP AA"), to protect the privacy of any personally identifiable
protected health information ("PHI") that is collected, processed or learned as a result of
the Billing Services provided hereunder.
A. CONTRACTOR shall not use or further disclose PHI except as permitted herein
or required by law.
B. CONTRACTOR shall use appropriate safeguards to prevent use or disclosure of
PHI except as permitted herein.
C. CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that
is known to CONTRACTOR, its agents or subcontractors of a use or disclosure of
PHI by the CONTRACTOR, its agents or subcontractors.
D. CONTRACTOR shall report to the COUNTY any use or disclosure of PHI not
provided for by this Agreement of which the CONTRACTOR, its agents or
subcontractors become aware.
E. CONTRACTOR shall ensure that any agents or subcontractors to whom the
CONTRACTOR provide PHI or who have access to PHI, agree to the same
restrictions and conditions that apply to the CONTRACTOR with respect to such
PHI.
F. CONTRACTOR shall make PHI available to the COUNTY and to the individual
who has a right of access as required under HIP AA within 30 days of the request
by the COUNTY regarding the individual.
G. CONTRACTOR shall incorporate ally amendments to PHI when notified to do so
by the COUNTY.
H. CONTRACTOR shall provide an accounting of all uses or disclosures of PHI
made by the CONTRACTOR its agents or subcontractors as required under the
HIP AA privacy rule within sixty (60) days.
I. CONTRACTOR shall make their internal practices, books and records relating to
the use and disclosure of PHI available to the Secretary of the Department of
Health and Human Services for purposes of determining the CONTRACTOR'S,
its agents' and subcontractors' and the COUNTY'S compliance with HIPAA.
J. CONTRACTOR shall at the termination of the agreement, return or destroy all
PHI received from, or created or received by the CONTRACTOR, its agents or
17
subcontractors on behalf of the COUNTY and if return is infeasible, ensure that
the protections of this Agreement will extend to such PHI.
K. The specific uses and disclosures of PHI that may be made by the
CONTRACTOR, its agents or contractors on behalf of the COUNTY include:
1) Preparation of invoices to patients, carriers, insurers and others
responsible for payment or reimbursement of the services provided by the
COUNTY to its patients.
2) Preparation of reminder notices and documents pertaining to collections of
overdue accounts.
3) The submission of supporting documentation to carriers, insurers and
other payers to substantiate the health care services provided by the
COUNTY to its patients or to appeal denials of payment for same.
4) Other uses or disclosures of PHI as permitted by the HIP AA privacy rule.
5) Mail HIPAA Notice of Privacy Practices to all emergency transport
patients within the timeframe allowed under the HIP AA and FlIP AA
rules.
6) Mail subpoenas, attorney's requests to Fire Rescue immediately upon
receipt
9. Lockbox
A. The County will provide a Lock Box address to the CONTRACTOR and will
instruct Lock Box to .forward all Lock Box documents to CONTRACTOR for
payment processing.
B. Price for services does not include the cost of "Locked-box" service. The
COUNTY shall bear the cost of the Locked-box.
C. The County will provide the CONTRACTOR access to have daily bank balance
reporting capabilities via internet access with Lockbox banle
D. The "Locked-box" service selected shall be at the sole discretion of the
COUNTY and shall provide a secure postal address and box for receipt of all
correspondence (especially including all insurance and patient payments,
correspondence and benefits determination and denials). The "Locked-box"
service will on a daily basis perform the following:
1) Open all mail (except clearly marked returned-mail).
2) Make a copy of every check and attach copy with original document
accompanying each check.
3) Deposit all receivables into designated the COUNTY account.
4) Prepare and provide a daily deposit slip totaling and accounting for all
receivables deposited for the identified day.
5) Mail (daily) to the CONTRACTOR separated bundles of; copies of checks
attached to supporting documents, other correspondence and, returned-
mail along with deposit slip.
6) Mail (daily) to the COUNTY copies of checks and daily dOeposit slip.
7) Mail (monthly) to the COUNTY reconciliation of account.
18
E. CONTRACTOR shall maintain daily deposit control sheets and original
documentation.
19
Attachment B
NON- COLLUSION AFFIDAVIT
I, D () Uj Sht7J I'll M
city of Pi, M" JdJ'-f-d", /~
and under penalty of perjury, depose and say that;
, ofthe
according to law on my oath,
1) I am 'P f-Ll'l.j./^d- ~ J 1/ <0<. cd f).,j~ fJrd afJJ:;f, ..2l/..c. ,the respondent
making the Proposal for the project described as follows:
-rr...c rt '1 tf / f
51 / Ilk)
c...
2) The prices in this proposal 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 respondent or with
any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the respondent and will not knowingly be
disclosed by the respondent prior to proposal opening, directly or indirectly, to any other
respondent or to any competitor; and
4) No attempt has been made or will be made by the respondent to induce any
other person, partnership or corporation to submit, or not to submit, a proposal for the
purpose of restricting competition; and
5) The statements contained in this affidavit are true and correct, and made with
fulllaiowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
COUNTY OF !3rou.J(1..rd
qign~Respondent)
if /;.JI/O
Date
STATE OF f/OfU!a.....
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
/) OU~ .:; A tI..Yn on who, after first being sworn by me, (name of
individu signing) affixed hIslher SIgnature m the space provIded above on thIS
J-r hl'l L
~hJ p./LiNA
My commi sion expires: 5 /Il..-/ 2- t} 1 J
NOTARY PUBLIC
,20 10
OMB - Mep FORM #1
,p~~V PI/_,; cNotdaryRPGUbliCd Slate of Florida
~ 7' in y ar ner
~ c;: ... My Commi$sion DD679720
.~ OH~oi Expires 05/12/2013
20
Attachment C
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 proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals on leases of real property to public entity, may not be awarded or perform work
as a bidder, supplier, sub bidder, or RESPONDENT under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list."
By executing this form, I acknowledge that IImy company is in compliance with the
above.
COUNTY OF 8rowa,c!
~
(Signature of Respondent)
4/:Lq /).0 IlJ
Date
STATE OF (lOr! J-tL.
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Douq 5h.a.tn tJl") who, after first being sworn by me, (name of
individu'il signing) affixed histher signature in the space provided above on this
)1
dayof~rl L
,2010
~~/l )L~
My commfssion expires: 5/12/",;20 13
NOTARY PUBLIC
""'"~ Pl/. Notary Public Slate of Florida
. . Cindy R Gardner
~ ~~~ My Commission 00879720
~ Of f~~ Expires 05112120'13
21
Attachment D
DRUG-FREE WORKPLACE FORM
The undersigned Respondent in accordance with Florida Statute 287.087 hereby certifies
that:
Advanced Data Processing Inc. (DBA ADPI futermedix)
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services
that are under proposal 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 proposal, 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 contendre 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 tlrrough
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Re~ts ~ablre
i /2-q Iv
Date
OMB - MCP FORM #5
22
Attachment E
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
D G V-j 54.., n-.Jl--..
A jv",",,,, &..,1 Oaf,c ?/t'J c....,...c.rJ~~) L'''-& 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.
1Ah
(Signature)
tf/J-r/1o
Date:
STATE OF
PlorltLrL
COUNTY OF
!3r(4)tJI c/
PERSONALLY.APPEARED BEFORE ME, the undersigned authority,
DoG/1 ;$;, tUYJ .011 who, after first being sworn by me, affixed
hislher"
signature (name of individual signing) in the space provided above on this d- 9 day
of
~oL . 20~.
e;,~ e ~~
OTARY PUBLIC
My commission expires: 5 ) 2. ) J- 0/3
OMB - MCP FORM #4
~~ P!t~ Notary Public Stale of Florida
;~ ~ Cindy R Gardner
. ~ My Commi$siOrl 00879720
~A. . I Expires 05/1212013
'''Off\'o
23
Attachment F
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Bidders and Subbidders
The Bidder covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners AND Board of Governors for District I, its servants, agents
and employees 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 Bidder or any of its
Subbidder(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of The Bidder or its Subbidders 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 Bidder's failure to purchase or maintain the required
insurance, the Respondent shall indemnify the County from any and all increased
expenses resulting from such, delay.
The first ten dollars ($10.00) of remuneration paid to the Respondent 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.
~gnamre
tj /J- q //0
Date
TCS
24
Attachment G (1 of 4)
INSURANCE REQUIREMENTS
FOR CONTRACT
GROUND AND AIR RESCUE TRANSPORT BILLNG
AND RELATED SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
ADVANCED DATA PROCESSING INe. (DBA ADPI-INTERMEDIX)
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
· Premises Operations
· Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
- $250,000. per Person
$500,000 per Occurrence
$ 50,000 Property Damage
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.
GL2
25
Attachment G (2 of 4)
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT
GROUND AND AIR RESCUE TRANSPORT BILLNG
AND RELATED SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
ADVANCED DATA PROCESSING INe. (DBA ADPI-INTERMEDIX)
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain, throughout
the life of the contract, Professional Liability Insurance which will respond to damages
resulting from any claim arising out of the performance of professional services or any
error or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence/$l ,000,000 Aggregate
PR02
26
Attachment G (3 of 4)
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT
GROUND AND AIR RESCUE TRANSPORT BILLNG
AND RELATED SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
ADVANCED DATA PROCESSING INC. (DBA ADPI~INTERMEDIX)
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:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
- $1 OO,OOn.per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
VL2
27
Attachment G (4 of 4)
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT
GROUND AND AIR RESCUE TRANSPORT BILLNG
AND RELATED SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
ADVANCED DATA PROCESSING INC. (DBA ADPI-INTERMEDIX)
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 Employersr Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the Contractorrs 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.
WC2
28
Attachment G (4 of 4)
MONROE COUNTY, FLORIDA
Request for Waiver
of
Insurance Requirements
N
It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance
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:
29
.
,ACOfRtA, CER.T~fFHCA utE Of [bHABUL~TY DNSIlJRANCE I [lATE (Mf\'UOOIV'lV\')
07/02100
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wells Fargo Insurance Services USA, Inc. aNt. Y AND CONFERS NO RIGHTS UPO~J THE CERTIFICA TI:
HOLDER.. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4401 Norl:hslda Pkwy, 5uiie 400 ALTER THE COVERAGe AFFORDeD BY me POLICIES BELOW.
Atlanta, GA. 30321-30i'8
770 850..o0S:0 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: Sf Paul Fire & Marine Insurance Co 24767
Mel Holdings, LlC INSURER B.: The Standard Fire Insurance Company 19070
Advanced Data Processing, Inc. INSURER c:
6451 North Federal Highway, Suite 1002 INSURER D:
Fort Lauderdale, Fl 3~308 INSURERE:
Cllelii~~' iI~i6
!'IlC!MOllJ
COVERAGES
THE POliCIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO mE INSURED NAMED ABOVE fOR Tl-IE POUCY PERIOD INDICATED. NOTWITl-ISTANDJNG
MY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTl-lER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, Tl-IE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREJN IS SUBJECT TO AlL TtlE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE lIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSIJRANCE
GeNERALLIABIUTV
COMMERCIAl.. GENERAlllAElll../TY
ct.AlMSMADE[iJOCClJR
POUCY NUMIlER
TE06804556
UMITS
06130/09
06130110
EACH OCCURRENCE
DAMAGE TO RENTED
$1000000
5250 000
$10000
$1 000 000
$2000000
52000 000
Meo EXP (Any otII!I )
PERSONAl.. & ADV INJURY
GENERAl.. AGGREGAlE
PRODlJCTS. COMPloP AGG
,
~....r""
~fINGLEUMIT 51,000,000
A
TE06804556
x
llCHEDUI.ED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
SOOLY INJURY
(Per pomanJ
$
BOOll..Y INJURY
(P<Ir ac:cldonl)
$
PRoPERTY DAMAGE
(Per lICCilIonI)
5
GARAGE UASlUTY
AWl AUTO
5
$
AOO $
$5000000
55000 000
A
EXCaJS/UMBRELLAlIABlUTV TE06804556
X OCCUR [J g..AlMS MADE..
DeDUC1lIlLE
X RETENTION $10 000
B WORK!R8 COMPeNBATION AHD
EMPi.OYER8' lIABlUTY
AWl PROPRIEroRIPARTNERIEXECUllVE
OFFICERIJ.lEMBER EXCUJDED?
1f)W. desaIlIe 1.II"ldor
SPECW. PROVISIONS below
OTHeR
HCUB324OM13809
5500 000
5500,000
5500,000
DESCRIPTION OFOPERATIOH8/lOCATIOH8/VEHlCl.EBI EJU:t.U8IOHSADDeo BYENDOR8EMENT I SPECIAL PROVlSlOHS
If required by written agreement, the Monroe County Board of County Commissioners is
included as an additional insured under the general. automobile, and umbrella liability
Insurance.
CERnRCATE HOlDER
Monroe County Board of
Commissioners
490 63rd Street. Suite 110
Marathon, FL 33050-1026
CANCELLATKlN
SHDUU:J AXYOF THE ABOlIE Dl!SCRlSED POUCIESBECAJH:Sl.LED BEFORE THE EllPlRAno~.
OATETHEREOF.lHEl8SUfHGlHSUReRWlU.ENI1EAVORTOMAlL ~ DAY8WR/TTEN'
NOTlCETOTHECERTlFlCATE HOlDER HAEDTOTHE LEFT, BUT FAlWRE TO DO so SHALL
llllP08E NOO8I..IGATION OR L/ABIIJTY OF AH'f KIND UPON THE lH8URER, ITS AGeNTS OR
REPREseNTATIVES.
~REl'RESEHT~~
~V"IfP~,..
ACORD 25 (2001/08) 1 of 2
#S1496358JM1492141
ESE01
@ ACORD CORPORATION 1988
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 19,2010
Division: Airports
Bulk Item: Yes X
No
Department: Florida Keys Marathon Airport
Staff Contact Person: Reggie Paros/289-6002
AGENDA ITEM WORDING: Approval of Consent to Assignment and Assignment and Assumption
Agreement between Synagro South, LLC and US Water Services Corporation and execution of
Consent of Monroe County Board of County Commissioners to Assignment and Assumption
ITEM BACKGROUND: Synagro South, LLC has a contract with Monroe County for the operation
and maintenance of the Marathon Airport Terminal Sewage Plant. However, US. Water Services
Corporation has announced that current utility operating contract services provided by Synagro in the
Florida Keys will be assumed by the US. Water Services Corporation, effective March 1, 2010. The
attached document assigns the contract for the Marathon Airport to US. Water Services Corporation.
The Board must consent to the assignment and assumption of the contract between Synagro South,
LLC and US. Water Services Corporation.
PREVIOUS RELEVANT BOCC ACTION: On August 16, 2006, Board approved Agreement
between Monroe county and Synagro Southeast, Inc. for the operation and maintenance of the
Marathon Airport Terminal Sewage Plant, effective July 1, 2006. On June 19, 2009, The Board
granted approval for Synagro to continue to operate and maintain the sewage treatment plant on a
month to month basis until the City sewer system is completed and the airport is connected.
CONTRACT/AGREEMENT CHANGES: The agreement for operation and maintenance of the
Marathon Airport Terminal Sewage Plant is assigned to US. Water Services Corporation.
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
No --.X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty YES OMB/Purchasing N/ A
Risk Management N/A
DOCUMENTATION:
Included X NotRequired_
DISPOSITION:
AGENDA ITEM #
, SYNAGRQ
lUi~~qLU
Sendces CGIi"DGftnli!daR
A RI..JidllalJ A1anagement COil/POll)
ANNOt"I\CE:VIENT
March 1,2010
U.S. Water Services COI"poration Assumes Synagro Utility Operations
SynagJ"O and U.S. Water Services is pleased to announce that current utility operating
contract services provided by Synagro in the Florida Keys, will be assumed by the U.S.
Water Services Corporation. \Vhile Synagro and U.S. Water Services will continue to have
ongoing business relationships in other areas of the State, Synagro feels that the assignment
of the Florida Keys utility service customers to U.S. Water will be advantageous for all
concerned.
Both organizations are excited to share this development as the core business of U.S. Water
Services is Utility Operations and Maintenance. In addition, the firm is a registered
engineering company, licensed utility contractor and general contractor specializing in
water and wastewater utilities. U.S. Water Services has maintained a presence in the
Florida Keys since 1998 and currently provides contract utility operations, maintenance,
residuals/sludge hauling, construction and engineering services to all areas of the Keys and
across the State of Florida.
The assignment of current contract services will be effective as of March 1,2010 and
invoices for service performed from that day forward will be provided by U.S. Water
Services. Synagro and U.S. Water will work together to ensure a seamless transition for the
customer and also the current Synagro staff. You may see some new faces in addition to the
familiar ones, but rest assured that services will not be interrupted. As in the past, please
feel free to utilize current contact phone numbers as they will remain the same for both the
operators as well as the office without change.
Synagro would like to thank you for you for allowing our company to be of service over the
past years. It is our impression that the unique challenges presented by the stringent
environmental regulations facing all Utility o-wners located in the Florida Keys, will be
minimized by utilizing the services of U.S. Water Services Corporation.
With best regards to all for a productive future;
Stephen Toft
Division Vice President
Synagro South, LLC
Gary Deremer
President
L.S. Water Services Corporation
ST!GD/\p
9SJIO (her".:a, Hj~h\\a.\ " Ke) Largo" Florida 33(13"'
lL'kpholll': 30:,-H:,3-51:22' Tull Frl't.; Ilnfi.i5J-S292 ,,' F;l\: J05-S53-512-1
519H (hlOrwa' Hi~h\\:n ' \Lli':lthllll ;, Florida 331)50
-Iekphone: 305-289-:220-l - Tnl! Flce; 8(-'6--53-~:2')1 '" hl\: JI).'i-2S<i-21lJ7
CONSENT TO ASSIGNMENT
AND
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS CONSENT TO ASSIC;NMJ-.:;\l ,\1\0 ASSIGNMENT AND ABSliMPTION
AGREEMENT (hereafter ''Consent Agreeml-:nt") is \:ntered into this _ day of
2010. by and between Synagro South, LLC ("'Assignor"). dnd, U.S. Water Services Corporation,
a Florida Corporation ("AssigneC'"").
WHEREAS, Assignor has entered into an Agreement, dated August 16, 2006, and all
amendments and renewals and/or extensions thereafter, with the Monroe County Board of
County Commissioners, for the Operation and Maintenance of the Sewage Treatment Plant at
Florida Keys Marathon Airport, Monroe County, Marathon, Florida, which agreement is
incorporated herein by reference (hereafter the "Original Contract"); and
WHEREAS, on June 17, 2009. the Monrot: County Board of County Commissioners
approved for Synagro Southeast, Inc. to continue to operate and maintain the sewage treatment
plant at the Florida Keys Marathon Airport on a month to month basis until the City of Marathon
completes installation of the new sewn system; and
WHEREAS, the City of Marathon estimates that completion of the sewer system to
which the Airport is to be connected will extend beyond the projected completion date of July
2010 and therefore the agreement should continue on a month to month basis with the Assignor;
and
WHEREAS. Assignor desires to assign and transfer to Assignee all of its right, title and
interest in and to the Original Contract, subject to the terms, conditions, representations,
covenants and agreements set forth in this Consent Agreement; and
WHEREAS, Assignee desires to assume the responsibility and obligation for the
performance of all the services and other matters to be performed under the Original Contract
after the date hereof in accordance with the terms set forth herein; and
WHEREAS, the Monroe County Board of ('ounty Commissioners has no objection to the
assignment and assumption of the Uriginal Contract;
NOW, THEREFORE. in consiJeration ()f the mutual covenants and conditions set forth
below, Assignor and Assignee agrcc as foIlO\\s:
I. Assignment. Assignnr herehy ;1ssngns transfers and sets over to Assigne<:. its
successors and assigns, all nf its right.. litk anJ interest in, to and under the Original Contract,
subject to the terms, covenants, agrl"Cmcnts, representations and conditions thereof.
2. Acceptance. Assignee accepts the assignment of the Original Contract and agrees
to be bound by all commitments and obligations required to be performed or complied with and
assumes any liability directly caused by Assignor as a result of Assignor's defective performance
or non-compliance with such commitments and obligations, regardless of whether the work had
been required to be performed by Assignor prior to the assignment.
3. Term. This Assignment of agreement is for services for a period commencing on
March 1,20 I 0, on a month to month basis; however, the term shall not exceed twelve (12)
calendar months from the date of commencement.
4. Cancellation. Section 39 of the original agreement shall be amended to read:
Either of the parties hereto may cancel this agreement without cause by giving the other party
thirty (30) days written notice of its intention to do so.
5. Counterparts. This Agreement may be executed in two counterparts, each of
which shall be deemed an original and which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed
and effecti ve as of the date above written.
Synagro South, LLC
("ASSIGNOR")
Tax ID: 76-0612567
By:
\,
Authorized Officer of Synagro South, LLC
Karl J. Scott, Vice President
U.S. WATER SERVICES CORPORATION
("ASSIGNEE")
I
Tax ID: 20-0008821
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By: /f<.'{ ~L c'[
Victoria Penick, Vice-President
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CONSENT OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
TO ASSIGNMENT AND ASSUMPTION
The undersigned hereby consents to the foregoing Assignment and Assumption of the Contract,
by and between Assignor and Assignee.
Effective as of the _ day of
.2010.
[SEAL]
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: DANNYL. KOHLAGE, CLERK
By:
BY:
Deputy Clerk
Sylvia Murphy, Mayor
3
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123
~( Hnald glal1ted ,lf1f1Itl\ al ,'ur S: :lagr,) "n\i(!l~'.I';1. 111\': tu ,-',)ntinll~ tUI)p,-'r~ltl' ,1I~d ill,linlail1
: Ill' ~~\\~Ige trl',ltl11\.'111 !1\anl at tile ],'!urida !\.c>" \L!r~llhul1 .\ilpnrt l)ll:l I1Wllth llllllllntl1 b,l~i~
Hl),II.d gral1kd ~Ippnl\ ,II and ~\lI1hllriil,'c! ,-'\c."':U!i,lll ,11' a I <."-1\"-' . \SI,-'l'l11~l1t hl':\\l',-'11 \ 11)1':),'11,'
('(l1ll1t) and ,\rHiquc ,\irl'r,llt Rl'o.;wratil)n. lnl', tll ['l'!1l uld \lllSqllitu CI'lltllll h~1I1~~"r ~1I1d f,l\.:ilitlc'\,
-f, rl'll! is ~'.5()() per 1111)llth.
Huard grantl.'d apf1ru\,lItn ,\d\,-.rt:.;" ,\ R"'l]Ul'St I'nr ()ll,llitie,ltil)!lS iRI<.)\ t'llr 11n e,lll
,':llginl'l.ting s~r\i((:\ 1'1'1' \ar\ous proj....Ch l1n an ,1ngt)\llg bUSIS,
Board granted ,lprrt1\al for the ins!all:lli'1n (1f,} ',trl'dl!ght at th~ il1lL'ls~eti(1n nrl SI dnd
[)ubie Street. SUIl1I11~rlal1d K<.:).
Huard granted approval of th,,: r~cl'ipt \11' \I\>llthl) R~port 111 Changl.' ()ru~rs rc\ ie\\eu 0)
thL' County ,\uministrator's Oftin~ for the peril1d of 05 () 1 09 - OS 3] 09,
Board grantcu appn1\ ,II and authori.ll'd l.'x,-'clItion uf a Contral.'t ol.'t\\\.:en :\lonroe ('uunt)
and '\J'ati\l.' Cunstru...rion CUlltracting. Inc. I~)r n:plal.'cment ofth~ ollat ramp and docks at Sunsl'!
Puint Park,
Boaru granted approval and authori.tl.:J c:,;~'clltion of a one :- ,-'ar Lxtension of Term for
BB\fi\ ;\greem~nt #fLOJ-FH71-00 bctween Monroe Cl.lunt) and ,\ T&T for regulated scn ices
relating 10 the County's phone and data nd\vorks.
Board granted approval and allthori/~J cxecution l~r ,\n Amendment to Agreement 1()
c'xtl.'nd the current contract hetwecn Monroe Counly and (roodman-Ciable-Gollld ,\djusters
International to provide Insurance ,\dJusting Claim Serviccs, until August I, 2()()9.
Board granted approval ot' thc wording on the dedication plaquc for the Rig Pinc Kc)
Fire Station l\Jo. 13.
TOCRIST D~=VELOP;VIE;\fT COl '~CI L
(30ard granted approval and dllthoril.ed c.\l.'ClItioll ot' an ,\ll1l.'ndll1cnt to :\grl'cl1ll'nt
hetwcen \fonr,)L' Count! and Key West Chamoer 01' ( 'oml1lerce t() e.\~rcise option to extend
Agreemcnt for \,i,sitor Inl'urmation Su'\'icl's tu Scptembl.'r 30.2011,
B()~lrJ grantcd appro\:ll and allthuri/n! ~'\CCllli()f1 or ,tll\lllL'lldmcnt to ,\grccmcnt
hct'.\i...'cn \I"l1n',-, ('(lunt: al1d 10\\I..'r Kl'\.., ('II:1111hcl' 01' ('oI1111lL:rc...' to ,-',<crei..,e (lPtio!1 t(l c',\ll'lld
,\~'reclllcnt I'or \'l,itor 111I'''rl~1,.lti''ll Sl'l"\ ic"-,,, III ScplL'Illhl'r\(), 21111
I~, LlI"d granled :q1pn1\ al alld ,11ltlwri/nll'\Celltillll or <Ill \111,-'nllllll'llt I,l \~r""l'll1<.:nt
hCl\\'ccn \11)Il/"()c ('oulll'. <l11J \br,lth,'\! ('haI111X'r oft ";J\1111lTCc' tl1 I..'\crei"c llpti,lll to 1..,\tcl1d
,\'-'I'l'~':II\.'llt ~-,)r \'isitol' Inllll"!lLlllil!l Scr\ iees Il' \~'i'lClllhl':' \1), .:'f) I I,
, (
BO.\I{'D OF COl":\1'Y CO\I\1ISSIO:\ERS
,\'(;I-::\D:\ 11'f.\1 Sl'\J:\L\RY
\ kt..:ling [)~\lL'. ;!~IIJ~L-~_~~)()q
Di \ i'l()n: . \ irp'1l1"
13ulk ItCill' Yc~ _~
~l\
[kp,lrtin~'nt: Ul1rida K;.:'\" \ Llr,ub()!L\i~
"t.IIH\)llta;:1 1":r~()Il: L{l'ggi_~- P;!l!'''_ ~i{lL!'!)!ill
:\(;E:'iDA 1Tf.\1 WOIH)I~(;:'\ppn1\ al fur S: n.l!;rn Snuth~asl. Inc. lu cUlltinu~ In nper:1te and
maintain Ih~ s~\\ag~ Ir~all11~llt plallt at th\.' [:Iurida K~:~ \larathun ,\irp()rt un a munth-t'l-mnnlh ba"js
ITEM BACKGROl'''ID: rile C;I)-' ()f\jarMhon is installing the 11l:\\ sc\\er system and anti;:ipates
completion pri,l[ to July 20 I O. at \\-hich time the AirpI)rt is to be connected. The current agreelm:nt
\~ith Synagro Suutheast. Inc.. for the \lper<tlllln and maintenance or till.' se\\age treatment rlant at the
Flprida Keys \larathon Airport. \\illl''\pin: June 30.2009. SYllagro has ,lgreed to continue service \lll
a month-to-month basis in the interim. at 110 inl:rc~I"'C in prke,
PREVIOUS RELEVANT BaCC ACTION: ()n August 16,2006. Board approved an agreement
with Synagro Southeast, Inc. for the operation and maintenance of the Marathon Airport Terminal
Se\\age Plant. On June 20. 2007. the Hoard appTI!\co a Rent:\\al Agreement for the operation and
maintenance of the ~cwage plant for an additional one year period, ()11 June 18,2008. the Board
approved a Renewal Agreement for the uperat il1ll and maintenance (,I' thc 'iewage plant for an
additional one year periud.
CONTRACT/AGREEMENT CHA~GES: !\ A
STAFF RECOMMENDATIONS: Approval
TOT AL COST: $7,365.36 plus custs nut t(, exceed INDIRECT: \. ciBl:I>GF:TED: Ye:-. X No
'~~.OOO annuiJlly fur repairs and special tasks
matcrials and chemicals or a ll\2!l-r_q~urring naturc
COST TO COCNTY: S:!'l!~a.." aho~~
Airr<1.ILLscr ['ccs <!nJ
SOLRCE OF FL'NDS:_[l'nant Rents
RF:VE'Nl1 F: PIHHHIClI\(;: Y,.:s
.\u
\ ,\ A;\10l ~T PER ;\10NTH
Year
APPROVED BY:
("(lunt: .\tlUrrl<:} '\, \ (}\1[J PUI"i.:hasing '\, c'\
f{i"k \1anaL;cl11cnt
DOCl' .\JF::\TA TION:
Included
\i1II\L'quin:J '\
DlSPOSITIO:"l:
1
,\CE.'\J):\ IrE\! ff ( )L
RENE\VAL AGREEMENT
SY:'IIAGRO SOl'THEAST, INC.
Operation and \faintenance Sewage Treatment Plant
Florida Keys \larathon Airport
THIS Renewal is made and L'ntered inw this~~ day of June , 2008,
between MO\JROE COL';\iT)', FLORIDA Jnd SY\;/\GRO SOUTHEAST, INC., in order
to renew the agreement between the parties dated August 16, 2006 (a copy of which is
incorporated hereto by refcrence) as fojJ(lws:
I. Exercise the second of two one-lear renewal options in accordance to Section 2 of
the original contract dated August ] 6, 2006, and adjust the contract amount in
accordance with the pcrcentage change in the Consumer Price Index for all urban
consumers (CPI-U) for the most recent twelve months available.
2. The Operation and Maintenance charges shall increase 4, I % from $613.78 per
month to $638.94 per month,
3, The term of the renewed agreement will commence on July I, 2008 and terminate
June 30, 2009.
4. In all other respects, the original agreement between the parties dated August 16,
2006, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
day and year first written above.
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COl'?\lTY. FLORIDA
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Deputy Clerk
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Witno.:'\$
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SYNAGRO Sul 'lHEAST. INC.
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ASSIC:\'WYJ' :\'10 ASSl"IPTIO:\ .-\CREE'JF:\T OF CO:\TR.\CT
\:\D CO:'iSE:\T OF ,\10:\ ROE COl:\TY BOARD or C()l':\'TY C(nl'I1SS[O:\EI~S
"lIIIS,\\')[(,'\\11'\1 \'\1) \\')i \lPiI(),\\{iJ-\I[,\II,\:[ OJ, CU\.,I i(\CTS (ll1\'.,
"\,-,rcl'llll'ill'" I~ malk to hc l<l(lll\C thc ] ()lh d~l" td' '-;qHclllhcr ~J)(),", 0.' dl1d !ll'I\\','L'1l SYIl~I!::I\1
\,II,i'c:ll'<h1 lile. a l)cLi\\<tI'c corpOr;ltioll C' \,~"'I~~11L)I"). and S~llagn) South, LLC, Conncr)\ kii,l\'.!1
a:, ,"\11'\::"/(1 \(lutl1. I,I1e., a rkLl'.\arC lil1lill:d 11~lh]lit\ l(lrnpall\ ("',\.s:;rgllcc")
\\'1 II-RF:\S. ,')Yllagro Tcchl1t)ltl,~ll'S, !Ill' h lhc ultlll1C1lc parcllt C01l111;lllY of' both '\S\I!:,-I1Or
Clnd \:-,i~;ill'L: allll ,\s,i,~llel' is the dirl'ct p;lrellt ('tWlfl:\Il) t)r A-;-;li',lIor~
\\'111'1{ I'.\S. .\"sigllllr has Cllll:"l'd illto all :\~rl'l'!l1l'llt, datcd August 1(1, .2\JII(I" <tlld all
al1;l.Tldlll~nlc; alld c,Xtensions thcr,:aJtcr, \\'ltl1 the \10!HUC Coullty Board 01' C'OLIlll\
l'(1ll1ll1i<iilltlL'l:~. tor thc OpcrCltioll and i\lailllL'ndlll'l" uf the Sewage Treatmcnt Plan! at FlOrida
Kl'\S i\Llralh()n :\irpoI1, i\lnnroc COllnty, :\1aLHhon. Florid.l, which ;\~rccmcnl is \l1cl.lrpora\l'l\
Ilt:rl'in hy this rckrl.'lll.'c (the "Cuntract");
WHH{I:\S, Assignor dcsil'c~ to assigll and transfer to Assignee all of ilS right, Illk and
intel'Cst In and to thL: ('pntr.lcL subjcct to thc lL'rl1l~, conditions, rcpl'csclltatlons, co\cnants and
ag/u.:ml.'nt~ ,;cl forth ill this :\greclllcnt;
\Vl-IFRE..\S, A:--.signee desires tu ZlSSllmc thc responsibIlity and ohJig~ltioil ic\r the
pcrlcJrmance of all the sen'lces ;lIld \llhcr matters to be perlormcd 11l1lkr the Contract "ner lhe
dalc Ill'rcorin <lccordancc ",ilh thc tClllb set forth I1crl.'ln. and
\\,llj;,RL.\S. tlK Monroe County Board uf County (\\l1ll1lissioncrs dC::iircs to .l:;1\e lIs
i'l)n~cnt to such Agrccmcnt as required by the Contract.
Nnw, TlIEREI'ORE, in consideration of thc mutual covcnants and conditions sd forth
bcli,\\, ,\ssi.slwr and Assigncc agree .\\ folla\\s:
I, A.ssigr1ll1CQ! Assignar hereby assit!llS transfers and sds (n'cr ta ..\sslgnee. its
~lICCl's.~ms and assigns, all of its right, title ~llld inkrl'slln, to and under the Cuntract, suhJcct to
the (CI'I11S, covcnants, agrccmcnts, rcprcs.entations and C()llditions thercof.
2, ,~~9,1JiII1CC, Assiglll.'l' accepts the a"ilgnl1lL'llt of the l\llllract, agree~; t,o bc bOllnd
hy all coml1litmcnts and obligations required to he pcrfoll11cd or complied and anyllahililv
dlrl'l'\I) caused b\ AssigllCC as a result uf :'\ssigl1cc's dckLtive pcrl<,lrlllanCC or COl1lpll~lI1CC \\Ith
;;LIch Cl1l1ll1lllll1Cnt:i and ohli~~alion~, rl'~!anlkss 01' \\hdhcr thc \\(lr\.; had bcen rl'q'iIIl'd to hc
PCI!(lrJnl'd hv :\S~IL'IlL1r prior tu thl' ;ls~i~nl1lcl1l.
3. Counterparts. This Agreement may be executed in two counterparts, each of
which shall be deemed an original and which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed
and effective as of the date above written.
Tax ID: 74-2924511
Robert C. Boucher, Jr.
President
By ~~~~
Vice President & Secretary
By:
Synagro South, LLC
(" ASSIGNEm
A J !
BY~ ~.
Robert . BouClier, Jr.
President
Tax ID: 76-0612567
By:
~~~~
Ivin L. Thomas II
Vice President & Secretary
CONSENT OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
TO ASSIGNMENT AND ASSUMPTION
The undersigned hereby consents to the foregoing Assignment and Assumption of the Contract,
by and between Assignor and Assignee.
Effective as of the 20th day of June 2007.
[SEAL]
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOHLAGE, CLERK
By:
~l}~
BY:
Deputy Clerk
Mario Di Gennaro, Mayor
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:TT~nt~~C ~
OEPUTYCLEiW (p{lo/07
MONROE COUNTY ATTORNEY
ePROV~ Artftr
~THIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date r. 30 - 01-
2
AGREEMENT
This Agreement is made and entered into this 16th day of August , 2006, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "Board" or "County," and SYNAGRO SOUTHEAST, INC., hereinafter referred to as
"Provider" or "Contractor".
WHEREAS, the County desires to obtain the services of the Provider for operation and
maintenance of the sewage treatment plant at the Marathon Airport, now, therefore,
IN CONSIDERA nON of the mutual promises and covenants contained herein, it is agreed as
follows:
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider
substantially and satisfactorily performing the scope of services under paragraph 4, shall pay to the
Provider the sum of Seven Thousand One Hundred Thirty-seven Dollars ($7,137.00) annually, and
costs not to exceed $9,000 annually, for repairs and special tasks materials and chemicals of a non-
recurring nature.
2. TERM. This Agreement shall be for a period one (1) year, commencing July 1, 2006
and terminating June 30, 2007.
The Board shall have the option to renew this agreement after the first year and each
succeeding year, for two additional one year periods. The contract amount agreed to herein might be
adjusted annually in accordance with the percentage change in the Consumer Price Index for all
urban consumers (CPI-U) for the most recent twelve (12) months available.
3. PAYMENT. Payment of the sum provided in paragraph 1 will be paid periodically,
but no more frequently than monthly as hereinafter set forth. Reimbursement requests will be
submitted to the Board via the Marathon Airport Office. The County shall only reimburse, subject to
the funded amounts below, those reimbursable expenses which are reviewed and approved by both
the Airport Management and the Finance Office as being in compliance with state statutes. 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 certification statement as well as a
notary stamp and signature. Alternatively, reimbursable expenses may be handled by Provider's
suppliers direct-billing the County.
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 of$9,000.00 per year.
4. SCOPE OF SERVICES. The Provider, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform the operation and maintenance of the
Marathon Airport Terminal Sewage Treatment Plant.
5. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, the
Provider 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
Provider or any of its employees, contractors, servants or agents to be employees of the Board.
6. INSURANCE. Prior to execution oftms agreement, and maintained throughout the life of
the contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the
minimum coverage limitations as listed below:
A. General Liability - include as a minimum: Premises Operations, Products and Completed
Operations, Blanket Contractual Liability, Personal Injury Liability, Expanded Definition of
Property Damage.
The minimum limits acceptable shall be $300,000 Combined Single Limit.
If split limits are provided, the minimum limits acceptable shall be: $100,000 per person;
$300,000 per Occurrence; and $50,000 Property Damage.
An Occurrence Form policy is preferred. If coverage is 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 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.
B. Vehicle Liability - include as a minimum: Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit. If split limits
are provided, the minimum limits acceptable shall be: $50,000 per Person; $100,000 per
Occurrence; and $25,000 Property Damage.
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
B. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than: $100,000 Bodily Injury by Accident; $500,000 Bodily Injury by Disease, policy
limits; $100,000 Bodily Injury by Disease, each employee.
Coverage shall be provided by a company or companies authorized to transact business in
the State of Florida and the company or companies must maintain a minimum rating of A-
VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor
may be required to submit a Letter of Authorization issued by the Department of Labor and
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the contractor may be required to submit updated financial statements
from the fund upon request from the County.
C. Pollution Liability - The minimum limits of liability shall be: $500,000 per
Occurrence/$l ,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four
(4) years will be required.
7. GOVERNING LAWS. Governing Law, Venue, Interpretation, Costs, and Fees: This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
2
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation ofthis 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.
8. 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.
9. ATTORNEytS 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 shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
10. 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.
11. 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.
12. 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.
13. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Contractor
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at 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.
14. 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,
3
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.
15. 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 ofthe 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.
16. COVENANT OF NO INTEREST. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
17. 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.
18. NO SOLICITATIONIPAYMENT. 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 COlUlty 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.
4
19. 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.
20. NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 286.28, 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.
21. PRIVLEGES 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.
22. 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 thereofby 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.
23. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the
Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
24. 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.
25. 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.
26. 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
5
shall constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
27. 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.
28. INDEMNIFYIHOLD HARMLESS. Contractor agrees to indemnify and save County
hannless from and against all claims and actions and expenses incidental thereto, arising out of
damages or claims for damages resulting from the negligence of Contractor, its agents, or employees
while Contractor is performing the operation and maintenance of the Marathon Airport Terminal
Sewage Treatment Plant. However, Contractor shall not be liable for any claims, actions or expenses
which arise from the negligent or intentional acts or omissions of the County, its agents or employees.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
29. ASSURANCE AGAINST DISCRIMINATION. The Contractor shall not discriminate
against any person on the basis of race, creed, color, national origin, sex, age, or any other
characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any
other area affecting employment under this agreement or with the provision of services or goods under
this agreement.
30. ASSIGNMENT/SUBCONTRACT. The Contractor shall not assign or subcontract its
obligations under this agreement, except in writing and with the prior written approval of the Board of
County Commissioners for Monroe County, 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 ofthe
provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner
or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price
of the services/goods of the contractor.
31. FUNDING AVAILABILITY. In the event that funds from the Marathon Airport
Contractual Services are partially reduced or cannot be obtained or cannot be continued at level
sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be
terminated immediately at the option of the Board of County Commissioners by written notice of
termination delivered in person or by mail to the contractor. The Board shall not be obligated to pay
for any services provided by the contractor after the contractor has received written notice of
termination.
32. PROFESSIONAL RESPONSIBILITY. The Contractor warrants that it is authorized by
law to engage in the performance of the activities encompassed by the project herein described, subject
to the terms and conditions set forth in these contract documents The provider shall at all times
exercise independent, professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of appropriate
local, state, and/or federal certification and/or licensure of contractor.
33. COMPLIANCE WITH LAW. In providing all services/goods pursuant to this
agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to,
or regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the Board to terminate this contract immediately
upon delivery of written notice of termination to the contractor. The contractor shall possess
6
proper licenses to perform work in accordance with these specifications throughout the term of this
contract.
34. RECORDS. Contractor shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the
date the monies were paid to Contractor.
35. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
services and/or reimbursement of services shall be amended by an agreement amendment, which
must be approved in writing by the Board.
36. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and
warrants that:
(a) The Provider's name in this agreement is the full name as designated in its corporate
charter, if a corporation, or the full name under which the Provider is authorized to do business in the
State of Florida.
(b) He or she is empowered to act and contract for the Provider; and
(c) This agreement has been approved by the Board of Directors of the Provider if the
Provider is a corporation.
37. 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:
Marathon Airport Manager
9400 Overseas Highway
Marathon,FL 33050
For Provider:
Synagro Southeast, Inc.
5198 Overseas Highway
Marathon, FL 33050
38. 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.
39. CANCELLATION. In the event that the Contractor shall be found negligent in any
aspect of plant operation, maintenance, repair or service, the County shall have the right to terminate
this agreement after five days written notification to the Provider.
Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
40. CONTINGENCY STATEMENT. Monroe County's performance and obligation to pay
Wlder this contract is contingent upon an annual appropriation by the Monroe COWlty Board of County
Commissioners.
7
41. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may
not submit bids n leases of real property to public entity, may not be awarded or perfonn 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 Sec. 287.017,
for Category Two for a period of 36 months from the date of being placed on the convicted vendor
list. If the Contractor is on the convicted vendor list, then this Contract is void ab initio with the
County under no obligation to pay the Contractor any compensation or damages under any legal
theory whatsoever.
42. ETHICS CLAUSE. The Provider warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any fonner 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,
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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO , FLORIDA
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division: Airports
Bulk Item: Yes....2L.
No
Department: Marathon Airport
Staff Contact: Reggie Paros-289-6060
AGENDA ITEM WORDING: Approval of Lease and Concession Agreement with Avis Rent A Car
System, Inc. to operate an automobile rental concession at the Florida Keys Marathon Airport
ITEM BACKGROUND: The County entered into a Lease and Concession Agreement with Avis
Rent A Car System, Inc. effective March 1, 1995, which had been extended to February 28,2010. At
its meeting on February 17,2010, the Board approved to extend the agreement on a month to month
basis under the existing terms and conditions, pending execution of a new agreement.
Attached is the new Lease and Concession Agreement with Avis Rent A Car System, Inc. for a term of
five (5) years.
PREVIOUS RELEVANT BOCC ACTION: See Item Background
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:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ---..X No
AMOUNT PER YEAR (2009) $45,713
APPROVED BY: County Atty. YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: A vis Rent A Car System Contract # -
Inc. Effective Date: March 17; 2010
Expiration Date: March 16,2015
Contract Purpose/Description:
Lease space at Marathon Airport for a rental car concession
Contract Manager: Reggie Paros 6060 Marathon Airport/Stop 15
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on March 17,2010 Agenda Deadline: March 2,2010
CONTRACT COSTS
Revenue
Total Dollar Value of Contract: $ Producing Current Year Portion: $
Budgeted? YesD No 0 Account Codes: '-to?> - 3<-I'-IIO'-fSA
Grant: $
County Match: $
- - - ...
- - - - ---..........--
- - - -
~--~-
- - - -
-~---~
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eM.. maintenance, utilities, ianitorial. salaries, etc.)
CONTRACT REVIEW
Divi sion Director
Changes
Date In Needed
~~..tf) YesD No
~-tJ> YesD No
Date Out
Risk Man~~ement
~Ju- ~ .'\i~
O.M.B./Pufch~mg
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OMB Form Revised 2/27/0 I MCP #2
LEASE AND CONCESSION AGREEMENT
MARATHON AIRPORT
AVIS RENT A CAR SYSTEM, INC.
THIS CONTRACT OF LEASE (hereafter "contract", "lease", or "agreement") is made and
entered into on the day of , 2010, by and between MONROE COUNTY, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida,
33040) (hereafter "Lessor" or "County"), and AVIS RENT A CAR SYSTEM, INC., whose address is 6
Sylvan Way, Parsippany, New Jersey 07054 (hereafter "Lessee" or "Concessionaire").
WHEREAS, Lessor desires to grant to Lessee a non-exclusive right to operate an automobile
rental concession at and from the Marathon Airport at Marathon, Florida, hereinafter referred to as
Airport; and
WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide for the
leasing by Lessor to Lessee of certain space in and around the Airline Terminal at the Airport for the
establishment of a Rental Car Concession to accommodate the Lessee's customers and provide space for
the temporary placement of rental ready vehicles and for other purposes in connection with said
operations, all as hereinafter more specifically provided; now, therefore
IN CONSIDERA nON of the premises and of mutual covenants and promIses hereinafter
contained, the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee for its exclusive use as a rental car office, space
#102, located in the airline terminal at Marathon, Monroe County, Florida, said space containing 247
square feet, and being designated "Auto Rental Office/Counter," as shown on Exhibit A, attached hereto
and made a part hereof; and in addition thereto, hereby provides 7,124 sq. ft. of car prep. area and
fourteen (14) rental car ready spaces in the parking lot.
2. Term - This agreement is for a term of five (5) years, commencing
and expiring on , 2015.
,2010,
3. Rental and Fees - Lessee shall become responsible for payment of rental and fees effective
the first full calendar month in which Lessee takes possession and begins operations at the Airport.
Lessee, for and during the term hereof, shall pay to Lessor for the use and occupancy of said Basic
Premises and for the rights and privileges herein granted it at the following scheduled rates and fees:
(a) Counter Rental: Office/Counter space rental shall be paid at the rate of $7043.76, plus tax,
per year. The Office/Counter space includes that space physically enclosed by the counter, side partitions
and backwall. This rate includes the operating and maintenance expense directly related to the airline
terminal cost center plus allocated administrative cost plus return on investment.
(b) Car Prep. Area - this 7,124 sq. ft. area will be paid at the rate of $4,012.44, plus tax, per
year. Additionally, the utilities for the car prep area to be paid by Avis.
(c) Fourteen (14) Car Readv Spaces - Exhibit C - no charge.
(d) Utilities - Electricity, water and trash removal service will be assessed to Lessee at a
surcharge of $379.65 per month
The above rates will be adjusted annually, commencing , 2011, by the percentage
increase in the Consumer Price Index for urban consumers (CPI-U) for the preceding calendar year or in
accordance with the Airport's standard rates and charges as revised annually, whichever is greater.
(e) Concession Fee: The Lessee agrees to pay monthly ten (10) percent of gross revenues
for the previous month.
A performance bond in the amount of $25,000 (twenty-five thousand dollars) shall be provided to
the Board of County Commissioners and shall be held in escrow as security to insure conformance with
the contract provisions. It is not the intent of the County to call the bond for rental payments unless there
is a violation of the contract.
4. Definition of Gross Revenues - As used herein, the term "gross revenues" shall mean the
total charges for time, mileage, any and all insurance coverage charged to the renter, any and all fees,
plans, charges or surcharges of any kind whatsoever including but not limited to roadside service fees,
road side service plans, drop off fees, fuel fees, received or receivable, whether by cash or credit, before
any federal, state or local tax and after any discount specifically shown on the car rental agreement for the
rental of all motor vehicles by the operator to customers picked up at the airport for and in connection
with the rental of a motor vehicle regardless of where the payment is made or where the vehicle is
returned. It is the intent of the County that the definition of gross revenues be construed as broadly as
permitted by law and that the only exclusions to the definition of gross revenues shall be state, federal and
local taxes. The Concessionaire for the purpose of its concession rentals shall report all income, both cash
and credit, in its monthly gross revenues statement.
5. Accounting Procedures - The Concessionaire shall keep records of all sales and revenues,
whether for cash or credit, whether collected or not from its operations in a manner generally accepted as
standard to the automobile rental industry located on Airports. Lessee agrees to operate its business upon
the Airport so that a duplicate rental agreement invoice, serially pre-numbered, shall be issued for each
sale or transaction whether for cash or credit. Lessee further agrees that it will make available to Monroe
County, a full and complete book of accounts and other records required by the County to provide a true
account of all revenues pertaining to its operations under the provisions hereof. The County, acting
through its Finance Director or other authorized representative, shall have the right to inspect and audit
the Concessionaire's books of accounts and other records directly generated at the Marathon Airport
office or otherwise pertaining directly to this agreement. Knowingly furnishing the County a false
statement of its gross revenues under the provision hereof will constitute a default by the Concessionaire
of this agreement and the County may, at its option, declare this contract terminated. The Lessee 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 day's notice must be given of intent to audit by the
County to allow Lessee's controller sufficient time to schedule said presence.
6. Investment by the Lessee - All leasehold improvements and their titles shall vest
immediately in Monroe County upon their acceptance by the County. Furniture, furnishings, fixtures and
equipment will remain the personal property of Concessionaire and may be removed upon the termination
of the agreement, provided all of its accounts payable to the County are paid at that time.
7. Leasehold Improvements - Lessee 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 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 Lessee and may be removed by Lessee prior to or within a
2
reasonable time after expiration of the term of this agreement; provided, however, that Lessee shall repair
any damage to the premises caused by such removal. The failure to remove trade fixtures or other
personal property shall not constitute Lessee a hold-over, but all such property not removed within ten
(10) days after Lessee receives a written demand for such removal shall be deemed abandoned and
thereupon shall be the sole property of the Lessor.
Leasehold improvements shall include any installation of walls, partitions, doors and windows,
any electrical wiring, panels, conduits, service connections, receptacles or lighting fixtures attached to
walls, partitions, ceilings or floor, all interior finish to floors, walls, doors, windows or ceilings; and all
floor treatments or coverings, other than carpeting, that is affixed to floors; sanitary disposal lines and
sinks, commodes, and garbage disposal units; all heating, air treatment or ventilating distribution systems,
including pipes, ducts, venthoods, air handling units and hot water generators; and all refrigerator rooms
or vaults and refrigerated waste rooms including refrigeration or ventilating equipment included with
same. Any furniture, fixtures, equipment, carpeting and draperies not classified as leasehold
improvements above shall be the personal property of the Concessionaire.
8. Damage and Iniury - Lessee covenants that it and all of its agents, servants, employees,
and independent contractors will use due care and diligence in all of its activities and operations at the
Airport and the Concessionaire hereby agrees to repay or be responsible to Monroe County for all
damages to the property of the County which may be caused by an act or omission on the part of the
Concessionaire, its agents, servants, or employees and except to the extent that such damage to the
property is covered by insurance required to be provided by the Concessionaire under any provision
hereof, or is provided by Monroe County (except subrogation rights of the County's carrier),
Concessionaire shall pay, on behalf of the County, all sums which the County shall become obligated to
pay by reason of the liability, if any, imposed by law upon the County for damages because of bodily
injury, including damages for care and loss of service, including death at any time resulting from bodily
injury and because of injury to/or destruction of property, including the loss or use thereof which may be
caused by or result from any of the activities, omission, or operations of the Concessionaire, its agents,
servants, or employees on the Airport.
9. Other Development of Airport - Monroe County reserves the right to further develop or
improve the landing area of the Airport as its sees fit, regardless of the desires or views of the
Concessionaire, and without interference or hindrance; provided, however, that in no event can the
County deprive the Concessionaire of reasonable and direct routes of ingress and egress to the premises.
10. Terminal Area Planning - Lessee acknowledges that Monroe County has Master Plans
including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the County,
especially in those areas of terminal improvements which may at some time cause relocation of rental car
facilities.
11.
(a)
payable;
(b) to make no alterations, additions or improvements to the demised premises without the
prior written consent of Lessor, which consent shall not be unreasonably withheld;
( c) to keep and maintain the demised premises in good condition, order and repair during the
term of this agreement, and to surrender the same upon the expiration of the term in the condition in
which they are required to be kept, reasonable wear and tear and damage by casualty, not caused by
Lessee's negligence, riot and civil commotion, excepted;
Lessee's Obligations - Lessee covenants and agrees:
to pay the rent and other charges herein reserved at such times and places as the same are
3
(d) to observe and comply with any and all requirements of the constituted public authorities
and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Lessee or
its use of the demised premises, including, but not limited to, rules and regulations promulgated from time
to time by or at the direction of Lessor for administration of the Airport;
( e) to pay all taxes assessed or imposed by any governmental authority upon any building or
other improvements erected or installed on the demised premises during the term of this agreement; and
(f) to control the conduct, manner and appearance of its officers, agents, and employees, and,
in the event of any objection from the Director of Airports concerning the conduct, manner or appearance
of such persons, Concessionaire shall forthwith take steps necessary to remove the cause of the obj ection.
12. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees,
agents, contractors, subcontractors and other representatives shall have the right to enter upon the
demised premises for the following purposes:
(a) to inspect the demised 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; or
(b) to perform essential maintenance, repair, relocation, or removal of existing underground and
overhead wires, pipes, drains, cables and conduits now located on or across the demised premises, and to
construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the
Master Plan of development of the Airport; provided, however, that said work shall in no event disrupt or
unduly interfere with the operations of Lessee, and provided further, that the entire cost of such work,
including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise
modifying any fixed improvements at any time erected or installed in or upon the demised premises by
Lessor, Lessee or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repair
of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor.
13. Indemnification/Hold 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, (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 Lessee or any of its employees, agents, contractors or other invitees
during the term of this lease, (B) 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 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 Lessee). 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.
14. General Insurance Requirements - Prior to the commencement of work governed by this
contract (including the pre-staging of personnel and material), the Lessee shall obtain, at his/her own
4
expense, insurance as specified below. The Lessee will ensure that the insurance obtained will extend
protection to all Contractors engaged by the Lessee.
The Lessee 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.
The Lessee shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of all activities conducted by the Lessee and its Contractors until the required
insurance has been reinstated or replaced.
The Lessee shall provide, to the County, as satisfactory evidence of the required insurance, either
a 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 Lessee's insurance shall not be construed as
relieving the Lessee from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
a) General Liabilitv 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 and 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.
b) Workers' Compensation - 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: $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease,
policy limits, and $1,000,000 Bodily Injury by Disease, each employee.
Coverage shall be maintained throughout the entire term of the contract and shall be provided by a
company or companies authorized to transact business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to
submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
5
c) Vehicle Liability - 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.
d) Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved
by Monroe County Risk Management.
e) Lessee shall carry fire and extended coverage insurance, if obtainable, on all fixed
improvements erected by Lessee on the demised premises to the full insurable value hereof, it being
understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that
amount for which a prudent owner in like circumstances would insure similar property, but in no event an
amount in excess of Lessee's original cost of constructing said fixed improvements.
15. Non-Discrimination - Lessee shall furnish all services authorized under this agreement on
a fair, equal and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and
non-discriminatory prices for all items and services which it is permitted to sell or render under this
agreement. Franchisee shall not discriminate in its employment practices against any person on the basis
of race, sex, creed, color, national origin, age or any other characteristic or aspect which is not j ob related.
Lessee agrees 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. Lessee agrees to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC sS.1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
16. Rules and Regulations - Lessee agrees to observe and obey, during the term of this
agreement, all laws, ordinances, rules and regulations, as the same may be amended from time to time,
promulgated and enforced by the County and by any other proper authority having jurisdiction over the
conduct of the operations at the Airport. Within thirty (30) days from the date of this contract, the County
shall provide Lessee a written list of all rules and regulations which it has promulgated up until that time
and which will effect the Lessee's operations hereunder. In the event new rules and regulations are
6
contemplated, written notice of same shall be furnished to Lessee, and Lessee will be given thirty (30)
days to comply. In the event that Lessee should determine that any contemplated rule or regulation
unreasonably hinders him in his operation under this agreement, the Lessee shall so notify the County,
and the parties hereto agree that any problem arising incidental thereto will, as much as possible, be
worked out between the parties without the necessity to resort to further legal remedies.
17. Furnishing of Service - The Lessee further covenants and agrees that he will, at all times
during the continuance of the term hereby demised and any renewal or extension thereof, conduct,
operate, and maintain for the benefit of the public, the rental car concession provided for and described
herein, and all aspects and parts and services thereof as herein defined and set forth, and will make all
such facilities and services available to the public and that he will devote his best efforts for the
accomplishment of such purposes.
18. United States' Requirements - This lease shall be subject and subordinate to the provisions
of any existing or future agreement between the Lessor and the United States relative to the operation or
maintenance of the Airport, and execution of which has been or may be required by the provision of the
Federal Airport Act of 1946, as amended, or any future act affecting the operation or maintenance of the
Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause
any such agreement to include provisions protecting and preserving the rights of Lessee in and to the
demised premises and improvements thereon, and to compensation for the taking thereof, and payment
for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor
or the United States pursuant thereto.
19. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby, that it has lawful posseSSIOn
thereof, and has good and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee may have, hold and enj oy peaceful and uninterrupted
possession of the premises and rights herein leased and granted, subject to performance by Lessor of its
obligations herein.
20. Cancellation bv Lessor - If any of the following events occur, the Lessee shall be deemed
to be in default of its obligations under the agreement, in which case Monroe County shall give the Lessee
notice in writing to cure such default within thirty (30) days, or the concession will be automatically
canceled at the end of that time and such cancellation will be without forfeiture, waiver, or release of the
County's right to any such of money due pursuant to this agreement for the full term hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors, or file a voluntary
petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its
indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States
or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or
substantially all of the property of Lessee;
(b) if any order or decree of a court of competent jurisdiction, Lessee shall be adjudged bankrupt,
or an order shall be made approving a petition seeking its reorganization, or the readjustment of its
indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state,
territory, or possession thereof or under the law of any other state, nation, or government, provided, that if
such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of
cancellation given shall be and become void and of no effect;
(c) if by or pursuant to any order or decree of any court or governmental authority, board, agency
or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or
substantially all of the property of Lessee for the benefit of creditors, provided, that if such order or
7
decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in
which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and will
become null, void and of no effect;
(d) if Lessee fails to pay the rental charges or other money payments required by this instrument
and such failure shall not be remedied within thirty (30) days following receipt by Lessee of written
demand from Lessor to do so;
( e) if Lessee defaults in fulfilling any of the terms, covenants, or conditions required of it
hereunder and fails to remedy said default within thirty (30) days following receipt by Lessee of written
demand from Lessor to do so, or if, by reason of the nature of such default, the same cannot be remedied
within thirty (30) days following receipt by Lessee of written demand from Lessor to do so, then, if
Lessee
shall have failed to commence the remedying of such default within thirty (30) days following such
written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof;
(f) if the Lessee shall desert or abandon the premises for seven (7) consecutive calendar davs;
(g) if the concession or the estate of the Lessee hereunder shall be transferred, subleased, or
assigned in any manner except in the manner as herein permitted;
(h) if the Lessee shall fail to pay any validly imposed tax; assessments; utility rent, rate or charge;
or other governmental imposition; or any other charge or lien against the premises leased hereunder
within any grace period allowed by law, or by the governmental authority imposing the same, during
which payment is permitted without penalty or interest (In complying with this subparagraph the Lessee
does not waive his right to protest such tax, assessment, rent, rate or charge); or
(i) if the Lessee fails to provide service as required by specifications for five days during any
thirty day period, unless such failure is caused by an act of God, national emergency or a labor strike of
which the Lessee has given the County immediate notice, the concession may be canceled within thirty
(30) days of the giving of notice by the County and the Lessee shall not be permitted to cure such default.
21. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of
the agreements, terms, covenants and conditions hereof, the County shall have the right of injunction to
restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies,
indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County
are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall
be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of
monies by Monroe County from Lessee after the cancellation or termination hereof shall reinstate,
continue or extend the term, or affect any notice previously given to Lessee, or operate as a waiver of the
right of the County to enforce the payment of rentals and other charges then due or thereafter falling due,
or operate as a waiver of the right of the County to recover possession of the premises by suit or
otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after
the commencement of any proceeding, or after a final order for possession of the premises, the County
may demand and collect any monies due, or thereafter falling due, without in any manner affecting such
notice, proceeding, or order; and any and all such monies and occupation of the premises, or at the
election of the County on account of Lessee's liability hereunder. The parties agree that any litigation
arising out of the agreement shall be brought in Monroe County, Florida, and determined under the laws
of the State of Florida. The prevailing party shall pay any reasonable attorney's fees incurred by the other
party in the event of litigation. Lessee shall pay any reasonable attorney's fees incurred by the County in
the enforcement of the agreement other than through litigation, including but not limited to all costs and
attorney's fees in collecting, bankruptcy or reorganization proceedings, or appeal of any such matter.
8
22. Cancellation by Lessee - Lessee shall have the right upon written notice to Lessor, to
cancel this agreement in its entirety upon or after the happening of one or more of the following events, if
said event or events is then continuing:
(a) the issuance by any court of apparent competent jurisdiction of an injunction, order, or decree
preventing or restraining the use by Lessee of all or any substantial part of the demised premises or
preventing or restraining the use of the Airport for usual airport purposes in its entirety, or the use of any
part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport,
which remains in force unvacated or unstayed for a period of at least one hundred twenty (120) days;
(b) the default of Lessor in the performance of any of the terms, covenants or conditions required
of it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days
following receipt of written demand from Lessee to do so, except that if by reason of the nature of such
default, the same cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if
Lessor shall have failed to commence to remedy such default within said thirty (30) days following
receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence
the curing thereof;
( c) the inability of Lessee to conduct its business at the Airport in substantially the same manner
and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i)
any law, (ii) any rule, order, judgment, decree, regulation, or other action or non-action of any
Governmental authority, board, agency or officer having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised premises are totally destroyed or so
extensively damaged that it would be impracticable or uneconomical to restore the same to their previous
condition as to which Lessee is the sole judge. In any such case, the proceeds of insurance, if any,
payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the
same proportion of such proceeds as the then expired portion of the lease term bears to the full term
hereby granted, and Lessee receiving the balance thereof. If the damage results from an insurable cause
and is only partial and such that the said fixed improvements can be restored to their prior condition
within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be
entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which
event this agreement shall not be canceled but shall continue in full force and effect, and in such case any
excess thereof shall belong to Lessee;
(e) in the event of destruction of all or a material portion of the Airport or the Airport facilities or
in the event that any agency or instrumentality of the United States Government, or any state or local
government occupies the Airport or a substantial part thereof, or in the event of military mobilization or
public emergency wherein there is a curtailment, either by executive decree or legislative action, of
normal civilian traffic at the Airport or the use of motor vehicles or airplanes by the general public, or a
limitation of the supply of automobiles or of automobile fuel, supplies, or parts for general public use, and
any of said events results in material interference with Lessee's normal business operations or substantial
diminution of Lessee's gross revenue from its automobile rental concession at the Airport, continuing for
a period in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the term of this agreement, Lessee's presently
existing right to operate an automobile rental concession at the Airport is withdrawn, canceled,
terminated, or not renewed by Lessor;
(g) the taking of the whole or any part of the demised premises by the exercise of any right of
condemnation or eminent domain;
(h) if at any time during the basic term or option term of this lease a majority of the scheduled air
transportation serving the local area no longer operates from the Airport; or
(i) if at any time during the basic term hereof or the option periods, the Airport or terminal
building is removed to a place more than three (3) road miles in distance from its present location.
9
G) if at any time Lessee desires to terminate the lease without cause, and provides thirty (30)
days prior written notice to the County, and pays two (2) month's rent and 10% of the equivalent of two
(2) month's gross revenues; or if Lessee desires to terminate the lease without cause and provides no
notice or less than thirty (30) day's written notice, and pays three (3) month's rent and 10% of the
equivalent of three (3) month's gross revenues. For purposes of this paragraph, gross revenues shall be
based on the immediately preceding two months or three months, respectively, depending upon whether
thirty days notice is given.
23. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or restrict in
any way such lawful rights as Lessee may have now or in the future to maintain claims against the
federal, state, or municipal government, or any department or agency thereof, or against any interstate
body, commission or authority, or other public or private body exercising governmental powers, for
damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a
substantial part of the demised premises, including fixed improvements thereon, or of all or a material
part of the Airport with adverse effects upon Lessee's use and enj oyment of the demised premises for the
purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in maintenance of any
just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby
by Lessee.
24. Assignment and Subletting - It is expressly agreed and understood that any and all
obligations of Lessee hereunder may be fulfilled or discharged either by Lessee or by a Licensed member
of Avis Rent A Car System, Inc., duly appointed thereto by Avis Rent A Car System, and that any and all
privileges of every kind granted Lessee hereunder extends to any Licensee so appointed; provided,
however, that notwithstanding the method of operation employed by Lessee hereunder any appointed
Lessee always shall continue to remain directly liable to Lessor for the performance of all terms and
conditions of this lease. Except hereinabove set out, the premises may not be sublet, in whole or in part,
and Lessee shall not assign this agreement without prior written consent of Lessor, nor permit any transfer
by operation oflaw of Lessee's interest created hereby, other than by merger or consolidation.
25. Other Use - Lessee shall not use or permit the use of the demised premises or any part
thereof for any purpose or use other than an authorized by this agreement.
26. Liens - Lessee shall cause to be removed any and all liens of any nature arising out of or
because of any construction performed by Lessee or any of its contractors or subcontractors upon the
demised premises or arising out of or because of the performance of any work or labor upon or the
furnishing of any materials for use at said premises, by or at the direction of Lessee.
27. Time - In computing Lessee's term within which to commence construction of any fixed
improvements or to cure any default as required by this Lease, there shall be excluded all delays due to
strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any
municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or
other causes beyond Lessee's control.
28. Paragraph Headings - Paragraph headings herein are intended only to assist in reading
identification and are not in limitation or enlargement of the content of any paragraph.
29. Notices - Any notice of other communication from either party to the other pursuant to this
agreement is sufficiently given or communicated if sent by registered mail, with proper postage and
registration fees prepaid, addressed to the party for whom intended, at the following addresses:
n10
F or Lessor:
County Administrator
1100 Simonton Street
Key West, FL 33040
And
Monroe County Attorneys Office
1111 lih St
Key West, Fl. 33040
For Lessee:
Avis Rent A Car System, Inc.
Director of Properties
6 Sylvan Way
Parsippany, New Jersey 07054
or to such other address as the party being given such notice shall from time to time designate to the other
by notice given in accordance herewith.
30. The County hereby agrees not to enter into any automobile rental concession agreement
with any person, partnership, or corporation other than the Concessionaire unless the same shall be upon
terms no more favorable than those herein granted to the Concessionaire, and shall require automobile
rental services substantially equivalent to those available from automobile rental concessionaires upon
airports of comparable size throughout the United States. Nothing herein contained shall limit the County
from making such reasonable distinctions between the automobile rental concessionaires with respect to
the assignment or allocation of rental counter space and parking areas as may appear to it to be justified
by the differing operational requirements of the respective rental car concessionaires by reason of the
differing amounts of Airport automobile rental business done by each of the respective concessionaires.
31. 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 Lessor and Lessee agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
32. 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
33. 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.
34. Adiudication of Disputes or Disagreements. County and Concessionaire 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.
11
35. 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
Concessionaire 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.
36. 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.
37. No SolicitationlPavment. The County and Concessionaire 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 Concessionaire 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.
38. Public Access. The County and Concessionaire 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
Concessionaire in conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by Concessionaire.
39. Non-Waiver of Immunitv. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Concessionaire 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.
40. 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.
41. 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.
12
timely perfomlance thereof by any participating entity, in which case the performancc may be offered in
satistJction of the obligation or responsibility. Further, this Agreemcnt 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 l.'\tent permitted by the Florida constitution, state statute, and case law.
42. Non-Reliance by .\lon-Parties. No person or entity shall be entitled to rely upon the tenns,
or any of them, of this Ah'Teement to ent(m:c 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 Concessionaire
agree that neither the County nor the Concessionaire or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or h'TOUP 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 tor the purposes contemplated in this Agreement.
43. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
executIon of this Agreement.
44. 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.
45. Mutual Review. This agreement has been carefully reviewed by the Concessionaire and the
County, therefore this agreement is not to be construed against either party on the basis of authorship.
46. Lessor's Reserved Rights. Notwithstanding anything herein contained that may be, or
appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this
agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another
Lessee or other Lessees on other parts of the Airport
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
respective officer or representative thereunto duly authorized, the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF COUNTY
CO\1MISSIONERS
By_
By
Deputy Clerk
M a yorfC hai rman
Witness
A VIS RENT A CAR SYSTEM, fNC.
By___Ad:~ ,&
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Robnrl Souta, Senior Vice ?resldenl
r'.r P:'T8:1ies '" Facilit;es for Avis Budget Car Rent.al, LLC
"i' iil.lhanzed reprf'9~lali\'P I'~ AVIS Rent A Car System, LLC
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
For Properties & Facilities for Avis Budget Car Rental, LLC
an authorized representative of Avis Rent A Car System, LLC
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements. IJ&--I)
~~~.
Bidder's Signature
3\L'-\lU
Date
OMB - MCP#5
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
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warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance NO.1 0-1990 or any County officer or employee in violation of
Section 3 of Ordinance NO.1 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to (1h ormer C:91nty 9fJicer or employee.
I tJ6l/
_________ , ,I l ..' I
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(signature)
31z..Jlu
Date:
STATE OF \ \ o'<~ J-q
COUNTY OF \::\,.I..e
PERSONALLY APPEARED BEFORE ME, the undersigned authority, i,/
(JIV.v) 3 .~,'- ~/CL who, after first being sworn by me, affixed his/her
",d
signature (name of individual signing) in the space provided above on this J:l day of
\\\1\" ,-4 ,20~.
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'NOrARY PUBLld
OMB - MCP FORM #4
My commission expires:
NOTARY PUBLIC-STATE OF FLORIDA
""'''''''''' Lynn Sayanj
~.W} Commission I];D77?478
,,~., Expires: MAY 19,2012
BOrro'w THRU hTLANTIQ IlONDLNG CO., INe.
PUBLIC ENllTY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
I have read the above and state that nei.ther --d-v:I7'S (Respondent's
name) nor any Affiliate has been placed on the convic ed vendor list within the last 36
months. ~CJi!i'.
(Signature)
S \21-/\lO
Date:
STATE OF:
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1) -t. ,LA'
COUNTY OF:
Subscribe and sworn to (or affirmed) before me on .:;/~ 2.-/"Lel /u
by 1\) L2 ,) ',It SeA Cvl ~, (name of affiant). He/~~sate)
personally know~~e or has produced
as identification.
(ty~ of identification)
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cx-~,~ 77- ,i"~
NOT ARt PUBLIC
My Commission Expires:
5'-;; . ) l..
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NOTARY PUBLIC-STATE OF FWRIDA
~""""""~ Lyrrll Sayanl
f.W ~Commjssjun #DD776478
...~.,. Expires: MAY 19,2012
BONDE:D TIiRU ^TLANTIQ BONDlNG co.. INe.
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division: Airports
Bulk Item: Yes....2L.
No
Department: Marathon Airport
Staff Contact: Reggie Paros-289-6060
AGENDA ITEM WORDING: Approval of Lease and Concession Agreement with Budget Rent A
Car System, Inc. to operate an automobile rental concession at the Florida Keys Marathon Airport
ITEM BACKGROUND: The County entered into a Lease and Concession Agreement with Budget
Rent A Car System, Inc. effective March 1, 1995, which had been extended to February 28,2010. At
its meeting on February 17,2010, the Board approved to extend the agreement on a month to month
basis, under the existing terms and conditions, pending execution of a new agreement.
Attached is the new Lease and Concession Agreement with Budget Rent A Car System, Inc. for a term
of five (5) years.
PREVIOUS RELEVANT BOCC ACTION: See Item Background
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:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ---..X No
AMOUNT PER YEAR (2009) $52,647
APPROVED BY: County Atty. YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Budget Rent A Car Contract #_
System. Inc. Effective Date: March 17,20 to
Expiration Date: March 16,2015
Contract Purpo seIDe scri pti on:
Lease space at Marathon Airport for a rental car concession
Contract Manager: Reggie Paros 6060 Marathon Airport/Stop 15
(Name) (Ext.) (DepartmentfStop #)
for BOCC meeting on March 17,2010 Agenda Deadline: March 2,2010
CONTRACT COSTS
Revenue
Total Dollar Value of Contract; $ Producing Current Year Portion: $
Budgeted? YesO No 0 Account Codes: ~ - S'-I ~ I o'-l SA
Grant: $
County Match: $
- - - ...
-----
- -
---
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities. ianitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director ~k)
Risk Man_~ement a/ OO~
pJLt.. ~ \,~~
O.M.B./Purchasmg J. -\&-10
County Attorney ~ jlJ. ) I 0
Changes
Needed
YesO No~
YesO Noef'
YesD N00"
Date Out
OMB Fonn Revised 2/27/01 MCP #2
LEASE AND CONCESSION AGREEMENT
MARATHON AIRPORT
BUDGET RENT A CAR SYSTEM, INC.
THIS CONTRACT OF LEASE (hereafter "contract", "lease", or "agreement") is made and
entered into on the day of , 2010, by and between MONROE COUNTY, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida,
33040) (hereafter "Lessor" or "County"), and BUDGET RENT A CAR SYSTEM, INC., whose address is
6 Sylvan Way, Parsippany, New Jersey 07054 (hereafter "Lessee" or "Concessionaire").
WHEREAS, Lessor desires to grant to Lessee a non-exclusive right to operate an automobile
rental concession at and from the Marathon Airport at Marathon, Florida, hereinafter referred to as
Airport; and
WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide for the
leasing by Lessor to Lessee of certain space in and around the Airline Terminal at the Airport for the
establishment of a Rental Car Concession to accommodate the Lessee's customers and provide space for
the temporary placement of rental ready vehicles and for other purposes in connection with said
operations, all as hereinafter more specifically provided; now, therefore
IN CONSIDERA nON of the premises and of mutual covenants and promIses hereinafter
contained, the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee for its exclusive use as a rental car office, space
#101, located in the airline terminal at Marathon, Monroe County, Florida, said space containing 247
square feet, and being designated "Auto Rental Office/Counter," as shown on Exhibit A, attached hereto
and made a part hereof; and in addition thereto, hereby provides 6402 sq. ft. of car prep. area and fourteen
(14) rental car ready spaces in the parking lot.
2. Term - This agreement is for a term of five (5) years, commencmg
2010, and expiring on ,2015.
3. Rental and Fees - Lessee shall become responsible for payment of rental and fees effective
the first full calendar month in which Lessee takes possession and begins operations at the Airport.
Lessee, for and during the term hereof, shall pay to Lessor for the use and occupancy of said Basic
Premises and for the rights and privileges herein granted it at the following scheduled rates and fees:
(a) Counter Rental: Office/Counter space rental shall be paid at the rate of $6,872.04, plus
tax, per year. The Office/Counter space includes that space physically enclosed by the counter, side
partitions and backwall. This rate includes the operating and maintenance expense directly related to the
airline terminal cost center plus allocated administrative cost plus return on investment.
(b) Car Prep. Area - this 6402 sq. ft. area will be paid at the rate of $3,517.68, plus tax, per
year. Additionally, the utilities for the car prep area to be paid by Budget.
(c) Fourteen (14) Car Ready Spaces - Exhibit C - no charge.
(d) Utilities - Electricity, water and trash removal service will be assessed to Lessee at a
surcharge of $379.65 per month.
The above rates will be adjusted annually, commencing , 2011, by the percentage
increase in the Consumer Price Index for urban consumers (CPI-U) for the preceding calendar year or in
accordance with the Airport's standard rates and charges as revised annually, whichever is greater.
(e) Concession Fee: The Lessee agrees to pay monthly ten (10) percent of gross revenues
for the previous month.
A performance bond in the amount of $25,000 (twenty-five thousand dollars) shall be provided to
the Board of County Commissioners and shall be held in escrow as security to insure conformance with
the contract provisions. It is not the intent of the County to call the bond for rental payments unless there
is a violation of the contract.
4. Definition of Gross Revenues - As used herein, the term "gross revenues" shall mean the
total charges for time, mileage, any and all insurance coverage charged to the renter, any and all fees,
plans, charges or surcharges of any kind whatsoever including but not limited to roadside service fees,
road side service plans, drop off fees, fuel fees, received or receivable, whether by cash or credit, before
any federal, state or local tax and after any discount specifically shown on the car rental agreement for the
rental of all motor vehicles by the operator to customers picked up at the airport for and in connection
with the rental of a motor vehicle regardless of where the payment is made or where the vehicle is
returned. It is the intent of the County that the definition of gross revenues be construed as broadly as
permitted by law and that the only exclusions to the definition of gross revenues shall be state, federal and
local taxes. The Concessionaire for the purpose of its concession rentals shall report all income, both cash
and credit, in its monthly gross revenues statement.
5. Accounting Procedures - The Concessionaire shall keep records of all sales and revenues,
whether for cash or credit, whether collected or not from its operations in a manner generally accepted as
standard to the automobile rental industry located on Airports. Lessee agrees to operate its business upon
the Airport so that a duplicate rental agreement invoice, serially pre-numbered, shall be issued for each
sale or transaction whether for cash or credit. Lessee further agrees that it will make available to Monroe
County, a full and complete book of accounts and other records required by the County to provide a true
account of all revenues pertaining to its operations under the provisions hereof. The County, acting
through its Finance Director or other authorized representative, shall have the right to inspect and audit
the Concessionaire's books of accounts and other records directly generated at the Marathon Airport
office or otherwise pertaining directly to this agreement. Knowingly furnishing the County a false
statement of its gross revenues under the provision hereof will constitute a default by the Concessionaire
of this agreement and the County may, at its option, declare this contract terminated. The Lessee 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 day's notice must be given of intent to audit by the
County to allow Lessee's controller sufficient time to schedule said presence.
6. Investment by the Lessee - All leasehold improvements and their titles shall vest
immediately in Monroe County upon their acceptance by the County. Furniture, furnishings, fixtures and
equipment will remain the personal property of Concessionaire and may be removed upon the termination
of the agreement, provided all of its accounts payable to the County are paid at that time.
7. Leasehold Improvements - Lessee 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 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 Lessee and may be removed by Lessee prior to or within a
2
reasonable time after expiration of the term of this agreement; provided, however, that Lessee shall repair
any damage to the premises caused by such removal. The failure to remove trade fixtures or other
personal property shall not constitute Lessee a hold-over, but all such property not removed within ten
(10) days after Lessee receives a written demand for such removal shall be deemed abandoned and
thereupon shall be the sole property of the Lessor.
Leasehold improvements shall include any installation of walls, partitions, doors and windows,
any electrical wiring, panels, conduits, service connections, receptacles or lighting fixtures attached to
walls, partitions, ceilings or floor, all interior finish to floors, walls, doors, windows or ceilings; and all
floor treatments or coverings, other than carpeting, that is affixed to floors; sanitary disposal lines and
sinks, commodes, and garbage disposal units; all heating, air treatment or ventilating distribution systems,
including pipes, ducts, venthoods, air handling units and hot water generators; and all refrigerator rooms
or vaults and refrigerated waste rooms including refrigeration or ventilating equipment included with
same. Any furniture, fixtures, equipment, carpeting and draperies not classified as leasehold
improvements above shall be the personal property of the Concessionaire.
8. Damage and Iniury - Lessee covenants that it and all of its agents, servants, employees,
and independent contractors will use due care and diligence in all of its activities and operations at the
Airport and the Concessionaire hereby agrees to repay or be responsible to Monroe County for all
damages to the property of the County which may be caused by an act or omission on the part of the
Concessionaire, its agents, servants, or employees and except to the extent that such damage to the
property is covered by insurance required to be provided by the Concessionaire under any provision
hereof, or is provided by Monroe County (except subrogation rights of the County's carrier),
Concessionaire shall pay, on behalf of the County, all sums which the County shall become obligated to
pay by reason of the liability, if any, imposed by law upon the County for damages because of bodily
injury, including damages for care and loss of service, including death at any time resulting from bodily
injury and because of injury to/or destruction of property, including the loss or use thereof which may be
caused by or result from any of the activities, omission, or operations of the Concessionaire, its agents,
servants, or employees on the Airport.
9. Other Development of Airport - Monroe County reserves the right to further develop or
improve the landing area of the Airport as its sees fit, regardless of the desires or views of the
Concessionaire, and without interference or hindrance; provided, however, that in no event can the
County deprive the Concessionaire of reasonable and direct routes of ingress and egress to the premises.
10. Terminal Area Planning - Lessee acknowledges that Monroe County has Master Plans
including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the County,
especially in those areas of terminal improvements which may at some time cause relocation of rental car
facilities.
11.
(a)
payable;
(b) to make no alterations, additions or improvements to the demised premises without the
prior written consent of Lessor, which consent shall not be unreasonably withheld;
( c) to keep and maintain the demised premises in good condition, order and repair during the
term of this agreement, and to surrender the same upon the expiration of the term in the condition in
which they are required to be kept, reasonable wear and tear and damage by casualty, not caused by
Lessee's negligence, riot and civil commotion, excepted;
Lessee's Obligations - Lessee covenants and agrees:
to pay the rent and other charges herein reserved at such times and places as the same are
3
(d) to observe and comply with any and all requirements of the constituted public authorities
and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Lessee or
its use of the demised premises, including, but not limited to, rules and regulations promulgated from time
to time by or at the direction of Lessor for administration of the Airport;
( e) to pay all taxes assessed or imposed by any governmental authority upon any building or
other improvements erected or installed on the demised premises during the term of this agreement; and
(f) to control the conduct, manner and appearance of its officers, agents, and employees, and,
in the event of any objection from the Director of Airports concerning the conduct, manner or appearance
of such persons, Concessionaire shall forthwith take steps necessary to remove the cause of the obj ection.
12. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees,
agents, contractors, subcontractors and other representatives shall have the right to enter upon the
demised premises for the following purposes:
(a) to inspect the demised 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; or
(b) to perform essential maintenance, repair, relocation, or removal of existing underground and
overhead wires, pipes, drains, cables and conduits now located on or across the demised premises, and to
construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the
Master Plan of development of the Airport; provided, however, that said work shall in no event disrupt or
unduly interfere with the operations of Lessee, and provided further, that the entire cost of such work,
including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise
modifying any fixed improvements at any time erected or installed in or upon the demised premises by
Lessor, Lessee or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repair
of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor.
13. Indemnification/Hold 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, (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 Lessee or any of its employees, agents, contractors or other invitees
during the term of this lease, (B) 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 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 Lessee). 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.
14. General Insurance Requirements - Prior to the commencement of work governed by this
contract (including the pre-staging of personnel and material), the Lessee shall obtain, at his/her own
4
expense, insurance as specified below. The Lessee will ensure that the insurance obtained will extend
protection to all Contractors engaged by the Lessee.
The Lessee 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.
The Lessee shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of all activities conducted by the Lessee and its Contractors until the required
insurance has been reinstated or replaced.
The Lessee shall provide, to the County, as satisfactory evidence of the required insurance, either
a 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 Lessee's insurance shall not be construed as
relieving the Lessee from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
a) General Liabilitv 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 and 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.
b) Workers' Compensation - 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: $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease,
policy limits, and $1,000,000 Bodily Injury by Disease, each employee.
Coverage shall be maintained throughout the entire term of the contract and shall be provided by a
company or companies authorized to transact business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to
submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
5
c) Vehicle Liability - 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.
d) Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved
by Monroe County Risk Management.
e) Lessee shall carry fire and extended coverage insurance, if obtainable, on all fixed
improvements erected by Lessee on the demised premises to the full insurable value hereof, it being
understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that
amount for which a prudent owner in like circumstances would insure similar property, but in no event an
amount in excess of Lessee's original cost of constructing said fixed improvements.
15. Non-Discrimination - Lessee shall furnish all services authorized under this agreement on
a fair, equal and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and
non-discriminatory prices for all items and services which it is permitted to sell or render under this
agreement. Franchisee shall not discriminate in its employment practices against any person on the basis
of race, sex, creed, color, national origin, age or any other characteristic or aspect which is not j ob related.
Lessee agrees 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. Lessee agrees to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC sS.1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
16. Rules and Regulations - Lessee agrees to observe and obey, during the term of this
agreement, all laws, ordinances, rules and regulations, as the same may be amended from time to time,
promulgated and enforced by the County and by any other proper authority having jurisdiction over the
conduct of the operations at the Airport. Within thirty (30) days from the date of this contract, the County
shall provide Lessee a written list of all rules and regulations which it has promulgated up until that time
and which will effect the Lessee's operations hereunder. In the event new rules and regulations are
6
contemplated, written notice of same shall be furnished to Lessee, and Lessee will be given thirty (30)
days to comply. In the event that Lessee should determine that any contemplated rule or regulation
unreasonably hinders him in his operation under this agreement, the Lessee shall so notify the County,
and the parties hereto agree that any problem arising incidental thereto will, as much as possible, be
worked out between the parties without the necessity to resort to further legal remedies.
17. Furnishing of Service - The Lessee further covenants and agrees that he will, at all times
during the continuance of the term hereby demised and any renewal or extension thereof, conduct,
operate, and maintain for the benefit of the public, the rental car concession provided for and described
herein, and all aspects and parts and services thereof as herein defined and set forth, and will make all
such facilities and services available to the public and that he will devote his best efforts for the
accomplishment of such purposes.
18. United States' Requirements - This lease shall be subject and subordinate to the provisions
of any existing or future agreement between the Lessor and the United States relative to the operation or
maintenance of the Airport, and execution of which has been or may be required by the provision of the
Federal Airport Act of 1946, as amended, or any future act affecting the operation or maintenance of the
Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause
any such agreement to include provisions protecting and preserving the rights of Lessee in and to the
demised premises and improvements thereon, and to compensation for the taking thereof, and payment
for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor
or the United States pursuant thereto.
19. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby, that it has lawful posseSSIOn
thereof, and has good and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee may have, hold and enj oy peaceful and uninterrupted
possession of the premises and rights herein leased and granted, subject to performance by Lessor of its
obligations herein.
20. Cancellation bv Lessor - If any of the following events occur, the Lessee shall be deemed
to be in default of its obligations under the agreement, in which case Monroe County shall give the Lessee
notice in writing to cure such default within thirty (30) days, or the concession will be automatically
canceled at the end of that time and such cancellation will be without forfeiture, waiver, or release of the
County's right to any such of money due pursuant to this agreement for the full term hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors, or file a voluntary
petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its
indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States
or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or
substantially all of the property of Lessee;
(b) if any order or decree of a court of competent jurisdiction, Lessee shall be adjudged bankrupt,
or an order shall be made approving a petition seeking its reorganization, or the readjustment of its
indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state,
territory, or possession thereof or under the law of any other state, nation, or government, provided, that if
such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of
cancellation given shall be and become void and of no effect;
(c) ifby or pursuant to any order or decree of any court or governmental authority, board, agency
or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or
substantially all of the property of Lessee for the benefit of creditors, provided, that if such order or
7
decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in
which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and will
become null, void and of no effect;
(d) if Lessee fails to pay the rental charges or other money payments required by this instrument
and such failure shall not be remedied within thirty (30) days following receipt by Lessee of written
demand from Lessor to do so;
( e) if Lessee defaults in fulfilling any of the terms, covenants, or conditions required of it
hereunder and fails to remedy said default within thirty (30) days following receipt by Lessee of written
demand from Lessor to do so, or if, by reason of the nature of such default, the same cannot be remedied
within thirty (30) days following receipt by Lessee of written demand from Lessor to do so, then, if
Lessee
shall have failed to commence the remedying of such default within thirty (30) days following such
written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof;
(f) if the Lessee shall desert or abandon the premises for seven (7) consecutive calendar davs;
(g) if the concession or the estate of the Lessee hereunder shall be transferred, subleased, or
assigned in any manner except in the manner as herein permitted;
(h) if the Lessee shall fail to pay any validly imposed tax; assessments; utility rent, rate or charge;
or other governmental imposition; or any other charge or lien against the premises leased hereunder
within any grace period allowed by law, or by the governmental authority imposing the same, during
which payment is permitted without penalty or interest (In complying with this subparagraph the Lessee
does not waive his right to protest such tax, assessment, rent, rate or charge); or
(i) if the Lessee fails to provide service as required by specifications for five days during any
thirty day period, unless such failure is caused by an act of God, national emergency or a labor strike of
which the Lessee has given the County immediate notice, the concession may be canceled within thirty
(30) days of the giving of notice by the County and the Lessee shall not be permitted to cure such default.
21. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of
the agreements, terms, covenants and conditions hereof, the County shall have the right of injunction to
restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies,
indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County
are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall
be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of
monies by Monroe County from Lessee after the cancellation or termination hereof shall reinstate,
continue or extend the term, or affect any notice previously given to Lessee, or operate as a waiver of the
right of the County to enforce the payment of rentals and other charges then due or thereafter falling due,
or operate as a waiver of the right of the County to recover possession of the premises by suit or
otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after
the commencement of any proceeding, or after a final order for possession of the premises, the County
may demand and collect any monies due, or thereafter falling due, without in any manner affecting such
notice, proceeding, or order; and any and all such monies and occupation of the premises, or at the
election of the County on account of Lessee's liability hereunder. The parties agree that any litigation
arising out of the agreement shall be brought in Monroe County, Florida, and determined under the laws
of the State of Florida. The prevailing party shall pay any reasonable attorney's fees incurred by the other
party in the event of litigation. Lessee shall pay any reasonable attorney's fees incurred by the County in
the enforcement of the agreement other than through litigation, including but not limited to all costs and
attorney's fees in collecting, bankruptcy or reorganization proceedings, or appeal of any such matter.
8
22. Cancellation by Lessee - Lessee shall have the right upon written notice to Lessor, to
cancel this agreement in its entirety upon or after the happening of one or more of the following events, if
said event or events is then continuing:
(a) the issuance by any court of apparent competent jurisdiction of an injunction, order, or decree
preventing or restraining the use by Lessee of all or any substantial part of the demised premises or
preventing or restraining the use of the Airport for usual airport purposes in its entirety, or the use of any
part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport,
which remains in force unvacated or unstayed for a period of at least one hundred twenty (120) days;
(b) the default of Lessor in the performance of any of the terms, covenants or conditions required
of it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days
following receipt of written demand from Lessee to do so, except that if by reason of the nature of such
default, the same cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if
Lessor shall have failed to commence to remedy such default within said thirty (30) days following
receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence
the curing thereof;
( c) the inability of Lessee to conduct its business at the Airport in substantially the same manner
and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i)
any law, (ii) any rule, order, judgment, decree, regulation, or other action or non-action of any
Governmental authority, board, agency or officer having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised premises are totally destroyed or so
extensively damaged that it would be impracticable or uneconomical to restore the same to their previous
condition as to which Lessee is the sole judge. In any such case, the proceeds of insurance, if any,
payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the
same proportion of such proceeds as the then expired portion of the lease term bears to the full term
hereby granted, and Lessee receiving the balance thereof. If the damage results from an insurable cause
and is only partial and such that the said fixed improvements can be restored to their prior condition
within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be
entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which
event this agreement shall not be canceled but shall continue in full force and effect, and in such case any
excess thereof shall belong to Lessee;
(e) in the event of destruction of all or a material portion of the Airport or the Airport facilities or
in the event that any agency or instrumentality of the United States Government, or any state or local
government occupies the Airport or a substantial part thereof, or in the event of military mobilization or
public emergency wherein there is a curtailment, either by executive decree or legislative action, of
normal civilian traffic at the Airport or the use of motor vehicles or airplanes by the general public, or a
limitation of the supply of automobiles or of automobile fuel, supplies, or parts for general public use, and
any of said events results in material interference with Lessee's normal business operations or substantial
diminution of Lessee's gross revenue from its automobile rental concession at the Airport, continuing for
a period in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the term of this agreement, Lessee's presently
existing right to operate an automobile rental concession at the Airport is withdrawn, canceled,
terminated, or not renewed by Lessor;
(g) the taking of the whole or any part of the demised premises by the exercise of any right of
condemnation or eminent domain;
(h) if at any time during the basic term or option term of this lease a majority of the scheduled air
transportation serving the local area no longer operates from the Airport; or
(i) if at any time during the basic term hereof or the option periods, the Airport or terminal
building is removed to a place more than three (3) road miles in distance from its present location.
9
G) if at any time Lessee desires to terminate the lease without cause, and provides thirty (30)
days prior written notice to the County, and pays two (2) month's rent and 10% of the equivalent of two
(2) month's gross revenues; or if Lessee desires to terminate the lease without cause and provides no
notice or less than thirty (30) day's written notice, and pays three (3) month's rent and 10% of the
equivalent of three (3) month's gross revenues. For purposes of this paragraph, gross revenues shall be
based on the immediately preceding two months or three months, respectively, depending upon whether
thirty days notice is given.
23. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or restrict in
any way such lawful rights as Lessee may have now or in the future to maintain claims against the
federal, state, or municipal government, or any department or agency thereof, or against any interstate
body, commission or authority, or other public or private body exercising governmental powers, for
damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a
substantial part of the demised premises, including fixed improvements thereon, or of all or a material
part of the Airport with adverse effects upon Lessee's use and enj oyment of the demised premises for the
purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in maintenance of any
just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby
by Lessee.
24. Assignment and Subletting - It is expressly agreed and understood that any and all
obligations of Lessee hereunder may be fulfilled or discharged either by Lessee or by a Licensed member
of Budget Rent A Car System, Inc., duly appointed thereto by Budget Rent A Car System, and that any
and all privileges of every kind granted Lessee hereunder extends to any Licensee so appointed; provided,
however, that notwithstanding the method of operation employed by Lessee hereunder any appointed
Lessee always shall continue to remain directly liable to Lessor for the performance of all terms and
conditions of this lease. Except hereinabove set out, the premises may not be sublet, in whole or in part,
and Lessee shall not assign this agreement without prior written consent of Lessor, nor permit any transfer
by operation oflaw of Lessee's interest created hereby, other than by merger or consolidation.
25. Other Use - Lessee shall not use or permit the use of the demised premises or any part
thereof for any purpose or use other than an authorized by this agreement.
26. Liens - Lessee shall cause to be removed any and all liens of any nature arising out of or
because of any construction performed by Lessee or any of its contractors or subcontractors upon the
demised premises or arising out of or because of the performance of any work or labor upon or the
furnishing of any materials for use at said premises, by or at the direction of Lessee.
27. Time - In computing Lessee's term within which to commence construction of any fixed
improvements or to cure any default as required by this Lease, there shall be excluded all delays due to
strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any
municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or
other causes beyond Lessee's control.
28. Paragraph Headings - Paragraph headings herein are intended only to assist in reading
identification and are not in limitation or enlargement of the content of any paragraph.
29. Notices - Any notice of other communication from either party to the other pursuant to this
agreement is sufficiently given or communicated if sent by registered mail, with proper postage and
registration fees prepaid, addressed to the party for whom intended, at the following addresses:
u10
F or Lessor:
County Administrator
1100 Simonton Street
Key West, FL 33040
And
Monroe County Attorneys Office
1111 1ih St
Key West, Fl. 33040
For Lessee:
Budget Rent A Car System, Inc.
Director of Properties
6 Sylvan Way
Parsippany, New Jersey 07054
or to such other address as the party being given such notice shall from time to time designate to the other
by notice given in accordance herewith.
30. The County hereby agrees not to enter into any automobile rental concession agreement
with any person, partnership, or corporation other than the Concessionaire unless the same shall be upon
terms no more favorable than those herein granted to the Concessionaire, and shall require automobile
rental services substantially equivalent to those available from automobile rental concessionaires upon
airports of comparable size throughout the United States. Nothing herein contained shall limit the County
from making such reasonable distinctions between the automobile rental concessionaires with respect to
the assignment or allocation of rental counter space and parking areas as may appear to it to be justified
by the differing operational requirements of the respective rental car concessionaires by reason of the
differing amounts of Airport automobile rental business done by each of the respective concessionaires.
31. 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 Lessor and Lessee agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
32. 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
33. 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.
34. Adiudication of Disputes or Disagreements. County and Concessionaire 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.
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35. 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
Concessionaire 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.
36. 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.
37. No SolicitationlPavment. The County and Concessionaire 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 Concessionaire 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.
38. Public Access. The County and Concessionaire 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
Concessionaire in conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by Concessionaire.
39. Non-Waiver of Immunitv. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Concessionaire 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.
40. 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.
41. 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.
12
timely pl:rfollnancl: thcITof 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 uf the constttutional or statutory duties of the County, except to
the extent pCllnitted by the Florida constitution, state statute, and case law.
42. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms,
or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder. and the County and the Concessionaire
agree that neither the County nor the Cuncessionaire or any agent, officer, or employee of either shall have
the authority to infolln, counsel, or other\vise 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 l(lr the purposes contemplated in this Agreement.
43. 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.
44. 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.
45. Mutual Review. ThiS agreement has been carefully reviewed by the ConceSSIOnaire and the
County, therefore this agreement is not to be construed against either party on the basis of authorship.
46. Lessor's Reserved Rights. Notwithstanding anything herein contained that may be, or
appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this
agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another
Lessee or other Lessees on other parts of tht.' Airport.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
respective officer or representative thereunto duly authorized, the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By__
Deputy Clerk
By
Mayor/Chairman
BUDGET RENT A CAR SYSTEM, INC.
/' /'
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By
Witness
,.,
rille
Robert Bouta. ....'.nio'- \ icc Presidcnt
LOt Properti,', ,Z Lu:iliti", fur _ Avis Rudgc'l Car R,'ntJl, lLC
an authorized representative of Budget R.:nt A Car System, Ine.
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DRUG-FREE \VORKPLACE FORM
The undersigned vcndor in accordance with Flurida Statutc 287.087 hcreby certi ties that:
r r D"'-.r:~:-t.f~S '~L : Ji~,,'.;I~') fl-,r ....\',.:~ 3[.1";"h~~ C j' :l;-"~"i !_C
:1'"' :~~.J!r ''''~r<! '~~~'.':.Jt::I; l:,:'.":' ..f avj.;..~1 ~-',. ' ,.; :.= I' S r ..',',;- "'(.
1. Puhlish a statement notifying employees that the unlawful manufacture, distribution, dispcnsing,
pussession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against cmployees 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. (iive each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement speci tied in subscction ( I).
4. In the statement specified in subsectill\1 (1), notify the employces 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 cmployer 'If any conviction uf, or plea of gui lty 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 tive (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 availa.blc 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 ccrtify that this firm complics fully \vith the above
reg uiremcnts.
BiJder':) Signature
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Datc
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010- 1990
MONROE COUNTY, flORIDA
ETHICS CLAUSE
_ _ warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance l'lo. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance NO.1 0-1990. For breach or violation of~his 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.
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[signature)
Date:_
STATE OF
COUNTY OF _::. _____
PERSONALLY APPEARED BEFORE ME, the undersigned authority',
---"--- -
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this u"_ '_ day of
'_~~ _~ _ __' 20 _ __'
NO r~ARY PUBLiC
C'MB - MCP FORM ii 4
My commission expires:
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PUBLIC EN-rnV CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 3~
months from the date of being placed on the convicted vendor list."
f:: "
I have read the above and state that neither~~)\ l /1 ' \. (Respondent's
name) nor any Affiliate has been placed on the convYtted v6fH21CJr I.iifwithin the last 36
months.
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Subscribe and sworn to (or affirmed) before me on
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NOTARY PUBLIC:
My Commission ~xpires:
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division: Airports
Bulk Item: Yes ~
No
Department: Marathon Airport
Staff Contact: Reggie Paros-289-6060
AGENDA ITEM WORDING: Approval of Lease and Concession Agreement with Enterprise
Leasing Company of Florida, LLC, to operate an automobile rental concession at the Florida Keys
Marathon Airport
ITEM BACKGROUND: The County entered into a Lease and Concession Agreement with
Enterprise on January 17, 1996, which had been extended to November 14, 2009. At its meeting on
December 16, 2009, the Board approved to extend the agreement on a month to month basis, under the
existing terms and conditions, pending execution of a new agreement.
Attached is the new Lease and Concession Agreement with Enterprise Leasing Company of Florida,
LLC for a term of five (5) years.
PREVIOUS RELEVANT BOCC ACTION: See Item Background
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:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes -....X No
AMOUNT PER YEAR (2009) $65,503.00
APPROVED BY: County Atty. YES OMBIPurchasing YES Risk Management YES
DOCUMENTATION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Enterprise Leasing
Company of Florida LLC
Contract #
Effective Date:
Expiration Date:
((-(to J,
( /-1'
, 1
) i. I 6
Contract Purpose/Description:
Lease space at Marathon Airport for a rental car concession
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Contract Manager: Reggie Paros
(Name)
6060
(Ext. )
Marathon Airport/Stop 15
(Department/Stop #)
for BOCC meeting on
January 20, 2010 Agenda Deadline: January 5, 2010
CONTRACT COSTS
Revenue
Total Dollar Value of Contract: $ Producing
Budgeted? YesD No D Account Codes: _ __
Grant: $
~-~--~-
County Match: $
Cunent Year Portion: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (e . maintenance, utilities, 'anitorial, salaries, etc.)
CONTRACT REVIEW
Changes ~
Date In Needed r \R~/-,--
Division Director ,-C"L-lO YesD NoEr, I" ,\ ,~ ,') >~:..J ~
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,-/'3-10
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12/15/09
O.M.B./p~haSing
County Attorney
YesD NoD
YesD NoC2;J
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Prepared by Pedro Mercado
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LEASE AND CONCESSION AGREEMENT
MARATHON AIRPORT
ENTERPRISE LEASING COMPANY OF FLORIDA, LLC
THIS CONTRACT OF LEASE (hereafter "contract", "lease", or "agreement") is made and
entered into on the day of , 2010, by and between MONROE COUNTY, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida,
33040) (hereafter "Lessor" or "County"), and ENTERPRISE LEASING COMPANY OF FLORIDA
LLC, whose address is 11945 SW 140th Terrace, Miami, Florida, 33186 (hereafter "Lessee" or
"Concessionaire").
WHEREAS, Lessor desires to grant to Lessee a non-exclusive right to operate an automobile
rental concession at and from the Marathon Airport at Marathon, Florida, hereinafter referred to as
Airport; and
WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide for the
leasing by Lessor to Lessee of certain space in and around the Airline Terminal at the Airport for the
establishment of a Rental Car Concession to accommodate the Lessee's customers and provide space for
the temporary placement of rental ready vehicles and for other purposes in connection with said
operations, all as hereinafter more specifically provided; now, therefore
IN CONSIDERA nON of the premises and of mutual covenants and promIses hereinafter
contained, the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee for its exclusive use as a rental car office, space
#106, located in the airline terminal at Marathon, Monroe County, Florida, said space containing 247
square feet, and being designated "Auto Rental Office/Counter," as shown on Exhibit A, attached hereto
and made a part hereof; and in addition thereto, hereby provides 7142 sq. ft. of car prep. area and fourteen
(14) rental car ready spaces in the parking lot.
2. Term - This agreement is for a term of five (5) years, commencing
and expiring on , 2015.
,2010,
3. Rental and Fees - Lessee shall become responsible for payment of rental and fees effective
the first full calendar month in which Lessee takes possession and begins operations at the Airport.
Lessee, for and during the term hereof, shall pay to Lessor for the use and occupancy of said Basic
Premises and for the rights and privileges herein granted it at the following scheduled rates and fees:
(a) Counter Rental: Office/Counter space rental shall be paid at the rate of $7,120.12, plus
tax, per year. The Office/Counter space includes that space physically enclosed by the counter, side
partitions and backwall. This rate includes the operating and maintenance expense directly related to the
airline terminal cost center plus allocated administrative cost plus return on investment.
(b) Car Prep. Area - this 7142 sq. ft. area will be paid at the rate of $4,065.94, plus tax, per
year. Additionally, the utilities for the car prep area to be paid by Enterprise.
(c) Fourteen (14) Car Ready Spaces - Exhibit C - no charge.
(d) Utilities - Electricity, water and trash removal service will be assessed to Lessee at a
surcharge of $379.65 per month.
The above rates will be adjusted annually, commencing , 2011, by the percentage
increase in the Consumer Price Index for urban consumers (CPI-U) for the preceding calendar year or in
accordance with the Airport's standard rates and charges as revised annually, whichever is greater.
(e) Concession Fee: The Lessee agrees to pay monthly ten (10) percent of gross revenues
for the previous month.
A performance bond in the amount of $25,000 (twenty-five thousand dollars) shall be provided to
the Board of County Commissioners and shall be held in escrow as security to insure conformance with
the contract provisions. It is not the intent of the County to call the bond for rental payments unless there
is a violation of the contract.
4. Definition of Gross Revenues - As used herein, the term "gross revenues" shall mean the
total charges for time, mileage, any and all insurance coverage charged to the renter, any and all fees,
plans, charges or surcharges of any kind whatsoever including but not limited to roadside service fees,
road side service plans, drop off fees, fuel fees, received or receivable, whether by cash or credit, before
any federal, state or local tax and after any discount specifically shown on the car rental agreement for the
rental of all motor vehicles by the operator to customers picked up at the airport for and in connection
with the rental of a motor vehicle regardless of where the payment is made or where the vehicle is
returned. It is the intent of the County that the definition of gross revenues be construed as broadly as
permitted by law and that the only exclusions to the definition of gross revenues shall be state, federal and
local taxes. The Concessionaire for the purpose of its concession rentals shall report all income, both cash
and credit, in its monthly gross revenues statement.
When fees are collected pursuant to the Concessionaires optional customer carbon offset program,
such fees may be eligible for exception from gross revenues subject to concession fees. In order to
qualify for exemption from gross revenues subject to concession fees, the optional customer carbon offset
program fee shall be shown as such and listed separately on the customer's rental agreement.
5. Accounting Procedures - The Concessionaire shall keep records of all sales and revenues,
whether for cash or credit, whether collected or not from its operations in a manner generally accepted as
standard to the automobile rental industry located on Airports. Lessee agrees to operate its business upon
the Airport so that a duplicate rental agreement invoice, serially pre-numbered, shall be issued for each
sale or transaction whether for cash or credit. Lessee further agrees that it will make available to Monroe
County, a full and complete book of accounts and other records required by the County to provide a true
account of all revenues pertaining to its operations under the provisions hereof. The County, acting
through its Finance Director or other authorized representative, shall have the right to inspect and audit
the Concessionaire's books of accounts and other records directly generated at the Marathon Airport
office or otherwise pertaining directly to this agreement. Knowingly furnishing the County a false
statement of its gross revenues under the provision hereof will constitute a default by the Concessionaire
of this agreement and the County may, at its option, declare this contract terminated. The Lessee 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 day's notice must be given of intent to audit by the
County to allow Lessee's controller sufficient time to schedule said presence.
6. Investment by the Lessee - All leasehold improvements and their titles shall vest
immediately in Monroe County upon their acceptance by the County. Furniture, furnishings, fixtures and
equipment will remain the personal property of Concessionaire and may be removed upon the termination
of the agreement, provided all of its accounts payable to the County are paid at that time.
2
7. Leasehold Improvements - Lessee 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 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 Lessee and may be removed by Lessee prior to or within a
reasonable time after expiration of the term of this agreement; provided, however, that Lessee shall repair
any damage to the premises caused by such removal. The failure to remove trade fixtures or other
personal property shall not constitute Lessee a hold-over, but all such property not removed within ten
(10) days after Lessee receives a written demand for such removal shall be deemed abandoned and
thereupon shall be the sole property of the Lessor.
Leasehold improvements shall include any installation of walls, partitions, doors and windows,
any electrical wiring, panels, conduits, service connections, receptacles or lighting fixtures attached to
walls, partitions, ceilings or floor, all interior finish to floors, walls, doors, windows or ceilings; and all
floor treatments or coverings, other than carpeting, that is affixed to floors; sanitary disposal lines and
sinks, commodes, and garbage disposal units; all heating, air treatment or ventilating distribution systems,
including pipes, ducts, venthoods, air handling units and hot water generators; and all refrigerator rooms
or vaults and refrigerated waste rooms including refrigeration or ventilating equipment included with
same. Any furniture, fixtures, equipment, carpeting and draperies not classified as leasehold
improvements above shall be the personal property of the Concessionaire.
8. Damage and Iniury - Lessee covenants that it and all of its agents, servants, employees,
and independent contractors will use due care and diligence in all of its activities and operations at the
Airport and the Concessionaire hereby agrees to repay or be responsible to Monroe County for all
damages to the property of the County which may be caused by an act or omission on the part of the
Concessionaire, its agents, servants, or employees and except to the extent that such damage to the
property is covered by insurance required to be provided by the Concessionaire under any provision
hereof, or is provided by Monroe County (except subrogation rights of the County's carrier),
Concessionaire shall pay, on behalf of the County, all sums which the County shall become obligated to
pay by reason of the liability, if any, imposed by law upon the County for damages because of bodily
injury, including damages for care and loss of service, including death at any time resulting from bodily
injury and because of injury to/or destruction of property, including the loss or use thereof which may be
caused by or result from any of the activities, omission, or operations of the Concessionaire, its agents,
servants, or employees on the Airport.
9. Other Development of Airport - Monroe County reserves the right to further develop or
improve the landing area of the Airport as its sees fit, regardless of the desires or views of the
Concessionaire, and without interference or hindrance; provided, however, that in no event can the
County deprive the Concessionaire of reasonable and direct routes of ingress and egress to the premises.
10. Terminal Area Planning - Lessee acknowledges that Monroe County has Master Plans
including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the County,
especially in those areas of terminal improvements which may at some time cause relocation of rental car
facilities.
11.
(a)
payable;
(b) to make no alterations, additions or improvements to the demised premises without the
prior written consent of Lessor, which consent shall not be unreasonably withheld;
Lessee's Obligations - Lessee covenants and agrees:
to pay the rent and other charges herein reserved at such times and places as the same are
3
( c) to keep and maintain the demised premises in good condition, order and repair during the
term of this agreement, and to surrender the same upon the expiration of the term in the condition in
which they are required to be kept, reasonable wear and tear and damage by casualty, not caused by
Lessee's negligence, riot and civil commotion, excepted;
(d) to observe and comply with any and all requirements of the constituted public authorities
and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Lessee or
its use of the demised premises, including, but not limited to, rules and regulations promulgated from time
to time by or at the direction of Lessor for administration of the Airport;
( e) to pay all taxes assessed or imposed by any governmental authority upon any building or
other improvements erected or installed on the demised premises during the term of this agreement; and
(f) to control the conduct, manner and appearance of its officers, agents, and employees, and,
in the event of any objection from the Director of Airports concerning the conduct, manner or appearance
of such persons, Concessionaire shall forthwith take steps necessary to remove the cause of the obj ection.
12. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees,
agents, contractors, subcontractors and other representatives shall have the right to enter upon the
demised premises for the following purposes:
(a) to inspect the demised 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; or
(b) to perform essential maintenance, repair, relocation, or removal of existing underground and
overhead wires, pipes, drains, cables and conduits now located on or across the demised premises, and to
construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the
Master Plan of development of the Airport; provided, however, that said work shall in no event disrupt or
unduly interfere with the operations of Lessee, and provided further, that the entire cost of such work,
including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise
modifying any fixed improvements at any time erected or installed in or upon the demised premises by
Lessor, Lessee or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repair
of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor.
13. Indemnification/Hold 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, (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 Lessee or any of its employees, agents, contractors or other invitees
during the term of this lease, (B) 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 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 Lessee). 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.
4
14. General Insurance Requirements - Prior to the commencement of work governed by this
contract (including the pre-staging of personnel and material), the Lessee shall obtain, at his/her own
expense, insurance as specified below. The Lessee will ensure that the insurance obtained will extend
protection to all Contractors engaged by the Lessee.
The Lessee 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.
The Lessee shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may result in the
immediate suspension of all activities conducted by the Lessee and its Contractors until the required
insurance has been reinstated or replaced.
The Lessee shall provide, to the County, as satisfactory evidence of the required insurance, either
a 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 Lessee's insurance shall not be construed as
relieving the Lessee from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
a) General Liability Insurance - Coverage shall be maintained throughout the life of the
contract and include, as a minimum: Premises Operations, Products and Completed Operations, Blanket
Contractual Liability, Personal Injury Liability and 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.
b) Workers' Compensation - 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: $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease,
policy limits, and $1,000,000 Bodily Injury by Disease, each employee.
Coverage shall be maintained throughout the entire term of the contract and shall be provided by a
company or companies authorized to transact business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to
submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Contractor's Excess Insurance Program.
5
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.
c) Vehicle Liability - 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.
d) Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved
by Monroe County Risk Management.
e) Lessee shall carry fire and extended coverage insurance, if obtainable, on all fixed
improvements erected by Lessee on the demised premises to the full insurable value hereof, it being
understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that
amount for which a prudent owner in like circumstances would insure similar property, but in no event an
amount in excess of Lessee's original cost of constructing said fixed improvements.
15. Non-Discrimination - Lessee shall furnish all services authorized under this agreement on
a fair, equal and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and
non-discriminatory prices for all items and services which it is permitted to sell or render under this
agreement. Franchisee shall not discriminate in its employment practices against any person on the basis
of race, sex, creed, color, national origin, age or any other characteristic or aspect which is not j ob related.
Lessee agrees 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. Lessee agrees to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC sS.1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
16. Rules and Regulations - Lessee agrees to observe and obey, during the term of this
agreement, all laws, ordinances, rules and regulations, as the same may be amended from time to time,
6
promulgated and enforced by the County and by any other proper authority having jurisdiction over the
conduct of the operations at the Airport. Within thirty (30) days from the date of this contract, the County
shall provide Lessee a written list of all rules and regulations which it has promulgated up until that time
and which will effect the Lessee's operations hereunder. In the event new rules and regulations are
contemplated, written notice of same shall be furnished to Lessee, and Lessee will be given thirty (30)
days to comply. In the event that Lessee should determine that any contemplated rule or regulation
unreasonably hinders him in his operation under this agreement, the Lessee shall so notify the County,
and the parties hereto agree that any problem arising incidental thereto will, as much as possible, be
worked out between the parties without the necessity to resort to further legal remedies.
17. Furnishing of Service - The Lessee further covenants and agrees that he will, at all times
during the continuance of the term hereby demised and any renewal or extension thereof, conduct,
operate, and maintain for the benefit of the public, the rental car concession provided for and described
herein, and all aspects and parts and services thereof as herein defined and set forth, and will make all
such facilities and services available to the public and that he will devote his best efforts for the
accomplishment of such purposes.
18. United States' Requirements - This lease shall be subject and subordinate to the provisions
of any existing or future agreement between the Lessor and the United States relative to the operation or
maintenance of the Airport, and execution of which has been or may be required by the provision of the
Federal Airport Act of 1946, as amended, or any future act affecting the operation or maintenance of the
Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause
any such agreement to include provisions protecting and preserving the rights of Lessee in and to the
demised premises and improvements thereon, and to compensation for the taking thereof, and payment
for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor
or the United States pursuant thereto.
19. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby, that it has lawful posseSSIOn
thereof, and has good and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee may have, hold and enjoy peaceful and uninterrupted
possession of the premises and rights herein leased and granted, subject to performance by Lessor of its
obligations herein.
20. Cancellation bv Lessor - If any of the following events occur, the Lessee shall be deemed
to be in deault of its obligations under the agreement, in which case Monroe County shall give the Lessee
notice in writing to cure such default within thirty (30) days, or the concession will be automatically
canceled at the end of that time and such cancellation will be without forfeiture, waiver, or release of the
County's right to any such of money due pursuant to this agreement for the full term hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors, or file a voluntary
petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its
indebtedness under the Federal Bankruptcy Laws or any other similar law or statute of the United States
or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or
substantially all of the property of Lessee;
(b) if any order or decree of a court of competent jurisdiction, Lessee shall be adjudged bankrupt,
or an order shall be made approving a petition seeking its reorganization, or the readjustment of its
indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state,
territory, or possession thereof or under the law of any other state, nation, or government, provided, that if
7
such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of
cancellation given shall be and become void and of no effect;
(c) ifby or pursuant to any order or decree of any court or governmental authority, board, agency
or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or
substantially all of the property of Lessee for the benefit of creditors, provided, that if such order or
decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in
which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and will
become null, void and of no effect;
(d) if Lessee fails to pay the rental charges or other money payments required by this instrument
and such failure shall not be remedied within thirty (30) days following receipt by Lessee of written
demand from Lessor to do so;
( e) if Lessee defaults in fulfilling any of the terms, covenants, or conditions required of it
hereunder and fails to remedy said default within thirty (30) days following receipt by Lessee of written
demand from Lessor to do so, or if, by reason of the nature of such default, the same cannot be remedied
within thirty (30) days following receipt by Lessee of written demand from Lessor to do so, then, if
Lessee
shall have failed to commence the remedying of such default within thirty (30) days following such
written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof;
(f) if the Lessee shall desert or abandon the premises for seven (7)consecutive calendar davs;
(g) if the concession or the estate of the Lessee hereunder shall be transferred, subleased, or
assigned in any manner except in the manner as herein permitted;
(h) if the Lessee shall fail to pay any validlv imposed tax; assessments; utility rent, rate or charge;
or other governmental imposition; or any other charge or lien against the premises leased hereunder
within any grace period allowed by law, or by the governmental authority imposing the same, during
which payment is permitted without penalty or interest (In complying with this subparagraph the Lessee
does not waive his right to protest such tax, assessment, rent, rate or charge); or
(i) if the Lessee fails to provide service as required by specifications for five days during any
thirty day period, unless such failure is caused by an act of God, national emergency or a labor strike of
which the Lessee has given the County immediate notice, the concession may be canceled within thirty
(30) days of the giving of notice by the County and the Lessee shall not be permitted to cure such default.
21. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of
the agreements, terms, covenants and conditions hereof, the County shall have the right of injunction to
restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies,
indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County
are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall
be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of
monies by Monroe County from Lessee after the cancellation or termination hereof shall reinstate,
continue or extend the term, or affect any notice previously given to Lessee, or operate as a waiver of the
right of the County to enforce the payment of rentals and other charges then due or thereafter falling due,
or operate as a waiver of the right of the County to recover possession of the premises by suit or
otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after
the commencement of any proceeding, or after a final order for possession of the premises, the County
may demand and collect any monies due, or thereafter falling due, without in any manner affecting such
notice, proceeding, or order; and any and all such monies and occupation of the premises, or at the
election of the County on account of Lessee's liability hereunder. The parties agree that any litigation
arising out of the agreement shall be brought in Monroe County, Florida, and determined under the laws
of the State of Florida. The prevailing party shall pay any reasonable attorney's fees incurred by the other
party in the event of litigation. Lessee shall pay any reasonable attorney's fees incurred by the County in
8
the enforcement of the agreement other than through litigation, including but not limited to all costs and
attorney's fees in collecting, bankruptcy or reorganization proceedings, or appeal of any such matter.
22. Cancellation by Lessee - Lessee shall have the right upon written notice to Lessor, to
cancel this agreement in its entirety upon or after the happening of one or more of the following events, if
said event or events is then continuing:
(a) the issuance by any court of apparent competent jurisdiction of an injunction, order, or decree
preventing or restraining the use by Lessee of all or any substantial part of the demised premises or
preventing or restraining the use of the Airport for usual airport purposes in its entirety, or the use of any
part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport,
which remains in force unvacated or unstayed for a period of at least one hundred twenty (120) days;
(b) the default of Lessor in the performance of any of the terms, covenants or conditions required
of it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days
following receipt of written demand from Lessee to do so, except that if by reason of the nature of such
default, the same cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if
Lessor shall have failed to commence to remedy such default within said thirty (30) days following
receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence
the curing thereof;
( c) the inability of Lessee to conduct its business at the Airport in substantially the same manner
and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i)
any law, (ii) any rule, order, judgment, decree, regulation, or other action or non-action of any
Governmental authority, board, agency or officer having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised premises are totally destroyed or so
extensively damaged that it would be impracticable or uneconomical to restore the same to their previous
condition as to which Lessee is the sole judge. In any such case, the proceeds of insurance, if any,
payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the
same proportion of such proceeds as the then expired portion of the lease term bears to the full term
hereby granted, and Lessee receiving the balance thereof. If the damage results from an insurable cause
and is only partial and such that the said fixed improvements can be restored to their prior condition
within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be
entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which
event this agreement shall not be canceled but shall continue in full force and effect, and in such case any
excess thereof shall belong to Lessee;
(e) in the event of destruction of all or a material portion of the Airport or the Airport facilities or
in the event that any agency or instrumentality of the United States Government, or any state or local
government occupies the Airport or a substantial part thereof, or in the event of military mobilization or
public emergency wherein there is a curtailment, either by executive decree or legislative action, of
normal civilian traffic at the Airport or the use of motor vehicles or airplanes by the general public, or a
limitation of the supply of automobiles or of automobile fuel, supplies, or parts for general public use, and
any of said events results in material interference with Lessee's normal business operations or substantial
diminution of Lessee's gross revenue from its automobile rental concession at the Airport, continuing for
a period in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the term of this agreement, Lessee's presently
existing right to operate an automobile rental concession at the Airport is withdrawn, canceled,
terminated, or not renewed by Lessor;
(g) the taking of the whole or any part of the demised premises by the exercise of any right of
condemnation or eminent domain;
(h) if at any time during the basic term or option term of this lease a majority of the scheduled air
transportation serving the local area no longer operates from the Airport; or
9
(i) if at any time during the basic term hereof or the option periods, the Airport or terminal
building is removed to a place more than three (3) road miles in distance from its present location.
G) if at any time Lessee desires to terminate the lease without cause, and provides thirty (30)
days prior written notice to the County, and pays two (2) month's rent and 10% of the equivalent of two
(2) month's gross revenues; or if Lessee desires to terminate the lease without cause and provides no
notice or less than thirty (30) day's written notice, and pays three (3) month's rent and 10% of the
equivalent of three (3) month's gross revenues. For purposes of this paragraph, gross revenues shall be
based on the immediately preceding two months or three months, respectively, depending upon whether
thirty days notice is given.
23. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or restrict in
any way such lawful rights as Lessee may have now or in the future to maintain claims against the
federal, state, or municipal government, or any department or agency thereof, or against any interstate
body, commission or authority, or other public or private body exercising governmental powers, for
damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a
substantial part of the demised premises, including fixed improvements thereon, or of all or a material
part of the Airport with adverse effects upon Lessee's use and enj oyment of the demised premises for the
purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in maintenance of any
just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby
by Lessee.
24. Assignment and Subletting - It is expressly agreed and understood that any and all
obligations of Lessee hereunder may be fulfilled or discharged either by Lessee or by a Licensed member
of Enterprise Rent-a-Car, duly appointed thereto by Enterprise Rent-a-Car, and that any and all privileges
of every kind granted Lessee hereunder extends to any Licensee so appointed; provided, however, that
notwithstanding the method of operation employed by Lessee hereunder any appointed Lessee always
shall continue to remain directly liable to Lessor for the performance of all terms and conditions of this
lease. Except hereinabove set out, the premises may not be sublet, in whole or in part, and Lessee shall
not assign this agreement without prior written consent of Lessor, nor permit any transfer by operation of
law of Lessee's interest created hereby, other than by merger or consolidation.
25. Other Use - Lessee shall not use or permit the use of the demised premises or any part
thereof for any purpose or use other than an authorized by this agreement.
26. Liens - Lessee shall cause to be removed any and all liens of any nature arising out of or
because of any construction performed by Lessee or any of its contractors or subcontractors upon the
demised premises or arising out of or because of the performance of any work or labor upon or the
furnishing of any materials for use at said premises, by or at the direction of Lessee.
27. Time - In computing Lessee's term within which to commence construction of any fixed
improvements or to cure any default as required by this Lease, there shall be excluded all delays due to
strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any
municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or
other causes beyond Lessee's control.
28. Paragraph Headings - Paragraph headings herein are intended only to assist in reading
identification and are not in limitation or enlargement of the content of any paragraph.
10
29. Notices - Any notice of other communication from either party to the other pursuant to this
agreement is sufficiently given or communicated if sent by registered mail, with proper postage and
registration fees prepaid, addressed to the party for whom intended, at the following addresses:
F or Lessor:
County Administrator
1100 Simonton Street
Key West, FL 33040
And
Monroe County Attorneys Office
1111 1ih St
Key West, Fl. 33040
For Lessee:
Enterprise Leasing Company of Florida, LLC
11945 SW 140th Terrace
Miami, FL 33186
or to such other address as the party being given such notice shall from time to time designate to the other
by notice given in accordance herewith.
30. The County hereby agrees not to enter into any automobile rental concession agreement
with any person, partnership, or corporation other than the Concessionaire unless the same shall be upon
terms no more favorable than those herein granted to the Concessionaire, and shall require automobile
rental services substantially equivalent to those available from automobile rental concessionaires upon
airports of comparable size throughout the United States. Nothing herein contained shall limit the County
from making such reasonable distinctions between the automobile rental concessionaires with respect to
the assignment or allocation of rental counter space and parking areas as may appear to it to be justified
by the differing operational requirements of the respective rental car concessionaires by reason of the
differing amounts of Airport automobile rental business done by each of the respective concessionaires.
31. 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 Lessor and Lessee agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
32. 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.
33. 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.
34. Adiudication of Disputes or Disagreements. County and Concessionaire 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
11
shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida
law.
35. 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
Concessionaire 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.
36. 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.
37. No SolicitationlPayment. The County and Concessionaire 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 Concessionaire 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.
38. Public Access. The County and Concessionaire 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
Concessionaire in conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by Concessionaire.
39. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Concessionaire 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.
40. 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.
41. 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
12
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.
42. 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 the Concessionaire
agree that neither the County nor the Concessionaire 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.
43. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
44. 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.
45. Mutual Review. This agreement has been carefully reviewed by the Concessionaire and
the County, therefore this agreement is not to be construed against either party on the basis of authorship.
46. Lessor's Reserved Rights. Notwithstanding anything herein contained that may be, or
appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this
agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another
Lessee or other Lessees on other parts of the Airport.
13
05/03/2010 13 54 FAX 854 488 1488
ENTERPRISE RENT-A-CAR
IilJ 002/005
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
respective officer or representative thereunto duly authorized, the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By
By
Deputy Clerk
Mayor/Chairman
Witness
ENTERPRISE LEASING COMPANY OF
FLOR'f};:.-t
By
Title V pI rrm
f
14
05/03/2010 13 54 FAX 854 486 1466
ENTERPRISE RENT-A-CAR
I4J 003/005
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~ftt..s.~ LS\5\t-J c--.., (fjyv.p~'1 C;J f t LOR.., DA U- C-
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution. dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace. the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
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 waugh implementation of this
section.
As the person authorized to sign the statement, I certifY that this finn complies fully with the above
requirements. ~ ~
Bidder's Signatre
's ~ I, 0
Date
OMB - MCP#5
15
05/03/2010 13 55 FAX 95a ass lass
E~TERPRISE RENT-A-CAR
I4l 004/005
lOBBYING AND CONFLICT Of INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010.1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~('~~ lfC~D ~ J ;::L...l~arrants that he/it has not employed, refained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. J 0- J 990 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 discrefion.
deduct from the contract or purchase price. or otherwise recover. the full amount of any fee.
commission, percentage. gift. or consideration paid to the former County officer or employee.
~~
Date:
(signarJre)
313 110
STATE OF Y t .c Q.lD A
COUNTY OF ~ lJ~'1 m'I - t:t\.~
PERSONALLY APPEARED BEFORE ME. the undersigned authority.
_{)..l~~ l~', r-J who. after first being sworn by me. affixed his/her
signature (name of individual signing) in the space provided above on this .3 day of
~ Q,QA\
\
, 20-.-1Q.
My commission expires: ~- ) S - \ S
OMB - Mep FORM #4
~ NOl8ry Public S\Dl8 01 Flo"lIl
~ OaMI M 1Iec.a
. <-- ;vi' My Commlplon D093650~
~ . Expire- 12/1512013
0,
16
05/03/2010 13 55 FAX 954 488 1488
ENTERPRISE RENT-A-CAR
flJ 005/005
PllOLIC ENTITY CHIME STATEMENT
"A person or affiliate who hag 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."
~ptti-LL8J:i~~ C~ rl f(pf'.~ lLc..
I have read the above and state that neither (Respondent's name) nor any
Affiliate has been placed on the convicted ver~~:::.:lOnths.
(Signature)
Date:
s LJ (Q
STATE Of:
rlD~ ft)(\
COUNTY OF: r1\ \!\ff) I - ~~
Subscribe and swam to (or affirmed) before me on 03 I r..2 110
\PtlA,j L~'Jiu (~
by ~f. r1+\ II UQ,U if; (name of affiant). He/She is
personally known to me or has ~roduced bQ.Y'>JflL L. \~~AJ~
~(tYP of identification)
as identification. ~ ~b
NOTAR iiliirc )
My Commission Expires: IJ -/5- f 3
~ ~ NOIary PutlllC Slalll of Floflda
R ~ . Donnll M LJIIC8
~ c..: I My Comml.,ion 00931160~
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division: Airports
Bulk Item: Yes ~ No
Department: Florida Keys Marathon Airport
Staff Contact Person/Phone #: Reggie Paros 289-6060
AGENDA ITEM WORDING: A ward of bid and approval of contract for Janitorial Services at the
Florida Keys Marathon Airport to Jayne's Cleaning Service, Inc., in the amount of $27,600 annually.
ITEM BACKGROUND: Sealed Bids for Janitorial Services at the Florida Keys Marathon Airport
were opened at the Purchasing Office on April 27, 2010. There were six (6) respondents to the Notice
of Calling for Bids; a tabulation sheet of those bids is attached hereto. Jayne's Cleaning Service, Inc. is
the lowest responsible conforming bidder. We are requesting approval of the attached Cleaning
Contract with Jayne's Cleaning Service, Inc., effective June 1,2010.
PREVIOUS RELEVANT BOCC ACTION: On March 17, 2010, the BOCC approved the
advertisement of an RFP/RFB for Janitorial Services at the airp0l1.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $27,600 Annually INDIRECT COST: None BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE: N/ A
COST TO COUNTY: $27,600 Annually SOURCE OF FUNDS: Airport Operating Budget
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
Year
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
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Ma~ 04 10 04:0Sp
MONROE COUNTY BOARD OF COill 1" r COMMISSIONERS
_I~'U
CONTRACT SUMM \~ Y
Contrac:t #
Contract with: Jayne's Cleaning Service. Effel~tive C iltc : lJpon BOCC approval
Inc.
Expiration )a .e: 2 VIS, with oDtion to renew
Contract PurposeIDescription: Cleaning Contract" to ~r( :~~ Ie ianitori.al services at the Florida
Keys Marathon AiIport
Contract Manager: Reggie PJU"OS
(Name)
6090
(Ext. )
Marathon AiroortlStoD 15
(Department)
A en~ ~L ne: May 4, 2010
~IQI'"
CONTRACT COST :;
Total Dollar Vlllue of Contract: $27.600 per year Curret t ' 'ear Portion: $ 11.500
Budgeted? Yesl8l No 0 Account Codes: .fj3501.~ 1~ 340-__
Grant: __-_..__-_-_-_
County Match: __._....__-_.._-_
- - .. -
---,...._-----
ADDITIONAL COS1 S
Estimated Ongoing Costs: $_/yr For: __
Not included in dollar value above e . maintenan, ~, Itilities,janitoriaJ. salaries, etc.
-j~''''
__1!'f11. """""'"
CONTRACT REVIE'.1
Changes (": '~',
Date InD Needed ~ ,.". ~
Division Director ~I VesO N .;;J!,~ ?C..--
O.M.BJPurchasing '-1-30 -10 YesD N~ '_
County:Wmey \-~ V 050 N~ h "'- '.f1.
conunents:~ ~tO. ~?1(1Dl~
~[} ~.
Date Out
~--4'-(D
5-t{~(2J
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'6
-.-
FLORIDA KEYS MARATHON AIRPORT
CLEANING CONTRACT
THIS AGREEMENT, made and entered into this _day of
between MONROE COUNTY, FLORIDA ("Owner"), and
("Contractor")
,2010 AD., by and
Jayne's Cleaning Service, Inc.,
WITNESSETH:
WHEREAS, the parties hereto, for the consideration hereinafter set forth, mutually agree as
follows:
1.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists of
the contract documents.
1.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the RFP, and any addenda issued hereafter, any
other amendments hereto executed by the parties hereafter, together with the bid proposal and all
required insurance documentation.
2.0 SCOPE OF THE WORK
The Contractor shall provide janitorial services as specified in Exhibit A
CONTRACTOR'S RESPONSIBILITIES:
A Supervision and Personnel
The Contractor shall supervise and direct the work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the work in
accordance with the contract documents.
B. Parts, Materials, and Equipment
It is expected that the Contract will be for labor, equipment and materials; the Contractor shall
provide all waxes and cleaning material as needed to complete the assigned duties. The Owner
shall provide all paper towels, trash bags, hand soap for dispensers, air fresheners and toilet paper
for restrooms.
C. Records
The Contractor shall record maintenance activities in a maintenance log, which shall contain all
pertinent information.
D. Other Suppliers
The Contractor shall not employ any supplier or other person or organization whether initially
or as a substitute, against whom the Owner may have reasonable objection. The contractor shall
not be required to employ any supplier or other person or organization to furnish or perform any
of the work against whom the Contractor has reasonable objection.
1
The Contractor shall be fully responsible to the Owner for all acts and omissions of the suppliers
and other persons and organizations performing or furnishing any of the work under a direct or
indirect contract with the Contractor just as the Contractor is responsible for the Contractor's own
acts and omissions. Nothing in the contract documents shall create any contractual relationship
between the Owner and any such supplier or other person or organization, nor shall it create any
obligation on the part of the Owner to payor to see to the payment of any monies due any such
supplier or other person or organization except as may otherwise by required by laws and
regulations.
E. Laws and Regulations
The Contractor shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the work. Except where otherwise expressly required by applicable
laws and regulations, the Owner shall not be responsible for monitoring the Contractor's
compliance with any laws or regulations.
F. Taxes
The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the
Contractor in accordance with the laws and regulations of the place of the project which are
applicable during the performance of the work.
G. Safety and Protection
The Contractor shall be responsible for initiating, maintaInIng, and supervISIng all safety
precautions and programs in connection with the work. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury,
or loss to:
All employees on the work site and other persons and organizations who may be affected thereby;
All the work and materials and equipment to be incorporated therein, whether in storage on or off
the site; and
Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and underground facilities.
The Contractor shall comply with all applicable laws and regulations of any public body having
jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss.
3.0 THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said service on a per month
in arrears basis on or before the 30th day of the following month in each of twelve (12) months.
The Contractor shall invoice the County monthly for services rendered in accordance with Exhibit
A. The Contract amount shall be calculated by the Contractor's proposal as follows: $2,300 per
month; $27,600 per year.
4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. 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.
2
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 services. Failure on the part of the Contractor,
immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and
recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in
any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to
the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and with the specifications.
5.0 TERM OF CONTRACT/RENEW AL
A. This contract shall be for a period of two (2) years, commencing June 1, 2010 and terminating
May 31, 2012.
B. The County shall have the option to renew this agreement after the first two year period for an
additional two (2) year period. The Contract amount agreed to herein may be adjusted annually in
accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-
U) for the preceding calendar year.
6.0 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned
by the negligence, errors, or other wrongful acts or omissions of the Contractor or its
Subcontractors in any tier, their employees, or agents.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
7.0 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent contractor
and not an employee of the Board of County Commissioners for Monroe County. No statement
contained in this agreement shall be construed so as to find the contractor or any of his/her
employees, contractors, servants, or agents to be employees of the Board of County Commissioners
for Monroe County.
3
8.0 ASSURANCE AGAINST 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 VII 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) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 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.
9.0 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any obligation upon the board in addition to the total agreed-upon price of the
services/goods of the contractor.
10.0 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by all
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to 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.
4
11.0 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the following minimum coverage:
Worker's Compensation in the amount of statutory limits
Vehicle Liability - $100,000 combined single limit
General Liability - $300,000 combined single limit
Employee Dishonesty - $10,000.
12.0 FUNDING AVAILABILITY
In the event that funds from Airports Contractual Services are partially reduced or cannot be
obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods
specified herein, this agreement may then be terminated immediately at the option of the Board of
County Commissioners by written notice of termination delivered in person or by mail to the
contractor. The Board shall not be obligated to pay for any services provided by the contractor
after the contractor has received written notice of termination.
13.0 PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the activities
encompassed by the project herein described, subject to the terms and conditions set forth in these
contract documents The provider shall at all times exercise independent, professional judgment
and shall assume professional responsibility for the services to be provided. Continued funding by
the Owner is contingent upon retention of appropriate local, state, and/or federal certification
and/or licensure of contractor.
14.0 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:
Airport Manager
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 200
Marathon, FL 33050
FOR CONTRACTOR:
Jayne's Cleaning Service, Inc.
P.O. Box 431439
Big Pine Key, FL 33043
15.0 CANCELLATION
The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause
shall constitute a breach of the obligations of the Contractor to perform the services enumerated as
the Contractor's obligations under this contract.
Either of the parties hereto may cancel this agreement without cause by giving the other party sixty
(60) days written notice of its intention to do so.
5
16.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida. This
agreement is not subject to arbitration.
a) 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.
b) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, 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.
c) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at 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.
d) 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.
17.0 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners.
6
18.0 RECORDS.
Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
19.0 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.
20.0 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.
21.0 COVENANT OF NO INTEREST.
County and Contractor covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this Agreement,
and that only interest of each is to perform and receive benefits as recited in this Agreement.
22.0 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.
23.0 NO SOLICITATIONIPAYMENT.
The County and Contractor warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the Contractor agrees that the County
shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
7
24.0 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.
25.0 NON-WAIVER OF 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.
26.0 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.
27.0 LEGAL OBLIGATIONS AND RESPONSIBILITIES:
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance maybe 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.
28.0 NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the County and the Contractor agree that
neither the County nor the Contractor or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
29.0 ATTESTATIONS.
Contractor agrees to execute such documents as the County may reasonably require, to include a
Public Entity Crime Statement, an Ethics Statement, and Drug-Free Workplace Statement.
8
30.0 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.
31.0 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.
32,0 SECTION HEADINGS.
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement and will
not be used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
(SEAL)
Attest:
CONTRACTOR
By:
By:
Witness Signature
Contractor Signature
Print Name
Print Name
Title:
SECTION TWO
BID SPECIFICATIONS
(EXHIBIT A)
JANITORIAL SERVICES AT FLORIDA KEYS MARATHON AIRPORT
With reference to the Florida Keys Marathon Airport, 9400 Overseas Highway,
Marathon, Florida 33050, provide janitorial services for the entire terminal building inside, and
under the canopies outside, as follows. In regards to the terminal building, floors directly behind
the airline and rental car counters are included, hallways and offices behind the airline counters
are included, with the exception of leased offices. A daily log shall be completed and available
upon request.
It is expected that the Contract will be for labor, equipment and materials; the Contractor
shall provide cleaning equipment, including floor buffer, and materials as needed to complete the
assigned duties. The Airport shall provide all paper towels, hand soap for dispensers, trash bags,
toilet paper and air fresheners for restrooms.
DAILY INSIDE
1. Clean first and second floor restrooms daily before opening hours. Restroom sanitation
shall include the following, to be performed on a daily basis:
a. All floors shall be swept, loose dirt removed.
b. Wet mop and disinfect floors.
c. Stall partitions shall be damp cleaned.
d. All commodes, urinals, basins and vanities shall be scoured and disinfected.
e. All urinal traps shall be cleaned and disinfected.
f. All sanitary napkin receptacles shall be cleaned, waste disposed, and disinfected.
g. All supplies shall be replaced (paper goods, soap, air fresheners, etc.)
h. All other work necessary to maintain a clean and sanitary condition in these restrooms
shall be performed, whether noted in these specifications or not.
2. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water
fountains are to be polished periodically.
3. General cleaning shall be performed and should include the following:
a. All terrazzo floors shall be swept daily with a dry mop to ensure loose dirt is removed.
b. Dust and spot clean furniture and furnishings, i.e. dispensers in restrooms, file
cabinets, desks, computers, corners of walls for cobwebs, windowsills, etc.
c. Dust art work on walls.
d. Check and clean all glass doors.
e. Empty, and clean as necessary, all trash cans (1st floor and manager's office) and
remove all trash immediately to the dumpster.
f. Pick up trash, periodicals and other debris inside terminal building.
g. Spot clean floor smudges as necessary.
h. Wipe clean and vacuum lounge furniture.
i. Wipe walls as needed.
10
DAILY OUTSIDE
1. Empty and clean all trash cans and remove all trash to dumpster.
2. Empty ash stands.
3. Pick up debris on walk-way in front of Airport; clean/wash as appropriate to remove
any spills, bugs, chewing gum, etc.
4. Use leaf blower on walkways and curbs in front of terminal daily.
5. Wipe off benches, mailboxes, courier box, etc.
WEEKLY INSIDE
1. Terrazzo floors to be wet mopped and maintained in accordance with Terrazzo
Maintenance Manual.
2. Security office, hallways/offices behind airline ticketing counters (with the exception
ofleased spaces) shall be cleaned and wet mopped.
3. Vacuum all carpets, mats and air vents; the carpeting shall be vacuumed with a
powerful HEP A vacuum.
4. Check and clean the departure lounge and remove all trash and debris.
5. Wipe off and polish wood benches and handrails.
6. Dust and vacuum upholstered chair cushions and lounge seats on first floor.
7. Dust and clean advertising brochure racks, mounted fish, display cases, etc.
8. Clean and sanitize pay telephone in lobby.
9. Clean, dust and use wet mop on floor in elevator.
10. Dust and clean all window sills on 1 st and 2nd floors.
11. Dust and vacuum upholstered furniture in manager's office suite.
12. Wipe low ledges, sills, rails, tables, shelving, baseboards, etc. with a damp cloth to
reduce the amount of dust in the building.
WEEKLY OUTSIDE
1. Sweep and hose down walkways and curbs in front of terminal.
2. Wash 1 st floor glass at front two entry doors, and at both departure gates.
MONTHLY
1. Buff terrazzo floors, using appropriate equipment.
2. Wash all 1st floor and 2nd floor glass windows and doors inside and out.
OTHER
1. Maintain inventories of supplies and paper products. Coordinate ordering with
airport manager's office.
2. Shampoo 2nd floor carpets and stairway as needed.
3. Water indoor plants weekly and oversee their care, as directed.
SPECIAL EVENTS
Monitor and clean-up as needed before and after Airport Terminal special events.
11
BID FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
BID FROM: _:J ~Cuf-A..J~'.s t..lcJ")f1..!j~!l..) (, r:;'~~LJ-;vL.
J)Q~'/.;'7 I
J~/~~I-L~~~,' J3C''f3
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BID PRICE: $ ~"_....;;<-2C! ~-___ per Month I $ 8 ~ ~('~O _ per Year
ADDITIONAL PRICE REQUESTED FOR OPTION 1:
OPTION 1: In the event scheduled commercial airline service is reestablished, the first
floor restrooms would require one additional cleaning/stocking each day. Please provide
the cost to clean the two (2) first floor restrooms a second time; scheduled time required for
the second cleaning would be determined by the flight schedule.
OPTION 1: $;;: ~:<''! each additional cleaning of (2) first floor restrooms per day
The undersigned, having carefully examined the work, specifications, proposal, and addenda
thereto and other Contract Documents for the services of: JANITORIAL SERVICES AT
FLORIDA KEYS MARATHON AIRPORT
The Contractor, in submitting the foregoing bid, agrees to comply with all contract specification
documents.
I acknowledge receipt of Addenda No, (s) / <I- _,,~
(Check mark (~) items below, as a reminder that they are included.)
Signed:
I have inclucj.ed the Bid Proposal, which includes: the Bid Form. \.-_; the Non-Collusion
Affidavit .L; the Lobbying and Conflict of Interest Clause -v--; the Drug Free Workplace
Form ~ and Local Preference Form (if applic;;lble). In addition, I have included a current
copy of Monroe County Occupational License U~, Insurance Agents Statement_~~, and all
requirements as stated in Section One, Article 1.05 Paragraphs A through D ~~
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fi'/ It '/::: <.....J ( Ir.--/", V'.) ~'G'.~0- (', <. ).>1_--' F ..Iii...z'/ t.l.! ,-'J~)
I (Print Name)-, (Title) /
Mailing Address:-------"~.~;,--J ,j ':\.-- "/ ") / Telephone.' J'+ ~-..'- '..-.';',i.i;; '2J~'
t~,- It" ,1 ~ ./I._~~ .:L:. L.<":X /_'~ Fax: 'if!i 8' x:;< 0 () '-:'3 ?
. " Date: .1.-/;.,' /" . ;.," ...., _ (;
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NON-COLLUSION AFFIDAVIT
-J' /--, A' j-'I-}
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of the city
of "- / /T i. F
:>oI!C//-/ (t'y /~2,
,
according to law on my oath. and under
peMlty of perjury. depose and say that;
-f:
1) I am 0 (U.lV [~e ,..'J ,r \ j r-J'IA./f ',5 ( /[ J1I-J~the bidder making the
l..-I r
Proposal for the project described as follows:
_( l. 12- VI ( E 511..L' 1< (.' ,4~ I () A' /f{lv S I?; /?;f 14 1/-(' t ,-<< 11~ !<-/Jc If ~--
I
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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 reqyired by low. the prices which hove 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:
5) The statements contained in this affidavit are true and correct, and made with full
knowled~ that Monroe County relies upon the troth of the statements contained in this affidavit in
awarding contracts for said project.
,
STATE Of //J.. L- t<- I CC)
COUNTY Of " yy~~
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DATE
PERSONALLY APPEARED BEFORE ME. the undersigned authority.
, "\ I
(name of individual
.2010.
-f\ \ ':: \ . I_~ i t.t~illLJ ;
'NOTARY PUBLIC r
My commission expires:
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OMB - MCP FORM #1
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'"';:;.,:,<, ~:/> "XVjp.1T/Y -"-9'1 ~KforrJ ~:':'l.V As".,
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE ~- ~ ~/"--'
'.-- r'J' J.L:>/{>t.-' .,tl, . "
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warrants that helit has not employed, retained
or otherwise had act on his/its behalf any tarmer County otIicer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County otliccr 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 contmct or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or considemtion paid to the former County officer or employee.
--==-tL!,2'4_/XlA..L.~L14--~{) )~
r I ' (flqature)C
D~~: (, pV-<---'~.;~ (0, Ck)/U
STATE OF ~iMLdu...
COUNTY OF (1,~,~t1-1 v.-{_____
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
,~J.t.L\J1L~~- who, after first being sworn by me, affixed his/her
signature (name of inMvidual signing) i~ the space provided above on this. ,~)l/tl~ay of
---Lfr I I _,2010.
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NOT.f\"'-PUBLIC '....,'
My c-d~mission expires: '-r i () ! i .~ ( / )._
-
-
-
· "'~m'<'~~'~t;;;.o;. .. JOLENE MAHARAJ .
· ~." . ':, N:Y'.1'i Pl...ijlc-SToIe d F~
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· ~~ - . .i'"/ :'YJTn. &p!rss JcJ115 2012
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~ -,-:(,,,, Jt':~.,' '- "'In SSron # 00 ? 4 9158
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OMB - MCP FORM #4
29
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
------
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(Name of Business)
,'~ E_A._i// C_ ( 7 ~ , t'
l ;.;" LV__...-/'--r
,_ Publish a statement notifying employees that the unlawful manufacture, distribution, dispel}Sing, 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 (J).
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 gui Ity or nolo contendere to, imy 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
ifsuch 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.
.' 7,'
COUNTY OF ,'/}- /' .-';....-Yt/?_.?o..--f'_
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Date
STATE OF
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,
'j(\~C_L -lL CL.Jf1iibLL who, after first being sworn by me, (name of
individ - sIgmng) affi~ hIs/her sIgnature in the space provide .
. . \ ~A':~~'~~~II
'_ \1" . -\ \ \ d f' \ \), I i, /f'.- 'l\:<~ ti~~~~Erj: MAHARAJ
-_~~_~ ayo _!~~-t- _-'-_ .2otJf'. ~'. ~\):'~~"vc;rn.i::i',_-Stqt('cJF'o1cb
, -:,.~.",;} ----rn. E<{:'i>:': J_T) 15. 201~
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\S-LJ.... 'I; .'LL i!.U" My commission expires:"r.rr~",,",r-"_":'''-'r,.1.
;NOTARYPUBLK!
LOCNL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinallc~' 023-2009 must complete this form.
/.--~'
Name of Biddcr/Responde~ - : :~ c, ' . t " ,'!.J~"_?i' '(, , ,c,.i ;1'1(( Date:
_..l:f '7'''''..... ..-
.'
.~-.~ '" ) .!;; ~ ..~..t -/r
I, Docs the vendor have a valid receipt for the business tax paid)<> the Monroc County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? V _, ' (Please furnish copy. )
2, Does the vendor havc a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County'J _ Cj,E' 5
List Address: 2.5,3 /j tic /1'0~~, I:\J L ,) I L ,.{ "; C' ~,r II A- 6<-/1',/2 3 3 ~?j
Telephone NumberUC S ...') 'l:L 3, . /;;... 50 /
B. Does the vendor/prime contractor intend to subcontract 50% or more of the gooJs, services or construction to
local businesses meeting the criteria above as to licensing and location? (/ LS
/
I f yes, p lease provide:
I. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least
one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe ('uunty from which the subcontractor operates:
/' )., /, C l ~ ') 3
::'2 /f? {{ L<) /':'.1tC ,m ~ roOf, L Tel. Number 30:5j _;:2)' if 3~ 0
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- "t'-ru." ~d;,',".L~?:11jl-.o f~ -// I i'J 5 ~
~i I;n;fc and Ti(le\,of Au~orized Signatory (or
~i, der/Responde~,1 '
P. N -I',)"~ ~. ----I I'" /c ,/("t('l1j
nnt ame:'-_:.t: _y.A..J I;: <......1 '..-:!<- '., L/"- .J L.Ji .
STAn: OF l~~o f,l./ () rl
COUNTY OF _ffJ(, v!2 (,_( _
-"\,Do . !hi! ~;~ty Of'\- Jl ,I., 20 I Q. bofo" me. the "od,,,ign,d .00"'1' pub Ii" ",,,oo,lIy ,,,,",,d
..K.J,\-tU- J 'f..l.tJ 1 ' known to me to be the person whose name IS subscnbed above or who produced
fLD! '_ __ .as identification, and acknowledged that he/she is the person who executed the above
. ,\al, Pt:eference ~or~l/or t~<: purpo,ses ther~in contained.
L "I , I.. I ' , '/" " ,...;..i,;~'::t... JOLENE MAHARAJ
'''''11.):''11,-4.ry-~~PU{bl.JI'~C: ~- ~ ~ "..: V.L I,' '1_ ,l" /~)~ ~~~ Nauy P\..t:;/Ic-Stoted Fla100
" ;'~: : 'jMf,'Ccrmr>. E:"):iresJalI5, 2012
" --. ! t ' . -;':J~ ""~;" CommissIon # DO 7 49' 58
- I. ~ l '" . 'IJ 0,: r .....'J,...
, , '_' CI-Ll IC- _ ,. \hdu' / """".- &>rded11\u4'N'J!"O"d,'d~Aw1.
Print Name I
My commission expires:_' ,::, / ()
.I: 0:
i
_',~ ~ f..),
Seal
2009 / 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
RECEIPT:.t 29240-23355
Business Name: JAYNES CLEANING SERVICE [NC
'~,','mer l\Jame: JAYNE JURGENSOHN
i"~ailing Address: POBOX 431439
BIG PINE KEY, FL 33043-1439
Busine~", Location:
1\.10 CTY
MARATHON, FL 33050
305-872-8866
MOBILE (MOBILE
JANITORIAL CLEANING)
Business Phone:
Business Type:
Rooms
o
Seats
o
Employees
o
Machines
0/0
Sta lis
o
For Vending Bu..,iness Only
Number I)f ,.1achines : Vendin<] Tvpe '_
~,iX Am_cu~___iransfer Fee ISub- r~r:.::l~~,,-nalty ~~()_r Ye-~!Li... iCI)lle~ti~~CI)S!_ Total ~'4i~_
",::5 'JO ~~!L() _ ___ $O,QC~,2500
PAID-211-08-00000219
07/28/2009 25.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
!;5 ~Eror..IES t\ Th:/ :)t:(__~~IPT
:i~~ f: 'J \j il L ~ [-to ,T;-_:
Danise D. Henriquez, CFC, Tax Collector
PO Box 1129, Key West, FL 3304.1
;f~IS:5 --:NLYA rAX, fr::,_: \Ii,,),
fVIEET;: L 'J)lJN I Y:\rll'," ,:,'_
rIJI J".JI \. ; pp, LT~'I ,',I ,c,l\J I,! _ i,/' ,; \',
."'_ ~ ,; i!C :- I .,' T" ~:'.1 c: :-,--
INSURANCE AGENTS STATEMENT
I have reviewed the above requirements with the respondent named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTffiLES
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Liability policies are
Occurrence
/
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,\,,'1
Claims Made
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Insurance Agency
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Signature
RESPONDENTS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
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. Respondent
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I II f ""\ \, I II ):'-- .'\ 11 E J-Z IU\ Z 7 u & M 0 S A Ie ASSOCI;\ T 101\
THE CARE OF TERRAZZO
{.-:'1
· OWNER'S GUIDE FOR THE
SUGGESTED MAINTENANCE
OF TERRAZZO
· CUSTODIAN'S GUIDE
TO THE PROPER MAINTENANCE
OF TERRAZZO
· DO'S AND DON'TS
FOR TERRAZZO FLOOR CARE
· INSIGHT TO CLEANING
TERRAZZO FLOORS
()
· NE\V TERRAZZO FLOORS
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il1(ll-g;llliL', nl- LT: s[alli/i/l~ \;r1h_ hcln!dLlI ;i1Ldi m ;ICilk S\\eLl'ill~
l'()l1lpmll1d\ conldin oj' Hhi,.1J is lint olll,\ ,I fire h;u:;lnl hUI \\ ill jll'lll'll'a!L'
:lnd cOLlld pt'nnancIlIJ,\ disl'o!nr )llUr (]dllr. f\1any ofthcSl' C\ll1lplllllllb
c{)lltaill s,-tIld \\hich is h;lrd In SHl'C'P. ,Ind can "hrMIe' your I1(H)r if 11()f
rCIl1(wed. Most owners W(lnt \0 see ,I high sl1l't'11 Oil lheir floors. SillL'C
safety in all buildings j,\ a COllcern, USL' a \\';lter-bJsed seidel' in lhe
acrylic family especially designed for Terrazzo liSt'. The Undcrwriters
Laboratories classification of lhis sealer should include a slip resistance
\,'jth (\ cOl"fficient of friction rating of minimum 0.), Soh enl hJsed
sealers ha\'e a tendency 10 discolor ,,'jth age and pose a rem\l,al problem
for the lIser, especi<.J11y \\'hell \\ear p;JIlCrIls de\el()p-or disl'uk))"(jlioll
dictate" stripping the surface. This Associ;llion St'lls no prndtlCI and
1I.se" geneTic lerms in our suggcslio]l.\ \Vc du rCL'l.ll1llllt'nd JLT\lic
\\ale'!" h;lsed sealers I11npJ1eJ Oil, il1l.)Il\:' Oll11UfC C();lh, ill accurlhl1l'C
\\ilh the ill\truL'1111Ii'. n!" Ihl.~ 111~l!llILlt'lurlT Thi'. ell: ;11"'(1['( follo\\ed
h: ;ll! CtlTylic \\dlcT-h;h'd til\!',h for (hi!'. (1/- \\t'd.h h~dll'l; iL\ hi~!:
" h,_' (TJ j... des ire' 1I
CLEANJ1\(; PRO{ l]HiHE~: ~~'ll:::!I,__kd;;LT'. .Ill.' lL 'oiC:l<d 1(\
l-l';lClllllh ill ~,()il1lillil \\ ilh l'k,'l' \\~lllT ml\:.:d ill ,!l'cul"lb:i,'l' 1',\ fL,.:
lll:lilllLIClUl"l'l il1.\lllk'[jlllh_ "nLl :t!1< i'.'" l'd In rt'!ll;lill (111111(' n'hl!" surl;k'c'
rIll ',~>\l"r::! mililllL'\. ll:i\ 1'1\\\ iJ.'''' [}h: I:L'l-l'\\JI-) lil1h' In! thl L'I-ji:1C-
l!i,,\\)h 1I1~ ;Il'li,,;, I" L'll !'Ll'c'l' '! IL-i rll:'~',' thl' di:l-IJ'!,'ll ",I~::I"':' (It':;
lh,' '.lIli',:c'c' h: "qlL,':;l'l'. \;i,'II,li.,. ell' 1'!"i"i'I!-:,C::. t:i'i',_: \,ili, c:;::lk'l'L.,I::
\\:;1,' II I" i:l';I,l:':lii: 1(> ~l'IT Ill' ii",). 1.\1; d'1Ii:10 ILl' ,T'll"l'l'j,,:III)i:.'
""
\:j
:-,:! '\.'L'\, \1 \ lIh' d~rl li",'< 11')[ fL'cd ',1: \' I ' [i 1(' n. \, q
f~'~'.''''''l: ::._ .~ll~ \... {;::'~l~J:, 1L~~: . \,..
>, '-.\ t
-I '
I /. ., f j ,.,', . _,1, ., j. L' {
I .i.._ l. l.j [I ,~-':d _\ ':,_,". \.;
: ~l'1'_:>t l]';'~ fj ',,\:"~-!\ :;,"; '.-.~ r'-'1..i
!1\ d!~ :!:t;: '11:1~ J~~'li-~tr~-j,-' lil:q !~. "\ '. ' ;:~', ....>~' If:<--' ([t .;":- l.~~!'l\. ,~ 1- j-
- " .., " . . II I:"";' I . I , I. ',' ,,' , . .' :. ,,: . .' ,,," . , . f I \ I I' " 'I',' I ( , ,
I _, I .:., :,., \ I.:,: _' ( ,', '; "I' i '! ).. ! ~_ I.'. ,I i '- 'j . -;. i j :,' i" : I, ,; '." , i. ';.,' ,
[)~~il'~ ii'_:>~ I! ;"1 ::i~ f,'I.r;"'....l'... ~-.;i [:, d' ".! .{ ! ~tl" ::-1"1: l;~'._ ~ ,'.,l. ,f, '. f/:',_
r,~!I;l'! ,H 'j ~ ~~jlt ~~!..1..... ~i" ~'.. ~i~I~-4 '.;~' {<; \',1:; h.i:<.~ ~:,:\',,~ 'co,
ATTENTION!!! TAKE THE NECESSARY TIME TO
LEARN \\'BleH TERRAZZO SYSTEM YOU
AI~F IVIAINTAINI;\l(;.
ThL'll' ,11\' thll'l' tYI)l'... or' hil1del" lIsl'd [(11111L'!](l1 lllllrhlc chips or other
;1::-:~r'l'~1I1l' ill )'oul-'fl'lldI/O 1:lll(lI. (Jill' is;1 Pllrtl;lI1d Ccmentproduct;
thl'-';l'COl1d is ;1 Plll);lLTylil' !llodiril'd PortLlIld (\'l1ll'l1t which includes
<Ill <lLTylil' <lddilive. Thl' Illinl i... all Lpn\y 01 PpIYl'.<.;tl'r system, often
rdCITl'd [() ;1<.; ([ rL'...inlHI\ thin-set ") "telll. Although L'<lch system has the
role or' anchl)ring the a~~re~atL into the topping. thl' treatment of each
dOL'S vary. Terraull floors have l',I.<.;e of lll<lilltLnal1L'C, but this does not
JrIeanthal NO CARE IS RI::QUIRr::D. Once YOllllnderstand the care
requirements in the e;\rly sta~l'.\ or a 11l'\\ TCIT;ll.lO noor, you avoid
po-.;sihlc prohlems, and recog Ilize the economy or care and the aesthetic
values or Ihis pmdlict.
tl---.
C'
PORTLAND CEMENT SYSTE~1S: A Terrazzo sutface has a
minimull1 70'1r densily marble chip surface exposure. The marble
chips have <I 10\\ porosity or absorption; thu.s, the portion of this floor
syslem thaI needs protection is thc Portland Cement binder that has
3()(1r or less surface exposun:'. This i~ why our specification requires a
pcnetr;lting. type scaler applied to this surface immediately following
liI,-' final polishing.. This helps inhibit the penetration or spilled materials
UpOIl initial contacl \vith the Terral.70 1loor. Spills must be cleaned up
imlllediatel)- ill onkr 10 prC'VL'llt slains CilUsed by repeated or long term
C\]lOSLlrc. 1~\CI1 slandin~ \\~ller l'an di"Slll\'C sOllle sealers, Since it is a
l,cl1L'lraling. liquid llLllcri;lL it is not L'\plTted 10 prnduce a high gloss
shccl) 10 thL' f1UO!- sLlrr;ll'C. Once the (\\\IIU occupies the building, he
111l1"t stril' and rc-se;illhe \UrLil'c ~1J1l-' ir llcsired, ,lpply finish coats to
p rolllll"l' ,\ Ii i ~ hl' I' -.: ilL"" 11.
RESINOl:S TYPE TERRAZZO SYSTE~IS (Epoxy and
Polyester): Sin,'l' t.IlL' Ill;lll-j\ ill tlll'''l' S) "kIll... hCl'ol11e." a non-porous
...urLll'c. 110 l"'l'Il,'[r;\fiil~-tYI)L' "l'alL'! i... IIsl'd on (hi... lIonr. Use only
\lli'LL'l' se,lIn,,_ d\ I1k"lllilllll'd ill lhl' c<1llknh or Ii!CSl' instructions.
()
CUSTODIAN'S GUIDE TO THE
PROPER MAINTENANCE
OF TERRAZZO
FOllOWING THE INSTRUCTIONS TO KEEP YOUR TERRAZZO
FLOOR CLEAN AND lONG-LASTING, THESE ARE MINIMUM
MAINTENANCE SUGGESTIONS:
CAUTION: Before deviation from the instructions, contact your
local Terrazzo Contractor for advice. AL WAYS KEEP
RINSE WATER. MOPS & PAILS CLEAN!
D AlLY:
SWEEP USING YARN-WICK BRUSH TREATED
WITH SWEEPING COMPOUND, Hand work stubborn
stains and scuff marks with neutral cleaner diluted in
warm water.
~
~~. . )
"'./
WEEKLY: DAMP MOP LIGHTLY SOILED FLOORS WITH
NEUTRAL CLEANER, Heavily soiled floors should
be scrubbed with a mechanical buffing machine and
neutral c1e,mer. Mop up residue with clean water
before it dries, Allow to dry and buff with a dry brush.
NOTE: ALLOW YOUR NEUTRAL CLEANER, ONCE APPLIED
TO THE TERRAZZO SURFACE. TIME TO REACT. IT IS
DESIGNED TO LOOSEN FOREIGN MA TIER. SEVERAL
MINUTES SHOULD BE ADEQUATE, BUT DO NOT ALLOW
SOLUTION TO DRY ON THE SURFACE.
SElVII-ANNUALLY: Strip all old sealer and any finish coats.
Reseal clean floor.
o
WARNING!!
IT IS IMPORTANT THAT ANY SEALER OR
DRESSING BE LlSTED BY UNDERWRITERS
LABORATORIES rOR SLIP RESISTANCE.
Thl' preceding lllill;llllll11 lllai/ltcllallCc suggcslio/l,s have proven over
liJlll' In pro\"idc I Ill' OWJlLT vvith the lowest maintenance cost of any
flnor systl'lll.
SOME OPTIONS TO THE ABOVE INCLUDE THE FOLLOWING:
Apply high 11Istel Cini:-;hcs on lOp or the sealer to the desired sheen.
These normally require the added expense of spray-hlJf1~ng to maintain
lhl'shecn. Tcrrazz<l, unlike other floors, does not require this for wear
prolecllon.
oF' "
~~ )
Thcre is another process that would produce a sheen without the appli-
cation of sealers. As you clean your floors with the neutral cleaner /
water solution, your final mop picks up the majority of this cleaner, but
still some remains on the surface. Afler several such procedures, the
residue of cleaner will become buffable and result in a sheen with
buffin& after each washing. This method of achieving a sheen never
reLJuires the stripping action, thus, reducing your maintenance costs.
This is not recommended in areas exposed to staining materials.
As of late, some owners have been testing new technologies from the
marble and granite industries to produce super high gloss finishes
witholll day to day recoating. These include diamond pads for
mechanical honing and polishing as v.'ell as crystallization/vitrification
products. As of this lime the lon& term maintenance cost of these
systems is not known by this Association.
NOTE IN THE EVC";T THAT YOUR FLOOR BECOMES HEA VIL Y
SOILED, CONSlll T WiTH YOIIR LOCAL TERRAZZO CONTRACTOR
OR THIS ASSOCIATION FOR DIRLCTlONS BEFORE USING ANY
MIRACLE CLEANER SUGGESTED BY SOi\1EONE NOT FAMILIAR
WITH TERRAZZO. IGNORING THIS WARNING COULD PROVE
HARI\1FUL TO YOUR FLOOR SURFACE.
.f"'
r )
,........
f)()'S ANI} DC}N,rrS
FOR r_rJ~:R:R,A.Z7~(} 1~'f.i()O]<' CARE
HELPFUL TIPS F()J{ TERI~\Z.ZO \L'\I\'TE!\/\'\CE: YOllr
TL'IT;III() /);1" hL'l'1l );rnlllld d!ld I" lli'.li,'.1 ;ill\! \L'.:kd \\illl ;1 pL'lli.:'ir<ltill,:2
TL'ITd/IU Sl.';di...T Thi" 111\ lkch _'( Hlr "lIrt";ic',' (!( \/1; iillI11l'di;tlL'...l:!ill". hlll
!HUilljll~t' sl1\lUld hl' i~nllIL'<I ;I/h! ;dlp\'.l'd [\. \();d, illlL! dt., illll! till' non!".
(J()(lllll()lI\L'~l'L'I\ir]~) pr(IL"l'dllll'''' l\'ljll'l-l' Ill:'; \ 'l!i !'!tI(I! Il'l11i1ilh Ck;lll.
1)0 "s
I. DO ;tS~ yuur iIlSLdfiJ1); Tcn;lu() ('(llltr,ldl1r [(II"L.'L'OIrlll1l:'llCl till:'
propcI' /ll'utr,d L'!c,tIlL'1 :llld \l'LlIl'J".\ t() hl' u"L'd (Ill YOUI lIUlll.
f-')
...
2. DO dUSl mop your floors (J;til.y, this 1101 only pic"-" up (ht' dust, but
also Iht' !!.ril tr,lC~cd intu vour huiJdiJ)!!,. The !!ril <Ids ,IS <Ill ,lbr,lsive
...... ...- .. <-
on your kin! surl';lce /l()OI.
3. DO serun )l)Ur f10nrs <l mini!llllll1 (11" l\\'jl't' a wt'c~_ \\IWrC;1 1lL'\\
Terr,llZO floor h;IS heen inst;i1Ic:'d for thl' initial lWIl[lllllr-Ct' 1111111111s.
;t\ the cOllstruction dust j" ..;lill in the air. and \\ ill C\cl1lu;dJ)- 1,('
dcrosilL'd 011 YOi'" (Jon). Aftl';- [hi, pl'ri\)ll. nn.'l' 1",,'1- \\r~'t'h.
dcpC/ldill,!; Oil 11 !c. ;t!IlI)ljill ()j r(",: fr,lfh..'. L~'L_'P }ll(i!" f!\)I\1 L'll';ill ill
;lj'I-'~dr;tll(l'. ,A.\,\,;IY'" 1\11',',,' }1\lll j!.,(lr, \\Clll.' I; l \\ 111 ,: h)lild-lIl'
(\1 c!C;llll'i r,_,;dll,' lli:lll.'i)lI:;II',-'\..'\~!jIi.." "lq'j-",:,\,
4. DO \l\tI \lllll n(),l(" \'oill1 ,i \\ :}i"I-ll:h.d ;1101.'- ii,'" dl~'1 it; :k'Cl',:d;"h:C
to 111l.' 1ll,ull:!"al'III!\_'I-,"; iii...(I'lIL~;(\ll" :\"lTi,.r1!~. ,I Ill'" 11,,1'1 lequire..;
l\\l) (\II11"!\" l',\;ll'-. \\ 11:,_'11 I)!' \ i,k :~ ~'ll\ld "h"'LT. f,II'-;' !'"Ti,)(! ,,j -1)
III U) lb,\s. hl'1"orL' lil'l'lli:,!-, :ld,lit:')I!:I! 1/';1'...\:;11.'1 \), Ildd hL'
l'LI..."il'il'd h\ l n"k" :;kl- L:,!""'-;!l 'Ii ". ,I'. ...1 ii' I.";""]>! \\ I'j,;\
rlltillt'. I)! 111:;':'.1",1" (\~.
(-)
:'to I)() U'.,-, m"i:lf"i!.":I'-'l'I'i'h!~ll'I'" (k....i~:L',1 fll'[',_':,:I/I.'
6", )") (; ~ l! , . ) \ \- \, ~, ~ ~,~ n .~_ t~. t I ,d '- : ~ ,,~I '< I . I 'II ']1..,':. ~ if" r< i '. ~. ~ i (. \ d i" . ~ I..' r j ~ 1 .' I:, \ ~~ t j rLJl'l' ..
linll\ h' l\_\l:~~[ ;!"- tL',....i._'l:,_., i t:\ !: l..~._"-.!~ (..~~~.:.~li tll~;t!.._'~. ~l <',.':.I.! l~lt;'U~l'.<,
<! Ji ~u1d hi,' ~l~l "{ t;I:I.:~'" hi:: I )fi '\f ([ l::j.'t'."\ " l~l. : ~~l!, . !'-'t ~';~ ~ti~-1'~~I,..'''''_
D(}]\! ,rl'S
,. D01\"T lI'.l' 11111\:/) "UI'j":IL'l' \\~l \l"'_ 01 ;dlf)urPIJ"l' scalers.
h111)lo}llh'1l1 (d\Ul'll Cdll rl,...1I11 ;11 :---hpj1LTY suri";!l'CS.
2, DON'T ll.\l' ;Ill pUI"j1<lSl' C'k;llll'!''' UJlll;I'llill~ \\:Itl'r soluble
illl lr~dll ic I Jr cr\ sl;111 i/ill ~ ,,;tlr.... 11;1Il11 I ul <lJ kali ()r acid.\. Use
~ . ,
(If \lIL'l1l)f(ldlll"\ L"(lllld I)I-()\C ILlrllilullo YOUI' Terrazzo floor.
3. DON'T U\t' cllL'ap clL';.IIll'r\ or "l'alcrs sillce the 11l;~jority of
your 111ai nll'l1:tnCL' l'ost\ is I<lbor.
4. DON'T If) III i I-ac!c C)L',1I1CrS Of \C;lICI-S un your floor without
gellillg <Ill llrilliUl1 Oil ,\lIch produL'l\ (rUlll Yllur Terrazzo
Co II 1. r<lc[\ )1 or I hi" AS'-;<)L'ialioll.
{)
NE.W TERRAZZO FLOORS
TECHNICAL I~l1LLETIN #18 (REVISED 4-96)
(~l
This bulletin ;iudre\"e\ tilL' 11 lll\ [ frequent yue"li()Il" that we hear:
"\Vh\ dOl'Sn'l 111\' 1lL'\\ ct"11lt'1l1 TcIT(l7.~l) floor 11;1\'(' the sheen and
- -
lu"kl of 111.\ llt:'ighh,,)["<.J" '"1\1il1l' Iuok" hll)[l'hy Jl1d dull~" There will
hI:' ,I Si~IJiriL",1I1t JirrL'relll'l' ill <lppl';II'~lllL:C hcl\Vt'l'l1 a ne\\.' floor and one
lkll h;l\ til1il' tu ;I~C' Ch;llll'C'> ;\lL'. Ilk' ;\gcd '-lu()1 ga\"e the same
t"\pl'rit'llL"c' \"hell it \\,Ie. ill,t;lllc'd. Tenal/Ll. like fille \vine, gets better
\\ itl] ,'gc'. \\'hik ~ Oilr Tend/h) !"Innr Ill,l.' l<id, I he beauty YOll expect
1!1ili;dly_ \\ illl I1dlllrdl curt' dlllllhc' I);j,,\ing (II" time. your tloor will
I i.1 \,' l [ll 'u...lL'( and hl.';llIl \ tILl! Tnral/ll i... klloV' n fur. To further
l' '. I'Lt 11 \', Ii \ t h i '-. (ll' L.lIl.... _ \, c' U Ilt' f- III C' fl) III ) \\ i 11 ~ i n 1"0 nil <11 ion.
\,l(liSlllIC i... ;ltlclcll [I) tile I elLIII,1 j>r,)dl!,:I,,, ill IlL.' l'olllposition, curing,
~ Ii, ,d i '1.:.2. ~/( )[1: i n,~ ;I:i..ll'< Ii i...h i li~',L!~I.'''', SirLil'llIr;d I)', \\'ith this III uch
li",I..,I':Il'. ~l'lll.'<lll liL' ;:......ul.l,d pf l:!_i.d!\.' ill...!;t1lalll\!L YOll can also
l \p'~'l.'t lhl' "~l~._'l III l!lS"'Ql..lL' ,Iii,] ,.""'l;I;'C li;hlll!:-"h (~I,-' l'inished surface.
ii i" 11 ',''..''.;I!.\ (," r,'.:~l!I.llt' lill." II!''!''!'' ,'t.\"/,">I';III,III, Thererore, the
TCI':I//P !1)',h' i-,: '<,'[1.,',,1 \'. !11~ ~r 1',"ll,'i~;I")'I",: I;. 1',' \~'~lkr. This further
!:,'1'.'>",_' [I"~. I' ,,:\.- :;',1: ;; I.,.J.",. ;..' t:", ',-,", ,~; :;ll'lil~'. This fr~1ppcd
moisture will migrate to the area adjacent to the strips, causing this
to be darker until it is completely cured. It is not unusual, for [his
moisture to create efflorescence and/or tarnish metal dividers. This
can be remedied by maintenance personnel using an 80 grit orfiner
3-M type screen mesh pad under the scrubbing machine during nonnal
maintenance procedures. The building must first be climate controlled
and the floor thoroughly cured before this will be effective. The curing
time will vary depending upon temperature, humidity and ground
water conditions. After the tarnish is removed, the screen pad should
not be used. Each passing day, with normal maintenance, the aesthetics
of your Terrazzo floor will increase. Obviously, this requires your
patience, but rest assured that the results will be rewarding.
F')
'4/
terrazzo
TH[ NATIONAL TERRAZZO & MOSAIC ASSOCIATION. INC.
.~ -\
L! )
~~,..
20 I N. Maple Avenue. Suite 208
PlIrcell\'ille. Virginia 20132
(800) 323-9736
In VA (540) 751-0930
Fax (540) 75 J -0935
WWW. n tnl<:'L co rn
()
KEY RESIN COMPANY
,,~,,""'~~"'~.. ....____~...J"'r.. -.....". .... .,.....If"'.......A,..
4061 Clough Woods Drive
Batavia, Ohio 45103 (888)943-4532
Technical Bulletin #3
General Care and Maintenance Instructions of
Key Resin Company Flooring Systems
I.
GENERAL INFORMATION
Key Resin Company's Flooring Systems are designed to produce dense, long-term, seamless floor
protection resistant to wear, chemical attack, and dirt penetration. Key Resin floors can be generally
maintained with a routine program similar to any good-housekeeping procedures. Thorough sweeping and
mopping to remove loose particles and soil along with prompt removal of grease and other contaminants
will prevent most Key Resin Flooring Systems from early deterioration. Seamless noors are easier to
maintain than their counterparts in the resilient flooring industry because they are seamless, and therefore
do not provide cracks and crevices to entrap contaminants.
Key Resin Company's Aooring Systems demonstrate superior resistance to wear and abrasion. In time.
however, high traffic areas become noticeable. It is possible to renew Key Resin Flooring Systems to their
original appearance by cleaning and resealing with the appropriate finish as dictated by the system in place.
Prior to this application, the Floor System must be prepared by stripping all waxes, sealers, and other
contaminants. It is also important to specify which Flooring System was installed to maintain optimal
performance of the System when resealing. Contact your Key Representative for further information.
Specific considerations for Key Resin Company's Systems have been outlined below.
II,
CAlLY MAINTENANCE
A. CAlLY SWEEP KEY SEAMLESS FLOORS. Routine sweeping, then mopping with common
household detergents or soaps, followed by thorough rinsing prevents damage to the finish from the
grinding effect of minute abrasive particles common to work areas.
B. Treated mops may be used to remove abrasive particles.
c. Promptly remove grease and other contaminants.
D, Promptly RINSE OFF all chemical solutions that may attack the surface.
III. WEEKLY MAINTENANCE
ALL KEY RESIN FLOORS should be mopped on a regular basis with a neutral detergent or soap, and
thoroughly rinsed. Water should be changed frequently and mops rinsed often.
SMOOTH FLOORS are readily deaned in this manner unless they are subject to heavy traffic and steel or
hard rubber wheels that can leave marks that require extra attention. In addition, non-skid surfaces can be
resistant to ordinary mopping. Severe spillage or routine major contamination also requires special
cleaning protocols.
The key to getting a TEXTURED FLOOR clean is to scrub it with a bristle brush or mechanical scrubber
!hat will dislodge dirt and grease from the depressions of the textured surface.
,r
\->
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Bulk Item: Yes XX No
Division: Airports
Staff Contact Person: Pedro MercadolPeter Horton
AGENDA ITEM WORDING: Approval of waiver of purchasing policies and procedures in award of
Key West International Airport Security Systems Improvements.
ITEM BACKGROUND: A new Fire and Security System was installed at the airport in both the new
terminal building and the renovated terminal building during the construction and renovation of the
buildings. The Fire and Security systems were installed by a company called Integrated Fire and Security
Systems (IFSS). IFSS was the successful bidder for the Fire and Security systems installation in the new
terminal building and the renovated terminal building and was hired by Morganti to complete the initial
work following, the advertisement, bid and award of work by Morganti pursuant to County purchasing
policy and procedure. All of the work contracted for and contemplated in the original bid has been
completed. Subsequent to the completion of the original work, additional work has been completed
pursuant to an FDOT grant for enhancements to the security system. The County has now received a
supplemental FDOT grant for funding additional security and fire safety upgrades. As the board has
been previously informed, the security system contains proprietary software which the County is
licensed to use through its agreement with IFSS which led to the approval of a sole source award of
contract for the initial phase of security upgrades. The County approved sole sourcing the security
enhancement work because of the risk of Fire and Security system malfunctions while a new vendor
installed its proprietary software and integrated the security enhancements into the existing system. In
the instant case the upgrades include additional CCTV cameras, upgraded CCTV workstations and fire
alarm system integration. It is important to note that the FedEx building and the Customs building are
not currently integrated with the airports :fire and security systems. A fire alarm activated in either one
of these facilities will not generate an alarm at the airport's fire station nor will a:fire alarm activated in
either one of these facilities release the security doors in order to provide :fire safety egress nor will a :fire
alarm activated in either of these building provide an alarm indication at the airport's fire and security
centralized monitoring panel. Although some of the components such as CCTV cameras and monitors
are generic and could be obtained from any number of vendors, the integration of the equipment in to
the current system is mission critical and presents life and safety issues if the installation and integration
of the upgrade components are not done correctly or cannot be warrantied with the installed software.
As the original installer of the system IFSS can provide seamless integration of the upgrade components
and, more importantly, will warranty the components to be fully fimctional with the system. In addition,
all future software upgrades will be warrantied to work with all of the components installed in the
system.
PREVIOUS RELEVANT BOCC ACTION:
Approved sole source award of an initial security system upgrade at the December 16, 2009 BOCC
meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $230.557.17
BUDGETED: Yes XX
No
COST TO COUNTY:
$0
SOURCE OF FUNDS: 100% FDOT Grant
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Aj/1 OMB/Purchasing _ llisk Management_
DOCUMENTATION: Incl ded XX Not Required
DISPOSITION:
AGENDA ITEM #
Page 1 of I
From: Justin Peterson (Jupeterson@ifssi.com]
Sent: Tuesday, May 04, 2010 9:32 AM
To: Mercado-Pedro
Cc: Flowers-Larry
Subject: Access Control and CCTV proposal
Attachments: KWIA Security upgrade requests 5-2-2010 JNP Rev 7.pdf
Pedro, in the attached proposal under each of the items I have added a small scope explaining the work and benefits per our
conversation onsite. The benefits are again as follows:
. Can provide additions to the existing systems while up holding all previous warrantees. IFSS will not continue to
warranty products being services by other vendors. (Systems currently under warranty include the Access Control,
CCTV, Network, and Fire Alarm Systems)
. IFSS has been thru the EULA (End User Licensing Agreement) with the county previously to maintain the access
control and ccrv systems to ensure that the airport continues to get software updates, technical support, and
expandability of the existing and new system components.
. You will see in the notes below the Customs and FedEx piece of the project that references the Code violations and
emergency egress we discussed. This is referencing NFPA 101 (National Fire Prevention Association), which states
that in the event of a fire emergency the occupants of the building must have free "egress" of the facility by all
means deemed as an exit. Currently the security doors do not release in the event of an fire alarm in these facilities,
nor are they being monitored by the ARFF facility onsite. It is within the attached scope of to remedy both of these
items by extending the new fire alarm control panel into FedEx and Customs.
. AU of the locations have had the discovery completed and multiple survey done with airport personnel and Monroe
county sheriffs personnel.
Please let me know if you have any questions or concerns. Thank you.
Justin Peterson
Integrated Fire & Security Solutions
Pres / Ft Myers Branch Manager
Office 239-415-4374 ext 229
Fax 239-415-4378
Cel/239-425-7644
www./FSSl.com
file://C:\Documents and Settings\peters-katherine\Local Settings\Temporary Internet Files\OLKIOC\K.,. 5/4/2010
Integrated Fire and Security Solutions
SYSTEM QUOTATION
Filename:
Date:
Version:
Job No:
I,.~egru~ed Fire 4 Securi~g SoluriO"8
ECOOOI08J
QTY
3
1
2
4
1
1
1
Total:
Job Name: Security Upgrades Key West Airport
To: Key West Airport Operations
Attn: Larry Flowers 1 Peter Horton
Part#
MIC1S
VR1 00
596LB
SP500
MP3Base
WIRE
LABOR
Security PaQinQ System Separation
Bogen microphone input cards
Amplifier for paging zone
Shure low cost microphone
Speco outdoor white speakers for beach area paging
MP3 base station for all time power
Wire and misc install materials
Labor for new wire, re wire, and installation
Security Upgrade
5/2/10
7
N/A
$230,557.17
IFSSI Contact: Justin Peterson
Scope of Services: IFSS will integrated and re wire the security paging system to separate the departure area from the ticketing area. This wor
will be performed turn key by IFSS and manufacturers warranty shall remain intact for the existing paging system as IFSS is an authorized Boge
distributor.
QTY
1
1
1
1
1
1
1
1
1
Part#
EX500 HOTV
HOWS
AVGLlC
SSOESK
WMB
UPS
WIRE
PROG
LABOR
TSA Security MonitorinQ Station
Sony 40 inch bravia HO tv
Video workstation for interacting with VMS
Avigilon workstation license for accessing the VMS
Single station desk to house computer, keyboard, and mouse
Wall mount bracket for HOTV
UPS to plug in monitor and work station
Wire for new data drop
Programming of new workstation to existing system
Labor for new wire and install
Scope of Services: IFSS will provide a new CCTV viewing station, computer, console, and monitor in the TSA office located in the ticketing are~
This new station will serve as an extension of the existing system and will have the same capabilities as the work station currently located in the
security office. Both live and recorded video will be accessible from this new station. It is recommended that this workstation not be viewable t<
the public as there are security sensitive views that will be available. The addition of this workstation will not void any eXisting warranties on th
CCTV or Access Control systems.
QTY
1
1
1
part#
Axis216FD
Axis216FD
Axis216FD
IFSS Inc.
Confidential Information
Security Requested CCTV Cameras
Indoor ceiling mount dome camera 2nd fir elev lobby
tndoor ceiling mount dome camera 1 st fir elev lobby
tndoor ceiling mount dome camera 1 st fir escalator
7857 Drew Circle Suite 15
Fort Myers FI33967
Voice (239) 415-4374 fax (239) 415-4378
EC0001085
1of6
1 Axis216FD
1 Axis216FDV
1 Axis216FDV
1 Axis216FDV
7 1.0MP-HD-DN
7 DOME-OD-BASE
7 LC3810TA
7 DOME-OD-PEND
1 24C-10TB HDNVR
2 PROCURVE
1 RK124
3 VR448UTP
14 AVGLlC
1 CONDUIT
1 WIRE
1 LABOR
1 PROG
Integrated Fire and Security Solutions
SYSTEM QUOTATION
Indoor ceiling mount dome camera TSA screening area
Indoor wall mount vandal resistant dome tsar screen stairs
Indoor wall mount vandal resistant dome bag make up stairs
Indoor wall mount vandal resistant dome mech nn 2nd fir stairs
1 Megapixel Avigilon dome camera for out door use to cover
outside stairs and parking deck stairs.
WP base for camera mount
Tammaron 3-8mm lens for dome camera
Pendant mount threaded dome adaptor
24Ch 10TB storage NVR
24 Port POE Giga Bit switch
Rack mount case for video extenders
4 Port Cats video extenders (exceed 300ft)
Camera licenses to add to existing server
Conduit under parking deck to cameras
Wire and mise install materials
Labor for new wire, re wire, and installation
Programming of new cameras into existing VMS server
Scope of Services: IFSS will provide new CClV cameras at the referenced locations per the request of Security. These cameras are to be
added to the existing network infrastructure and recorded by the existing servers. IFSS has included the integration of these cameras along wit
new storage to ensure that recorded video is stored for an acceptable amount of time. The existing system and ~s warranty will remain intact as
IFSS is the authorized integrator to the EYW site.
QTY
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Part#
Prox Pro II
1320
AL400ULX
LNL 1000
64ADV-64RUP
PCS-ADVI-REDU
HDWS
AVGLlC
FIBER
VOICE
MONtTOR
UPS
WIRE
LABOR
PROG
Access Control I Video Workstation For SIDA Shack
HID reader for checking valid credentials
Dual reader interface board
Power supply and enclosure for 1320 board
Ethernet controller for AL400ULX
LENEL 64 access reader upgrade for expansion
Redundant access control workstation for guard shack
Video workstation for interacting with VMS
Avigilon workstation license for accessing the VMS
Fiber from old security office to guard shack (6 strand)
Copper low voltage voice lines into new shack location
Keyboard, Mouse, and 20 inch LCD monitor
UPS to plug in monitor and work station
Wire for new workstation
Labor for new wire and install
Programming of new workstation and additional readers
'" ,
Scope of Services: IFSS will provide a new Access Control Workstation in the guard shack being provided and installed by the airport at the SID
line by the public air side. From this workstation, we will tie in to the existing access control database and network. The system will have the salT e
functionatny as the workstation in the security office with the exception of the badging feature. Also in this scope is a card reader to ensure that I e
credential being supplier to the officer I current and up to date w~h the main system in Security. All warranty shall remain intact as IFSS is the
current LENEL integrator for the EYW site.
QTY Part#
2 FCM-1
1 LCM320
1 FCPS24-8
5 FSP-851
10 FST-851
15 B710LP
5 NBG12LX
4 SR
8 P2R
2 7AH
1 CONDUIT
IFSS Inc.
Confidentiallnfonnation
Security and Fire Alarm Interface for FedEx
Security interface with fire alann system for door release
Notifier expansion loop card
Notifier 8 amp NAC booster panel.
Notifier photoelectric smoke detector
Notifier thennal heat detector
Notifier base for smoke and heat detector
Notifier addressable pull station
System Sensor strobe only appliance, red
System Sensor horn strobe appliance, red
7 amp hour batteries for new nac panel
Conduit connecting to Bag make up building
7857 Drew Circle Suite 15
Fort Myers FI33967
Voice (239) 415-4374 fax (239) 415-4378
EC0001085
2of6
1
1
1
1
1
DEMO
ENG
PROG
WIRE
LABOR
Integrated Fire and Security Solutions
SYSTEM QUOTATION
Demolition of existing fire alann/sec equipment and wire
Engineered drawings
Programming and certification
New wire for devices and building connection
Labor for new wire and install
Scope of Services: IFSS will provide fire alarm as an extension of the new terminal's control panel. As a code requirement the access control i
the FEDEX facility is required to release the secure doors in the event of a fire for ''free egress". In the invent of a fire any and all individuals mw t
have free egress of the building by any means deemed and "EXIT' door. Currently this feature is not utilized in the FedEx fadlity. As this is ar
extension of the new control panel in the terminal, all warranties and service contracts shall stay in place as IFSS is currently upholding the warra ty
on the existina canel.
Access Control AdditionallDF Doors {215 &116, ARRFI
HID prox card reader out door rated
Lenel dual reader board
1200lbs maglock with DPS
Requestto exit motion detector
Relocate ARRF door to Bay access door by fire truck parking
Conduitforcard reader, maglock, and rex motion
New wire for devices
Labor for new wire and install
aTY
2
1
2
2
1
1
1
1
Part#
HID Prox Proll
LNL 1320
SDC1571
Trex
RELOCATION
CONDU IT
WIRE
LABOR
Scope of Services: IFSS will provide and install access control on the above mentioned doors per the request of Security. This is an addition t<
the existing system. All wire and devices to be installed new. IFSS will edit the existing database to add the above mentioned doors into the
existina system. All warranties shall remain intact as lFSS is the warranting contractor for the existina access control.
aTY Part# Security Requested CCTV Cameras in IDF Rooms
1 Axis216FD Indoor ceiling mount dome camera nn 215
1 Axis216FD I ndoor ceiling mount dome camera nn 116
2 AVGLlC Camera licenses to add to existing server
1 WIRE Wire and mise install materials
1 LABOR Labor for new wire, re wire, and installation
1 PROG Programming of new cameras into existing VMS server
Scope of Services: IFSS will provide new CCTV cameras at the referenced locations per the request of Security. These cameras are to be
added to the existing network infrastructure and recorded by the existing servers. IFSS has included the integration of these cameras along witt
new storage to ensure that video is stored for an acceptable amount of time. The existing system and its warranty will remain intact as IFSS is th
authorized inte!1rator to the EYW site.
Requested CCTV Cameras New Terminal Parking 2nd Fir
1 Megapixel Avigilon dome camera for out door use to cover
WP base for camera mount
Tammaron 3.8mm lens for dome camera
Pendant mount threaded dome adaptor
Camera licenses to add to existing server
Conduit to building exterior
Wire and misc install materials
Labor for new wire, re wire, and installation
Programming of new cameras into existing VMS server
OTY
4
4
4
4
4
1
1
1
1
Part#
1.0MP-HD-DN
DOME-OD-BASE
LC3810TA
DOME.OD-PEND
AVGUC
CONDUIT
WIRE
LABOR
PROG
Scope of Services: IFSS will provide new CCTV cameras at the referenced locations per the request of Security. These cameras are to be
added to the existing network infrastructure and recorded by the existing servers. IFSS has included the integration of these cameras along wit
new storage to ensure that video is stored for an acceptable amount of time. The existing system and its warranty will remain intact as IFSS is the
authorized intearator to the EYW site.
Security and Fire Alarm Interface for Customs Facility
Security interface panel for door release
Amplifier for paging and voice evacuation
Notifier 8 amp NAC booster panel.
Notifier photoelectric smoke detector
QTY
1
1
1
18
Part#
NFS2-640
DAA75
FCPS24-8
FSP-851
IFSS tnc.
Confidentiallnfonnation
7857 Drew Circle Suite 15
Fort Myers FI 33967
Voice (239) 415-4374 fax (239) 415-4378
EC0001085
30ffi
Integrated Fire and Security Solutions
4
22
10
15
25
2
1
1
1
1
1
1
FST -851
B710LP
NBG12LX
SR
P2RK
7AH
CONDUIT
DEMO
ENG
PROG
WIRE
LABOR
SYSTEM QUOTATION
Notifier thennal heat detector
Notifier base for smoke and heat detector
Notifier addressable pull station
System Sensor strobe only appliance, red
System Sensor speaker strobe appliance, red
7 amp hour batteries for new nac panel
Conduit connecting to Bag make up building
Demolition of existing equipment and wire
Engineered drawings
Programming and certification
New wire for devices and building connection
labor for new wire and install
Scope of Services: IFSS will provide fire alarm as an extension of the new terminal's control panel. As a code requirement the access control i
the CUSTOMS facility is required to release the secure doors in the event of a fire for "free egress". In the invent of a fire any and all individual
must have free egress of the building by any means deemed and "EXIT' door. Currently this feature is not utilized in the CUSTOMS facility.
Additionally the ARFF facility no longer has the capabilities to monitor the condition of this control panel, this will be resolved in this phase As thi
an extension of the new control anel in the terminal, all warranties and service contracts shall sta in lace as IFSS is currentl u holdin the
QTY Part# Access Control Additional Bag Storage Door
2 HID Prox Proll HtD prox card reader out door rated
1 lNL 1320 lenel dual reader board
1 SDC1571 1200lbs mag lock with DPS
1 CONDUIT Conduitfor card reader, maglock, and rex motion
1 WIRE New wire for devices
1 LABOR labor for new wire and install
Scope of Services: IFSS will provide and install access control on the above mentioned doors per the request of Security. This is an addition t
the existing system. All wire and devices to be installed new. IFSS will edit the existing database to add the above mentioned doors into the
existin s stem. All warranties shall remain intact as IFSS is the warrantin contractor for the existin access control.
Notes:
1 All work to be done during working hours that are non intrusive to the airports schedule.
2 Standard warranty from beneficial use on installation and equipment is included.
3 No overtime is included in this quote.
4 The above listed equipment shall be provided, installed, programmed, tested and certified by IFSS.
5 No permit fee's are included in this quote.
6 IFSS will train onsite personnel in using and operating the provided system.
7 This proposal is only valid for 45 days, with out written authorization from an I FSS Officer.
8 AII120v is to be provided by others.
9 Bill of materials as provided is for bid purposes and is subject to change during the engineering process.
10 IFSS has included the necessary E.U.L.A (End User Licensing Agreement) for extension of service agreement with LENEL.
111FSS is authorized by all manufacturers it is representing within this proposal to perfonn services on such equipment.
12 This proposal is design build by IFSS per numerous meetings and conversations with EYW.
7857 Drew Circle Suite 15
Fort Myers FI 33967
Voice (239) 415-4374 fax (239) 415-4378
EC0001085
IFSS Inc.
Confidential Information
40ffl
Integrated Fire and Security Solutions
SYSTEM QUOTATION
INTEGRA TED FIRE & SECURITY SOLUTIONS, Inc
7857 Drew Circle Suite 15
Fort Myers FI, 33967
Voice (239) 415-4374 fax (239) 415-4378
EC0001085
Project:
Customer Reference:
IF Fire & Security Reference:
Date:
Sale Price:
INTEGRATED FIRE & SECURITY SOLUTIONS Terms and Conditions of Sale
1. UMlTATION OF WARRANTY: pu",""..r und....tand. lh.t IFSSI is not on I,,"u,.r. Subject tD tho llrril.~ons below. IFSSI W1IrronlS th.t tho Produd .. d;sllngulshod from SofMOr.)
be rroB from defects in matarialnoo wDr1ananship-under normal use for 3 pedod .01000 yoorfromthe date of first booefic:ial use of alE or any part cfthis Product or 18 months aflftr Product
shiprOOm whidlovQris earHe-r providod, howe-vor, that IFSSI sola liability, amS purchaser"Si solo remody. under said warranty, hul bu linitod ~O tho ropairor reptacornent of any Product,
orp3ft theroof, which IFSSl dcJtarnnus to bo dofcctivD at IFSSf solo .optian 000 subjod to too uvai!:3bili'l'J OfSDIVD porsonncl and pal15, as detarminoo by IFSSI. IFSSI warrants
expendablo itams Including, but nOl~imited tD. \lk!sa- and plfntheads, lalavision CSI118r:& :lubeS" yjooo monitor drsplay tubes, balt8rios and certain othl1r products in Bccon::l!3ncowi1h the
applcablc manufach.Jror's wl3rranty, 1FSSlodoes not WIiIrrant dOlrices designed to fail in protecting a system such 31., but nOllnitad t.o fuses am circtlt breakttrs, 'IFSS('warrant5 that any
'IFS61' Softwaro described in UlI5 Agmal'T'tl:tnt, a-s woll 851hnt Softwow contained In ()(sold as part of any Product dO'$Cribod ~n this .A(Jree-ment. will reasonubty conform to Us published
specifications in effect atthe limo of doUvcry and for n1ne:y (90) dayS after dolivorj. Howcyor, Purch3st!r agrees nod acknC'Nledges th.at lho Software.may have Inherent dofects because of It;
C<ImploKily. 'IFSSI' solo obig.ti<>n with r.spocl fD So_ro..nd p""'h...... solo r.mody. stloll bo l<l moko .Vllil.blo ll<lbl;shod modilications. d..lgnod to oorroctlnh.r.nldDfoc!s, whl<:l1
bocDmo ...i1abla dunng tlle warronly pono<t
2. VAUDITY PERJOD: 1l1. priC<l quot.. p'DYidod aro ..rod 'or3D days ,,"loss Dlhorwi.. .potilod in Wllfing by 1FSSI'.
3.INlEGRATED FIRE & SECURI1Y SOl.UTIONS: Purch..... <llhOlSogrooslhaf 'IFSSI' off.", """",,.,...ls Df solVie...nd th01lh. Purch....., anor ....owing tho ..mo. h.. eolllt8Ctod.,.;lh
1FSSI' tlJ porfoml DnIy!he serviee.doscribDdIn writing in this Agtoomcnl.1FSSI'''''rios i.bllity fDtn'UllOflals, suppil.sorWlllk providod by other POJSCl1.. UnI..ssp<>el1ico11y oonlrBclo<I
for. 'IFSSI' oomes.any 5uporvmory rola and this Agroomont shal notcommct lFSSl'lll any suporvlsory {olO, i:rduding. but notnrrrted to tho pkLC8lTlootot10uUng OffU'I)' w1r05 or othor
Produtt.lf1hi$ Ag.rocment indudos a quote for MonitorinQ Services to be stlpplied by IFSSI'. purchosor ogroos tor hlrmDlf, and any aseiglWes to thm Agroomemttlat 'IFSS1' shall have
no duty to penoml sueh Manllaring S-DlVices until and unlo&s thu P....rchaser, and any asslgnao incJIJding but not imiloc::J to thD end-usor, agroo to. and sinn II 1FSSI' Mc-nitoring Agreement
opprDYod and oignod by Dnd signod by an .uth()fjzod ro","..ntaliv. of 'Il'SSI'
~. CANCELLATION: Arty ..ncoHlIlion """too mad<lln wriUng. R.cognlzing \hot'IFSSI' domogos arloing frllm""ncouation.,.;1I 00 difliculll<l OStimalo or d<llCnrine,lhc fIllllnving chan[lO'ohon bo
oonstruoo. G5liquida1Bd damages repma:nlfng an BptJfllI:lmaUon ofthD administratNe. ungloo-orino.:and other costs 'JFSSI' will iicbJ8.11)' Incur In reliance upon th.is Agreement and nolas a
penalty: ~f, poor to shipmonl. purchaser cancDls fhi5 Agreo right 10 any pal1ion theme-f, for any M850n not stbibutable to 1F581', Pumhasaragr&9S to'p~ "IFSBI' an amount equal to 2O%-of
tho prieo of the products cancelOO if the clIDcolaUcn OCCIJI'S more than 21 days anerolFSSI' rereives Purchaser's order or Purd1zBf acc;GptS this Ag(aOOlettt. lfPurchas-crcanccls 3ftor
shipment. pUrch...r OIlrODS to poy tho abDvo 20% of lho priee oftho producls conoollld, rcblm tho produc!s alrood\' .t-dppod. .nd to PIrf 'IFSSI'.n additional_moun! OQuol to 30% of tho
valuo of tho rotumed produet5 tD coyer tho astirnntoo coots -oftt:aO$porta1ioo and restocking.
5. UMITATION OF REMEDY: It Is und....l<l<XI.nd <Illroed !het,in.. Ills lmprocticolond ..rro"",1y dillieu" to n. nebl.1 <fomogos.lf any, or ....rtolnwhot. it .ny, ponion Df.ny lOllS Df In;.uy
WDulcl bo """,imotoly ..used by!l1o failu'" of 1FSSl' Prodtlcl.ndlor SolIworo I. .pamt.. or 10 opomt. proporl!!. Dr 'IFSSI't. pcrfomlOny of ito obligollons ",soNlcos dosalbed haroln.
UNDER NO CIRCUMSTANCES WILL 'IFSSI' UABIU1Y FOR ANY DM4AGES, INCLUDING BUT NOT UMITED TO THOSEARlSING IN ANY WAY OUT OF THE INSTALLATION USE
DESIGN OR FUNCTION OR FAlLURE TO FUNCTION OF ANY PRODUCT AND SOFTWARE SOLD BY 'IFSS1'. BE INEXCESS OF lHE PURCHASE PRICE PAlO FOR lHE PRODUCT,
SOFTWARE AND/OR SERVICES. lHlS SUM SIiALL BE lHE PURCHASER'S SOLE. A COMI'LElC AIIID EXCLUSIVE REMEDY AND SHAlL BE PAID AND Rl:CEIVED AS UQUIDATED
DAMAGES OR A UMITATIONOF UAB1LITY AMOUNT AGREED ON BY lHE PARTIES AND NOT AS A PENAL1Y.INNQ CIRCUMSTANCES WLL 'IFSSI' BE HELD LIABLE FOR ANY
CLAIMS. LOSSES. DAMAGES OR INJURIES ARISING FROM OR CAUSED BY THE PURCHASER'S OR ANY OTHER PARTY'S MATERIAL, EQUIPMENT, ACTIONS. OR OMISSIONS.
If Pl,:1rehaserwl-shes.IFSSI' to Inereaoo the amount of tho- obovo UrnilAlion Df Eabinly Dr Iquidaled damages 9R1Otlotstated in this Al}rsement, Purchaser may mqufro about obtninlflg an
Increase to this amount in exch9ngliJ for an Increased purchMe or contraet prtce-. Und-or no circumslaneesVriltan inCfeaso kllho plJrchB~-or.conb'Bct price be .construed Io:mesn that 'JFSSI' is an
insurGr otthat tho obigatlons ofottaining and maintaining Insumnco um not with the Purd1aser"
a.INSUAANCE OBUGA1l0NS: It is understood and agroed b'f thu PurcthJ;SOt' that 'IFSSJ'ls not an insurer and (hilt It is. tho Purdl.osefs -oblignli.oo to obtain and msinlarn any jnSUf8rleG covarfng
.ny IDs_ lD proporty Drpo...onollnjll.., or..... olhordomagowlllch may ..""r.tlhc pr.".;...wh.... tho 'IFSS" Produol. SOIlwB'" DrSONIccs. Which frlltlle basi. otlhisPilroomcnt ora
dol:lverod, asso-mblod. InstaH&d, U!iod. or portormed. Tho Purchaser Il.QfBBS to Ust '~FSSI' as: an additionallnsurod on aU such policios and to provide 1FSSl'.o Cl)'fIf Dfthe C€lrtifica'm of
Insumnoo upon ruquest. Purchos.ar furtharag-mos thDttho Certificate of In-sumnce shall contain 8 provfdon that oovamge alJordud undur the policies wm not be C9ncaled Dr mal8lially uttorod
until B11e..ttt-drty (30) days .notwriU.n ""fee is giv.n to 'IFSSI".
IFSS Inc.
Confidential Information
7857 Drew Circle Suite 15
Fort Myers FI33967
Voice (239) 4154374 fax (239) 4154378
EC0001085
5of6
Integrated Fire and Security Solutions
SYSTEM QUOTATION
7. WAIVER OF SUBROGAT10N: Purchasor does horGby for ils-01f and all other parlioc cl3lrring :under it release and d&ctuuge 'IFSSI' from and ogDlnst an h8zaros; coverod: by Purchasor's
insur.anCDc tt beino o~pr05S1y agreed nod undorstood that no insumnce company imurur, or any othor lhird party will h.WD any liQht 01 subr-ogatioll agalom 1fSSI'.
8. LlMlTAllON O~ ACTIONS: The Porchasorhoroby ngmos lh.atnQ ckl'!m, suit or action of any kind shall bo brOll!.lht 8{)olnsl'IFSSI'.ltsDgorr5, cmploYEH::s, anlj/orofflcors more than one-year
sft.ertM claim ari5eG, wtlether blown. Dr un'knQwn when thD dalm arises, provided hOW'ovor. thot It thoro Is a cl8i:m. suit, or cause of adlon wising undorthe Warranty, it must ba brought. Kat all,
within six ITIOI11:hs o-t fJJl:piral:iOll of tho Warranty period stated abo\l'D. This dause Is in no way to bu jmarprotod il$ an e:rlan'Sioo of thD Express Warranty s'latDd in parn.ornpl11 liIboYa
9. DRUG FREE WORKPLACE POLICY: 'IFSSI' h.. a WIiU.n drufl fro. worl<ploc. poroy .....U.ble tor review by writton roqu..t.
10.INSTAI..\.ATIDN:Tho inst.IIaUon of.1T}' Product is NOT INCLUDED "nlo.. spec;rco"Y pro,;dod ror in thi. Agre,"""nt.
, 1, ilTtE:Tho S(l!1WaID and. any rolovont Product as dDScnbod In thls,AiJroamem sholl remain lho personal property oflFSSI ,avon Itattnchoo to fOalty or Olhor property. Cus~omorshaU OOl561I,
assJgn, cncumboror removo the ProductofSonware wiloout thD poor writtan consonl of IFSS1. Custom.,.. sholl porf.orm oJl necessary acts lo preserve and pfOIOet. tho right. titlo and intDrost
of IFSSlln thD produCland S0ftw8ro Including but not Iirritod to s~nlOO llI'ly Imlncing smtemonts Of othlKdOCUmonts roql,lO'Stoc::l by IFSSI Df its ogen1S.IFSSl mDy inspBCt tho product
and Sc.f1warD during nonna~ bu!=iiOfli~ hours and may aim: labaLs ornotloos of ownership on the Product ilInd Sl'Jftwara.
12. FORC~ MAJEURE: IFSSI.hol ""t bolialll. ror .ny loss or damage of a IT}' kind r..ullUlg ftomdolay, inabiityto doivor, orinstai, o,to po~orm .ny other""'" undorlh;s Agreement.n
account cf firo. flood, looor -probloms. access to promises, acclOOnts-, ilet$ Qf civil or mlllor}' authoritios, acb ofGDd, orfrDm any olhar causes beyond IFSSI oornfol.
13. DRAWINGS' An dIllWiI1{l' onwiro dilillmrns provided by lFSSI In connootlon v.illlllll. Agroo""'n!.'" prOloctod undor United Stote. C"l'Yl19llt Lows ond protosslonat Int""ded.oIoly for
U1CI use ortl'l:e In$loHing conlmdoras a {tfl'naml guil1a forth.e inslaia'lion ofth-o :SyslDrn. ThoOOo drawings and wire diDgmms .ora prepared in accOlOOnce'With tho project plans; and specifi-caUons
available toO IFSSl at tho time of the bid: and arB NOTintendod to bo System dGS(J" or approval documonls.IFSSL Is not a d05ign profDssiolllllt Under no circUlTlritanoos is any clause Ql this-
ag.momont or;ny actions taken by lFSSI too bo construed In such a way as to rmpose upon IFSSI OleduGos orllalilitios ofadesign+
14. CHANGE ORDERS: This Agroo"",rn can be modiflod, .mendod or.n.red only by an Allreemont In wri!lI1ll, signed by oolll ""J1f.. or lh";fduly .ulheo>:OO roprosontative..
15. SOFTWARE l1CENSE ANO USE: Softwaro Products proVided by IFSSloro Iicaoooo. not saki, In the Customer. Cusromar has (J.nly a non..axcluslvD, non- transfa-rabla license to U$D the
ooItwaro rUooooa'}.IFSS[ rDtmn:i ~ll righ~. Utle and intCJf-osttD tho Sottwaro.ln soma cas.8$. E FSSI may hava a right to ro-licen60 tho Sortwaro.. 'Software'shan moan any p.art DrSoRware
prevldod by IFSSlln m.chlno rolldoolo from indioo18d on this Flgr.."",nt .r conloinod in olT}' IFSSI Produot IndiClltQd On tills .gr..morn to O<dorod .ubsequOrllly,.1T}' mOdifilld vnon.
and 011 ralatoddoaJnNl:ntati.on. CustomcrshaD lJ:Setl'1e Softwurc only on the Product and allttlie Prodtlcl Slte lis-ted hQroin. MySoftwore received by Customerst any time Is subj"oot to-this
agraomolit. ThO' Uccns.c term begins upon dclvDry of Uto Software and continuos unlit Ule ~nt uoo of the Software-with tho: Product, unless tennlnatoo IFSSI maytonninato ttis Ucon$e if
Cuslum",. (1) F.il.to po~onn ooy obligotlon uodor tIlo ,I\lJreo""'o~ (2) """...lo do busll1..... 0 going ooneom; (3) h.. Its .....IS ..slgnod ora!lllcl11ld by law. IMthln live (5) dayo .flo<lh.
Ucmse te-nnina'lCS. Custom<< shaU, at Its Mpense. reium tho SofWaro to IFSSI and dostroy all COPC$ of lho Software, induding memory or storage copes.
16. PROTECTION AND NON~mSCLOSURE: Customoc shaH f08ifltBlo tho Softwore In strid oonfidenca and shalrd~clD'ii& it only to its o-mployaest9Quiring aC{;(l$s. CtJS10marshall imp:foment
adequate procedures conlrDl"ling UGOOSS ~o and usa Oflho-Sollwaro consis.tentwi'ih tha protocticn orlFSSI rights. Cus10mermay dlJplcate Software only for fnlomal usn on ~ho Product
o"""rli"11ll1O lFSSIII1ll1nJotions. ThO tFSSI
SHAll BESUBJECT TO THE GENERAL TERMS AND CONDITIONS CONTAINED HERE
Orllo< By:
Inlegraled Fire & SecurtlySohrtion.
7B57 DrewCirde Suite 15
Fort M\'8rs FI, 33\167
Voice (239) 415-4374 tax (239) 415-4378
Repn>Seo18tive Name: Justin Pot"""n
Repr...on18tive Signalure:
Ae<:eptod By:
Company Nome:
Addnlss:
o.ta:
512/2010
Representative Name:
Repr""Of118tive Signalure:
TiU.:
P.O.#:
Dale:
Sale Price:
IFSS Inc.
Confidentiallnfonnation
7857 Drew Circle Suite 15
Fort Myers FI33967
Voice (239) 415-4374 fax (239) 415-4378
EC0001085
6of6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19, 2010
,
Division: Employee Services
Bulk Item: Yes X
No
Department: Benefits Office
Staff Contact PersonlPhone#:Maria Gonzalez X4448
AGENDA ITEM WORDING: Approval of Employee Assistance Program contract with Horizon
Health, an Aetna Company.
ITEM BACKGROUND: The County provided a request for proposals in January and received 2
Proposals. The current contract expires May 31,2010.
PREVIOUS REVELANT BOCC ACTION: At the May 20, 2009 meeting the Board approved the
last renewal of the current contract.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
(approx $33,696 yr)
TOTAL COST: $2.16 pepm INDIRECT COST:
BUDGETED: Yes X No
COST TO COUNTY: $33,696
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes .tJo X A. MOUNT PER MONTH Year
!\t'/ ~. --
APPROVED BY: County Atty ~ O~urchasing _ Risk Management_
DOCUMENTATION:
Included ~ To Follow_
Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Horizon Health, an Aetna Effective Date:June 1,2010
Company Expiration Date: May 31, 2013
Contract Purpose/Description:Approval of contract for one year with option to renew for an
additional two years.
Contract Manager:Maria Fernandez-
Gonzalez
4448
Employee Services
(Name)
(Ext. )
(Department)
for BOCC meeting on May 19, 2010
Agenda Deadline: May 4, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $33,696 Current Year Portion: $_
Budgeted? Yes[8J No D Account Codes: 502-08002-530340-__
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
Date In
~~
L\/ dZ/( J
Changes
Needed
YesD NoW,
YesD Nod
YesD NO~
Date Out
Risk Management
plu---
O.M.B.lPurchasing ~ID
County At~rney ~\IJ
f~t.NjJ
~.IO,
4~~
L\:~IQ
4-;)8-(0
YesD NoD
Comments:_
OMB Form Revised 9/11/95 Mep #2
O,~~;,Y ~o~~~~E
(305) 294-4641
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
r.'~'''---
Office of the Employee Services Uh-i"ion Diredor
The Historic (;ato Ggar Fadory
l100 Simonton Street, Suite 268
Key West, FL 33040
(305) 292-t-t..58 - Phone
(305) 292-t56-ct - Fax
(;-. ~
~.'n;:, :c.~.
" .(..
~ r .
, ~
~ ....-- ~...' ~ ,
, -~ ,--~.; .'._~ f}
~.~::-.~-: ...:r-:r ":.--,
'. ",'
TO:
Board of County Commissioners
Teresa E. Aguiar, A ~ if /'
Employee Services Dire~\-/
FROM:
DATE:
April 26, 20 I 0
SUBJ:
Approval to contract with Horizon Health, an Aetna Company.
This item requests approval to contract with Horizon Health to provide confidential counseling services in
the lower, middle and upper keys for employees and their dependents.
The purpose of an Employee Assistance Program is to improve the psychological health of the employees
or dependents experiencing problems which mayor are currently affecting the employee's productivity.
Individual problems can range from need for information on child care to serious difficulties with alcohol
or drugs. Other employees will also benefit by being part of a safer, more productive workforce.
This contract provides confidential counseling services, on site periodic seminars, orientation sessions,
printed materials, 24 hour website access, 24 hour/seven day a week live confidential telephone service,
Fitness for Duty Evaluations and other related services.
The RFP received 2 proposals and it is believed that Horizon Health is the best choice of all the Proposals.
It is recommended that the BOCC approve the contract for the period of 6/1/1 0 - 5/31/11 with the option
to renew for two additional years. If you have any questions, please do not hesitate to contact me at 292-
4458.
In t eri s k Corporation
Consultants ~ Risk Mgt.& Employee Benefits
1111 No. Westshore Blvd., Suite 208, Tampa, Florida 33607-4711~tel: 813-287-1040
DATE:
March 22, 2009
TO:
Teresa Aguiar/Monroe County
FROM:
Lawton Swan Ill/Sharon M. Jakobi
RE:
Report on Proposal Evaluation of Employee Assistance
Program for 20 10
Monroe County began an Employee Assistance Program (EAP) on June I, 1997.
A Request for Proposal (RFP) for continuation of those services was issued January
15, 2010. Two proposals were received in response to the County's RFP. One was
from the incumbent provider, Horizon Health. The other proposal was received
from Deer Oaks EAP Services, LLC.
Interisk has reviewed the two proposals received in response to the RFP for
Monroe County's EAP. The review included an analysis of services provided, the
size and quality of the provider, network in Monroe County, information
requested in the RFP and cost.
Both proposers stated they will comply with the County's request for 24/7 live
response telephone system, management, supervisor and employee meetings
at three of Monroe Country's locations, insurance requirements and forms
required by the County and the sample contractual agreement.
Specifically network treatment locations, benefits, utilization and category
reports and billings and cost including rate guarantees are commented on
below.
Deer Oaks EAP Services LLC
Deer Oaks has (8) providers in their network in Monroe County divided between
the lower, middle and upper Keys. They can provide the benefits in the Scope of
Services, including Fit to Work Evaluations. Their utilization reports and billing are
monthly. The rate is $2.12 PEPM for eight (8) sessions - per problem. The rate is
guaranteed for one (I) year. The total monthly premium based on 1,300
employees is $2,756 with an annual cost of $33,072.
They referenced one current Florida client in Cape Coral, FI.
Horizon Health
Horizon Health has eight (8) providers in their network in Monroe County divided
between the lower, middle and upper Keys. They can provide the benefits in the
Scope of Services. In addition to the proposal submitted regarding Fitness for
Duty evaluation it was confirmed with Horizon Health as being included in the
proposed rate.
As the current EAP provider, their utilization reports and billings would continue as
presently provided. The rate is $2.16 PEPM for eight (8) sessions per issue and the
rate is guaranteed for three (3) years. The total monthly premium based on 1,300
employees is $2,808 with an annual cost of $33,696. Horizon Health provided five
(5) references in the State of Florida.
Summary
While Deer Creek's rate is slightly lower than Horizon Health, they only referenced
one client in the State of Florida and their rate of $2.12 is only guaranteed for one
year. We believe these terms are not as advantageous as Horizon Health's
proposal.
The Horizon Health rate is slightly higher by four cents ($.04) than Deer Creek's
rate amounting to a difference of $624.00 annually based on 1,300 employees,
we believe is justified based on improved contract terms.
The County reports that Horizon's service has been satisfactory. The advantages
of continuing with Horizon Heath include the three (3) year rate guarantee; the
familiarity with the Monroe County's account and needs and it will not require a
transition to a new provider that incurs time and administrative issues.
We recommend that Monroe County accept the proposal from Horizon Health,
their existing provider for the EAP services.
We are available to discuss your questions or comments.
Page 2
t(fGj-izon
~ tlealth
April 21, 2010
Monroe County BOCC
Attn: Teresa Aguiar, Division Director
1100 Simonton St (Gato Bldg), Suite #2-268
Key West, FL 33040
Dear Ms. Aguiar,
Enclosed please your original Renewal Agreement between Horizon Behavioral
Services and Monroe County Board of County Commissioners, for the provision of
EAP services. If all elements of the Agreement are satisfactory, please sign the
Agreement, and return one fully executed Agreement to the following address:
Horizon Health EAP Services
Attn: Jennifer Smith, Contract Department
2941 S. Lake Vista Drive
Lewisville, TX 75067
If you have any questions regarding your EAP service, please contact Lindsey
Novinich, Account Executive, at (407) 571-7651.
Sincerely,
1cv .r'~. 'v~{L
?f~.....
Jennifer Smith
Contract Assistant
Enclosure
2941 S. Lak~ Vista Dm~ LeWh\'i1Je. 1 exa~ 750(,7
CONTRACT AGREEMENT
These contract documents should be used only after consultation with counsel. The documents
are not intended as legal advice appropriate to any specific situation, nor do they purport to
address all issues which may arise between the contracting parties. The documents should be
amended or supplemented where appropriate.
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
FOR EMPLOYEE ASSISTANCE PROGRAM
THIS AGREEMENT is made and entered into this \ '?J\ day of jUt0G , 2010, by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and Horizon Health, an Aetna Company
("CONTRACTOR"), whose address is 2965 W. State Road 434, Suite 200; Longwood, FL
32779.
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner certain
duties as described in the Scope of Services - Exhibit A - which is attached hereto and made a
part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. 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 Agreement documents. The
CONTRACTOR shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. Contractor shall provide
services using the following standards, as a minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship
with the County. To the extent that Contractor uses subcontractors or
independent contractors, this Agreement specifically requires that subcontractors
and independent contractors shall not be an employee of or have any contractual
relationship with County.
C. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under State and local law
to perform such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available information as to the COUNTY'S requirements.
2.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all
matters concerning the EAP.
2.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TERM OF AGREEMENT
3.1 The initial Agreement term will be for one (1) year beginning the 1st day of June, 2010
and renewable at the County's option for two (2) additional consecutive one year terms.
3.2 The terms of this Agreement shall be from the effective date hereof and continue for a
period of one year. This Agreement shall be automatically renewed for successive one-year
periods until either party gives the other notice of cancellation in accordance with the terms set
forth below. The Contractor must provide the Contractor with at least ninety (90) days notice of
intent to terminate. The County must provide the Contractor with at least thirty (30) days notice
of intent to terminate. If either party desires to modify this Agreement, it shall notify the other in
writing at least thirty (30) days prior to the effective date of such modification. In the case of
proposed modification the party receiving the notification of the proposed modification shall itself
notify the other party within ten (10) days after receipt of notice of its agreement to the proposed
modification. Failure to do so shall terminate this Agreement.
Section 4. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Florida Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe
County (Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONTRACTOR must submit invoices to the Director
of Employee Services, who will review the request, note his/her approval on the request
and forward it to the Clerk for payment.
5.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe
County.
Section 5. CONTRACT TERMINATION
Either party may terminate this Agreement for cause on no less than thirty (30) days' notice
because of the failure of the other party to perform its obligations under the Agreement.
COUNTY may terminate this Agreement with or without cause upon thirty (30) days notice to
the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date
of termination.
Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response,
and this Agreement and has made a determination that he/she has the personnel,
equipment, and other requirements suitable to perform this work and assumes full
responsibility therefore. The provisions of the Agreement shall control any inconsistent
provisions contained in the specifications. All specifications have been read and
carefully considered by CONTRACTOR, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations
shall this Agreement be more strongly construed against COUNTY than against
CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
COUNTY, and its decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished
by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with
the terms of this Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives may
visit CONTRACTOR'S facility(ies) periodically to conduct random evaluations of services
during CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
2
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
Section 7. NOTICES
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:
To the COUNTY: Employee Services Division Director
1100 Simonton Street, Suite 2-268
Key West, Florida 33040
Tel. 305-292-4458
Fax: 305-292-4564
To the CONTRACTOR:
Horizon Health, an Aetna Company
2965 W. State Road 434, Suite 200
Longwood, FL 32779
Tel. 407-571-7600 or 800-272-7252
Fax: 407-862-1477
Section 8. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the agreement and for four years following the
termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Section 55.03, of the Florida Statutes, running from the date the monies
were paid to CONTRACTOR.
Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. 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.
3
Section 10. CONVICTED VENDOR
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 Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONTRACTOR,
supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
Section 12. 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.
Section 13. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court
costs, as an award against the non-prevailing party. 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.
Section 14. 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.
4
Section 15. 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.
Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement shall not be subject to arbitration.
Section 17. 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.
Section 18. 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. 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 in employment on the basis of race, color,
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 VI/I of the Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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.
5
Section 19. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 20. 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.
Section 21. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 22. 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.
Section 23. NON-WAIVER OF 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 Agreement entered into by the COUNTY be required to contain any provision for
waiver.
Section 24. 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.
6
Section 25. 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.
Section 26. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
Section 27. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include, but not be limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement.
Section 28. 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.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
Section 30. 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.
Section 31. INSURANCE POLICIES
31.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this
7
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, however
CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract 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 and/or termination of this Agreement and for damages to the
COUNTY. 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.
31.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
· Premises Operations
. Bodily Injury Liability
8
. 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.
31.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
· Recognizing that the work governed by this contract will not require the use of vehicles,
the CONTRACTOR will not be required to maintain Vehicle Liability Insurance
throughout the life of the contract.
31.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to 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.
31.5 PROFESSIONAL MEDICAL LIABILITY REQUIREMENTS
Recognizing that the work governed by this contract involves the providing of professional
medical and/or psychological services, the CONTRACTOR shall purchase and maintain,
throughout the life of the contract, Professional Medical Liability Insurance which will respond to
the rendering of, or failure to render medical professional services under this contract.
The minimum limits of liability shall be:
9
$500,000 per occurrence/$1 ,000,000 Aggregate
If coverage provided is on a claim made basis, an extended claims reporting period of four (4)
years will be required.
Section 32. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify, defend and hold harmless
the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and collectively,
from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of
any kind arising out of the negligent or intentional actions of the CONTRACTOR or substantial
and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall
be solely responsible and answerable for any and all accidents or injuries to persons or property
arising out of its performance of this contract. The amount and type of insurance coverage
requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity
set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her employees,
contractors, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent contractor the CONTRACTOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes, ordinances, rules
and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi-public agencies.
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(SEAL)
Attest Danny L. Kolhage, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Pnnt Name
Date:
OR TWO WITNESSES
(1 )1t~~{1::))~i~c,
(1tJ~IF~ 5fVlIT'-i
Print Name
Date:
~ - 8-JO
Board of County Commissioners
of Monroe County
Mayor/Chairman
By
~\~,::L3~f:E.__~_
Print Name
Date:
~-R-/l)
(2)
(2) ALl SA JOl-f1.,J:50f'..-}_____
Print Name
Date:
'-/ -8 -10
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EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES FOR EMPLOYEE ASSISTANCE PROGRAM (EAP)
The EAP shall provide mental health assistance to County employees and their eligible
dependents in the form of individual counseling services in a number of areas, ]educational
group seminars, management orientation sessions, prepare reports, and other related services
as set out in the Scope of Work below. The initial contract term will be for one (1) year and
renewable at the County's option for two (2) additional consecutive one year terms.
SCOPE OF THE SERVICES TO BE PROVIDED BY EAP
At a minimum the services provided by the EAP shall be provided to all employees and their
eligible dependents. County employees are the employees of the Board of County
Commissioners, the Board members, the Constitutional Officers and their employees. Eligible
dependents can include household members as well as dependents eligible for health care
coverage such as college students.
The services shall include:
(A) Individual counseling services that include but are not limited to:
At least a total of eight (8) face-to-face counseling sessions shall be available to an
employee and eligible dependents during the contract term. If the eight (8) sessions are
exhausted and the problem has not been resolved, the Proposer must explain other
treatment options. If the problem is not covered by the EAP, the Proposer must refer the
person to a provider who can furnish the service(s) needed preferably by a provider covered
under the County's health plan.
B) Educational Seminars and Training:
· The EAP provider is required to provide 9 total hours of educational group
seminars at least annually at each of the three locations. The County may select
from the followin to ics:
EAP Workplace Seminars for
Employees
Boundaries in the Workplace
Building Successful Teams
Career Planning Due to Lay-offs (1.5 to 2
hours)
Coping with Organizational Change (1.5
hours)
Coping with Shift Work
Creative Skills for Dealing with Job Burnout
"E-Etiquette": The Everyday Courtesies of
Email Communication
Effective Communication at Work
Excellence in Customer Service Generational
Differences in the Workplace
Negativity in the Workplace
EAP Workplace Seminars for
Managers
Behavior-Based Interviewing
Change Management for Supervisors and
Managers (1.5 Hours)
Leadership
Managing Organizational Risk During RIFs
(1.5 Hours)
Meeting Management
Mentoring Through Coaching
Recognizing and Motivating Employees
EAP Personal Improvement
Seminars
Assertiveness
The Balancing Act
Battlin The Blues
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Respect in the Workplace
Transforming Conflict into Collaboration
Understanding Learning Styles: A Handy
Workplace Tool
Working with Different Personalities
Family Life Seminars
College Planning/The Parent's Role in the
College Application Process
Communicating with Teenagers
Domestic Violence Awareness
Elder Care - Where Do I Begin?
Grandparents & Adult Children: Exploring
the Joys & Challenges
Improving Communication with Elderly
Parents & Relatives
Parenting Skills
Perspectives on Disability: In the
Workplace & Community
Selecting Child Care
Taking Care of Yourself as Caregiver
Talking to Your Kids about Drugs and Alcohol
Wellness Seminars
Emotional Eating
Fitness and Nutrition
Healthy Living Tips
Living Green Made Easy
Smoking Cessation (1.5 - 2 Hours)
Taking Sleep Seriously
Legal Seminars
Estate Planning/Wills/Trusts
Legal Issues for Older Relatives (Or Disabled
Family Members)
Powers of Attorney/Advanced Directives
("Livinq-Wills")
Coping with Grief and Loss
Dealing Effectively with Change
Dealing with Anger
Dealing with Road Rage
Goal Setting for Life and Work
Healthy Boundaries in Online Relationships
Keeping our Children Safe
Keys to Successful Aging
Response Management: Building Skills to
Handle Life's Pressures
Retirement: Are You Emotionally Prepared?
Skills to Help You Cope During a Crisis
Social Networks for Healthy Living
Surviving the Holiday Season
Stress Management
Stress Management for Law Enforcement
Officers (1.5 Hours)
Stress Management and Achieving Balance
at Work and Home (2 Hours)
Time Management
Financial Seminars
Adjusting to Your Adjustable Mortgage
Getting and Keeping Good Credit
Home Buying Strategies
Identity Theft: Prevention & Resolution
Life Stages Retirement Planning
Money Basics: Spending, Borrowing &
Savings
Roadmap to Retirement
Tips for a Tax Smart Future
Understanding Health Savings Accounts
(HSA's)
Understanding Investment Basics
. The EAP provider is required to provide 12 total hours of management
orientation sessions providing an EAP overview at each of the three County
locations annually:
o The management training sessions show the managers how to use the
Employee Assistance Program as a management tool to return their
subordinate's performance to acceptable levels. Instruction in how to
make referrals, what limited information to expect, how to observe
behavior, etc. are detailed. These sessions range from 1 hour to 1.5
hours each.
. The EAP provider is required to provide non-management orientation sessions
providing an EAP overview at each of the three County locations as needed
annually:
o The non-management employee orientation sessions describe, in detail,
how an individual may voluntarily and confidentially use the service. These
sessions range from 45 minutes to 1 hour each.
. Twenty (20) hours of Critical Incident Stress Debriefing Training per incident:
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o Horizon will make available to Employer, upon Employer's advanced written
request, at Employer's premises, an EAP Provider to provide crisis counseling to
Employer's employees in the event of a catastrophic incident affecting a group of
employees (e.g. robbery, assault in the workplace, employee death in the
workplace, natural catastrophe affecting the workplace, employee injury in the
workplace). Horizon will schedule a CISM at the worksite with a group of
employees directly impacted by a critical incident as soon as clinically necessary
following the traumatic event
. Three (3) hours of compliance training:
o These courses can help reduce risk and liability by reinforcing codes of
conduct, appropriate workplace behavior and maintaining compliance with
mandatory training regulations. Provides Compliance Trainings on topics
such as Department of Transportation (DOT) Drug/Alcohol Awareness,
Diversity in the Workplace, Drug Free Workplace, and Sexual Harassment for
Employees, and Violence in the Workplace.
In addition to the present EAP services, the following services will be considered:
. Webinars: A webinar is a web-based seminar delivered via a computer and
telephone. Attendees can participate from their personal computer or
attend in groups via a conference room or media room with the
appropriate equipment Webinars provide a way to deliver training to your staff with
minimal disruption to the work day. With webinar technology, satellite sites and staff in
remote locations have the ability to attend seminars that they otherwise might not have
been able to attend. A webinar can save the cost of having to send staff to a central
location or conduct multiple seminars to accommodate staff at different locations. Also,
due to the location of the facility or other contributing factors, a webinar can provide
the opportunity to have a qualified, content specialist deliver the topic. Any Horizon
training can be delivered in a webinar format, but there are certain types of trainings that
are more conducive to a webinar setting. "Information sharing" trainings are better suited
for a webinar compared to "Skill building" trainings. Examples of "Information sharing"
trainings include compliance, wellness, legal, or financial topics. "Skill building" trainings
can still be delivered in a webinar format, but the interactive pieces that make these
topics so effective could be diminished.
o On-site trainings/seminars and webinars are equal in the number of hours used
o Webinars can be recorded at no additional cost to the Employer and be posted to
the Horizon EAP WorkLife website for viewing by employees up to 90 days
o A recorded audio and visual EAP employee orientation is available on the
Horizon EAP WorkLife website under the MyBenefits section
o A recorded EAP supervisor training is available on the Horizon EAP WorkLife
website under the Management Resources section
C) Other Services:
· Supervisor and Employee Newsletter provided quarterly via email for distribution
to those covered under the Employee Assistance Program.
· Fitness for duty: Fitness for duty evaluations in the areas of mental health and
substance abuse consists of diagnostic interviews and evaluations by qualified
professionals.
· Management Referral Service: Provide consultation for managers, supervisors and
14
executive level personnel to make performance-based referrals within the context of
the employee assistance benefit.
· Supervisor Consultation Service: Provide consultation for managers, supervisors
and executive level personnel to consult with Horizon Care Managers about troubled
employees.
· Twenty-four (24) hour, seven (7) day a week toll free confidential telephone service
answered by professional staff. TDD and interpreters (for counseling sessions) are
provided for those needing these services. Counselors are skilled in handling a
wide array of issues including substance abuse and mental health emergencies.
This phone service will provide immediate assistance to the individual seeking
professional help.
· Twenty-four (24) hour, seven (7) day a week website access..... Online EAP
services for members and managers through the website,
http://www.horizoncarelink.com which includes online training programs, forms and
articles, assessments, library, news, legal and financial services and access to web-
based work life services.
· EAP Printed Materials: Upon implementation and as needed on an annual basis,
Horizon will make available standard EAP communication materials in the quantities
noted below, which are, designed to increase manager and employee EAP
awareness. Materials will be drop-shipped to Employer's corporate headquarters, or
an alternative site designated by Employer, for distribution by Employer to
employees. Any additional materials shall be at the Employer's expense and must
receive the written approval of Horizon.
o EAP brochures in a quantity equal to 120% of the number of Eligible Employees
for distribution at implementation and then as needed on an annual basis.
o Manaqer Updates in a quantity equal to 20% of the number of Eligible
Employees for distribution on a quarterly basis.
o Posters for display at work sites in a quantity up to 5% of the number of Eligible
Employees at implementation and on an annual basis.
o Online EAP Reminders on a quarterly basis.
o Other materials available upon request for additional charges.
· Utilization reports will be provided monthly and include at least the following:
o The number of employees using the EAP
o The number of individual referrals and the number of
supervisor/management referrals
o The number of males and females participating in the EAP. The number of
problems diagnosed broken into categories as designated by the County.
o The number of face-to-face meetings with County employees by category.
The number of employees who do not have face-to-face meetings.
o The number of telephone calls
o Number of hours of service by month
o Treatment results by category, along with numbers showing employees that
are:
· Currently in treatment
· Cooperating with treatment
· Completed treatment
· Referred out of the EAP and to another mental health care provider
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· Receiving after-care services
Qualifications Necessary for Provider
Counselors should have current credentials, licensing, training and relative experience in their
respective fields. A Masters Degree in the mental health care/counseling field is desired but not
required. Pharmacologic intervention must be evaluated and managed by professionals of the
healing arts licensed in the State of Florida that includes this scope of practice. Other desired
qualifications include training in substance abuse, working with both inpatient and outpatient
settings, and training in critical incident debriefing and stress management, diversity training and
cultural competency.
The EAP must certify at least annually that all staff members, independent contractors,
subcontracted work, if any, all service providers it uses, engages or manages, comply
with Health Insurance Portability and Accountability Act (HIPAA) privacy and security
rules.
Cost Requirements
EXHIBIT B provides a breakdown of the cost elements to the County per employee, per month
along with individual services included and not included in the per employee, per month rate.
Rates are expected to be guaranteed for all three years of the contract. All rates shall be billed
by invoice monthly in arrears.
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EXHIBIT B
CONTRACT BUDGET
The Services shall include the following at the following prices:
The Base Compensation is $2.16 per emplovee per month which includes eligible family members.
Eight (8) face-to-face counseling sessions.................................................. ...Included
Fitness for duty evaluations. ..................... ... ... ... ... ... ...... ... ...... ... ...... ...... .... ..Included
9 total hours of educational group seminars at least annually at each of the three
locations...................................... ................................................... ....... .Included
12 total hours of management orientation sessions providing an EAP overview at each of
the three County locations annually............................................................ .Included
Non-management orientation sessions providing an EAP overview at each of the three
Cou nty locations provided as needed annually........................................... .Included
Twenty (20) hours of Critical Incident Stress Debriefing Training per
Incident............................................................................................... ..Included
Three (3) hours of compliance training.........................................................lncluded
Unlimited Management Referral Service................................................... ..Included
U nlim ited Supervisor Consultation Service..................................................1 ncluded
Supervisor and Employee Newsletter provided via email for
distribution............................................................................................ .Included
Twenty-four (24) hour, seven (7) day a week website access.......................... .Included
Twenty-four (24) hour, seven (7) day a week toll free confidential telephone
Service................................................................................................. .Included
Monthly Utilization Reports....................................................................... . Included
EAP Printed Materials provided upon initial contract effective
date......................................................................................... ........... ...Included
Other services not included in the above are provided at the following fees:
Additional EAP Printed Materials:
Provided at cost to Employer for print and shipping.
Additional Training/Educational Seminars:
· Standard Trainings are available on-site or as web-based seminars, in which participants
view the presentation through their web browser and listen to the audio through their
17
telephone. Advanced written request will be confirmed by Horizon to include all fees in
connection with services provided, as mutually agreed to in writing by both parties.
Additional on-site hours will be made available at the rate of Two Hundred Seventy-
Five DoUars ($275.00) per hour/per clinician. Additional web-based seminars are
available at the rate of Two Hundred Dollars ($200.00) per hour/per clinician.
· Horizon provides Compliance Trainings on topics such as Department of Transportation
(DOT) Drug/Alcohol Awareness, Diversity in the Workplace, Drug Free Workplace, and
Sexual Harassment for Employees, and Violence in the Workplace. Compliance
Trainings will be provided at the rate of Three Hundred Fifty Dollars ($350.00) per
hour/per clinician. Cancellations within twenty-four (24) hours of requested service will
be charged a Three Hundred Fifty Dollar ($350.00) per hour administrative fee.
· Additional Critical Incident Stress Debriefings: Horizon will make available to
Employer, upon Employer's advanced written request, at Employer's premises, an EAP
Provider to provide crisis counseling to Employer's employees in the event of a
catastrophic incident affecting a group of employees (e.g. robbery, assault in the
workplace, employee death in the workplace, natural catastrophe affecting the
workplace, employee injury in the workplace). Advanced written request will be
confirmed by Horizon to include all fees in connection with services provided, as
mutually agreed to in writing by both parties. Horizon will schedule a CISM at the
worksite with a group of employees directly impacted by a critical incident as soon as
clinically necessary following the traumatic event. CISMs will be limited to a maximum of
twenty (20) hours per incident. Cancellations within twenty-four (24) hours of requested
service will be charged a Three Hundred Twenty-Five Dollar ($325.00) per onsite
hour/per clinician administrative fee.
· Reduction in Force Services: The process by which a work organization reduces its
work force by eliminating jobs, such as closing subsidiaries or departments. On-site
services could be either group process or onsite counseling or a combination of both.
Reduction in Force services will be provided at the rate of Three Hundred Twenty-Five
Dollars ($325.00) per hour/per clinician. Cancellations within twenty-four (24) hours of
requested service will be charged a Three Hundred Twenty-Five Dollar ($325.00) per
onsite hour/per clinician administrative fee.
· Grief Group Services: An on-site group that is facilitated by a provider to help
employees deal with a loss of a co-worker, employee suicide or homicide, family
member, etc. Grief Groups will be provided at the rate of Three Hundred Twenty-Five
Dollars ($325.00) per hour/per clinician. Cancellations within twenty-four (24) hours of
requested service will be charged a Three Hundred Twenty-Five Dollar ($325.00) per
onsite hour/per clinician administrative fee.
· On-site Counseling: An on-site counselor can be provided to assist with providing one-
on-one counseling in a confidential on-site office location. On-site counseling will be
provided at the rate of Three Hundred Twenty-Five Dollars ($325.00) per hour/per
clinician. Cancellations within twenty-four (24) hours of requested service will be
charged a Three Hundred Twenty-Five Dollars ($325.00) per onsite hour/per clinician
administrative fee.
*Travel fees may apply to on-site service requests. The Employer is notified of
applicable travel fees prior to services being rendered. All travel fees will be paid in
accordance with Monroe County Code sections 2-110 and 2-111.
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Horizon Health, an Aetna Company
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her 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."
__ J Date: 2/8/2010
. ,../
STATE OF: -1 15/-- 0\ ~ .
COUNTY OF: , f/y Lr&.il
Subscribed and sworn to;.~ o~r...a. ffirmed) before mee
-=-. L{ ~()f .
r .,-'"
(date) by \ r)C \ ~,er+-tameofaffiant).
cpe;--~~or has produced
(type of identification) as identification.
He/~
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NOTARY PUBLIC
My Commission Expir t~'l
~,.... ..~::
'iJ,~.i>f;.~'
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NON-COLLUSION AFFIDAVIT
I, Cindy Sheriff of the city of Lewisville, TX
my oath, and under penalty of perjury, depose and say that
according to law on
1. I am President of the firm of
Horizon Health, an Aetna Company the bidder making the
Proposal for the project described in the Request for Proposals for EAP Program Services
for Monroe County Employees RFP-PER-48-317-2010-PRR/CV and that I executed the said
proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening. dir~ctly 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;
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the tr h of the statements contained in
this affidavit in awarding contracts for said pro' c
Date; 2/8/2010
STATE OF:
':1~x. as
ore -h:;=rrl
COUNTY OF:
Subscribed a d sworn.to (or affirmed) beforr on.
~ q ~Ol .
(date) by l V L Ie
~~or has produced
(type of identification) as identification.
,~
(name of affiant). H~~)
My Commission Expir
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Section 287.087 Florida Statutes hereby certifies
that:
Horizon Health, an Aetna Company
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business'
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 or 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 tha is firm complies fully with the
above requirements.
Date: 2/8/2010
STATE OF:
to me or has produced
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for
CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted
vendor list."
Horizon Health, an Aetna
I have read the above and state that neither Company (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
Date: 2/8/2010
Subscribed
jJf~X c~
- ~ fL. ..- I. - 0 I (JC~/' ~O f D
s:vom(to (or affKTed) be,fo~ on ~ (/ kJ --.!--.. .
(lo <-, :>herJ~eOfaffiant).~sa~~IYknOW~-~--~
/. ~
(W,pe of
(L; 'v--.~
NOTARY PU
STATE OF:
COUNTY OF:
(date) by
or has produced
identification) as identification.
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My Commission Expire
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ACORDw CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
2/11/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis of Connecticut, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
185 Asylum Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
25th Floor
Hartford, CT 06103.3708 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Aetna Insurance Co of CT 36153
Aetna Inc. INSURER B:
and its Affiliated Companies INSURER C:
151 Farmington Avenue, RE2T INSURER D:
Hartford, CT 06156 INSURER E:
Client#. 83469
AETNINC
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COVERAGES
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER ".?,N~';:~8tW1E Pg~iJ(=t~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
-
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $
- o CLAIMS MADE 0 OCCUR
- MED EXP (Anyone persoo) $
- PERSONAL & ADV INJURY $
- GENERAL AGGREGATE $
GENt. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
I POLICY ri- j~& n LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (per accident)
I--
PROPERTY DAMAGE $
"'" (per accident)
RRAGE LIABILITY -~ AUTO ONLY - EA ACCIDENT $
ANY AUTO \1 OTHER THAN EA ACC $
~fY\ . \ ^ AUTO ONLY: AGG $
o ESSIUMBRELLA LIABILITY o ~ \ "\: ~~81 .. EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE 0 AGGREGATE $
Y- $
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I ;;{~.((;iJ;~s I IOJb'-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, descnbe under
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $
A OTHER Managed Care 88791410 02/01/10 02/01/11 $3,000,000 Per Claim
Professional $3,000,000 Aggregate
Liabilitv
DESCRIPTION OF OPERATIONS / LOCA TIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Occurrence Coverage.
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CERTIFICATE HOLDER
CANCELLATION
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monroe County Board of County Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3D- DAYS WRITTEN
Altn: Teresa Aguiar NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
1100 Simonton Street IMPOSE NO 08L1GA TION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Suite 2.258 REPRESENTATIVES.
Key West, FL 33040 Jrlt6REPRR:;;;::J t ~
ACORD 25 (2001/08) 1 of 2
#S273203/M271885
TZM
@ ACORD CORPORATION 1988
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IMPORTANT
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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).
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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).
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DISCLAIMER
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The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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ACORD 25-8 (2001/08)
2 of2
#S273203/M271885
Certificate of Insurance
nlls CERflFlCATE ISSUED AS A \1A TrER OF INFOR\1ATION ONLY AND CO\;FERS NO RIGHTS CPO\i TilE CER fIFlCATE HOLDER. fHIS
CFRTlFlCA rE DOES NOT A\1END. EXTEND OR AllER THE COVERAGE AFFORDED BY THF POLICIES BELOW.
- . . - . - -
~_.___._-:...___m~m__.~~____~~_,__..., !
I'RODI CUI COMPANIES AFFORDING COVERAGE
~-'--~~""-~"---._'---'~'-"'-''--.......--.--...,..,---~..
Company
Marsh USA Inc. Letter A - ACE AMERICAN INSURANCE COMPANY
One State Street Company
Hartford, CT 06103 Letter B. COMMERCE AND INDUSTRY INSURANCE CO.
Company-
Letter
'~'_____"""'-~~"'_-~'.......--...=<<r...-...,..-_..-,.,_.__-==_............,,-=--=-,~__... ',,"~-- .-. _m 1
I""l Rr[J n[Sl:RII'TIO," OF o I'I'R A nONSl ()( A lIO\S YErnn 1.5 SI'H'1A1. [ IF\lS
Aetna Inc. and its Affiliated Companies, including Horizon Evidence of General Liability and Excess insurance coverage. for
Behavioral Services Horizon Behavioral Services, an Aetna company.
151 Farmington Avenue
Hartford, CT 06156
TillS IS TO CERTIFY THAT POLICIES OF I:-ISURANCE LISTED BELOW HAVE BEEN ISSCED TO
THE INSURED :-lAMED ABOVE FOR THE POLICY PERIOD INDICATED. :-IOTWITHSTANDING
A:-IY REQUIREMENT, TERM OR CONDITIO'.; OE ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH TillS CERTIFICATE MAY BE ISSUED OR MAY PERT AI'.;, TIlE INSURANCE
AFEORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
.-1'gWSIONS, AND CpNDITIONS OF SLCH.~L1CIES.
~~. .... nl't:U.'~~IK,\'<jn; !'lIlli" !'llun' !'lllK \ :r=
~1'MIlt:K un;cu," 1:\ PIIL\fIOS u.\Bflm l.l\lIn
- IMll:! \1~I'DD{H I lun ,\I,\I.DI}'Y\'_
COM:\1ERCIAL GENERAL LIABILITY GENERAL AGGREGATE $2,iJ()().000
I-------
~ COMPREHENS lYE PRODUCTS.COMP,OP AGG. $2,iJ()(),iJ()()
X PREMISES-OPERA TIONS PERSONAL & ADV. INJURY $1.000.000
A - HDOG2056037-A 04/01/10 04/01/11
~ PRODUCTS/COMPLETED OPERATiONS EACH OCCI...'IUtENCE $1.iJ()(),000
~ CONTRACTUAL FIRE DAMAGE (Anyone frre) $500.000
OTHER ~ED.EXP. (Anyone person) $10,iJ()()
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
-
~ A:-IY At;TO (PER ACCIDENT)
X AUTO MEDICAL PA YMENTS PER INSlJRED
-
OTHER
EXCESS LIABILITY (UMBRELLA) EACH OCCURRE:-ICE $1,000.000
B q BE 7251114 04/01/10 04/01111 AGGREGA TE $1,()(J(j.iJ()()
WORKERS' COMPENSATION STATCTORY LIMITS
AND
E~IPLOYERS' LIABILITY EACH ACCIDENT
DISEASE.POLlCY L:I1IT
.. DISEASE.EACH EMPLOYEE ..--.-
j) 1 IlI.R .1......,.;1><:1 I
Certificate holder is an Additional Insured under the General Liability policy as required by written contract but limited to the operations of the
Insured under said contract and always subject to the policy terms, conditions and exclusions, Cancellation provision shown below is subject to
shorter time period~ depending on the ju.risdiction of, and reason for the cancellation.
. .
( I' R nFf( .'\ fF III ll.Df R
( A'( Fll .\ 110," ;
SHOULD ANY OE THE ABOVE DESCRIBED POLICIES BE CANCELFD BEFORE TlI~
['XPIRA TIO.N. DATE THEREOE. THE ISSl:lNG COMPA:--IY WILL ENDEAVOR TO MAIL
10 DA YS WRITTEN '.;OTlCE TO THE CERTfFlCATE HOLDER '.;AMED TO THE LEFT.
BUT F AlLURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGA TiO'.; OR
LIABILITY OF A'iY KIN'D UPO:-l THE COMPAl>.'Y. ITS AGE:-ITS OR
REPRESENT ATIYE
. "', ~
~ 12 ~~.
Monroe County Board of County Commissioners
Attn: Teresa Aguiar
1100 Simonton St, Suite 2-258
Key West, FL 33040
~.
04/01/2010
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2010
Division: Employee Services
Bulk Item: Y es ~
No
Department: Employee Benefits
Staff Contact PersonlPhone#:Teresa Aguiar X4458
AGENDA ITEM WORDING: Approval to solicit proposals for an Employee Benefits Consultant.
ITEM BACKGROUND: The County is currently contracted with Interisk Corporation to provide
consulting services on an as needed basis in regards to Employee Benefits (including Group Health
Insurance), Risk Management and Workers' Compensation Programs. The current contract expires
September 30,2011.
Due to the recently enacted Health Care Reform Act, recent discussions on the current Health Plan
coverage and cost and the direction at the March, 2010 BOCC meeting to rebid for fully-insured and
self-insured providers, it is desired to advertise for Employee Benefits consulting services to ensure
that the County has the experience and resources available in a Consultant to adequately address these
Issues.
PREVIOUS REVELANT BOCC ACTION: At the September 17,2008 meeting, the Board
approved to accept the bid Proposal from Interisk Corporation to provide the current services.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOT AL COST: $600 INDIRECT COST:
BUDGETED: Yes ~No
COST TO COUNTY: $600
SOURCE OF FUNDS: Ad Va10rem
REVENUE PRODUCING: Yes No --X AMOUNT PER MONTH_ Year
APPROVED BY: CountYAtt~ ~rChaSing_ Risk Management ~?
DOCUMENTATION:
Included ~ To Follow_
Not Required _
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
EMPLOYEE BENEFITS
CONSULTING SERVICES
BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia J. Murphy, District 5
Mayor Pro Tem, Heather Carruthers, District 1
George Neugent, District 2
Kim Wigington, District 3
Mario Di Gennaro, District 4
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
EMPLOYEE SERVICES DIVISION
Teresa E. Aguiar, Director
Date, ----2010
1 of 41
NOTICE OF REQUEST FOR PROPOSALS
Request for Proposals
Employee Benefits Consulting Services
RFP- PER - _ - _ - 2010- PUR / CV
The Board of County Commissioners of Monroe County, Florida, (hereinafter the
County) is currently reviewing the structure, scope and economic efficiency of its
employee health care insurance and other employee benefits, and hereby requests
sealed proposals from applicants who wish to provide consulting services related to
Employee Benefits. The County is particularly interested in a consultant who can offer
creative, innovative approaches that help us maintain quality employee benefits without
sacrificing fiscal soundness.
Interested firms or individuals are requested to indicate their interest by
submitting three (3) signed originals and three (3) complete copies (total = six (6)) of
the proposal, in a sealed envelope clearly marked on the outside, with the Proposer's
name and "Employee Benefits Consulting Services", addressed to Monroe County
Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040,
which must be received on or before 3:00 P.M. local time on . Hand
delivered Proposals may request a receipt. No proposals will be accepted after 3:00
P.M. Faxed or e-mailed proposals shall be automatically rejected. It is the sole
responsibility of each Proposer to ensure its proposal is received in a timely fashion.
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia by calling 1-800-711-1712 or by going to the website
www.demandstar.com or
http;/Iwww.demandstar.com/supplier/bids/aQency inc/bid list.asp?f=search&mi=116478
The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key
West, Florida.
All submissions must remain valid for a period of ninety (90) days from the date of
the deadline for submission stated above. The Board will automatically reject the
response of any person or affiliate who appears on the convicted vendor list
prepared by the Department of Management Services, State of Florida, under Sec.
287.133(3)(d), Florida Statutes (1997). Monroe County declares that all or portions
of the documents and work papers and other forms of deliverables pursuant to this
request shall be subject to reuse by the County.
Questions are to be directed, in writing, to: Ms. Maria Fernandez-Gonzalez, Sr.
Administrator, Employee Services Monroe County, 1100 Simonton Street, Suite 2-268,
Key West, Florida 33040, or Facsimile (305) 292-4452.
2 of 41
The Board reserves the right to reject any or all proposals, to waive informalities in the
proposals and to re-advertise for proposals. The Board also reserves the right to
separately accept or reject any item or items of a proposal, or portion of the work, and to
award and/or negotiate a contract in the best interest of the County. It is possible that
one or more Proposers will be chosen.
Interested firms or individuals will be evaluated and selected by a committee composed
of the Division Director of Employee Services, Senior Administrator of Benefits and
Budget Director. The selection and recommendation will be presented to the Board of
County Commissioners for final decision. If no contract can be negotiated with the first
ranked Proposer, the Board reserves the right to negotiate with the next selected
Proposer.
Dated at Key West, this _ day of
Monroe County Purchasing Department
,2010
TENTATIVE SUBMISSION, REVIEW AND CONTRACT AWARD SCHEDULE
DATE PHASE DESCRIPTION
Advertise for Request for Proposals
Request for Information Cut-Off Date
Addendum to RFP Issued with Requested
Information
Proposal Submission Deadline, Proposal
Opening Date
Review/Ranking Proposals
Submit Contract to Board for Approval
3 of 41
TABLE OF CONTENTS
NOTICE OF REQUEST FOR PROPOSALS
SECTION ONE -
SECTION TWO-
EXHIBIT A -
SECTION THREE -
Instruction to Proposers
Draft Agreement
Scope of Services
County Forms and Insurance Forms
EXHIBIT B-
Questionnaire
ATTACHMENTS:
A. Statement of Net Assets, Group Insurance Fund as of 9/30/2009
B. Statement of Reyenue, Expenses and Change in Fund Net Assets, Group Insurance
Fund, as of 9/30/2009
SECTION ONE: INSTRUCTION TO PROPOSERS
1. OBJECTIVE OF THE REQUEST FOR PROPOSAL
The Proposer awarded a contract shall provide consulting services in the areas of Employee
Benefits and other related services as set out in the Scope of Services - Exhibit A. The initial
contract term will be for one (1) year beginning , or as soon thereafter as is
possible and renewable at the County's option for two (2) additional consecutive year terms.
· Upon contracting with the Proposer, the Consultant will perform an overall review of the
County's Employee Benefits program in order to identify issues and understand any
current or potential concerns. The Consultant will discuss findings and suggested
recommendations with County staff which may also include a comprehensive detailed
written report. As one of the benefits provided, Monroe County currently provides a self-
insured health plan to its employees, the employees of the other Constitutional officers,
retirees, spouses and dependents. The County is planning on issuing a Request for
Proposal no later than the end of 2010, which will seek (a) third party administrator,
utilization review and large claim management if the County remains self-insured; (b)
comparative quotes from fully insured health insurance providers; and (c) excess or
stop-loss insurance under either. The Consultant will prepare RFP specifications,
identify appropriate markets, analyze proposals submitted, prepare and submit
recommendations and supporting documentation for recommendations, present results
to management, and assist in negotiation of (preferably multi-year) contracts.
The County intends to present the Provider(s) chosen to the BOCC for approval no later
than March 2011.
2. BACKGROUND INFORMATION
Monroe County ("County") is a non-chartered county established under the Constitution and
the laws of the State of Florida. The Clerk of the Circuit Court serves as the fiscal agent.
The population of the County is estimated at approximately 75,000.
The Board of County Commissioners, constituted as the governing body, has all the powers of
a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase,
4 of 41
hold, lease and convey real estate and personal property; to borrow money and to generally
exercise the powers of a public authority organized and existing for the purpose of providing
community services to citizens within its territorial boundaries. In order to carry out this function,
the County is empowered to levy taxes to pay the cost of operations.
The Present Plan
Monroe County maintains an Internal Service Fund for funding its self-insured Group Health
Insurance Program.
All Constitutional Officers, including the Sheriff, participate in the program. Total number is
approximately 1263 active employees, 583 dependents, 22 surviving spouses, 331 retirees
and 3 COBRA participants. Claims paid during the past 3 fiscal years were as follows:
FY 2009: $15,267,241
FY2008: $12,150,206
FY 2007: $12,137,554
The Statement of Net Assets and Statement of Revenues, Expenses and Changes in Fund
Net Assets for the Internal Service Fund are attached to this document as Attachment "A"
and "B".
The current service Providers and insurance policies in effect for employee benefits are
described below:
· Wells Fargo - Third Party Administrator for Medical Claims
· Keys Physician Hospital Alliance "KPHA" -Provides network of hospitals and
physicians in Monroe County. Also provides pre-admission certification, medical
case management, utilization review and large case management for covered
services in KPHA, Dimension Health, and Multi-Plan networks. Coordinates the
annual Health Fair for County employees and dependents.
· Dimension Health - Provides network of hospitals and physicians in Miami-Dade,
Broward & Palm Beach County.
· Multi-Plan - Wrap around nationwide network
· Walgreen's Health Initiatives "WHI" - Manages the prescription benefit program
· life Insurance Policy - Hartford - Basic Employee Life and AD&D coverage for
employees and retirees.
· Employee Assistance Program - Horizon Behavioral Health - Provides
counseling and other related services to employees and their dependents.
· Vision Insurance Policy - Eye Med - Vision coverage for employees and
dependents paid by the employee or retiree.
· Dental Policy - Delta Dental - Dental coverage for employees and dependents
paid by the employee or retiree.
· Celtic Health Insurance Policy - Conversion Insurance Policy - Health
Insurance coverage offered to individual upon expiration of COBRA coverage.
· Wakely Consulting Services - Provides annual Actuarial report for Self-Insured
Program in accordance with Florida Statute 112.08.
· New York life - Supplemental Life Insurance paid by the employee
· AFlAC, Colonial, etc. - Supplemental voluntary plans (Plans) that provide benefits
in the case of an accident or illness paid by the employee. Providers vary among
each Constitutional Officer.
· Imputed Income evaluation for Domestic Partners - Gallagher - Report is done
annually to determine the amount of the imputed income rates that employees and
5 of 41
retirees who carry domestic partners or children of domestic partners are taxed on.
· Actuarial Valuation of Postemployment Benefit Plan - Gallagher - Report is
done every two years to determine the Plan's accrued liability and annual OPEB
expense and document actuarial assumptions and plan provisions.
· Medicare Part D Attestation - Gallagher - Report is done annually in conjunction
with the application for the Medicare Part D subsidy. For this report, the consultant is
an actuary who confirms that the total value of benefits provided to Medicare Part D
eligible individuals under our Plan is at least as generous as what they could have
received under the standard Medicare Part D coverage.
· County staff handles other administrative duties associated with the Health Plan
such as the Medicare Retiree Drug Subsidy Program (RDS) reporting for Drug
Subsidy Rebates for Retiree Prescription Coverage with CMS; annual open
enrollments; COBRA administration; the annual HIS Retiree report through the
Florida Retirement System, and creation and distribution of various notices as
needed such as Medicare Part D, HIPAA, CHIPRA, etc.
The opportunity is provided to employees to pay for the dependent coverage, vision and
dental plans on a pre-tax basis under Section 125 of the Internal Revenue Service Code.
On a quarterly basis, County staff which consists of the County Administrator, Deputy
County Administrator, Employee Services Director, Budget Director and Sr. Administrator of
Benefits along with contracted Providers (KPHA, Horizon Health, WHI and Wells Fargo
TPA) meet and review medical claims data, discuss continuing plan costs and management
of large cases.
The County has four collective bargaining agreements that must be considered when there
may be a change in benefit plans or procedures.
3. SCOPE OF THE WORK TO BE PROVIDED BY PROPOSER
The scope of work is included in Exhibit A of this document.
4. QUALIFICATIONS NECESSARY OF CONSULTANT
The firm must certify at least annually that all staff members, independent contractors,
subcontracted work, if any, all service providers it uses, engages or manages, comply with
Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules.
Proposals received from firms that have a contractual relationship with a group health
carrier that would preclude the firm from being unbiased in the services provided to the
County will not be considered for evaluation. Proposers must disclose any contractual
relationship in writing, in the proposal, with any persons or entities in the following
categories: (a) third party administrators; (b) utilization review/large claims
management;( c) health insurance carriers.
The Proposer must warrant that it has not employed or retained a company or person,
other than a bona fide employee, contractor or subcontractor, working in its employ, to
solicit or secure a contract with the County and that it has not paid or agreed to pay any
person, company, corporation, individual or firm other than a bona fide employee,
contractor or subcontractor, working in its employ any fee, commission, percentage, gift
or other consideration contingent upon or resulting from the award or making of a
contract with the County.
6 of 41
The firm and its employees who are responsible and accountable for the county's
account and subcontractors, if any, must have all necessary current licenses issued by
the Florida Department of Insurance for providing either consulting services or health
benefits insurance. Proper documentation shall be attached to the proposal.
The firm's servicing office that would provide services to the County must have at least
one (1) Marketing Account Executive and one (1) Customer Service Representative, each
with a minimum of three (3) years of health insurance experience.
Firm's providing actuarial services for the County must be certified as a Fellow of the
Society of Actuaries.
5. PAYMENT TERMS
· The County is aware that some consultants normally receive their compensation
from the insurance provider based on a percentage of the overall account value.
We request respondents to quote a fixed fee that encompasses the entire
Scope of Services requested in Exhibit A.
· The contractor shall submit to the County an invoice with supporting
documentation acceptable to the Clerk on a schedule as set forth in the
contract. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds.
· The contractor will submit such invoice monthly for services provided during the
preceding month.
· Upon receipt of the contractor's invoice in the proper form as stipulated above
and upon acceptance by the Clerk, Monroe County will make payment in
accordance with the Florida Local Prompt Payment Act, Section 218.70, Florida
Statutes.
6. EVALUATION CRITERIA
Award shall be made to the responsible proposer whose proposal is determined to be the most
advantageous to the County, taking into consideration the evaluation criteria set forth below:
Qualifications of the firm and professional
staff.
Experience of firm and staff (relevant work
experience, experience in representing
overnmental a encies
Ability to provide services listed (scope of
services
Financial stability of Proposer (Financial
resources and capabilities, evidence of
insurance
Price of ro osal
Location of firm (local preference if
a licable: u to 5 additional oints
Total points earned are on a scale of 1 - 100 points
1 = lowest 100 = highest
10 points
10 points
30 points
10 points
30 oints
10 points
7 of 41
7. TERMINATION/NON-RENEWAL NOTICE
Thirty (30) days written notice is required by the service provider for termination or non-renewal
of the contract.
8. REQUEST FOR ADDITIONAL INFORMATION
Request for additional information relating to the specifications of this Request for Proposals
shall be submitted in writing directly to:
Maria Fernandez-Gonzalez, Sr. Benefits Administrator
Monroe County
1100 Simonton Street, Suite 2-268
Key West, FL 33040
Facsimile (305) 292-4452
All requests will be answered in the form of an addendum to the RFP, which will be issued -
shortly thereafter and distributed to all interested Proposers. Oral requests will not be
answered.
9. CONTENT OF SUBMISSION
The proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8-
1/2" x 11" white paper and bound; shall be clear and concise, tabulated, and provide the
information requested herein. Statements submitted without the required information will not be
considered. Responses shall be organized as indicated below. The Proposer should not
withhold any information from the written response in anticipation of presenting the information
orally or in a demonstration, since oral presentations or demonstrations may not be solicited.
Each Proposer must submit adequate documentation to certify the Proposer's compliance with
the County's requirements. Proposer should focus specifically on the information requested.
Format. The response, at a minimum, shall include the following:
A. Cover Paae,
A cover page that states "EMPLOYEE BENEFITS CONSULTING SERVICES". The cover page should
contain Proposer's name, address, telephone number, and the name of the Proposer's contact person.
B. Tabbed Sections
Tab 1. Generallnformation
(a) An overview of the firm's experience.
(b) The length of time the firm has been providing Employee Benefits Consulting Services.
(c) Statement of the firm's commitment to higher education of its consultants within the insurance
disciplines.
(d) Other experience.
(e) Description of computer software specific to employee benefits.
(f) Resumes of all key members of the account team that will be assigned as consultants including
professional designations.
(g) Customer references (no more than three Florida government clients along with their telephone
numbers, addresses and names of the persons who can be contacted to provide a reference).
(Florida government clients will be preferred, and current clients will be preferred over former.)
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Tab 2. Relevant Experience
A record of performance and professional accomplishments by Proposer and employees, including
professional accomplishments, and any work with large companies or government entities.
The Proposer shall provide a list of similar contracts or agreements currently in force to include:
Name and full address
Telephone number of client contact
Date of initiation and completion of contract
Summary of the services and geographical area served
Tab 3. Services, Approach and Availability of Service To County
(a) The Proposer shall describe the approach and methodology he/she will take to
accomplish the services defined herein. This shall include information on schedule and
availability, staffing, whether sub-contractors are used, and any other relevant information
explaining how the services will be accomplished.
(b) The Proposer should describe the delivery of individual services listed in the Scope
of Services (Exhibit A) in this RFP and how this will be accomplished. The Proposer should
respond in detail and avoid a general overall response.
Tab 4. litigation
Provide answers to the following questions regarding claims and suits:
(a) Has the Proposer ever failed to complete work or provide the goods for which it has contracted?
(If yes, provide details.)
(b) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the Proposer, or its officers or general partners? (If yes, provide details.)
(c) Has the Proposer, within the last five (5) years, been a party to any lawsuit or arbitration
with regard to a contract for services, goods or construction services similar to those
requested in the RFP? (If yes, the Proposer shall provide a history of any past or pending
claims and litigation in which the Proposer is involved as a result of the provision of the same
or similar services which are requested or described herein.)
(d) Has the Proposer ever initiated litigation against the county or been sued by the county
in connection with a contract to provide services, goods or construction services? (If yes,
provide details.)
(e) Whether, within the last five (5) years, an officer, general partner, controlling shareholder
or major creditor of the Proposer was an officer, general partner, controlling shareholder or
major creditor of any other entity that failed to perform services or furnish goods similar to
those sought in the request for bids.
Tab 5. Other Information
Proposer shall provide any additional information which will present evaluators with insight
about the knowledge, skills and abilities of the Proposer.
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Tab 6. Forms and licenses
Proposer shall complete and execute the forms specified below and located in Section Three
in this RFP. as well as copies of all professional and receipts for business tax and shall
include them in this section, i.e. Tab 6:
Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause
Non-Collusion Affidavit
Drug Free Workplace Form
Proposer's Insurance and Indemnification Statement
Insurance Agent's Statement
Copy of current Licenses and diplomas for personnel
Exhibit B - Questionnaire
Any Proposer claiming a local preference as defined in Monroe County Ordinance 023-
2009 must complete the Local Preference Form and attach it to the Proposal.
10. COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors
or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Proposals.
11. STATEMENT OF PROPOSAL REQUIREMENTS
See Notice of Request for Proposals.
Interested firms or individuals are requested to indicate their interest by submitting
three (3) signed originals and three (3) complete copies (total = six (6) )of the proposal,
in a sealed envelope clearly marked on the outside with the Proposer's name and
"Employee Benefits Consulting Services", addressed to Monroe County Purchasing
Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, which must be
received on or before 3:00 P.M. local time on . Hand delivered Proposals
may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed
proposals shall be automatically rejected. It is the sole responsibility of each Proposer to
ensure its proposal is received in a timely fashion.
12. DISQUALIFICATION OF PROPOSER
A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to
this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Proposers, the proposals of all
participants in such collusion shall be rejected, and no participants in such
collusion will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a proposal on a contract to provide any goods or services to a public
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entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
Proposals on leases or perform work as a contractor, supplier, subcontractor, or
contractor under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE
WORKPLACE FORM and submit it with his/her proposal. Failure to complete
this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it
with his/her bid or proposal. Failure to complete this form in every detail and
submit it with the bid or proposal may result in immediate disqualification of the
bid or proposal.
13. EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract documents,
and inform himself/herself thoroughly regarding any and all conditions and
requirements that may in any manner affect cost, progress, or performance of
the work to be performed under the contract. Ignorance on the part of the
Proposer shall in no way relieve him/her of the obligations and responsibilities
assumed under the contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once
notify the County.
14. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDUM
No oral interpretations will be made to any Proposer as to the meaning of the contract
documents. Any inquiry or request for interpretation received by the Request for Information
Cut-Off Date will be given consideration. All such changes or interpretation will be made in
writing in the form of an addendum and, if issued, will be furnished to all known prospective
Proposers prior to the established Proposal opening date. Each Proposer shall acknowledge
receipt of such addenda in his/her Proposal. In case any Proposer fails to acknowledge receipt
of such addenda or addendum, his/her response will nevertheless be construed as though it
had been received and acknowledged and the submission of his/her response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents and
each Proposer will be bound by such addenda, whether or not received by him/her. It is the
responsibility of each Proposer to verify that he/she has received all addenda issued before
responses are opened.
15. GOVERNING lAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, professional license requirements and
regulations that in any manner affect the work. Knowledge of business tax requirements and the
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responsibility for paying the tax in Monroe County and municipalities within Monroe County are
the responsibility of the Proposer.
16. PREPARATION OF RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the space provided
for the signature. If the Proposer is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the
signature of at least one of the partners must follow the firm name and the words "Member of
the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of
the officer signing the Response on behalf of the corporation must be stated along with the
Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted.
The Proposer shall state in the response the name and address of each person having an
interest in the submitting entity.
17. MODIFICATION OF RESPONSES
Written modification will be accepted from Proposers if addressed to the entity and address
indicated in the Notice of Request for Proposals and received prior to Proposal due date and
time. Modifications must be submitted in a sealed envelope clearly marked on the outside with
the Proposer's name and "Modification to Proposal - Monroe County Proposal for
Employee Benefits Consulting Services". If sent by mail or by courier, the above-mentioned
envelope shall be enclosed in another envelope addressed to the entity and address stated in
the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically
rejected.
18. RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
19. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened. Proposers'
names shall be read aloud at the appointed time and place stated in the Notice of Request for
Proposals. Monroe County's representative authorized to open the responses will decide when
the specified time has arrived and no responses received thereafter will be considered. No
responsibility will be attached to anyone for the premature opening of a response not properly
addressed and identified. Proposers or their authorized agents are invited to be present.
20. DETERMINATION OF SUCCESSFUL PROPOSER
Award shall be made to the responsible proposer whose proposal is determined to be the most
advantageous to the County, taking into consideration the evaluation criteria set forth below:
Qualifications of the firm and professional
staff.
Experience of firm and staff (relevant work
experience, experience in representing
overnmental a encies
Abilit to rovide services listed sco e of
10 points
10 points
30 oints
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services
Financial stability of Proposer (Financial
resources and capabilities, evidence of
insurance
Price of ro osal
Location of firm (local preference if
a licable: u to 5 additional oints
Total points earned are on a scale of 1 - 100 points
1 = lowest 100 = highest
10 points
30 oints
10 points
The County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses that contain
modifications are incomplete, unbalanced, conditional, obscure, or that contain additions not
requested or irregularities of any kind, or that do not comply in every respect with the Instruction
to Proposer and the contract documents, may be rejected at the option of the County.
21. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services based
on geographic area or other, and to waive any informality in any response, or to re-advertise for
all or part of the work contemplated. It is possible that one or more Proposers will be chosen.
B. The County also reserves the right to reject the response of a Proposer who has
previously failed to perform properly or to complete contracts of a similar nature on time.
C. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of contract.
D. The County reserves the right to reject all proposals.
22. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Proposer shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award
of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper
insurance forms are not received within the fifteen (15) day period, the contract may be awarded
to the next selected Proposer. Policies shall be written by companies licensed to do business in
the State of Florida and having an agent for service of process in the State of Florida. The
required insurance shall be maintained at all times while Proposer is providing service to
County.
Worker's Compensation
Employers' Liability
General Liability, including
Professional Liability
Statutory Limits
$500,000
$300,000 combined single limit
$250,000 per occurrence /$500,000
Aggregate
$100,000
Vehicle Liability
Monroe County shall be named as an Additional Insured on the General liability policy
and Vehicle liability Policies.
23. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the
County as outlined below.
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The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants from any and all claims for bodily
injury, including death, personal injury, and property damage, including damage to property
owned by Monroe County, and any other losses, damages, and expenses of any kind,
including attorney's fees, court costs and expenses, which arise out of, in connection with, or
by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by
the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s),
their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the Vendor's failure to
purchase or maintain the required insurance, the Vendor shall indemnify the County from any
and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement.
24. EXECUTION OF CONTRACT
The Proposer will be required to execute a contract with the County for the services provided for
in this RFP. The Proposer with whom a contract is negotiated shall be required to return to the
County one (1) executed counterparts of the prescribed Contract together with the required
certificates of insurance. A Draft of the contract is attached in Section Two.
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SECTION TWO: DRAFT AGREEMENT
These contract documents should be used only after consultation with counsel. The documents
are not intended as legal advice appropriate to any specific situation, nor do they purport to
address all issues which may arise between the contracting parties. The documents should be
amended or supplemented where appropriate.
MONROE COUNTY
CONTRACT FOR
Employee Benefit Consulting Services
THIS AGREEMENT is made and entered into this day of , by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and ("CONTRACTOR"),
whose address is
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner certain
duties as described in the Scope of Services - Exhibit A - which is attached hereto and made a
part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. 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 Agreement documents. The
CONTRACTOR shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. Contractor shall provide
services using the following standards, as a minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual relationship
with the County. To the extent that Contractor uses subcontractors or
independent contractors, this Agreement specifically requires that
subcontractors and independent contractors shall not be an employee of or
have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under State and local law
to perform such services.
Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR
The CONTRACTOR must certify at least annually that all staff members, independent
contractors, subcontracted work, if any, all service providers it uses, engages or manages,
comply with Health Insurance Portability and Accountability Act (HIPAA) privacy and
security rules.
The CONTRACTOR must provide a list annually, listing any contractual relationship
between the CONTRACTOR and any persons or business entities that provide the
following services: third party administration for health insurance or employee benefits,
utilization review, large claims management, health insurance carrier.
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The CONTRACTOR must provide an adequate staff of experienced personnel, capable of
and devoted to the successful accomplishment of work to be performed under any
contract with the County. The CONTRACTOR must assign specific individuals to the key
positions. Once assigned to work under any contract with the County, key personnel
shall not be moved or replaced without prior written notification to the County.
The CONTRACTOR must warrant that it has not employed or retained a
company or person, other than a bona fide employee, contractor or subcontractor,
working in its employ, to solicit or secure a contract with the County and that it has not
paid or agreed to pay any person, company, corporation, individual or firm other than a
bona fide employee, contractor or subcontractor, working in its employ any fee,
commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the County.
The firm and its employees who are responsible and accountable for the county's
account and subcontractors, if any, must have all necessary current licenses issued by
the Florida Department of Insurance for providing either consulting services or health
benefits insurance. Proper documentation shall be attached to the proposal.
The firm's servicing office that would provide services to the County must have at least
one (1) Marketing Account Executive and one (1) Customer Service Representative, each
with a minimum of three (3) years of health insurance experience.
Section 3. COUNTY'S RESPONSIBILITIES
3.1 Provide all best available information as to the COUNTY'S requirements for Employee
Benefits Consulting Services.
3.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all matters
concerning Employee Benefits Consulting Services.
3.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 4. TERM OF AGREEMENT
4.1 The initial Agreement term will be for one (1) year beginning the _ day of
, 2010 and renewable at the County's option for two (2) additional
consecutive one year terms.
4.2 The terms of this Agreement shall be from the effective date hereof and continue for
a period of one year. This Agreement shall be automatically renewed for successive one-
year periods until either party gives the other notice of cancellation in accordance with the
terms set forth below. The Contractor must provide the Contractor with at least thirty (30)
days notice of intent to terminate. If either party desires to modify this Agreement, it shall
notify the other in writing at least thirty (30) days prior to the effective date of such
modification. In the case of proposed modification the party receiving the notification of the
proposed modification shall itself notify the other party within ten (10) days after receipt of
notice of its agreement to the proposed modification. Failure to do so shall terminate this
Agreement.
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Section 5. COMPENSATION
Compensation to CONTRACTOR shall be $
Section 6. PAYMENT TO CONTRACTOR
6.1 Payment will be made according to the Florida Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe
County (Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONTRACTOR must submit invoices to the
appropriate offices marked Group Insurance. The respective office supervisor and the
Director of Employee Services, who will review the request, note his/her approval on the
request and forward it to the Clerk for payment.
6.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe
County Board of County Commissioners.
Section 7. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with or without
cause upon thirty (30) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR
for work performed through the date of termination.
Section 8. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response,
and this Agreement and has made a determination that he/she has the personnel,
equipment, and other requirements suitable to perform this work and assumes full
responsibility therefore. The provisions of the Agreement shall control any inconsistent
provisions contained in the specifications. All specifications have been read and
carefully considered by CONTRACTOR, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations
shall this Agreement be more strongly construed against COUNTY than against
CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
COUNTY, and its decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished
by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with
the terms of this Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives may
visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of
services during CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
Section 9. NOTICES
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:
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To the COUNTY: Employee Services Director
1100 Simonton Street, Suite 2-268
Key West, Florida 33040
To the CONTRACTOR:
Section 10. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the agreement and for four years following the
termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies
were paid to CONTRACTOR.
Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. 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.
Section 12. CONVICTED VENDOR
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 Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONTRACTOR,
supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
Section 13. GOVERNING lAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State.
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In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
Section 14. 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.
Section 15. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court
costs, as an award against the non-prevailing party. 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.
Section 16. 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.
Section 17. 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.
Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement shall not be subject to arbitration.
Section 19. 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
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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.
Section 20. 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. The parties agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color,
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 29-255), 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 ss. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)
any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
Section 21. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 22. 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.
Section 23. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
20 of 41
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.
Section 24. 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.
Section 25. NON-WAIVER OF 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 Agreement entered into by the COUNTY be required to contain any provision for
waiver.
Section 26. 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.
Section 27. 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.
Section 28. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
210f41
Section 29. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement.
Section 30. 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.
Section 31. 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.
Section 32. 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.
Section 33. INSURANCE POLICIES
33.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre-requisite of the work governed, 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; however
CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract 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 and/or termination of this Agreement and for damages to the
COUNTY. 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
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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
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on general liability and vehicle liability policies.
33.2 Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
. Premises Operations
. Bodily Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
33.3 Vehicle liability Insurance requirements
The minimum limits acceptable shall be owner and non-owned and hired vehicles:
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$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limit is:
$50,000 per Person
$100,000 per Occurrence
$25,000 Property Damage
33.4 Workers' Compensation Insurance Requirements
Prior to 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:
$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.
33.5 Professional liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advise or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$250,000 per occurrence/$500,000 Aggregate
Section 34. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising
out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay
caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract. The amount and type of insurance coverage requirements set
forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this
paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to
acts attributable to the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her employees,
contractors, servants or agents to be employees of the Board of County Commissioners for
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Monroe County. As an independent contractor the CONTRACTOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes, ordinances, rules
and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi-public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the CONTRACTOR to complete the work schedule. Such an agreement shall be made
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of 20_.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
OF MONROE COUNTY, FLORIDA
By
by
Mayor/Chairman
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
By
(Name of Contractor)
by
Title:
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EXHIBIT A
SCOPE OF SERVICES
SPECIFICATIONS
The Proposer shall provide consulting services on an as needed basis in the areas of Group
Health Insurance. The initial contract term will be for one (1) year and renewable at the
County's option for two (2) additional consecutive one year terms.
The key personnel identified by the successful consultant are considered to be essential to
the work performed. No personnel substitutions shall be made without the consent of
Monroe County.
The scope of services to be provided on an as needed basis by the Provider and may
include, but not be limited to, the following.
· Monroe County currently provides a self-insured health plan to its employees, the
employees of other Constitutional officers, retirees, spouses and dependents. The
County is planning on issuing a Request for Proposal no later than the end of 2010,
which will seek (a) third party administrator, utilization review and large claim
management if the county remains self-insured; (b) comparative quotes from fully
insured health insurance providers; and (c) excess or stop-loss insurance under either.
The Consultant will prepare RFP specifications, identify appropriate markets, analyze
proposals submitted, prepare and submit recommendations and supporting
documentation for recommendations, present results to management, and assist in
negotiation of (preferably multi-year) contracts.
· Assist with renewals, including negotiation of any change in contracts.
· Review Benefit Plan Documents and contracts.
· Assist in design and delivery of employee health benefits communication pieces.
· Review coverage under present Provider contracts and overall benefit plan to establish
goals and objectives.
· Analyze and evaluate Monroe County's performance with respect to its self-insured
program and make recommendations based on performance and current industry
practices. This may include funding alternatives, procedures, health-care cost
containment, retention levels, stop-loss limits, and multiple-option plan designs.
· Assist in on-site audits in regards to claim processing and payment accuracy.
· Perform research and provide responses to technical questions posed by the County.
· Be available to meet with the Board of County Commissioners, County staff and the
general employee population as reasonably necessary.
· Be available to answer questions and assist in resolving issues that arise during the year
in regards to employee benefits.
· Provide actuarial services as may be necessary and provide written analysis with
sufficient details to support conclusions and recommendations.
· Provide estimates of renewal rates and assist management in preparation of budget
figures for health benefits.
· Keep management informed as to pending legislation that may have an impact on
existing or future benefits and any changes in State and Federal laws affecting benefit
plans. Provide plan document revisions through the use of professional compliance staff.
· Assist with the initial tactical responses for compliance with any law changes and assist with
long-term strategies as a result of the recently enacted Health Care Reform Act.
· Provide information on employee benefit issues and trends.
· The Contractor shall record and maintain statistical data concerning the services, and
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such additional information as may be required by the County. The Contractor shall
retain all records pertaining to this contract for a period of four (4) years after the
termination of this contract.
· The County, the Clerk, the State Auditor General, and agents thereof shall have access
to Contractor's books, records, and documents required by this contract for the purposes
of inspection or audit during normal business hours, at the Contractor's place(s) of
business.
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SECTION THREE: RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o Purchasing Department
1100 Simonton Street
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No. (s)
I have included
. Lobbying and Conflict of Interest Clause
. Non-Collusion Affidavit
. Drug Free Workplace Form
. Public Entity Crime Statement
. Insurance Requirements
. Local Preference Form (if applicable)
D
D
D
D
D
D
In addition, I have included a current copy of the following professional and occupational
licenses:
List all charges for services, inclusive of all travel and other expenses (there will be no
reimbursable expense items):
(Check mark items above. as reminder that they are included)
Mailing Address:
Telephone:
Fax:
Date:
Signed:
Witness:
(Print Name)
(Title)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
to me or has produced
(name of affiant). He/She is personally known
(type of identification) as
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identification.
NOTARY PUBLIC
My Commission Expires:
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
". ..warrants that he/it has not employed, retained or otherwise had act on his/her 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."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is
personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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NON-COLLUSION AFFIDAVIT
I, of the city of
my oath, and under penalty of perjury, depose and say that
according to law on
1. I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Sig natu re )
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is
personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business'
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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is personally known
to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months fro 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.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is personally known to me
or has produced
(type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, 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 negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
GROUP HEALTH INSURANCE CONSULTING SERVICES
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:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate 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.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
GROUP HEALTH INSURANCE CONSULTING SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Professional Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300.000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 _ per Person
$ 300.000 per Occurrence
$_ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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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
Waivinq 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 Requirement 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 this 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.
3601'41
MONROE COUNTY, FLORIDA
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:
BIDDER
SIGNATURE
370f41
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Worker's Compensation $ 100,000 Bodily Injury by Acc.
$ 500.000 Bodily Inj. by Disease, policy Imts
$ 100,000 Bodily Inj. by Disease, each emp.
General liability, including $ 300,000 Combined Single limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle liability
(Owned, non-owned and hired vehicles)
$50.000
$ 100.000
$ 25,000
$ 100.000
per Person
per Occurrence
Property Damage
Combined Single Limit
Professional liability
$250,000 per Occurrence
$500,000 Aggregate
The Monroe County Board of County Commissioners shall be named as Additional
insured on general liability and vehicle liability policies.
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LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Name of Bidder/Responder
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at
least one year prior to the notice or request for bid or proposal? (Please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day to day basis that is a substantial component of the goods or services
being offered to Monroe County?
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction
to local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at
least one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is personally known to me or
has produced
(type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT B
QUESTIONNAIRE
Organization Name:
Primary Contact/Representati ve:
Title:
Address:
City, State, Zip Code:
Telephone Number:
Fax Number:
E-mail Address:
1. Upon the contract becoming effective the Consultant will perform an
overall review of the County's Group Health Insurance program in order
to identify issues and understand any current or potential concerns. The
Consultant will discuss findings and suggested recommendations with
County staff which may also include a comprehensive detailed written
report. Monroe County currently provides a self-insured health plan to its
employees, the employees of the other Constitutional officer, retirees,
spouses and dependents. The County is planning on issuing a Request
for Proposal no later than the end of 2010, which will seek (a) third party
administrator, utilization review and large claim management if the
County remains self-insured; (b) comparative quotes from fully insured
health insurance providers; and (c) excess or stop-loss insurance under
either. The Consultant will assist the County in issuing this Request for
Proposal. It is desired to have the bid process and Provider(s) chosen
and prepared for sacc approval no later than March of 2011. Please
provide your methodology in accomplishing this initiative.
2. Please list the specific individuals that will be assigned to work as outlined in
the Scope of Services - Exhibit "A".
3. Describe your client service approach and how you respond to client
requests. Include what you consider non-urgent/routine requests and
urgent requests.
4. If required, would you attend the Soard of County Commissioner meetings
to provide any recommendations and supporting documentation for
approval?
5. Detail the ability of the firm to monitor regulatory and legislative
developments at both the State and Federal level and how this will be
communicated to the County.
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6. Are you in a contractual relationship with any persons or entities in the
following categories: (a) third party administrators for health insurance
plans; (b) utilization review/large claims management; (c) health
insurance carriers? If so, please list by name and category.
7. Provide a quote for providing the services as outlined in Exhibit A. Please
provide an estimate cost for services on an annual basis.
8. Describe your expertise and experience in the areas of health benefit plan
analysis and design.
9. Describe your approach to:
a. Redesigning benefit programs
b. Evaluating providers and vendors
c. Financial analysis
1 a.lf the County changes from the current consultant as a result of this RFP the
successful firm will need to have a transition plan. Please describe your
transition plan.
11. The Consultant shall comply with the Health Insurance Portability and
Accountability Act (HIPAA) regarding Protected Health Information (PHI).
Please include copies of privacy notices and internal policy & procedures for
the protection of PHI.
12. How will you maintain the confidentiality of the County's records and data?
Include your firm's systems' security procedures for accessing, sending and
storing data.
13. Please describe any special experience, services or resources which might
make you superior or of unusual value to the County.
14. How do you measure client satisfaction?
15. Provide any supplemental information you consider relevant or beneficial.
The Representative stated below is the authorized agent of the Proposer and is authorized
to bind the company upon acceptance by the County. Deviations from the requested
program have been stated. Coverage(s) or services will be issued as proposed.
Authorized Representative Print Name
Firm Telephone
Date
Authorized Representative Signature
41 of 41
f
Monroe County BOCC
RFP-PER
Attachment "A"
MONROE COUNTY, FLORIDA - BOARD OF COUNTY COMMISSIONERS
STATEMENT OF NET ASSETS
GROUP INSURANCE FUND
30-Sep-09
CUrrent Assets:
Cash and Cash Equivalents
Investments
Accounts Receivable, Net
Interest Receivable
Due from Other Governmental Units
Total Current Assets
ASSETS
Group
Insurance
Fund
Noncurrent Assets:
Capital Assets, Net of Accum. Depreciation
Total Assets
$ 2,992,818
14,615,011
21 ,799
136,243
180,561
17,946,432
231
17,946,663
LIABILITIES
Current liabilities:
Accounts Payable
Accrued Wages and Benefits Payable
Claims and Judgements Payable
Accrued Compo Absences Payable
Total Current liabilities
207,554
8,517
4,580,172
1,979
4,798,222
Noncurrent liabilities:
Accrued Compo Absences Payable
Opeb liability
Total Noncurrent liabilities
Total liabilities
24,038
12,000
36,038
4,834,260
NET ASSETS
Invested in Capital Assets, Net of Related Debt
Unrestricted
Total Net Assets
231
13,112,172
$ 13,112,403
G-1
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f
Monroe County BOCC
RFP-PER
Attachment "B"
MONROE COUNTY, FLORIDA - BOARD OF COUNTY COMMISSIONERS
STATEMENT OF REVENUES, EXPENSES AND
CHANGES IN FUND NET ASSETS
GROUP INSURANCE FUND
FOR THE YEAR ENDED SEPTEMBER 30, 2009
Group
Insurance
Fund
Operating Revenues:
Charges for Services $ 13,186.485
Miscellaneous 1,953
Total Operating Revenues 13,188.438
Operating Expenses:
Personal Services 202,891
Operations 653,975
Asserted and Paid Claims 15,267,241
Total Operating Expenses 16,124,107
Operating Loss (2,935,669)
Non-Operating Revenues (Expenses):
Investment Income 474.761
Insurance Recoveries 328,326
Total Non-Operating Revenues 803,087
Loss Before Contributions
and Transfers (2,132,582)
Transfers to Other Funds 104.786
Change in Net Assets (2,237,368)
Total Net Assets - October 1 15,349.771
Total Net Assets - September 30 $ 13,112,403
G-1