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HomeMy WebLinkAboutC. Bulk ApprovalsBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: County Administrator Bulk Item: Yes X No Staff Contact Person: Doug Gregory Telephone#: X4502 AGENDA ITEM WORDING: Approval of a resolution adopting the Florida Green Building Coalition's green commercial building standard in addition to the Florida Building Code for county public buildings as the standard to be used for construction of all public buildings from the date of this resolution. ITEM BACKGROUND: Florida Statute §255.2575 requires all county buildings to be constructed to meet certain standards and allows the county to chose a standard, one of the suggested standards is the one proposed by the Florida Green Building Coalition. The Green Initiative Task Force recommends this standard because among other things it was created with the needs of Florida in mind. PREVIOUS RELEVANT BOCC ACTION: None on this issue. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: -0- BUDGETED: Yes No X COST TO COUNTY: -0- SOURCE OF FUNDS: DIFFERENTIAL OF LOCAL PREFERENCE: NIA REVENUE PRODUCING: Yes No X AMOUN ER MONTH Year APPROVED BY: County Atty X� OM ing Risk Management'' DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. — 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING THE FLORIDA GREEN BUILDING COALITION'S GREEN COMMERCIAL BUILDING STANDARD FOR COUNTY BUILDINGS IN ADDITION TO THE FLORIDA BUILDING CODE AS THE STANDARD TO BE USED FOR CONSTRUCTION OF ALL PUBLIC BUILDINGS FROM THE DATE OF THIS RESOLUTION WHEREAS, Monroe County, Florida, encompasses the uniquely beautiful natural environment of the Florida Keys; and WHEREAS, the Monroe County Board or Commissioners is dedicated to preservation of the natural environment, conservation of energy and natural resources, encouraging residents and visitors to be good stewards of the environment; and WHEREAS, the Monroe County Board of Commissioners has made environmental stewardship a priority by embracing the Southeast Florida Regional Climate Change Compact, the U.S. Mayors Climate Protection Agreement, the ICLEI process for developing a Climate Action Plan, and by fom2ing advisory committees including the Monroe County Green Initiative Task Force; and WHEREAS, the Monroe County Board of Commissioners wishes to formally establish a building standard for public buildings pursuant to Florida Statute §255.2575; and WHEREAS, Monroe County has determined that of the various standards set out in Florida Statute §255.2575 the Florida Green Building Coalition's Green Commercial Building Standard is the most appropriate for Monroe County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. It is the intent of the Board of County Commissioners to establish the Florida Green Building Coalition's Green Commercial Building Standard as the county building standard for all public buildings. Section 2. This standard shall be used for the design and construction of all public buildings, in conjunction with and in addition to the Florida Building Code. Section 3. This Resolution shall become effective on the date written below. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 19th day of May 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Mario Di Gennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk By, Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Statutes & Constitution :View Statutes :->2009->Ch0255->SeGtion 2575 : Cnline Sunsilille Page 1 of 1 255.2575 Energy -efficient and sustainable buildings.-- (1) The Legislature declares that there is an important state interest in promoting the construction of energy -efficient and sustainable buildings. Government leadership in promoting these standards is vital to demonstrate the states commitment to energy conservation, saving taxpayers money, and raising public awareness of energy rating systems. (2) All county, municipal, school district, water management district, state university, community college, -and -Florida -state -court buildings-sha[l-be-constructed-to-meet-the-United-States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the Department of Management Services. This section shall apply to all county, municipal, school district, water management district, state university, community college, and Florida state court buildings the architectura[ plans of which are commenced after July 1, 20D8. (3) St. Petersburg College may work with the Florida Community College System and may consult with the University of Florida to provide training and educational opportunities that will ensure that green building rating system certifying agents (accredited professionals who possess a knowledge and understanding of green building processes, practices, and principles) are available to work with the entities specified in subsection (2) as they construct public buildings to meet green building rating system standards. St. Petersburg College may work with the construction industry to develop an online continuing education curriculum for use statewide by builders constructing energy -efficient and sustainable public sector buildings and students interested in the college's Green/Sustainability Track in its Management and Organization Leadership area of study. The curriculum developed may be offered by St. Petersburg College or in cooperation with other programs at other community colleges. History.--s. 22, ch. 2008-227. http://www.leg.state.fl.us/statutes/index.cfin?App made=Dispiay_Statute&Search String 5/17/2010 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6/16/10 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 809-5200 AGENDA ITEM WORDING: Approval to terminate lease agreement with Orion Bank for the Automatic Teller Machine at the Key West International Airport. ITEM BACKGROUND: When Orion bank went into receivership with FDIC, Iberia bank did not purchase the ATM located at the Key West Airport. Iberia Bank shut down the ATM on May, 5, 2010. PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement with Orion Bank 3/17/04, approval of lease extension agreement 8/19/09. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: NIA INDIRECT COST: N/A BUDGETED: N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: None SOURCE OF FUNDS: N/A COST TO AIRPORT: None COST TO PFC: None REVENUE PRODUCING: N/A AMOUNT PER MONTH NEAR: N/A 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 IIfI-;k1ARVNh 200 W Congress St Lafayette, LA 70501 5/4/2010 Airport Operations Office Key West International Airport 34915 Roosevelt Blvd Key West, FL 33040 To Whom this May Concern: On November 13, 2009, Orion Bank went into receivership with the FDIC. IBERIABANK acquired some of the Orion branch offices from the FDIC. The ATM located at 3491 South Roosevelt in Key West FL was not purchased by IBERIABANK. Please accept this letter as notice of the closure of the ATM located at 3491 South Roosevelt Blvd. The cash will be removed and unit will be shut down on May 5, 2010 at 10:00 am. If you have any questions please feel free to contact me at 337.521.4027. Thankst n. Daphne Hebert Senior Vice President Facility Director BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 6/16/10 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 Eulen America, as the most responsive bidder, for janitorial services at the Key West International Airport, and approval for Eulen America to commence services immediately upon notification by the Airport Director, pending a contract for services, ITEM BACKGROUND: Although there were two lower bids, Eulen is most responsive to the needs of the Airport. Staff rejected the two lowest bids as not responsive because adequate janitorial staffing, equipment, and supplies to do all tasks required, cannot be provided for the low bid price stated. 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: 249,978.62 per year INDIRECT COST: None BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: None COST TO COUNTY: None SOURCE OF FUNDS: Airport Operating COST TO AIRPORT: 249,978.62 per year COST TO PFC: None REVENUE PRODUCING: No AMOUNT PER MONTH NEAR APPROVED BY: County Attorney NIA OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev APB revised 7/09 i z a W zO � M a V W Q 0 LLI U. _ C.4 W 0 uwz Zz0 z (A Q- *4 U. = A in U Q O W IL u Q IW� 0 V C z W m a O L fa L. m 0) a Ou a o � O 00 O Q1 C Ln of It H N N Z EPr ifF Z) 0 L L L L L Q C c c c c m v a v a (L) a CL) a v a o o n Ln N 00 N U) c0 M O N N N M ri O N EPr ii� ii} +F4 V1. z \ z Q m00 z• z z z u c Za W :3 z OL N u N V a LLJ u ` c (n y c 4� M C 2 U c f m c 0 V N r < Y u N c W V) z W J U) m F- CO r-i Z) W d u O O O O o c O .y u = } L u o L L O > u _0C (A) o L C O � N 'E Vl � s 4- t u o c 4- 0 u LL. � O d d t � d 3 L BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Airports Bulk Item: Yes X No Department: Florida Keys Marathon Airport Staff Contact Person: Reauie Paros/289-6060 AGENDA ITEM WORDING: Approval of Lease Extension Agreement with Disabled American Veterans, Chapter 122, for lease of property at Florida Keys Marathon Airport, for a term of sixty months ITEM BACKGROUND: The Disabled American Veterans (DAV), Chapter 122, has a lease for land and building on the Florida Keys Marathon Airport, which ends on June 14, 2010. The attached Lease Extension Agreement will extend the original agreement, as amended, to June 14, 2015. The Federal Aviation Administration (FAA) requires that the DAV pay Fair Market Value for the property or provide benefits to the Airport that are equivalent to the appraised Fair Market Value of the annual rental payment. The DAV shall provide maintenance, improvements and services during the year equivalent to the $20,356.80 annual rental fee. PREVIOUS RELEVANT BOCC ACTION: On June 15, 2005, the Board approved a lease agreement with Disabled American Veterans, Chapter 122, for land and building on the Marathon Airport. CONTRACT/AGREEMENT CHANGES: The term of the agreement has been extended for a term of sixty (60) months. STAFF RECOMMENDATIONS: Approval TOTAL COST: $0.00 INDIRECT COST: BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH Year 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 # Contract with: Disabled American Effective Date: Upon Approval,10 Veterans (DAV) Expiration Date: June 14, 2015 Contract Purpose/Description: Lease Extension Agreement with Disabled American Veterans Contract Manager: Reggie Paros 6060 MarathonAiLport/Sto_p 15 (Name) (Ext.) (Department) for BOCC meeting on Deadline: CONTRACT COSTS Total Dollar Value of Contract: Current Year Portion: $20 356.8value $20.356.80 value Budgeted? Yes❑ No ❑ Account Codes: Grant: - - - - County Match: - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above e . maintenance, utilities, janitorial, salaries, etc. Division Director Risk Management kM O.M.B./Purchasing CONTRACT REVIEW Changes Date Out Date In Needed viewer -11-0 Yes[:] NoY— ��6✓ o Yes❑ NoET--''� 5 5 ra County Attorney '-j �U, Comments:_�{to Q A 0MR Form Revised 4/11 MCP #2 Yes❑ N Yes[] No,® LEASE EXTENSION AGREEMENT FLORIDA KEYS MARATHON AIRPORT DISABLED AMERICAN VETERANS (DAV) THIS LEASE is made and entered into this day of 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and DISABLED AMERICAN VETERANS (DAV), Chap. 122, hereinafter referred to as "DAV" WHEREAS, COUNTY owns property adjacent to and including an airport known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport", and WHEREAS, on June 15, 2005 COUNTY AND DAV entered into a five year lease which terminates on June 14, 2010, and WHEREAS, the City of Marathon had requested an easement on Florida Keys Marathon airport property for purposes of installing a sewer to service the fire station as well as the airport and the airports tenants and on May 16, 2007, DAV agreed to amend its lease with the County to exclude a portion of the property and in exchange COUNTY agreed to reduce the annual rental fee; and WHEREAS, the parties wish to extend the original agreement as amended an additional 5 years; now, therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 2 of the original lease is amended to read: 2. Term. The term of this lease shall be for sixty (60) months, commencing June 15, 2010 and ending on June 14, 2015. All other provisions of the June 15, 2005 original lease, as previously amended, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this lease amendment to be executed this _ day of , 2010. (SEAL) ATTEST: DANNY L, KOLHAGE Deputy Clerk WITNESSES: w BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In Mayor/Chairperson DISABLED AMERICAN VETERANS By - Title: ---.2... Is"' AMENDMENT TO LEASE AGREEMENT FLORIDA KEYS MARATHON AIRPORT DISABLED AMERICAN VETERANS (DAV) THIS AMENDMENT TO THE CONTRACT OF LEASE is made and entered into this --day of zzzw 2007, by and between MONROE COUNTY, a political subdivision of the Staff of Florida, hereinafter referred to as "COUNTY" and DISABLED AMERICAN VETERANS (DAV), Chap. 122, hereinafter referred to as "DAV WHEREAS, COUNTY owns property adjacent to and including an airport known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport", and WHEREAS, on June 15, 2005 COUNTY AND DAV entered into a five year lease which terminates on June 14, 2010, and WHEREAS, the City of Marathon is currently building a fire station at the Florida Keys Marathon Airport and desires to connect the station to the City's central sewerage system rather than build a package plant to service the fire station, and WHEREAS, the CITY of Marathon has requested an easement on Florida Keys Marathon Airport property for purposes of installing a sewer to service the fire station as well as the airport and the airports tenants, and WHEREAS, the requested easement includes a portion of the parcel of land that is currently leased to DAV, and WHEREAS, DAV has agreed to amend its lease with the County to exclude that portion of the property and in exchange COUNTY has agreed to reduce the annual rental fee now, therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 1 of the original lease is amended to read as follows: 1. Premises. COUNTY does hereby lease to DAV, and DAV leases from the COUNTY, a parcel of land located at the Florida Keys Marathon Airport and improvements thereon, as described in Exhibit "1 " ;attached hereto and incorporated herein_ M C) Lj. f.� 2. Paragraph 3 of the original agreement is amended to read as follows: 3. Rentals and Fees. During the term of this lease, DAV shall provide maintenance and improvements of the premises, services and cash payments for a total value of $20,356.80 per year. Such maintenance and improvements of the premises, services and cash payments will be similar to those provide during its previous lease of the premises, as described in exhibit "B" of the June 15, 2005 original lease. Failure to perform DAV's obligation's under this lease constitutes a default for which cause the COUNTY may terminate this agreement. The acceptance by the COUNTY of any improvements, repairs or services shall not operate as a waiver of any future default. All other provisions of the June 15, 2005 original lease, not inconsistent herewith, shall remain in full force and effect. IN WITNFSS�REOF, the parties have caused this lease amendment to be executed this day of , 2007. (SAir�i --{fBOARD OF COUNTY COMMISSIONERS ATTIRST: ANY L. KOLHAGE OF MONROE COUNTY, FLORIDA Clerk WITNESSES: Alm -Q i)Aj 1'J � � CD Date _ By; fJ�-II Mayor/Chairperson DISABLED AMERICAN VETERANS .". " 9V By: NiY A F�NEY AS GW0'CF--- ATCORNEY /a % I to r ��l itf!� rri rtirti rr. irrf! rrI rft ff/f/rr Jf rtr, rr rrlJrf/rrrl frr%fr �rrf, rJ rr rr r, rr rr fr irrfr rfr rri / r/� r�rfr f i� rri r � JIB irrt>,rJ✓lttr � f/, fi, frr frr rr rri r� fjr� fr f jflrCL%I ifr4 rfJ rfi�r%frrr rfr!' /, rr rf J, rf rrr ifr,J Jrr frr r f J r ff rf /, riJ fr j fir fi, frr rrr rri r/i rfr rfi rri rri rri %ri rfr rim rrffi� rir %rrrfr frr rri rfi Jfi rri it ri, fr, rrr fj, f/r ff� %frr rfi rfi rrr rri rfi frJ rrr fff J,r/,r /rf / rf/ Jfi rfJ r%f rrl f// rfrf Jfiff'/'Jrf I _r/ rr iri rri J �rifi rri I z Ot cr- W 0 a a � J C3 z ul N X LL LJ = Malrrff 3 jrf, ' r � I r r , �, �i rr• Irr III r��� rr ff� f f�ri Ff l,! rri rrrrir� rr W i,�r f�� r�I,r� rrr�r� rrrrlr� rri rri f,� i I W ;Jrr:.fi `r1/rfs�rri,ti%frrr%r -1 V i I N;3 ® I S D d U EXHIBIT "1" � / � � | _- �- 24w LEASE AGREEMENT FLORIDA KEYS MARATHON AIRPORT DISABLED AMERICAN VETERANS (DAV) THIS CONTRACT OF LEASE is made and entered into this 15th day of June, 2005, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and DISABLED AMERICAN VETERANS (DAV), Chap. 122, hereinafter referred to as "DAV". WHEREAS, COUNTY owns property adjacent to and including an airport known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; now, therefore IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto DAV, and DAV does hereby lease from COUNTY, certain premises, facilities, rights and privileges as follows, to wit: 1. Premises. COUNTY does hereby lease to DAV, and DAV leases from the COUNTY, a parcel of land located at the Florida Keys Marathon Airport and improvements thereon, as described in Exhibit "A" attached hereto and incorporated herein. 2. Term. The term of the lease shall be sixty (60) months, commencing June 15, 2005 and ending on June 14, 2010. 3. Rentals and Fees. During the term of this lease, DAV shall provide maintenance and improvements of the premises, services and cash payments for a total value of $28,980.00 per year. Such maintenance and improvements of the premises, services and cash payments will be similar to those provided during its previous lease of the premises, as described in Exhibit "B", 8/27/98 Memo from Peter Horton to Charles Blair, attached hereto and incorporated herein. Failure to perform DAV's obligations under this lease constitutes a default for which cause the COUNTY may terminate this agreement. The acceptance by the COUNTY of any improvements, repairs or services shall not operate as a waiver of any future default. 4. Record-keeiping and Audit Procedures, At the end of each contract year it shall be determined if the total value of maintenance, improvements and services provided during the year is equivalent to the $28,980 annual rental fee. If they are not equivalent, the difference shall be treated as follows: a. If there is an excess of value of maintenance, improvements and services over $28,980, the difference shall be credited to the following year's requirements; or b. If $28,980 exceeds the value of maintenance, improvements and services, the difference shall be paid by DAV to COUNTY within 30 days of the accounting. DAV shall keep all records relevant to the maintenance, service and payments required by this lease on generally recognized accounting principles, acceptable to the COUNTY, which records shall be available to the COUNTY or its authorized representatives for audit. Said records shall be made available weekdays from 8:30 AM to 5:00 PM and shall be retained for a period of at least three years following the termination of this agreement. In the event of an audit exception at the end of the term, DAV shall pay to COUNTY any amount necessary to complete its obligations under this Lease. 5. Leasehold Improvements and Use. DAV shall have the right to occupy the premises as described in Exhibit "A". 6. Right of Ingress and Egress. DAV, its agents, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the leased premises, which shall not be unreasonably restricted by COUNTY. 7. Utilities. DAV shall be responsible for the payment of electrical service, water service, trash and septic tank servicing and similar utility services as needed. 8. Assignment. The premises leased hereunder may not be sublet and this lease may not be assigned without the written consent of the COUNTY. 9. Maintenance of Premises. DAV shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at Ieast as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. 10. Indemnification/Hold Harmless. DAV agrees to indemnify and save COUNTY harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the negligence of DAV, its agents, or employees in the use or occupancy of the leased premises and the common areas of the Airport facilities by DAV. However, DAV shall not be liable for any claims, actions or expenses resulting from the COUNTY's negligence. The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within this agreement. 11. Insurance Requirements. a. DAV will obtain or possess the following insurance coverages and will provide Certificates of Insurance to County to verify such coverage: General Liability. DAV shall provide coverage for all premises and operations including Products and Completed Operations, Blanket Contractual Liability, Personal Insurance Liability, Expanded Definition of Property Damage and Fire Legal Liability (with limits equal to the fair market value of the leased property.) The limits shall not be less than; $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 2 Liquor Liability — Recognizing that the work governed by this contract involves the sales and/or distribution for alcoholic beverages, DAV's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. Vehicle Liability. DAV shall provide coverage for all owned, non -owned and hired vehicles with limits of not less than: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage Worker's „Compensation. DAV shall provide coverage with limits sufficient to respond to the applicable state statutes. Employers' Liability. DAV shall provide Employer's 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 b. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except Worker's Compensation. c. 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 days prior notification is given to the COUNTY by the insurer. d. The acceptance and/or approval of DAV's insurance shall not be construed as relieving DAV from any liability or obligation assumed under this lease or imposed by law. e. DAV shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with Paragraph 12. f. 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. 12. Default. Unless the COUNTY has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this lease. The failure of DAV to perform any of the covenants of this lease, which failure shall continue for a period of fifteen (15) days after notice thereof is given to DAV in writing by the COUNTY, shall also constitute a default under the terms of this lease. In the event of a default, COUNTY may, at its option, declare the lease forfeited and may immediately re-enter and take possession of the leased premises and this lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this agreement, the COUNTY shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the COUNTY to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 13. Books Records and Documents. DAV 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 DAV pursuant to this Agreement were spent for purposes not authorized by this Agreement, the DAV shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to DAV. 14. 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 DAV agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The COUNTY and DAV 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. 15. 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 pernnitted 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 DAV 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. 16. Attorne 's Fees and Costs. The COUNTY and DAV 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. 17. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and DAV and their respective legal representatives, successors, and assigns. 4 18. 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. 19. Claims for Federal or State Aid. DAV 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. 20. Ad'udication of Disputes or Disagreements. COUNTY and DAV agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and DAV 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 DAV specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. Nondiscrimination. COUNTY and DAV 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 DAV 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. 1.681-1683, 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 5 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. 23. Covenant of No Interest. COUNTY and DAV 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. 24. 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 I12.313, 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. 25. No Solicitation/Pa ment. The COUNTY and DAV 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 DAV 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. 26. Public Access. The COUNTY and DAV 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 DAV in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by DAV. 27. Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the COUNTY and the DAV in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or Ioeal 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. 28. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. on 29. Le al Obli ations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by Iaw 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. 30. 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 DAV agree that neither the COUNTY nor the DAV 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. 31. Attestations. DAV agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement, 32. No 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 Iiability or accountability by reason of the execution of this Agreement. 33. 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. 34. Section„ Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. Cancellation of Lease. COUNTY may cancel this lease agreement by giving DAV sixty (60) days advanced written notice upon the happening of any of the following events: the appointment of a receiver of DAV's assets; the divesting of DAV's leasehold estate by other operation of law; the abandonment by DAV of its operations at the premises for a period of sixty (60) days, By the end of the sixty (60) day notice period, DAV shall have vacated the premises and the COUNTY may immediately re-enter and take possession of same. If it is necessary to employ the services of an attorney in order to enforce the COUNTY's rights under this paragraph, the COUNTY shall be entitled to reasonable attorney's fees. 7 36. FAA Requirements. The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit "C", attached hereto and made a part hereof. IN WITN SS WHEREOF, the parties have caused this lease to be executed this day of , 2005. 67 BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By Deputy Clerk WITNESSES: Mayor/Chairperson DISABLED AMERICAN VETERANS MONROE COUNTY ATTOR Y AP OVER AS TO ZANN A. U TON ASSISTANT Y B T RNEY Date_ . Cal G C) rM n r C>n. N o -g M rn M o y W :C3 EXHIBIT "A" PROPERTY 9, lir�r� lir rir� r � LU m riQi r � E' i!� irk jr it/!i!i!/ri��r/ rrrlil4 !r/!!/!/r!!r%rr4/rhrrlilr/fr r/ 4r rir /irlrr ri/ /i/!ir/i! Li 1:0 -� W 1 � CO r � ✓r/ _ _ � - `; is 'r! �fi rri r f!r 1f LLJ Q 1 ex O O I 1,8 i i �z z r 1 Z I (!] WLLJ I l t �N zUJ z . X IL m — 1 LLJ L ! 0 1 CI 1 La cr 1 © 1 o Ja !!�,, v� � � �ri � • � 1S H i �. �... .T.?. mow. r/� //� rrr rrr// :rri rrr rr r' rrrr � irri r'i�rir rr!� wrrr /` I jr! /r!r/irrir4l�ri�rirr /rrr ! !r! r r V to Oy�t ,�r !r !r r 10 !ri rri!/i/ri /!i r /ri'/!rrr r/i' i LU � rr�rrf rr�lr�r rrr rr/ rr� rr/rr � w b` I I N3 0 1 S 3 6 � EXHIBIT "A" TO LEASE DATED OCTOSER 1. 1978 BETWEEN COUNTY OF FIONROE, STATE OF FLORIDA A14D DISABLED ARERICAN VETERANS (DAV) CHAPTER 122 DESCRIPTION OF A PARCEL OF LAND FOR THE "DISABLED AMERICAN VET- LRANS", mA ATHON, FLORIDA, AS REQUESTED BY MR. ROBERT PICK. Sicua_•ed in the County of Monroe, and State of Florida, and known as being a part of Section 1, Tnwnship 66 South., Range 32 East on Key Vaca, and hounded and described as follows: Beginning at the southwesterly corner of the Marathon Air Strip, bear North along the westerly Tina thereof 150.00 feet; thence bear North 67 degrees. 51 minutes, 00 seconds East 250.00 feet; thence bear South 150.00 feet to a point on the Southerly line of said Marathon Air Strip; thence heax South 67 tiegr,."s, 51 minutes, 00 seconds West ' along the Southerly line of said Marathon Air Strip, 250.00 feet back to the Southwesterly corner there- of, and place of beginning, and containing 0.797 acres of land. ALSO DESCRIBE6'AS Starting at the S.W. corner of the airport, proceed N67057'E, 28', to a point on the south Iine'of the airport which shall be the point of beginning, thence N00002'30"E along a line parallel to the west line of the airport 150'. thence N670511C 250' then soutli 150, S00002'30" to a point on the south line of the airport S67051'W thence 250' back to the S.W. corner of the airport, the point of beginning. Note: The west line of the airport is 28' west of the airport fence and at the south bound lane of Aviation Boulevard. EXHIBIT "B" MAINTENANCE, IMPROVEMENTS, SERVICES OUNTY of MONROE KEY WEST FLORIDA 33040 August 27, 1998 Charles Blair, Manager Federal Aviation Administration 5950 Hazeltine National Drive Suite 400 Orlando, FL 32822 Dear Charlie: _..._,.,: AUG 3 1 98 130ARD OF COUNTY COMMISSIONERS MAYOR, Jack London, District 2 Mayor Pro Tern, Wilhelmina Harvey, District 1 Shirley Freeman, District 3 Keith Douglass, District 4 l)f 4 •f * Mary Kay Reich, District 5 Attached is what I believe, to be a very workable plan to keep the DAV on the Marathon Airport, The memo outlines the annual services that the DAV will perform to support our facility and its users. The document is a collaborative effort between both the DAV and myself. They have reviewed the final draft and have given it unanimous approval. I am also anticipatiug a unanimous affirmative vote at the September 9, 1998 BOCC meeting in Marathon. I am also attaching letters of support and interest in the various programs and service:, that the DAV proposes to accomplish and render during the next year. In the course of coming to an agreement with, the DAV, I have met with their members on many occasions over the last few months. I can honestly say that I have no doubts of their sincerity or their ability to follow through with the implementation of this plan. They are very enthusiastic and they look forward to serving an aviation function which will be a direct benefit to the airport. erely, t eter J Ho n, ivision Director Community Services Division cc: David Bjorneboe, Florida Department of Transportation R OUNTY KEY WEST of MONROE FLORIDA 33040 MEMORANDUM TO: Charles Blair, Manager FAA ADO Orlando FROM: Peter J. Horton, Division Direct Community Services Division DATE: August 27,1998 B 10 OF COUNTY COMMISSIONERS MAYOR, Jack London, District 2 Mayor Pro Tem, Wiihelmina Harvey, District 1 Shirley Freeman, District 3 Keith Douglass, District 4 Mary Kay Reich, District 5 SUBJECT: DAV Services in lieu of Rent Payments to allow the Disabled American Veterans to remain on the Marathon Airport As you know the DAV has leased property at the Marathon Airport since October 1, 1978. The current lease expires on September 30, 1998. You have submitted two letters to Monroe County outlining FAA's position on a lease extension (March 9, 1998 and July 20, 1998). 1n your letters you have stated that the DAV must pay Fair Market Value for the property or provide equivalent benefits to the Airport. The following is an outline of how the DAV will annually provide equivalent benefits to the Airport which will exceed the appraised FMV rental of $28,980. 0 The elements of the proposal are divided into three categories of benefits: Maintenance and Improvements, Events, and Programs. MAINTENANCE ANDXVIPROVEMENTS Upon the expiration of the existing lease, the building and all of its appurtenances (constructed and paid for by the DAV) become the property of Monroe County. Because the DAV was unsure of the status of their request for a lease extension many maintenance and improvement projects have been deferred during the last year. Upon execution of a new lease the following projects will be accomplished which will enhance the value of the property, soon to be owned by the County. 1. Repair and upgrade of: a. Electrical Systems b. Air Conditioning Systems c. Plumbing Systems d. Floors e. Walls f. Ceilings g. Painting as needed ESTIMATED FMV OF THIS WORK ---------- $109000 2. Improvements to the grounds and parking facilities: a. New Planting with mulching b. Fence Refurbishing ESTIMATED FMV OF THIS WORK -----_---- S 31000 Palle 2 EVENTS Promotion of the Marathon Airport is becoming critical due to declining commercial air service. The County is about to imp[ement a marketing plan to obtain additional service and passengers. The staging of special events at the Airport will help with our promotional efforts. The DAV with its large assembly room and food and beverage facilities will be a tremendous asset to these events. I. Bomber Day (Annually, in the last week of January, the Collings Foundation brings down two W.W.II bombers for rides and display) The DAV will assist in one or more of the following: a. Hospitality Services 1. Meeting Room 2. BanquetlBuffetBeverages b. Transportation services for pilots and crew ESTIMATED FMV OF THESE SERVICES ---------- $ 2,500 2. One Annual Event to be hosted and coordinated by the DAV. In the past the Airport has sponsored an Airport Appreciation Day but it did not become an annual event. The DAV will undertake at Ieast one' event a year. Plans for exactly what type of community/airport event will take place are uncertain at this time, however the following is a list of possibilities: a. Airport Open House b. Airport Appreciation Day C. Skydiving Days d. Antique Airplane Show e. Model Airplane Show ESTIMATED FMV FOR THESE SERVICES ----- $ 91500 P—aze 3 PROGRAMS 1. Airport Intern Program For the last two years the Airport Department has taken on a summer intern to work in airport offices during June, July, and August. The DAV already has a scholarship program in place. We propose to combine the two programs. The DAV will take over the Airport Intern Program and screen and interview all prospective candidates. They will monitor the intern's progress, and will award a scholarship of $1,000 to the intern after he or she has completed ' the program. ESTIMATED FMV FOR THIS WORK ---------- $ 39000 2. Assistance to other Aviation related groups operating from the Marathon Airport. In the Marathon area meeting room space is very limited and expensive. The DAV has a 1,320 sq. ft. meeting room which is ideally suited to conduct aviation related group meetings. A FMV cost of $50.00 per hour was determined by surveying other like facilities in the area. The following is a list of groups which will be using the DAV building in the future: A. FKAA - The Florida Keys Aviation Association (General aviation aircraft owners and pilots). B. Civil Air Patrol - The DAV will become their clubhouse for meetings. C. Young Eagles - The DAV will become their classroom facility. D. Monroe County Airports - The DAV will become the meeting room of choice when we have a pre -bid conference on a large project with many expected attendees. ESTIMATED FMV FOR THIS SERVICE ---------- $ 4,500 Page 4 TOTAL ESTIMATED ANNUAL FMV OF DAV SERVICES TO THE MARATHON AIRPORT --------- S32,500 Other elements of this proposal: A. Term of the lease The DAV is requesting that the initial term of the lease extension be for five years. B. Monitoring of DAV Services to the Airport. On an annual basis, the Airport Department will audit the DAV's accounting of services provided to the airport and the value placed upon them. The period to be reviewed will be from October I to September 30 annually. The DAV will have 30 days after September 30 to submit their documentation to the Airport Department. The Airport Department will have 30 days after receipt of the documentation to review it. The FAA may require to inspect any and all documentation received from the DAV or the Airport Departments review of those documents. C. Year End Carryover. If the DAV renders services to the Airport that exceed the FMV of the annual rental payment, any surplus will be credited toward the next years rental payment. Conversly, as per FAA regulations and the policy of the Monroe County Board of County Commissioners the amount of annual FMV rent will increase each year by CPI. CONCLUSION I believe that this proposal meets and exceeds the requirements outlined in your letters. Therefore, I look forward to the FAA's approval of the proposal. Paize 5 EXHIBIT "Ca FAA REQUIRED LEASE CLAUSES O s�.. � E I Y E D DEC 2 3 1993 AIRPORTSIOMB FAA REVIRED LEASE CLA63ES 1. This .lease shall be subject to review and re-evaluation at the end of each year period, by the airport nwnRr and the rent may be adjusted according to their action, not kin exceed the Consumer Price Index rate during the last month period, or; Lard less improvements will be Appraised every 5 years and the adjusted rental will be based can normally 10 -12 percent of appraisad value. if disputed, lessor obtaina appraical at his expenso and lessorjlessee equally share expense for review apprai,aal that establishas fair market value, z. The tenant, for himself, him peroonal representativer,, sucsuudsurs in interest, and assigns, as a part of tha consideration hereof, sues hereby covenant and agree that (1) no person on the yruunds or :ace, color, or national origin shall be excluded fx•um participation in, denied the benefits of, or be otherwise subjected to cii.scrimination in the use of said facilities, (2) that in the construction oi= any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race•, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Cade of Federal Regulations, Department of Transportation, Subtitle A, Office of the secretary, Part 21, Nondiscrimination in Federally -assisted programs; of the Department of Transpnrta,tion-Effectuation of Title V1 of the Civil Rights Act of 1964, And As said Regulations may be amended. ;That in the avant of breach of any of the above nondiscrimination covenantu, Airport Owner shall have the right to tcr=inate the leases and to re -center and as if said ledge had never boon made or i.acucd. The provision shall not be effective until the proceduros of Title 49, Code of Federal Rcgulations, Part 21 are rulluwud aiia completed including exercise or expiration of appeal rights. 3. It mall be a condition of this lettse, Q1dL Lhe lessor reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage ot aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise a5 may be inherent in the Operation of aircraft, now known or hereatter used, for na'vigatlon of or flight in the said airspace, and ,kor use of said airspace for landing on, taking off from or operating on the airport. That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to ,such a height so as to comply with Federal Aviation Regulations, Part. 77. That the Lassaa oxprasaly agroaw for itself, its cueocccore and acei.gne, to prevent any use of tha hereinafter described roai property which would interfera with or adversely affect the operation or Maintenance of the airport, or otherwise oonotituto an airport hazard. 4. This lease and all provisions hereof are subject and subOX- i.inate Lv the Lerms and conditions of the instruments and documents under which Lice Airport Owner acquired the subject property from the UnlLed SLates of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of saia_lands from the.Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or.regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the LIL,J.(UiJJI,ItV Airport. S. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted tinder this agreement are nonexclusive and the Lessor herein -reservers the right to grant similar privileges to another Lessee or other Y,A.c-,sAAR on other parts of the airport. ECE VED OEC 2 3� 1993 AIRPORTS j OMB SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 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 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. T�fl/ STATE OF U ( 1 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 _�� day of ��Z�Is NOTARY My commission expires: 3,2 OMB - MCP FORM #4 MpLy1,1 R, iiDNRYStah''121Ih`IBor��yN&A=1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Airports Bulk Item: Yes X No _ Department: Marathon Airport Staff Contact: Reggie Paros — (305) 289-6060 AGENDA ITEM WORDING: Approval of Lease Agreement with Federal Express Corporation for use of air cargo building and unimproved areas around the building at Florida Keys Marathon Airport ITEM BACKGROUND: Federal Express currently leases the old airport terminal building at the Marathon Airport as the air cargo building, and unimproved land around the air cargo building for use for loading, unloading and parking automotive vehicles. The current lease ends on March 31, 2010. The term in the attached Lease Agreement commences April 1, 2010 and ends on March 31, 2015. PREVIOUS RELEVANT BOCC ACTION: At their meeting on September 28, 2005, the Board approved a Lease Agreement between Monroe County and Federal Express Corporation for operations at the Florida Keys Marathon Airport. On April 21, 2010, the Board granted approval to extend the Lease Agreement with Federal Express Corporation on a month -to -month basis under existing terms and conditions, pending execution of a new agreement. 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 MONTH $ 2702 YEAR $32,418 plus tax plus tax 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: Federal Express Corporation Contract Effective April 1, 2010 Expiration March 31, 2015 Date: Contract Purpose/Description: Lease a eement of air cargo building and unimproved areas around the building on airport property to be used for transportation of cargo and other property by air. Contract Manager: Reggie Faros 6060 Marathon Airport/Stop 15 (Name) (Ext.) (Department/Stop #) for BOCC meeting on March 17, 2010 Agenda Deadline: March 3, 2010 CONTRACT COSTS Revenue Total Dollar Value of Contract: $ Producing Current Year Portion: $ Budgeted? Yes❑ No ❑ Account Codes: y o 3 _ 3 ` q io 4 nA Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, s, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[] Nod] 0'?,(.40 Risk Manag ment Yes❑ No[? O.M.B./Purch�ing c Yes❑ No[] i County Attorney Yes❑ NoN 16 I Comments: OMB Form Revised 2127/01 MCP #2 LEASE AGREEMENT FLORIDA KEYS MARATHON AIRPORT Federal Express Corporation THIS CONTRACT OF LEASE is made and entered into on this day of , 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and FEDERAL EXPRESS CORPORATION, hereinafter referred to as "FEDEX." WHEREAS, COUNTY owns an airport known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport," and WHEREAS, FEDEX is engaged in the business of air transportation of cargo and other property, and WHEREAS, FEDEX desires to obtain certain rights, services and privileges in connection with the use of the Airport facilities, and the COUNTY is willing to grant and lease the same to FEDEX on a non-exclusive basis, upon the terms and conditions hereinafter stated, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto FEDEX, and FEDEX does hereby lease from the COUNTY, certain premises, facilities, rights, and privileges in connection with and on the Airport, as follows, to wit: 1. Premises The COUNTY does hereby lease to FEDEX, and FEDEX leases from the COUNTY, the existing terminal (air cargo building) presently located at the Airport, measuring two thousand (2,000) square feet and nine thousand, five hundred sixty-five (9,565) square feet of unimproved areas around the building, as indicated on the drawing labeled as Exhibit "A" attached hereto and made a part hereof. 2. Use of the Airport FEDEX shall be entitled to use, in common with others authorized to do so, the airport facilities and appurtenances, together with all equipment, improvements, and services which have been or may hereafter be provided at or in connection with the Airport for common use, in the operation of a business for the transportation of cargo and other property by air. 3. Term The term of this lease shall be five (5) years, commencing April 1, 2010, and ending on March 31, 2015. 4. Rentals and Fees During the term of this lease, FEDEX shall pay to the COUNTY, rent as follows: 1) the amount of Two Thousand, Three Hundred Eighteen Dollars and 91/100 Cents ($2,318.91) per month for the area of two thousand (2,000) square feet, in the existing terminal area plus patios (air cargo building) for a total of Twenty-seven Thousand, Eight Hundred Twenty-six Dollars and 92/100, Cents ($27,826.92) per annum, plus applicable sales tax, and 2) the amount of Three Hundred Eighty-two Dollars and 60/100 Cents ($382.60) per month for an area of nine thousand, five hundred sixty-five (9,565) square feet of unimproved land around the air cargo building, for use for loading, unloading, and parking of automotive vehicles, for a total of Four Thousand, Five Hundred Ninety-one Dollars and 20/100 Cents ($4,591.20) per annum, plus applicable sales tax. Rental rates are subject to adjustment each year, commencing April 1, 2011, in accordance with the percentage change in the Consumer Price Index for urban consumers (CPI-U) for the preceding calendar year. Rents for items 1 and 2 shall be paid in equal monthly installments, each of which shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Upon the failure of FEDEX to pay any installments when due, the COUNTY will be entitled to charge and collect, and FEDEX will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty (30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by FEDEX under the terms of this lease. The COUNTY, at its option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to paragraph 36 of this lease. In the event that any check, draft or negotiable instrument by which FEDEX has tendered any rent payment is returned to the COUNTY and not honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for such dishonored instrument. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees and penalties, declare a default, and proceed according to paragraph 36 of this lease. 5. Security Deposit In addition to the rent payment as provided above, FEDEX shall maintain with the COUNTY, the sum deposited, to -wit: an amount of Two Thousand, Five Hundred Dollars ($2,500.00), which the COUNTY will hold as a security deposit. In the event of any breach by FEDEX of any of the terms of this agreement, including any failure to timely pay any rent due, the COUNTY may draw upon the monies held by the COUNTY as security, to pay and cover any amounts due and owing from FEDEX. 6. Guarantee of Subcontractor Responsibility FEDEX has subcontracted certain services to be provided by a subcontractor, Mountain Air Cargo (MAC), using FEDEX's airplane. In the event and upon notice that MAC is unable to satisfy its obligations for all operating expenses related to aircraft, including landing fees, FEDEX will assume responsibility for ensuring all payments and contractual agreements are maintained, or vacate the premises, and this lease shall be terminated in accordance with paragraph 36 of this agreement. 7. Leasehold Improvements and Use FEDEX shall have the right to occupy the existing terminal (air cargo building) measuring two thousand (2,000) square feet, and an area of nine thousand, five hundred sixty-five (9,565) square feet of unimproved land adjacent to the existing terminal (air cargo building), as shown on Exhibit "A" attached hereto and made a part hereof. 2 FEDEX has the right during the term hereof, at its own expense, at any time from time to time, to install, maintain, operate, repair and replace any and all trade fixtures and other Airport personal property useful from time to time in connection with its operation on the Airport, all of which shall be and remain the property of FEDEX and may be removed by FEDEX prior to or within a reasonable time after expiration of the term of this agreement; provided however, that FEDEX shall repair any damage to the premises caused by such removal. The failure to remove trade fixtures or other personal property shall not constitute FEDEX a hold over, but all such property not removed within ten (10) days after FEDEX receives a written demand for such removal shall be deemed abandoned and thereupon shall become the sole property of the Airport. FEDEX shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by FEDEX or any of its contractors or subcontractors on the leased premises or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of FEDEX. FEDEX may only utilize the leased building to provide counter space for members of the public desirous of using FEDEX's cargo and package services and for the operation of a business engaged in the transportation of cargo and other property. While premises are leased to FEDEX for parking, FEDEX shall not park or place automotive vehicles in any space on the premises unless it has been designated by the COUNTY for parking. The COUNTY shall cooperate with FEDEX in designating a reasonable number of parking spaces to accommodate FEDEX's business traffic. 8. Common Areas FEDEX shall have the right to use, in common with others, the Airport space and facilities to permit landing, taking off, loading, unloading and servicing of FEDEX's aircraft, subject to reasonable rules and regulations of the COUNTY as to the use of such common spaces and facilities. 9. Ri2ht of Ingress and Egress FEDEX, its agents, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the leased premises, which shall not be unreasonably restricted by the COUNTY. 10. Utilities FEDEX shall be responsible for the payment of electrical service, water service, trash and septic tank servicing and similar utility services as needed. 11. Assignment The premises leased hereunder may not be sublet and this lease may not be assigned without the written consent of the COUNTY. 12. Maintenance of Premises FEDEX shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. FEDEX is responsible for and shall properly maintain the security fences and gates surrounding the leased premises and is also responsible for properly securing any portion of the premises being remodeled or under construction. 13. Inspection and Maintenance of Premises by COUNTY The COUNTY and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether FEDEX has complied and is complying with the terms and conditions of this agreement with respect thereto; 3 b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of FEDEX and, provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the leased premises by FEDEX, the COUNTY or third parties, as a result of the exercise by the COUNTY of its rights hereunder, and all damage to such fixed improvements caused thereby, shall be borne by the COUNTY. 14. Insurance Requirements a) FEDEX will obtain or possess the following insurance coverages and will provide Certificates of Insurance to the COUNTY to verify such coverage; Commercial General Liability. FEDEX shall provide coverage for all premises and operations including Contractual, Products, and Completed Operations, and Personal/Advertising Injury. The limits shall not be less than; $5,000,000 Combined Single Limits (CSL) or its equivalent If split limits are provided, the minimum limits acceptable shall be; $5,000,000.00 per occurrence, $500,000 per person, $100,000 Property Damage The General Aggregate limit shall either apply separately to this agreement or shall be at least twice the required occurrence limits. Business Automobile Liability. FEDEX shall provide coverage for all owned, non -owned and hired vehicles with limits of not less than; $5,000,000 CSL or its equivalent If split limits are provided, the minimum limits acceptable shall be; $5,000,000 per occurrence $500,000 per person $100,000 Property Damage Professional Aviation Liability. FEDEX will provide coverage for limits of not less than $30,000,000.00 CSL, including passengers, or its equivalent. Worker's Compensation. FEDEX shall provide coverage with limits sufficient to respond to the applicable state statutes. Employer's Liability. FEDEX shall provide Employer's 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. 0 Property Insurance. FEDEX shall provide coverage for all premises governed by this agreement with limits no less than the Replacement Cost Value of the leased premises and as a minimum shall include coverages consistent with the latest version of the Special Form as filed by the Insurance Services Office (ISO) and shall include as a minimum coverage for claims arising out of Fire, Sprinkler Leakage, Windstorm, Civil Commotion, Lightning, Sinkhole Collapse, Smoke, Aircraft and Vehicle Damage, Vandalism, Falling Objects, Explosion and Flood. b) The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except for Worker's Compensation. In addition, the Monroe County Board of County Commissioners shall be named as Loss Payee on any property insurance placed on the leased facilities. c) 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. d) The acceptance and/or approval of FEDEX' S insurance shall not be construed as relieving FEDEX from any liability or obligation assumed under this lease or imposed by law. e) FEDEX shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with paragraph 36. f) Non -Waiver of Immunity. Notwithstanding the provision of Sec. 768.28, Florida Statutes, the participation of COUNTY and FEDEX 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. 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. 15. Books, Records and Documents FEDEX shall maintain all books, records, and documents directly pertinent to performance under this agreement in accordance with generally accepted accounting principles consistently applied. Each party to this agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this agreement for public records purposes during the term of the agreement and for four (4) years following the termination of this agreement. The COUNTY, acting through its Finance Director or other authorized representative, shall have the right to inspect and audit FEDEX's books of accounts and other records directly generated at the Florida Keys Marathon Airport facility or otherwise pertaining to this agreement. Knowingly furnishing the COUNTY a false statement of its Actual Revenue Trip Arrivals under the provision hereof will constitute a default by FEDEX of this agreement and the COUNTY may, at its option, declare this lease terminated. FEDEX retains the right to have its controller or a representative assigned by its controller to be present during any inspection or audit by the COUNTY. Ten (10) business days notice must be given of intent to audit by the 61 COUNTY to allow FEDEX's controller sufficient time to schedule said presence. Nothing contained within this section waives attorney/client or attorney work product privilege. 16. 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 FEDEX agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The COUNY and FEDEX agree that, in the event of conflicting interpretations of the terms or a term of this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 17. Severability If any term, covenant, condition or provision of this agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this agreement would prevent the accomplishment of the original intent of this agreement. The COUNTY and FEDEX agree to reform the agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 18. Attorney's Fees and Costs The COUNTY and FEDEX agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative and out-of-pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 19. Binding Effect The terms, covenants, conditions, and provisions of this agreement shall bind and inure to the benefit of the COUNTY and FEDEX 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 The COUNTY and FEDEX agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 22. Adiudication of Disputes or Disagreements The COUNTY and FEDEX agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within thirty (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of C. the Monroe County Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this agreement by Florida law. 23. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this agreement, the COUNTY and FEDEX agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this agreement or provision of the services under this agreement. The COUNTY and FEDEX specifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. A party who requests the other's party's participation in accordance with the terms of this section shall pay all reasonable expenses incurred by the other party by reason of such participation. 24. Nondiscrimination The COUNTY and FEDEX 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 FEDEX has discriminated against any person, this agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. The COUNTY or FEDEX 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 may be amended from time to time, relating to nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this agreement. 25. Covenant of No Interest The COUNTY and FEDEX covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this agreement, and the only interest of each is to perform and receive benefits as recited in this agreement. 26. Code of Ethics The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 7 27. Public Access The COUNTY and FEDEX 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 FEDEX in conjunction with this agreement; and the COUNTY shall have the right to unilaterally cancel this agreement upon violation of this provision by FEDEX. Nothing contained within this section waives attorney/client or attorney work product privilege. 28. Non -Waiver of Immunity Notwithstanding the provisions of Sec. 286.28, Florida Statues, the participation of the COUNTY and FEDEX in this agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government 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. 29. 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. 30. Legal Obligations and Responsibilities Non -Delegation of Constitutional or Statutory Duties. This agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, State Statute, and case law. 31. Non -Reliance by Non -Parties No person or entity shall be entitled to rely upon the terms, 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 FEDEX agree that neither the COUNTY nor FEDEX 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. 32. Attestations FEDEX agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement and an Ethics Statement. 33. 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. 1.1 34. 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. 35. Section Heading 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. 36. Default Unless the COUNTY has accepted a rental installment after it has become due together with any applicable late payments and penalties, the failure to pay rental installments when due shall constitute a default under the terms of this lease. The failure to pay any other charges or fees when due under this lease shall constitute a default. Further, the failure of FEDEX to perform any other of the covenants of this lease, which failure shall continue for a period of fifteen (15) days, or for such longer period of time as may be reasonably required to rectify said failure through the exercise of prompt, diligent and continuous action, after notice thereof is given to FEDEX in writing by the COUNTY, shall also constitute a default under the terms of this lease. In the event of a default, the COUNTY may, at its option, declare the lease forfeited and may immediately re-enter and take possession of the leased premises and this lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its right under this paragraph, or to collect any of its rentals, fees, or charges due, the COUNTY shall be entitled to reasonable attorney's fees. 37. Cancellation of Lease The COUNTY may cancel this lease agreement by giving FEDEX sixty (60) days advanced written notice upon the happening of any one of the following events: the appointment of a receiver of FEDEX's assets; the divesting of FEDEX's leasehold estate by other operation of law; the abandonment by FEDEX of its air cargo transportation business at the Airport for a period of sixty (60) days. By the end of the sixty (60) day notice period, FEDEX shall have vacated the premises and the COUNTY may immediately re-enter and take possession of the same. If it is necessary to employ the services of an attorney in order to enforce the COUNTY's rights under this paragraph, the COUNTY shall be entitled to reasonable attorney's fees. 38. FAA Requirements The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit B, attached hereto and made a part hereof. 39. AIRPORT SECURITY a. General. The Federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b. Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this agreement, other than the airport operator, is an airport tenant. Q7 c. Airport Operator Defined. As used in this agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d. Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport -related purposes. For purposes of this agreement, airport property is the property generally referred to as the Key West International Airport, the Florida Keys Marathon Airport, or both as may be set forth in this agreement. e. Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. f. Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this agreement. h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this agreement. (1) Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (2) Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs irt incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this agreement by the airport tenant. 11 (5) Survival of Subsection. This subsection shall survive the cancellation or termination of this agreement, and shall be in full force and effect. 40. Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, FEDEX 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) 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 FEDEX or any of its employees, agents, contractors or other invitees on the Airport during the term of this lease, (B) the negligence or willful misconduct of FEDEX or any of its employees, agents, contractors or other invitees, or (C) FEDEX'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 FEDEX). 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. 41. Rules and Regulations A. COMPLIANCE. FEDEX shall comply with the Minimum Standards for Commercial Aeronautical Activities by Fixed Base Operators and Other Aeronautical Service Providers at Monroe County Airports and all ordinances of the COUNTY, including any reasonable rules and regulations with respect to use of Airport property, as the same may be amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the federal, state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations, including specifically, without limiting the generality thereof, federal air and safety laws and regulations and federal, state, and county environmental, hazardous waste and materials and natural resources laws, regulations and permits. In making the foregoing covenant, FEDEX does not undertake any obligations to make alterations or improvements to the leased premises or to remediate, or take any other action with respect to, any environmental condition that affects the leased premises, both that is not attributable to FEDEX's activities on the leased premises. This Lease is subordinate to the County's obligations under federal aviation law and contractual commitments to the federal government. Upon a formal written declaration by the Federal Aviation Administration ("FAA") that a term or provision of the Lease is inconsistent with federal aviation law or a contractual commitment to the FAA, the impermissible term shall be severed, without affecting the remainder of the Lease, so long as the severance of that term does not materially affect FEDEX's rights or obligations arising under the terms of this Lease. The parties may agree to amend this Lease as provided herein as necessary to comply with the FAA's formal written declaration. B. VIOLATIONS. FEDEX agrees to pay on behalf of the COUNTY any penalty, assessment, or fine, issued against the COUNTY, or to defend in the name of the COUNTY any claim, assessment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or county governments, based in whole or substantial part upon a claim or allegation that 12 FEDEX, its agents, employees or invitees have violated any law, ordinance, regulation, rule or directives with which FEDEX agrees to comply in 41(A) above. 42. Rights Reserved. Rights not specifically granted to FEDEX by this Lease are reserved to the COUNTY. The foregoing will not constitute a waiver by FEDEX of any rights it may virtue of the statutory or common law of the United States or the State of Florida. 43. Mutual Review. This agreement has been carefully reviewed by FEDEX and the COUNTY, therefore this agreement is not to be construed against either party on the basis of authorship. IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of 12010. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA am Deputy Clerk Witness Witness By Mayor/Chairman FEDERAL EXPRESS CORPORATION By Ma yP*cloy Real EgWii / / Title d pan Qeva+opment V -7 Approved Legal Department �1- • - 7 r NP P ROV EO 1 M�-N1 p�COUN��ND DEPA 13 EXHIBIT La OL -- !• /••/i• /ol y IS r 000, b mk� - -- EXHIBIT B DEC 23 1g93 AIRPORTSIOMB l'AA R$Q== UME =IIeae i. This lease shall be subject to review and re-evaluation at the and of each 2 year period, by the airport nwnar and the rent may be adjusted according to their action, not: t•.o exceed the consumer Price Index rate during the last I month period, or; Land less improvements will be appraised every S years and the adjusted rental will be based on normally 1.0-12 portent of appraised value. It dinputod, lessor obtain appraisal at his expanse and lessor/lessee equally ehnre axpanee for review appraisal that establishes fair market value. 2. The tenant for himself, his personal representatives, successors in interest, and assigns, an a part of the consideration hereof, sloes hereby covenant and agree that (1) no person an the gruuruis or race, color, or national origin shall be excluded tram participation in, denied the benefits at, or be otherwise subjected to discrimination in the use of said =aeilities, (Z ) that in the construction of any improvements on, over or under such land and the furnishing or services thereon,, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (9) that the tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of the secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Tranapnrtaticn-Effactuation of Title V1 of the Civil Rights Act of 1954, end as said Regulations may be amended. That in the event of broach of any of the above nondiscrimination covenants, Airport Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been made or ianuod. The provision shall not be affective until tha proosdures of Title 49, Code of Federal Regulations, Part 21 are tvlluwud cued completed including exercise or expiration of appeal rights. 3. It shall bO a condition of this leases, that. the lessor reserves lotto itself, its successors and assigns, tar the use and benetit of the public, a right of flight for the passage or aircraft in the airspace above the surface of the real property nereinarter described, together with the right to cause in said airspace euen noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or slight in the said airspace, and for use of said airspace for landing on, taking off from or operatinq on the airport. That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. That the Lassea expressly agrees for itself, its successors and assigns, to prevent any use of the hereinafter described real, proporty which would interfere with or adversely affoat the operation or maintenance of the airport, or otherwise eonatituto an airport hazard. . 4. This lease and all provisions hereof are subject and subordinate Lu Utu Lerms and conditions of . the instruments and documents under which um Airport Owner acquired the subject property snots the uniLcd states of America and anall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of'said lends from the Airport, Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the M A RAThd d Airport. s. Notwithstandinq 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 rasarvas tha right to chant similar privileges to another Lesspe or other LAnneknot em nthar parts of the airport_ UCEIVED DEC z31g93 AIRPORTSIOMB BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Employee Services Bulk Item: Yes X No — Department: Employee Benefits Staff Contact Person/Phone#:Maria Fernandez -Gonzalez X4448 AGENDA ITEM WORDING: Approval of Workers' Compensation settlement in the amount of $85,000 (inclusive of attorney fees and costs) for file #05060600-GH. ITEM BACKGROUND: A private mediation was held on April 29, 2010 at which time both parties agreed to settle the case for $85,000 including attorney fees and costs contingent on the Monroe County BOCC approval. The PTD (permanent total disability) present value is approximately $366,000. When the claimant reached MMI (maximum medical improvement) there was never a PIR (permanent impairment rating) assigned by the treating physician. A PIR on a presumption claim can be anywhere between 30 to 50%. Using just a 30% PIR would have entitled the claimant to 175 weeks of impairment benefits valued at $85,443, which the County would have had to pay the claimant regardless of whether the case was settled or not. PREVIOUS REVELANT BOCC ACTION: N/A. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: $85,000 INDIRECT COST: COST TO COUNTY: $85,000 BUDGETED: Yes X No SOURCE OF FUNDS: Internal Service Fund (Primarily Ad Valorem) REVENUE PRODUCING: Yes n_ No X AMOUNT PER MONTH Year _ APPROVED BY: County Atty lV O /Purchasin Risk Management g g t DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # C UNTY o MON ROE KEY WEST FLORIDA 33040 (305)294-4641 *4 Office of the Employee Services Division Director 'rhe Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 g Key West, FL 33040 (305) 292-4458 — Phone (305) 292-4564 - Fax TO: Board of County Commissioners t FROM: Teresa E. Aguiar, Employee Services Directoo DATE: May 14, 2010 SUBJ: Workers Compensation Settlement File #05060600-GH BOARD OF COUNTY COMMISSIONERS Mayor Sylvia I Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 This item requests approval for the settlement of a worker's compensation claim on a former employee with the initial date of accident, June 6, 2005. The claimant suffered a heart attack and the claim was accepted as compensable. A private mediation was held on April 29, 2010 which included our Workers' Compensation attorney, the claims adjuster, Benefits Administrator and a representative from the County Attorney's office. Both parties agreed to settle the case for a total of $85,000 inclusive of attorney fees and costs contingent on the Monroe County BOCC approval. There were many things taken into consideration in this settlement agreement. The first was the PTD (permanent total disability) present value is approximately $366,000. In addition, when the claimant reached MMI (maximum medical improvement) there was never a PIR (permanent impairment rating) assigned by the treating physician. A PIR on a presumption claim can be anywhere between 30 to 50%. Using just a 30% PIR would have entitled the claimant to 175 weeks of impairment benefits valued at $85,443, which the County would have had to pay the claimant regardless of whether the case was settled or not. The claimant is also a current County Retiree and therefore his future medical under the Group Health Plan had to be taken into consideration as well. Given all of the issues it was felt that settling this case for $85,000 including attorney fees and costs was in the County's best interest and it is therefore recommended that the BOCC approve this settlement at the amount of $85,000. In essence we settled the claim for our certain indemnity exposure and in addition we eliminate any potential future excess insurance issues. If you have any questions, please do not hesitate to contact me. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Emergency Services Bulk Item: Yes No X Department: Fire Rescue Staff Contact Person: Camille Dubroff X6010 AGENDA ITEM WORDING: Approval to award bid and enter into an Agreement between the Board of County Commissioners of Monroe County and J. A. LaRocco Enterprises, Inc. for the installation of fire hydrants in unincorporated Monroe County using Ad Valorem taxes, Impact Fees, and other funding sources such as grants, private donations, etc. ITEM BACKGROUND: On May 6, 2010 sealed bids were opened for the installation of fire hydrants in unincorporated Monroe County. There were four bids. From the four bidders, J. A. Larocco Enterprises Inc. was the successful bidder with the lowest overall pricing. We are requesting that the Board accept this bid and enter into a contract commencing on June 16, 2010 and ending June 15, 2013. The contract provides for the option to renew once for three (3) additional years, with the approval of the District's governing Board. This contract provides for the installation of hydrants in District 1 for $9975.00 per hydrant, in District 2 for $7975.00 per hydrant, in District 3 for $7000.00 per hydrant and in Key Colony Beach for $7975.00 per hydrant. PREVIOUS RELEVANT BOCC ACTION: On February 17, 2010 the Board (BOCC) approved the advertisement of sealed bids for the installation of fire hydrants in unincorporated Monroe County. CONTRACT/AGREEMENT CHANGES: This contract provides for the installation of hydrants in District 1 for $9975.00 per hydrant, in District 2 for $7975.00 per hydrant, in District 3 for $7000.00 per hydrant atzd in Key Colony Beach for $7975.00 per hydrant. STAFF RECOMMENDATIONS: Staff recommends approval as written. TOTAL COST: $9975.00/hydrant District 1 INDIRECT COST: X BUDGETED: Yes X No, $7975.00/h drant District 2 $7000.00/hydrant District 3 $7975.00/hydrant Key Colony Beach DIFFERENTIAL OF LOCAL PREFERENCE: Yes COST TO COUNTY: See above SOURCE OF FUNDS: Ad Valorem Taxes, Impact Fees, other Funding sources such as grants, donations, etc. REVENUE PRODUCING: Yes o _XL AMOUNT PER MONTH Year v ✓ APPROVED BY: County Atty ZOMB/Purchasing Risk Management, DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 07/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: J.A. LaRocco Enterprises Inc. Contract # Effective Date: 06/16/2010 Expiration Date: 06/15/2013 Contract Purpose/Description: Installation of fire hydrants in unincorporated Monroe Count. Contract Manager: Camille Dubroff 6010 Emergency Services / Stop14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 06/16/2010 Agenda Deadline: 06/01/2010 CONTRACT COSTS Total Dollar Value of Contract: $ $9975.00/hydrant District 1 Current $7975.00/hydrant District 2 Year $7000.00/hydrant District 3 $7975.00/hydrant Key Portion: Colony Bch. $ Budgeted? Yes® No ❑ Account Codes: Impact Fee funds: 31501-560-630, 31502-560-630,31503- 560630, 31504-560-6503 and other funding sources such as Ad Valorem taxes, -ram private donations. et. 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-�2Y"/6 Risk Manage ent i Changes Needed { V1 r Yes❑ Na f f ' Yes❑ No %d Date Out O.M.B./Port acing County Attorney a Yes❑ NoD/ Yes[:] No a� Comments: OMB Form Revised 2/27/01 MCP #2 y rn @ a ( ro N r- -Q m rA .O � @ • fl -►; s m o (D r�r M m o ° f o n n UO� Q' CL Cs n n :3 Ln - + n Ln LaCU w C o Ul i O CiJ CL m v m c 3 '� O rn C s can X Z rn Z3 D Z) Q Di 0) �p O > m>CZ �a © ..Z Erg cc rCnv rn > QQ�ooQ�Q FUFuiiT���yr m It Pr PV Pt P Ozz tri 0 00 rn 0 w LLnn v7 _ �o�v �' > v v o CD a7\0<� � ,� . @En (Z n N Q O < 0 O O tx1 = Q C,t � t S- C Lo W I �94- m l0 'I rn Y�� r1 LL C ro -P.� -ter H C 0 3 ro 0 .Ul k'oQ 4:A- Lr7 U� Clul ko Ln d µ a n n co �` a � Q a s ro THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND J. A. LaROCCO ENTERPRISES INC. FOR INSTALLATION OF FIRE HYDRANTS IN MONROE COUNTY THIS CONTRACT, hereinafter "CONTRACT or AGREEMENT" is made and entered into this day of June, 2010 by and between the Board of County Commissioners of Monroe County, Florida, hereinafter referred to as "COUNTY", and J. A. LaRocco Enterprises Inc., hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the COUNTY advertised a notice of request for proposals for INSTALLATION OF FIRE HYDRANTS IN MONROE COUNTY; and WHEREAS, the successful Contractor was J.A. LaRocco Enterprises Inc., 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 INSTALLATION OF FIRE HYDRANTS IN MONROE COUNTY with the CONTRACTOR and; WHEREAS, this contract is an "Agreement" between both parties, NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. CONTRACT DOCUMENTS — This contract consists of the Agreement, the CONTRACTOR'S response to the RFP, and the documents referred to in the Agreement as a part of this Agreement. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONTRACTOR will control. 2. CONTRACT PERIOD AND RENEWAL - The effective date of this Agreement shall be June 16, 2010 through June 15, 2013. This Agreement may be renewed once for three (3) additional years, subject to approval of the Fire Chief of Monroe County Fire Rescue, the Office of Management and Budget and the Monroe County Board of County Commissioners. 3. CONTRACT TERMINATION - This Agreement may be terminated for any reason by either party on 30-day written notice without cause. If the CONTRACTOR fails to fulfill the terms of this Agreement, or attachments, properly or on time, or otherwise violates the provisions of the agreement or of applicable laws or regulations governing the use of funds, the County may terminate the contract by written notice. The notice shall specify cause. All finished or unfinished supplies or services shall, at the option of the County, become property of the County. The County shall pay the CONTRACTOR fair and equitable compensation for expenses incurred prior to termination of the agreement, less any amount or damages caused by the CONTRACTOR'S breach. If the damages are more than compensation payable, the CONTRACTOR will remain liable after termination and the County shall pursue collection for damages. 4. SUBJECT MATTER OF CONTRACT — This contract is for the installation of Fire Hydrants in unincorporated Monroe County in the following areas: a. District I Lower Keys — The area of Monroe County South of the Seven Mile Bridge (MM40), excluding the City of Key West. b. District 2 Middle Keys — The area of Monroe County and including Fiesta Key south to the Seven Mile Bridge. (MM40). c. District 3 Upper Keys — The area of Monroe County north of Fiesta Key, excluding Layton. d. Key Colony Beach — The area of Key Colony Beach. 5. QUALIFICATION OF THE CONTRACTOR: The Contractor shall be responsible for obtaining all necessary permits and approvals for the installation of the hydrants, including permits from the FKAA, Monroe County Growth Management (Building Department), and FDOT. b. "The Contractor performing installation, maintenance, repairs, adjustments and related work shall be properly certified by the State of Florida for the work to be performed. c. Personnel performing work who are not certified or experienced in such work shall be directly supervised (in person) by an individual with such certification. d. Within 90 days after award of the Contract, the Contractor shall supply Monroe County with a monthly schedule of the time frame when each fire hydrant will be installed. b. SERVICES TO BE PERFORMED BY CONTRACTOR: a. The CONTRACTOR shall begin the permitting phase for each requested hydrant within 30 days of notification by the Monroe County Fire Marshal of the location(s) of the hydrant(s). The hydrant(s) shall be installed within 45 days after the issuance of the last required permit (such date shall be transmitted in writing to the Fire Marshal's Office). b. The CONTRACTOR shall ensure that all installations, maintenance and repairs are performed in a timely manner in accordance with operational needs. 2 c. The CONTRACTOR shall describe the approach and methodology he/she will take to accomplish the services defined herein. This shall include information on time for installation, schedule and availability, staffing, whether sub -contractors are used, whether the Contractor owns the equipment used, and any other relevant information explaining how the delivery of the product and the provisions of services is accomplished. d. The CONTRACTOR shall conform to the standards set forth by the Florida Keys Aqueduct Authority's (FKAA) Minimum Construction Standards and Specifications when connecting to an FKAA water source. Standards are available at flcaa.com. e. The CONTRACTOR shall be responsible for performing the installation of fire hydrants. f The CONTRACTOR shall, within 30 days after completion of each fire hydrant installation, forward a computerized report to Monroe County Fire Rescue indicating the status of the hydrant and GPS coordinates. This will be done for each hydrant when completed. This report must be emailed to the Assistant Fire Marshal. The form must either be in Microsoft Word or Excel. g. The CONTRACTOR shall be licensed in fire hydrant installation by the State of Florida. h. The CONTRACTOR agrees to indemnify and hold harmless Monroe County for all actions of contractor's negligence as well as faulty or improper workmanship for all work performed under the contract including all costs of collection, reasonable attorney fees, claim costs and others. It is agreed that all property and equipment "being directly worked on by the contractor is considered to be in its care, custody and control while such work is being performed. i. The CONTRACTOR shall supply all materials and labor for the installation of specified fire hydrants including but not limited to: the hydrant itself (acceptable hydrants are specified in the FKAA construction standards document), labor, pipes, joints, valves, taps, thrust blocks, restraining clamps, backfill material, excavation, asphalt, temporary paving, repair of pavement removed as a result of installation, tools, cutting, barricades, traffic and warning devices and any and all required permits. 7. RATES -The following rates shall be per hydrant installation with no travel time or mileage charged. District 1 — Lower Keys District 2 — Middle Keys District 3 - Upper Keys Key Colony Beach $9975,00 / per hydrant. $7975.00 / per hydrant. $7000.00 / per hydrant. $7975.00 / per hydrant. 8. INSURANCE - During the term of this contract, the CONTRACTOR must keep in force and effect the insurance required by Attachments F. Attachment F is attached and incorporated into this contract. 9. ADDITIONAL REQUIRED STATEMENTSNERIFICATIONSIAFFIDAVITS. Attached hereto in Attachments A, B, C, D and E are Non -Collusion Affidavit, Public Entity Crime Statement, Drug -Free Workplace Form, Conflict of Interest Clause, and Indemnification to Hold Harmless. 10. PAYMENTS — The COUNTY shall pay CONTRACTOR within 30 days of the completion of the rendered services on each hydrant and after proper invoicing by the CONTRACTOR. All payments will be made in accordance with the Florida Local Government Prompt Payment Act. I L 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. 12. 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. 13. 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) Attest: Danny L. Kolhage, Clerk Clerk WITNESS: BOARD OF COUNTY COMMISSIONERS of MONROE COUNTY, FL Mayor/Chairman Name and Address of Contractor J. A. LaRocco Enterprise. Inc. MON E COUNTY ATTORNEY q OEaAT -�' M: eRV Ti IfA L ALLA orized Representative Signature ASSISTC U TY ATTORNEYC- Date,- �~a5 � 0 Witness signature 4 !' ! Attachment A Non -Collusion Affidavit Attachment B Public Entity Crime Statement Attachment C Drug Free Workplace Form Attachment D Lobbying & Conflict of Interest Clause- (Ethics Clause) Attachment E Indemnification and Hold Harmless Attachment F Insurance Documents Attachment G Local Preference Form. (if applicable) Arfachrnena /r NQN- Q tLUS101`�d AT?FI ,A 7T7 1, John LaRocco of the city of Ivey Largo according to law on my oath, and under penalty of perjury, depose and say that; 1) I am J.A. LaRocco EnterRri se , ,Inc the respondent making the Proposal for the project described as follows: Installation, of Fire Hydrants in Monroe Coun 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 s4q eats contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the tr^0 f�Tstates �pntained in this affidavit in awarding contracts for said project. `f STATE OF Florida COUNTY OF Monroe (Signature "of Respondent) 04/1 6/1 0 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, John LaRocco who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 1 6 th day of April 20 10 My commission expires: . ii = BRIAN KBITH CONOV R NOTARY PUBLIC =°: ;°: PAY COMMISSION # DD90 644 EXPIRE$ "Iy 14.3013 OMB - MCP FORM # ] 01 HUMP LEC EWITY CRE STA III C e 1 "A person or affiliate viho has been placed on the convicted vendor list folk v6ng a conviction for public entity crime may not submit a proposal on a contract to provide any goods or seriv-im 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 pelfb-Im warp as a bidder, supplier, subbidder, 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 Seotion 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 Ilrny company is in compliance with the above. STATE OF Florida COUNTY OF Monroe (Signature of Respondent) 04 1 1 Date PERSONALLY APPEARED BEFORE. ME, the undersigned authority, John LaRocco who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 1 6th day of Aril _ , My commission. expires: NOTARY PUBLIC �RIAN KEITH OONOVER MY COMMISSION # DD907544 � „ •�.' EXPIRES July 14, 2013 (447y3980953 Floddallolarysenrlca.com The undersigned Respondent in accordance with Florida Statute 297.087 hereby certifies that: J.A. LaRocco Enterprise, Inc (Dame of Business) I. 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 maintainigg 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 through implementation of this section. As the son. uthoriz &-I gn the statement, I certify that this firm complies fully with the abo a remer� , Respondent s Signature 04/1 6110 Date OMB - MCP FORM #5 9 Attach en f D WORN STA1 N ME TAT UNDER ORDWAN E NG. 1 0-1990 MONRUE COUNTY, F-LOPUDA. ETMCS CLAUSE John La.Rocco wmants that he/it has not employed, retained or otherwise had act on his/its behalf any former Coun47 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 discration, deduct from the contract or purchase price, or otherwise rec v r, th ull am u any fee, commission, percentage, gift, or consideration paid to thfor er�ounty or employee. (Signature) Date: 0 4/ 1 6/ 1 0 STATE OF Florid COUNTY OF Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, John LaRocco his/her who, after first being sworn by me, affixed signature (name of individual signing) in the space provided above on this 1 6 th day Of April , 20 10. NOTARY PUBLIC My commission expires: OMB - MCP FORM 94 b �RtAN KSI CONOVER P>diy COMMISSION # DD907544 EXPIRES JU1Y 14, 2013 (401)3 F1or1daN0terYServic8.c0m (407}348-�153 9 Attacbf gent E M0 L 0E C 0 1 R q T fir, rA1L0 R ; b, �SK MA -AA GLR/f E N TIL POLICY AND PROC , DURE CONTRACT ADMINISTRATION NJUNUAL Indemnification and Hold Harmless for Other Bidders and Subbidders The Bidder covenants and agrees to indemnify and bold 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 (includng 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 wort{ 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 inderhnification 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. Respondent's Signature 04/16/10 _ _ Date TCS 10 Attachment F (1 of S) INSURANCE REQUIREMENTS FOR CONTRACT INSTALLATION OF HYDRANTS IN MONROE COUNTY, FL BETWEEN MONROE COUNTY, FLORIDA AND J.A. LaROCCO ENTERPRISE, Inc. 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 liability policies issued to satisfy the above requirements. GL2 11 Attachnient F (2 of S) GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT INSTALLATION OF FIRE HYDRANTS IN MONROE COUNTY, FL BETWEEN MONROE COUNTY, FLORIDA AND J.A. LaROCCO ENTERPRISE, Inc. Recognizing that the work governed by this contract involves either underground exposures, explosive activities, or the possibility of collapse of structure, the Contractor's General Liability Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures with limits of liability equal to those of the General Liability Insurance policy. GLXCU 12 Attachment F (3 of S) VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT INSTALLATION OF HYDRANTS IN MONROE COUNTY, FL BETWEEN MONROE COUNTY, FLORIDA AND J.A. LaROCCO ENTERPRISE, Inc. 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: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL2 13 Attachment F (4 of 5) WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT INSTALLATION OF HYDRANTS IN MONROE COUNTY, FL BETWEEN MONROE COUNTY, FLORIDA AND J.A. LaROCCO ENTERPRISE, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate 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. WC2 14 Attachment F (5 of 5) MONROIE 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: _ Meeting Date: Not Approved: 15 Attachment 6 LOCAL PRE--I1I CE >d GRRI A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Respander J m h o LaRocco Ent. Inc. Date: 0 4/ 1 6/ 1 0 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? y'eS (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: 743 Largo Rd Key Largo, FL 33037 Telephone Number: ( 3 0 5 ) - 4 5 3— 0 3 6 8 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses mecting.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: I it and Tide of Authorized Signatory for STATEOF Florida COUNTY OF Monroe Tel. Number Print Name: John LaRocco Predident OA this 1 6 th day of .Apr j 201 0 before me, the undersigned notary public, personally appeared John LaRocco , known to me to be the person whose name is subscribed above or who produced persona ly knowrhs identification, and acknowledged that he/she is the person -who executed the above Local Preference Form for the purposes therein contained. Notary Public Brian Ka Conover Print Name My commission expires: Seal My CO�AMISSIC)N 0 DD907544 EXpIRSS July 14, 2013 ,��' r�er++++ FloridaNafarlServic®.con (407)398-0155 U=0 5a;kv6'LIF, 645—.-2v ZOKIst v J. A. LaRacco Entarpriee, Inc, M Largo Road Key Largo, FL 33037 COVERAGES INSLMER e: INSURER EE: 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR HE TYPEOFInsIRANCE POLICY NUMBER ENTERED@GTTVE PtiLICYE71pI N LIMITS A GENERALLLABILITY GL00053 02J1312010 02/1312011 EACH OCCURRENCE al. 000010 b4 RENTFD S1 00.0OI>r COMMERCIAL GENERAL LIABILITY CLAIMS MADE E100CUR MED EW (Any anePerson 00 00D PERSONAL & ADVINJURY $1000000 GENERAL AGGREGATE s2.000.000 GENT_ AGGREGATE LIMITAPPLIESPER' FRCIQUOTS.CCIMPIOPAGG %2,02 0 ROLIDY r PRk LDO AUTOMOBILE LIABILITY ANY AUTO CONISINEO SINGLE LIMIT (Ea n0derd) BODILY INJURY (Pa rpemon) S ALL OWMEDAUTOS SCHEQULEDAIlTOS SOOILY INJURY (Pwacddent) § HIRED AUTOS NOMAWNED AUT05 PROPERTY DAMAGE (Pareccidantl S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT i OTHER THAN EAACC 5 ANY AUTO S AUTOONLY: AGC A EXCESSIUMIHRI.IALIABILITY T OCCUR ❑ CLAIMS MADE UME00060993 02113/2010 OX1312011 EACHOCCURRENCF $1 000 AGGREGATE S10000a0 S : DEDUCTIBLE 9 RETENTION S A VIOAKERS COMPENSATION AND EMPLGYI!W LIAMLITY ANY PCdROPRIETORIPARTNEWEXECUTIVE Wrtaoryng�FJGLUTE0 001=10A63744 0212512010 0212612011 x 149ANI&I oTH- EL EACHACC(DeNT $1000 000 E.L. DISEASE . EA EMPLOYEE S1,0001000 E.L. DISEASE -POLICY LIMIT S1s000 000 I!y�s, desulbe order PE A AROVI I N tow OTHER DESCRIPTION OF OPERATIONS t LOCATTONSI VEIHCI.ES r €XCLUMONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ** General Liability Information Job#: 1 ** Workers Camp Information'" ProprietorsliaartneralExecuilve officerstMembere Exaludad: (See Attached Descriptions) Monroe County Furchasng office 1100 Simonton Street, Room 1-213 Frey West, FL 33040 Ar,n12n-3= mnna1fk4% a _g - yoene®owM11"OnAn LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 311_ DAYS WRITTEN *TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $D SRALI. 3E NO OBLEGATTOAI OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPREEEITrATME e ioso. f oAcMoco 2PORATION. All dahts reserved. the ACORD name and logo are registered marks ofACORD SAG f 2009/2010 MONROE COUNTY BUMNESS TAX RECEIPT Business Name: LAROCCO I A ENTERPRISE ,G� Owner Name: I A LAROCCO Mailing Address: 743 LARGO RDA KEY LARGO, DOOMS COMP CARD RECEIPT#30140-60562 743 LARGO RD KEY LARGO, FL 33037 3057453-0368 CONTRACTORS(CONT ENGINEERING ENG 1245) .''ka" ci "IAW t stalls Tax Amount Transfer, Sboll.Perf ityrla�'r �4i.ftC Cast ota[ Paid $25.00 F ;00= >� W_ s.; 0.�%�i� a _ . ._.. .....�. �, '- $25.OQ PAID-105-08-00007049 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX -RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. YOU MUST WHEN V91LIDATED -r PO Box 1129, Key West, FL 330441 MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. .pt..wr,r.� .;...._ _.. _w :�, •r•�'. _ .,._... _ _ :.r. �r r,� r;s...r. _...•„�_.._._rs-��..- - - --- _ _..��.. - - - - - • - - - �_- MONROE COUNTY MONROE COUNTY RECEIPT NO. 128230 CC: ENGI THIS IS TO CERTIFY THAT ISSUE DATE: 11/04/2009 FEE DUE 200.00 LAROCCO, JOHN A COUNTY LTC# ENG I 245 FEE PAID 200.00 QUALIFIES AS A ENGINEERING CONT I THIS CERTIFIES THAT THIS CERTIFICATE EXPIRES ON LAROCCO, JOHN A 10/31/11 QUALIFIES AS A ENGINEERING CONT I UNLESS REVOKED IN GOOD STANDING AND THIS CERTIFICATE ACCORDING TO OF COMPETENCY IS VALID AND IN FORCE (hr f '�� ' UNTIL 10/31/11 BUILDING OFFICIAL LAROCCO, JOHN A J A LAROCCO ENTERPRISE INC 424 SUNSHINE BLVD TAVERNIER FL, 33070 CERTIFICATE OF COMPETENCY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:__ June 16, 2010 Division:Emergency Services Bulk Item: Yes X No Department:Emergency Management Staff Contact Person/Phone # Jose Tezanos / 305-289-6325 AGENDA ITEM WORDING: Approval of an Emergency Management Performance Grant FYI Federally Funded Subgrant Agreement 11-FG-15-11-54-01- in the amount of $60,669.00, 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: These funds are appropriated annually from the Florida Emergency Management, Preparedness, and Assistance Trust Fund and allocated to local emergency management agencies and programs. This agreement increases our County's total amount of funding under the Base Grant Agreement to $163,393.00. PREVIOUS RELEVANT BOARD ACTION: BOCC approved the State portion of the Base Grant Agreement # 10-BG 25-11-54-01-122 on the October 21, 2009 meeting. This grant has been approved each year since 1994. CONTRACT/AGREEMENT CHANGES: Increases the total amount of funding under this Agreement by $60,669.00, and changes the grant performance period to end on June 30, 2011. Starting on July 1, 2011 the state and federal portion of the Base Grant will have concurrent performance periods. STAFF RECOMMENDATIONS: Approval as written. TOTAL COST: None INDIRECT COST: _ BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $ 0.00 SOURCE OF FUNDS: Base Grant REVENUE PRODUCING: Yes X o _ _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB rchasing X Risk Management —X - DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida DEM Contract #11-FG 15-11-54-01- Effective Date: July 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Approval of an Emergency Management Performance Grant FY11 Federally Funded Sub ant A eement 11-FG-15-11-54-01- in the amount of $60 669.00 fully ant funded and no c2l!pq match, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #} for BOCC -meeting on June 16, 2010 Agenda Deadline: June 1, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 60,669.00 Current Year Portion: $ 60,669.00 Budgeted? Yes❑ No ® Account Codes: - - - Grant: $ 60,669.00 - - County Match: $ 0 ADDITIONAL COSTS Estimated, Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, & CONTRACT REVIEW Division Director Changes Date In Needed „f r G Yes❑ No[� ev er Date Out Risk Management �J�°��` ��7 Yes[:] No[ O.M.B./Purchasing County Attorney S ld I10 Yes❑ No[:] ���� Yes❑ No j 1� Comments: OMB Form Revised 2/27/01 MCP 07 Contract Number: 11-FG-15-11-54-01- CFDA Number: 97.042 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 the Monroe County, (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 Scope of Work and Budget, Attachment A and B. 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, including those identified in Attachment C. (3) PERIOD OF AGREEMENT. This Agreement shall begin on July 1, 2010 and shall end June 30, 2011, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's 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-87, "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 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. I 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 Scope of Work and Budget - Attachment A and B - 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 Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 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 - Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the Recipient to: The 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.as] and 2 Division of Emergency Management Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at http://harvester.census._qov/fac/collect/ddeindex html And to any other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the 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 Policy and Financial Management 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 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 OMB Circular A- 133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the 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. (j} 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 compiled 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. (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 September 30, December 31, March 31 and June 30. (c) The close-out report is due 45 days after termination of this Agreement or 45 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 De[iverab[es 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. (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. M (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 any one 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; (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. 5 (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. (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: Jenene Helms Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-413-9920 Fax: 850-488-7842 Email: jenene.helms@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Irene Toner Monroe County 490 63rd Street, Ocean Suite 150 Marathon, Florida 33050 Telephone: 305-289-6065 Fax: 305-289-6333 Email: toner-irene@monroecounty-fl.gov (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 (iii) the subcontractor 6 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. (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 -- Scope of Work Attachment B — Budget Attachment C — Program Statutes, Regulations and Special Conditions Attachment D — Reports Attachment E — Justification of Advance Attachment F —Warranties and Representations Attachment G — Certification Regarding Debarment Attachment H - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory_per ormance of work hereunder in an amount not to exceed $60,669 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 E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 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 Scope of Work and Budget, Attachment A and B 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 forty-five days of receiving notice from the Division. Any requests received after July 31, 2011, may, in the discretion of the Division, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission or by e-mail. 7 Changes to the amount of funding to be provided may be accomplished by notice from the Division to the Recipient, in the form of certified mail, return receipt requested. The Division may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above. Should the Recipient determine it does not wish to accept the award of additional funds, the Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Division its written notice of acceptance within forty-five days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Division's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Division when the offer of additional funds is made. All funds received hereunder shall be placed in an interest -bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. All payments relating to the Agreement shall be mailed to the following address: _Monroe County Emergency Management 490 63rd Street, Suite 150 _Marathon, Florida 33050 (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. 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 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, any one 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 following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $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(g)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 G) for each intended subcontractor which Recipient plans to fund under this Agreement. 9 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. Q) 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. (f) 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. (o) 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 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. 10 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 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 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. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 11 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: MONROE COUNTY By: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT MONROE COUNTY ATTORNEY AP LDAS T�}�FVM: RHIA L. HALL ASSISTANT COUNTY ATTORNEY Date - (� By: Name and Title: David Halstead, Director, Florida Division of Emergency Management Date: 12 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: U.S. DHS/FEMA (Department of Homeland Security/Federal Emergency Management Agency) Catalog of Federal Domestic Assistance title and number: EMPG197.042 (Emergency Management Performance Grant) Award amount: $60,669 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Chapter 252, Florida Statutes Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 44 CFR, Part 302 48 CFR, Part 31 OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 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 2010 Emergency Management Performance Grants Program. 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 .400(d) of OMB Circular A-133, as revised, and Section 215.9 7(5) (a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. 13 Attachment A Scope of Work Base Grant funding from the Emergency Management Performance Grant is intended for use by the Recipient to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, Fiscal Year 2010 Emergency Management Performance Grants Program and programs that are consistent with Title 44, Code of Regulations (CFR) Part 13, State Rule Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. 14 Attachment B Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Performance Grant (EMPG) awarded by the Division. Category Anticipated Expenditure Amount Organizational Costs $ _60,669.00 Planning Costs Training Costs Exercise Costs Equipment Costs Management & Administration Costs $ (limited to 3% of the total) Total EMPG Funds $ _60,669.0Q (see section 17 — Funding/Consideration) 15 Attachment C Program Statutes, Regulations and Special Conditions 1) Section 1352, Title 31, US Code 2) Chapter 473, Florida Statutes 3) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 4) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 5) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 6) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 7) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 8) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 9) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 10) 28 CFR applicable to grants and cooperative agreements 11) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 12) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 13) Title VI of the Civil Rights Act of 1964, as amended; 14) Section 504 of the Rehabilitation Act of 1973, as amended; 15) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 16) Title IX of the Education Amendments of 1972; 17) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 18) 28 CFR Part 42, Subparts C,D,E, and G 19) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 20) Chapter 252, Florida Statutes 21) Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code 22) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 23) 44 CFR, Part 302 24) 48 CFR, Part 31 25) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 .Special Conditions 1. The grantee and 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 B. Cost Principles ➢ 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) ➢ Federal Acquisition Regulations (FAR), Part 31,2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations 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 2010 Emergency Management Performance Grants 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. 17 Attachment D Reports A. The Recipient shall provide the Division with quarterly financial reports and a final close-out report, all in a format to be provided by the Division. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a hard copy will be mailed with a fully executed copy of the Agreement. B. The Recipient shall provide the Division with full support documentation (per information bulletin # 341) for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the Recipient. • Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statementslpayroll registries). Copies of invoices and canceled checks related to these services. • Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, checks and canceled checks and copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for DEM then only need to provide date of submission and who submitted plan/product to), etc.). • Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any training materials provided. • Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any exercise materials provided. • Equipment Acquisition Costs: Copies of Invoices/receipts, checks and canceled checks. AEL# for each purchase. • Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). • For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. • Copies of the general ledger each quarter should also be provided. C. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Division no later than thirty days after the end of each quarter of the program year, and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. D. The final close-out report is due forty-five days after termination of this Agreement. E. if all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are 18 completed or may take such other action asset forth in Paragraphs (10), (11) and (12). "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. M Attachment E 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 No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. [ ] ADVANCE REQUESTED Advance payment of S 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, it you are requestng an auvance, compieie me ronowmg worxsneet (A) (B) (C)•I (D) DESCRIPTION FFY 24_ FFY 20_ FFY 20_ Total )< INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 DEM Award MAXIMUM ADVANCE (Do not include any match) REQUEST FOR WAIVER OF CALCULATED MAXIMUM ( ] Recipient has no previous DEMIDCA 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. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 6111 ESTIMATED EXPENSES BUDGET CATEGORY 200 -200 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 21 Attachment F Warranties and Representations Financial Management 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 OMB 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. 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 22 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 Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 23 Attachment G 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 Name and Title Street Address City, State, Zip Date Recipient's Name DCA Contract Number ME Attachment H 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 hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 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 25 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. 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, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; -Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq,) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 26 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Engineering Services Staff Contact Person/Phone #: Clark Briggs 295-4306 AGENDA ITEM WORDING: Approval to execute a Contract with Paradise Divers, Inc. for the Temporary Ferry Service between Marathon and Pigeon Key. ITEM BACKGROUND: The Engineering Department advertised a Request for Proposal (RFP) in which Paradise Divers, Inc. was ranked first of two respondents by a selection committee on May 17, 2010. The current ferry service contract with Paradise Divers, Inc. will expire on June 30, 2010. This service is funded by the Florida Department of Transportation (FDOT) in an existing Joint Participation Agreement (JPA) with Monroe County. PREVIOUS RELEVANT BOCC ACTION: At the February 2010 meeting (item C-30), the BOCC gave approval to advertise a Request for Proposals for the Pigeon Key Ferry Service to provide service from July 2010 through June 2013, The Florida Department of Transportation (FDOT) has provided additional funding of $750,000 for service for three years. At the March 2010 meeting (item C-22), the BOCC adopted Resolution 094-2010 approving Amendment 1 to the JPA with FDOT to increase the total contract amount by $250,000.00 to fund operation of the Pigeon Key Ferry through June 2011. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of the Contract as mentioned above. TOTAL COST: $ 249,976.00 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: -0- SOURCE OF FUNDS: FDOT Grant REVENUE PRODUCING: Yes IVQ X AMO NT PER MONTH Year APPROVED BY: County Atty OMB/Purc asing X Risk Management X DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # 0 c X 0 D c C D X 00 `a ono =rn T O z O N r- �z D -o n X O z -< 0) n A co O M X m n t 0m � m m m m z d o � PARADISE DIVERS, �.. - INC. --Zl SUNSHINE STATE MARITIME SERVICES, LLC. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Paradise Divers, Inc. Contract # Effective Date: 7/1/ 2010 Expiration Date: 6/30/2011 Contract Purpose/Description: Temporary Ferry Service from Marathon to Pigeon Key funded by the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) with Monroe County. Contract Manager: Judy Clarke 4329 Engineering/#1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 6/16/10 Agenda Deadline: 6/1/10 CONTRACT COSTS Total Dollar Value of Contract: $ 249,976 Current Year Portion: $ 124,988 Budgeted? Yes® No ❑ Account Codes: - - - - Grant: $ 250,000 County Match: $ 0 - - - -_ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW ities, janitorial, salaries, etc. Changes Date Out Date In Needed Reviewer Division Director �"Iu Yes❑ No❑ y � �f Risk Manag ent __ Yes[]N(O" IN O.M.B./Purchasing a�\ Yes❑ No❑ County Attorney l# Yes❑ No0 %_ Comments: OMB Form Revised 2/27/01 MCP #2 Temporary Ferry Service Between the City of Marathon and Pigeon Key CONTRACT THIS AGREEMENT, made and entered into this 16th day of June, 2010, A.D., by and between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and "County"), and Paradise Divers, Inc. (hereinafter called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 THE CONTRACT The contract between the County 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 ferry services between the City of Marathon and Pigeon Key as specified in Exhibit A of this agreement. 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 last day of the following month in each of twelve months. The Contractor shall provide the County with documentation to support the income earned by the Contractor from the services provided, to which shall be applied the rates set forth in Exhibit A of this agreement. 4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. All contract documents 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 County than against the Contractor. B. Any ambiguity or uncertainty in the contract documents shall be interpreted and construed by the County, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the County of any of 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 contract documents covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the County, 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 County for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the contract documents. 5.0 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of twelve months, commencing July 1, 2010 and terminating June 30, 2011. B. The County shall have the option to renew this agreement after the first term of twelve months, and each succeeding term, for four additional twelve-month periods. The Contract amount agreed to herein may be adjusted only by written addendum hereto executed by both parties. 6.0 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, the State of Florida, and the Florida Department of Transportation from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The 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. 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 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. 11.0 INSURANCE Prior to execution of this agreement, the contractor shall furnish the County Certificates of Insurance indicating the following minimum coverages: Worker's Compensation Employers' Liability Insurance limits employee Jones Act Coverage Vehicle Liability (Owned, non -owned and hired vehicles) limit General Liability, including limit Premises/Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Employee Dishonesty Coverage (Required only if the respondent collects a fee on behalf of the County and is obligated to pass these funds on to the County) Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy $1,000,000 Disease, each $1,000,000 per occurrence $1,000,000 per occurrence $1,000,000 combined single $1,000,000 combined single $10,000 per Occurrence Garage Keepers Legal Liability Limit (required only if respondent provides valet parking service as part of activities.) Water Craft Liability Pollution Liability Insurance $1,000,000 Combined Single $1,000,000 times maximum passenger rating (50 passengers - $50,000,000 limit) $1,000,000 per occurrence $2,000,000 aggregate The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except workers compensation, issued to satisfy the above requirements. All forms of insurance required above shall be from insurers acceptable to the County. 12.0 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 Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the County is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 13.0 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 the County: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 For the Contractor: and Monroe County Attorney P. O. Box 1026 Key West, FL 33041-1026 14.0 CANCELLATION The County may cancel this contract for cause with thirty (30) 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. The County may cancel this agreement without cause by giving the other party ninety (90) days written notice of its intention to do so. 15.0 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 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. 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) 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. 16.0 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. 17.0 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. 18.0 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. 19.0 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. 20.0 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 County; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 21.0 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. 22.0 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. 23.0 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. 24.0 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. 25.0 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. 26.0 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. 27.0 ATTESTATIONS. Contractor agrees to execute such documents as the County may reasonably require, including an Ethics Statement, and a Drug -Free Workplace Statement. 28.0 PUBLIC ENTITIES CRIMES. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. The Contractor will promptly notify the County if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 29.0 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. 30.0 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. 31.0 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) COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK WE Deputy Clerk (SEAL) Attest: By: _ WITNESS Title: By: dLj / WIT SS Title: olf BOARD OF COUNTY OF MONROE COUNTY, FLOIDA Mayor/Chairman CONT TOR' By: Z G% , ` Titl : il!'�Z,Cif n 11 EXHIBIT A DESCRIPTION OF SERVICES TO BE PROVIDED: Operating Plan: RFP: Page 13, A. 1. Passenger Transport: Passenger transportation will be provided between the "Train" dock at Knight's Key and the Pigeon Key dock at the Island. We have a contract in place with Earthmark Corporation for dockage at this facility. Since we currently perform these exact services, the routes between the two docks are very well known. Depending on wind and seas, there are three routes available; one on the North side of the 7 Mile Bridge, one on the South side of the new 7 Mile Bridge, and one that starts on the south side and cuts through the middle of the 7 Mile Bridge. The route that is always preferable is the one on the lee side of the wind and seas. Therefore each day and each trip requires our captains to analyze the wind, currents, and seas and take the safest, most efficient route. Our utmost concern is to always accommodate our passengers for their comfort and safety first and choose the best route for the conditions. Both of the existing vessels of Paradise Divers, Inc are U.S. Coast Guard certified to cant' 22 passengers, plus two crew. The two mile trip between the two docks is a 10 to 15 minute travel time. Each boat is certified to carry 22 passengers. Each boat individually exceeds the functional capacity of 22 passengers per 90 minute interval in each direction. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 Operating Plan: RFP: Page 13, A. - Passenger Transport: cont'd Passengers are required to sign a liability release form prior to departure of the vessel from the dock. This form then also acts as a manifest, as per U. S. Coast Guard regulations showing the names of the passengers, the number of passengers, the name of the vessel, the name of the Master, the name of the crew member, and the time of day of the trip. During this phase of the trip, the Master will brief all of the passengers of the safety equipment location and usage, as required by the U.S. Coast Guard. There is also a Ship's Log that is maintained with the initial Pre -Trip Procedures check list, the number of passengers, the weather conditions, the route of the vessel, the number of trips per day, and the Post Trip Procedure information. Service Schedule: RFP: Page 7 The base service would be as follows: 1ST trip leaves Knights Key at 10:00 A.M and returns from Pigeon Key at 10:30 A.M. 2"d trip leaves Knights Key at 11:30 A.M. and returns from Pigeon Key at 12:00 P.M. 3`d trip leaves Knights Key at 1:00 P.M. and returns from Pigeon Key at 1:30 P.M. 4d' trip leaves Knights Key at 2:30 P.M. and returns from Pigeon Key at 4:00 P.M. If needed a trip conducted 90 minutes prior to 10:00 A.M. and a trip conducted no later that 90 minutes after 4:00 P.M. would be included to move staff, goods, equipment, fuel, trash, etc. In addition, we propose to include an additional trip, as needed, from Pigeon Key to Knights Key that leaves Pigeon Key at 3:00 P.M. to accommodate those guests who wish to return earlier than 4:00 P.M. To clarify, we have run the 3:00 P.M. trip during the past contract period each day if there were guests to return to Knights Key. Operating Plan: RFP: Pg 6, 3. A. Vessels and Proposed Landing Facility: Paradise Diver IV and Paradise SeaDiver are both 30 foot Island Hopper U.S. Coast Guard certified vessels. Both have roofs and enclosures. Both have seat benches along both sides and across the front, are certified to carry 22 passengers, and have a 32 inch draft. Both vessels have already transported passengers to and from the "Train" dock to the Pigeon Key Island dock and return and therefore have the ability and capacity to use these landing facilities. Paradise Divers has a contract in place with Earthmark Corporation for dockage at Knight's Key marina directly behind the Pigeon Key "Train" which is their gift shop and Marathon side facility. The guests, educational groups, service contractors, delivery personnel would only have to walls 50 feet behind the train to embark onto the ferry boat. In addition, we have the ability to open the delivery gate located immediately adjacent to the "Train" for the delivery vehicles, tour buses, etc. to unload their goods and/or passengers directly onto our dock facility and vessel. Attached are the current Certificate of Inspection documents for both vessels, which document that both vessels meet all United States Coast Guard requirements. Attached are also our Monroe County Business Tax licenses. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 Operating Plan: RFP: Pg 7, 3. A. Staffing Commitment: We currently employ 7 United States Coast Guard Licensed captains and three unlicensed deckhands. All of our staff is hired with the understanding that ferry services may begin as early as 6:00 A.M. and be as late as 10:00 P.M. The trips outside of the base ferry service times are to accommodate the educational group schedules. Each staff member is able to perform all functions needed to safely, efficiently, timely, and happily transport persons and goods from Knights Key to Pigeon Key. They are all currently performing these functions. All of our captains have a variety of past experience in operating vessels. Some of the past duties include; operating a ferry boat out of Long Island NY, operating tug boats, operating transport barges, installing moorings, removing moorings, operating a ferry boat out of Jacksonville FL, operating dive and snorkel vessels to local reefs, charter fishing captains, Florida Fish and Wildlife consultant, Boy Scouts of America sailing vessel charter captain, American Sailing Association Instructor, live aboard vessel captain, charter boats operated out of Fort Lauderdale FL. All captains and deckhands have several years of local water experience and navigation. Attached are copies of United States Coast Guard licenses. Operating Plan: RFP: Pg 7, 3. A. Service Disruption Contingency Plan: As previously discussed, Paradise Divers currently owns both vessels. Both vessels have the functional capacity of 22 passengers, plus two crew. Both vessels have the ability to perform all of the daily base service duties at any time. If one vessel has a problem, whether it be and equipment failure or a breakdown, the other vessel is in position to immediately perform the service required. Not only is Lary Wright an experienced engine technician, but also one of our captains is a certified diesel mechanic. We are definitely able to maintain our vessels and respond to any emergency, equipment failure or breakdown. Operating Plan: RFP: Pg 7, 3. A. Passenger Service Plan: During the past 2-1/2 years we have not had a single customer complaint. All of our crew are able to happily talk to all customers, smile, be very friendly, fun loving, and make the entire experience enjoyable. As previously discussed our communication system with the Pigeon Key staff is very efficient. All of our staff has the cell phone numbers of the pertinent Pigeon Key staff and vice versa. We communicate regularly. If there are any schedule changes everyone is aware of when and why. Paradise Divers also encourages and actively pursues other local businesses to place their business cards, menus, rack cards, etc. with us for distribution to the guests we carry every day. We have found that guests love to hear about other local attractions, restaurants, hotels, beaches, functions, etc. We have had great feedback that enhances Pigeon Key's image in providing this additional local information. This system benefits our entire local economy. SERVICE REQUIREMENTS: RFP: Pg.13, A.1. a. Educational Groups: The transportation of educational groups, their arrival and departure schedules and transportation needs are currently in our plans and performance. We coordinate on a daily basis with the Pigeon Key staff to determine planned vs. actual arrival tunes of the groups and the planned departure times depending on their schedules and activities. This is already a part of our operational procedures. Educational groups are accommodated at no charge for transportation to the Island and return during the normal operating hours. Many groups are large and utilize a tour bus. We have the ability to hire additional Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 SERVICE REQUIREMENTS: RFP: Pg.13, A.1. a. — cont'd Educational Groups: vessels, if needed, to move the entire educational group. We can open the gate adjacent to the "Train" to allow the bus to enter Knights Key through a delivery entrance to discharge the children and their luggage immediately adjacent to our dock and vessel. This makes the arrival of the groups more organized, the guests and students are in one location, and the vessels are right there at the dock. There is no need to carry luggage any distance. We have arranged this as part of our service. Transporting these groups at hours other than during school hours is not an issue. We have transported groups as early as 6:30 A.M. and as late as 10:30 P.M. We are as flexible as possible to accommodate Pigeon Key and want to make sure that their guests and students have a great experience while visiting our area. In addition, many times we utilize the staff trip as discussed in a below to transport educational rg_ouRs. SERVICE REQUIREMENTS: RFP: Pg.13, A.1. b. Historic Tours: Historic Tour participants average less than 10 passengers per tour. This is documented. During unusually busy times the participation may be higher, but this is manageable and infrequent. The current tour schedule is very efficient for the Foundation. We also have made adjustments for emergency situations where a tour guide is unavailable, the train staff is unavailable, etc. In situations such as these we have trained our staff to contact the Executive Director and determine the most appropriate course of action. Our staff can fill a temporary void when needed. Contracted Functions and Guest House Use: RFP: Pg 14,1. c. and d. In lieu of the Art Festival, we provided transportation for a function at Pigeon Key for which over 800 people were invited. We were able to provide transportation for each and every person that attended that function. The wait time for any one person was less than 30 minutes. We schedule the boats so that no one was unduly delayed and everyone who wanted to be off the Island at a certain time was accommodated. Our last trip from Pigeon Key to Knights Key was at 1:00 A.M. This event was a huge success for Pigeon Key Foundation. We are able to transport up to 200 people within a 90 minute timeframe. Contracted Functions and Guest House Use reservations that have been accepted by Pigeon Key are planned in advance. The group that is utilizing the Island has a planned arrival date, arrival time, length of stay, departure date, and departure time. These groups can be integrated into the daily transportation schedule. Most groups, no matter what their purpose, will have prearranged reservations to use the Island, length of stay, number of nights, days, meals, activities, etc. already in place. We have always had a good communications system with the Pigeon Key staff and coordinate our transportation and services with the reservations and requirements of the group that has reserved the Island. Depending on the schedule approved by Pigeon Key, these groups can be integrated during the base service hours of 10 AM and 4 PM. Much of the smooth operation of the transportation of guests will be predetermined by the Pigeon Key staff and their reservations system, communication with their guests, and the time frames determined by the reservation. Paradise Divers will always be as accommodating as possible within reasonable terms to transport passengers to and from the Pigeon Key dock. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 Foundation Staff: RFP: Pg 14,1. e. Foundation staff regularly utilizes the ferry service. Foundation staff transportation is accommodated on My trip that is being performed at no charge. There is never a charge or an issue when one of the staff needs to leave or return to the Island. Many times the staff person will contact the captain on duty and let them know their plans. We have a very good rapport with Pigeon Key staff and communication is essential. When needed we run a staff trip up to 90 minutes before and 90 minutes after the base service hours of 10:00 A.M. and 4:00 P.M. Emergency Access: RFP: Pg 14,1. L Five of our captains reside in Marathon. An emergency response time to evacuate up to six persons would be travel time from their home to the vessel dockage and then to Pigeon Key. Depending on traffic, time of day or night, this time will vary, but will usually be close to 30 minutes. If a captain has to travel from Big Pine, that increases the response tome to 45 minutes. There are currently two small un-inspected vessels docked at the Pigeon Key Island dock. The staff is trained to run, navigate, and evacuate the Island in case of emergency. Both Larry Wright and Linda Kruszka are First Aid and CPR instructors and have certified the staff of Pigeon Key in these areas. That would also meet the requirement of the Fire Marshall. In an emergency, like anywhere else in the Florida Keys there is air evacuation available (this has already been implemented and a helicopter has landed at Pigeon Key for testing and experience purposes). Also available are Florida Fish and Wildlife, Florida Marine Patrol, and the U.S. Coast Guard. In addition, currently when Paradise Divers is announcing the safety briefing of the vessel, we also include a statement of medical issues. If any passenger has a medical condition that may be an issue while on our vessel, they are encouraged to discuss it privately with the Master and crewmember to avoid a surprise situation. For example, an asthmatic would let the Master and crewmember know where their inhaler is located. For guests who stay on Pigeon Key, they complete liability releases, It would be a small matter to incorporate a medical form, such as a professionally recognized organization like the Professional Association of Dive Instructors utilizes to inform the Foundation staff of any possible issue. Implementing this type of procedure would eliminate most medical emergency surprises. For an emergency evacuation, we have an on call person 24 hours per day and 7 days per week. Emergency medical personnel can meet us at the dock and accompany us to Pigeon Key to have immediate professional medical assistance. In addition, our boats carry first aid kits and oxygen on every trip. SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 14, a. Consumables Goods Transportation for consumables can be accomplished either prior to 10 AM or after 4 PM. Items such as food and other supplies are transported when passengers are not present on the vessel during the 10 AM to 4 PM time schedule. In our experience, on a daily basis, there will not be passengers on every available trip time during the operating day. During these times, we would consolidate our trips by transporting non hazardous goods and supplies. We also check in the food that is delivered. We match the cases of food delivered to the delivery invoice as we are loading the boxes onto the vessel. If we did not do that and the order was short, it would be difficult for Pigeon Key to correct the situation. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 14, a. Consumables —cont'd Items such as diesel fuel, propane fuel, and the removal of rubbish would be done prior to moving any guests or after 4PM. These would be the last trips of the operating day. Paradise Divers already has in place an Emergency Spill Contingency Plan, which is required by the Department of Transportation, utilizing SWS Environmental First Response Company. In accordance with our Post Trip Boat Procedures, the vessel is washed, scrubbed, and disinfected each night. This procedure is required. We do this after each trip on our vessels, and therefore is already an established procedure. We have transported over 29,000 gallons of diesel fuel between Knights Key and Pigeon Key during the past 29 months. We have removed over 5,000 bags of trash, plus washing machines, refrigerators, furniture, building materials, propane, and debris. Equipment to fill the diesel tanks at the Island, which is the only dock at Pigeon Key, is in our possession. Fuel is transported at times that is most convenient for the Island. We have a very efficient communication system in place to confirm the fuel level at the Island and usage. Depending on which generator is running, the fuel consumption rate changes. On the Marathon side, fuel is delivered to the "Train" storage facility as needed. We monitor the level of this storage tank and the level of the fuel tank on the Island to make sure that there is enough fuel at either end to sufficiently power the generator(s). We plan our fuel deliveries to make sure that the Island has enough fuel for several days. Especially during periods of bad weather, high winds and seas, we make sure that the Island will have fuel to sustain their needs. We haul trash/garbage on our return to the "Train" dock after the first trip of the day. There are no passengers on this trip. We have time to clean and disinfect the boat prior to the next passenger trip. This works extremely well for Pigeon Key. They know when to have the garbage at the dock and that it will be promptly removed. This way no guests actually see any trash. In order to eliminate duplicate expenses, we utilize the dumpster at the Pigeon Key "Train". This dumpster is sufficient for the trash from the Island. SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 15, b. Other Material Delivery of other materials such as tents, tables, chairs, other similar materials, catering supplies, service technician's equipment, is accomplished regularly. Scheduling delivery of these goods is planned in advance and integrated with the daily activities of the Island using, effective communications and scheduling. We have the ability to let the large delivery trucks enter Knights Key through a separate delivery gate. The goods are off loaded in close proximity to our dock and vessel. We load and unload the supplies for Pigeon Key. The goods are then transported to Pigeon Key and offloaded at the dock by our staff working closely with Pigeon Key staff to suit their time and schedule. SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 15, c. Special Equipment Paradise Divers has the ability to contract to move bobcats, backhoes (up to 1,700 lbs) to repair Island facilities during post hurricane event periods. Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 SERVICE REQUIREMENTS: RFP: Pg 16, B. Vessel Requirements Paradise Divers currently owns both of the vessels as described above and can implement this plan on schedule. Our vessels are U. S. Coast Guard certified and inspected. Their intended use is on the Atlantic and Gulf waters of the Florida Keys. The draft on both Paradise Diver IV and Paradise SeaDiver is 32 inches. We are in compliance with all laws, statutes, and requirements during the operation of these vessels. In accordance with those requirements, we reserve the right to suspend or postpone operations during Small Craft Advisories, Small Craft Warnings, or other unsafe operating conditions, as issued by the National Oceanographic and Atmospheric Administration or other marine safety organization. We consistently listen to these broadcasts and follow the recommended safety advisories and warnings that are issued. In addition, if in our experience, there are dangerous sea states in which a reasonable person would not run passengers or goods, we have the sole discretion to suspend or postpone a trip or trips. In these instances, there will be no damages liable by Paradise Divers. In addition, if a trip transporting passengers is late, by any amount of time, due to the late arrival of a passenger, the delay caused by a Pigeon Key staff, delay caused by weather or other conditions beyond our control, there will be no damages liable by Paradise Divers. Paradise Divers will make every reasonable effort to maintain safe on -time schedules and performance. SERVICE REQUIREMENTS: RFP: Pg 16, C. Docking and Operations Requirements Docking facilities at the Pigeon Key Island dock are sufficient for our operation. We have modified the dock by adding bumpers between the vessel and the dock, for safety. The dock at the Pigeon Key "Train", which is at Knights Key, has also been modified by adding bumpers between the vessel and the dock, for safety. Additional cleats have been added with permanent lines. Our boats can currently land at both docks, so any additional modifications would not be necessary. Again, we have a current and future contract with Earthmark Corporation for dockage rental at Knights Key. That is our proposed Marathon side docking facility. The parking facilities at the Pigeon Key "Train" are sufficient. There are a minimum of 15 parking places, plus use of the historical parking across the street. This facility is sufficient for our purposes. OPERATIONAL REQUIREMENTS: RFP: Pg 16 Paradise Divers has all operating permits and licenses required. to safely, legally, and efficiently operate this ferry operation. See copies of the attached Florida Department of State Annual Report, Monroe County Business Tax Licenses, and the Florida Vessel Registrations. Our performance over the past 29 months has exceeded everyone's expectations. All of our staff wears uniforms, at our cost, that are bright and embroidered with "Pigeon Key Ferry Service". At our cost, we have lettered our vessel "Pigeon Key Ferry". Paradise Divers, Inc. currently has in place a zero tolerance drug testing program. All crewmembers are currently enrolled in this program and are randomly required to be drug tested. This established drug testing program is administered by The Maritime Consortium, Inc. Paradise Divers, Inc. ItFP - Temporary Ferry Service Between Marathon and Pigeon Key May 5, 2010 EXIIIBIT A: Monthly Fee for Passenger Transportation 8:30 AM through 5:30 P.M. — Base Service $20,833.33 per month (Except for the Art Festival or other functions as noted) Based on $684.93 per day for 365 days per year Passenger Transportation Cost Prior to 8:30 AN and after 5:30 PM $ 150.00 per round trip Additional trips as needed for educational groups 84 round trips per year, included in budget Passenger Transportation Cost Before 8:30 AM and after 5:30 PM For Pigeon Key Foundation Sponsored Events For Contracted Functions $ 150.00 per round trip Goods Transportation Costs Prior to 8:30 AM and after 5:30 PM $ 150.00 per round trip For Pigeon Key Foundation Sponsored Events For Contracted Functions Special Equipment Transport $ 3,000.00 per occurrence BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/16/10 - MAR Division: Public Works Bulk Item: Yes X No Department: Roads & Bridges Stag' Contact Person/Phone #: Dent Pierce/292-4560 AGENDA ITEM WORDING: Approval of a resolution rescinding Resolution No. 060-2010 and prohibiting the parking, standing or stopping of vehicles at the end of, and on the paved portions of, Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean. in Tavernier. ITEM BACKGROUND: On 2/17/10, the Board approved Resolution No. 060-2010 ".....prohibiting the parking, standing or stopping of vehicles along the County right o way on both the North and the South side of Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean." Following approval of this resolution, on 3/17/10 the item was brought back to the Board for further discussion and public input and the Board tabled the item to allow for staff review and recommendation. On 5/19/10, the Board voted to change the prohibition to apply to "....the end of and on the Waved portions of Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean" and directed staff to install signage reading "No Parking on Pavement" and "No Parking" signs at the end of the road This resolution will rescind Resolution No. 060-2010 approved by the BOCC on 2/17/10 and adopts a resolution that includes the changes made by the Board on 5/19/10 (I2). PREVIOUS RELEVANT BOCC ACTION: 2/17/10 BOCC approved Resolution No. 060-2010 5/19/10 BOCC approved changes to prohibition area and specific signage CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County A Z � OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7l09 AGENDA ITEM # RESOLUTION NO. -2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RESCINDING RESOLUTION NO. 060-2010 AND PROHIBITING THE PARKING, STANDING OR STOPPING OF VEHICLES AT THE END OF, AND ON THE PAVED PORTIONS OF, SUNRISE DRIVE, NORTH SUNRISE DRIVE AND OCEAN VIEW DRIVE FROM TARPON STREET TO THE ATLANTIC OCEAN. WHEREAS, pursuant to Monroe County Code Sec. 25-27, the Board of County Commissioners may restrict or prohibit the parking, standing or stopping of vehicles along county roads; and WHEREAS, Sunrise Drive, North Sunrise Drive and Ocean View Drive are all County roads located in Tavernier; and WHEREAS, Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean are narrow and become congested; and WHEREAS, Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean end at the open water providing public access to the open water; and WHEREAS, vehicles have been observed parked at the Atlantic Ocean end of Sunrise Drive, North Sunrise Drive and Ocean View Drive blocking public access to the open water; and WHEREAS, vehicles have been observed parked upon the paved sections of Sunrise Drive, North Sunrise Drive and Ocean. View Drive from Tarpon Street to the Atlantic Ocean particularly in areas where the right of way contain landscaping plants; and WHEREAS, on February 17, 2010, to increase accessibility of emergency vehicles and to increase public access to open water, the Board adopted Resolution No. 060-2010 "...prohibiting the parking, standing or stopping of vehicles along the County right of way on both the north and south side of Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean"; and WHEREAS, on May 19, 2010, following adoption of Resolution No. 060-2010 and additional input from the public and staff, the Board withdrew it's approval of the parking prohibition language contained in Resolution No. 060-2010 and approved "prohibiting the parking, standing or stopping of vehicles at the end of, and on the paved portions of Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean" ; and Res rescinding Res 060-2010 Page 1 of 2 Pages re parking Sunrise ©r SOCC 5/19/10 WHEREAS, on May 19, 2010, the Board approved the designated areas to include Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean and the Atlantic Ocean end of Sunrise Drive, North Sunrise Drive and Ocean View Drive and directed that the designated areas be posted with the appropriate "No Parking on Pavement" and "No Parking" signage as required by Sec. 25-27, Monroe County Code; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: 1. Resolution No. 060-2010 is hereby rescinded. 2. The paved portions of Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean shall be designated as a no parking, standing or stopping area. 3. The Atlantic Ocean end of Sunrise Drive, North Sunrise Drive and Ocean View Drive shall be designated as a no parking, standing or stopping area. 4. The designated area shall be posted with the appropriate "No Parking On Pavement" signage and "No Parking" signage as required by Monroe County Code Sec. 25-27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16"' day of June, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Kim Wigington Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson //6 Res rescinding Res 060-2010 Page 2 of 2 Pages re parking Sunrise Dr BOCC 5/19/10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mai, 19. 2010 Division: Public Works Bulk Item: Yes _ No X Department: Roads & Bridges Staff Contact Person/Phone#: Dent Pierce/292-4560 AGENDA ITEM WORDING: Discussion of Resolution No. 060-2010 prohibiting the parking, standing or stopping of vehicles along the County right of way on both the north and the south side of Sunrise Drive, North Sunrise Drive and Ocean View Drive in Tavernier, from Tarpon Street to the Atlantic Ocean, ITEM BACKGROUND: Requests were received from residents in the neighborhood to prohibit parking on Sunrise Drive, North Sunrise Drive and Ocean View Drive. These three County roads are narrow and congested. The roads also end at the water, and by prohibiting vehicle parking in these areas, it will allow residents unobstructed access to the water for swimming, kayaking, etc. The Resolution was revisited and discussed at the March 17, 2010, and was tabled. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 060-2010 on February 17, 2010. Revisited and tabled item on March 17, 2010, CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: No action needed unless directed otherwise. TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes: No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: YES NO x AMOUNT PER MONTH YEAR APPROVED BY: County Atty. OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. 060 -2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PROHIBITING THE PARKING, STANDING OR STOPPING OF VEHICLES ALONG THE COUNTY RIGHT OF WAY ON BOTH THE NORTH AND THE SOUTH SIDE OF SUNRISE DRIVE, NORTH SUNRISE DRIVE AND OCEAN VIEW DRIVE FROM TARPON STREET TO THE ATLANTIC OCEAN WHEREAS, pursuant to Monroe County Code Sec. 25-27, the Board of County Commissioners may restrict or prohibit the parking, standing or stopping of vehicles along county roads; and WHEREAS, Sunrise Drive, North Sunrise Drive and Ocean View Drive are all county roads located in Tavernier; and WHEREAS, Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean are narrow and become congested; and WHEREAS, prohibiting vehicles from parking in the right of way would increase accessibility of emergency vehicles on Sunrise Drive, North Sunrise Drive and Ocean View Drive form Tarpon Street to the Atlantic ocean; and WHEREAS, the designated no parking area would be posted with "No Parking" sign as required by Sec. 25-27, Monroe County Code; and WHEREAS, the designated area would include Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT - I. The County right of way along both the north side and the south side of Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean shall be designated as a no parking, standing or stopping area. 2. The designated area shall be posted with the appropriate "No Parking" signage as required by Monroe County Code Sec. 25-27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 1 P day of February, 2010. Mayor Sylvia Murphy 'des Mayor Pro Tern Heather Carruthers yes Commissioner Kim Wigington yes Commissioner George Neugent Yes Commissioner Mario Di Gennaro Yes BOARD OF COUNTY COMMISSIONERS OF MONRO�E COUNTY, FLORIDA Sylvia Murphy, Mayor Signed this fit. day of 2010 +Li L 1lOE cum ri r=- rn DEPiFCC - i J zc rn -4.*P- & C j�WUNTY t: J Statutes & Constitution :View Statutes : Online Sunshine 316.194 Stopping, standing or parking outside of municipalities. -- Page l of I (1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main -traveled part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway; but in every event an unobstructed width of the highway opposite a 71 standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway. (2) This section shalt not apply to the driver or owner of any vehicle which is disabled while on the paved or main- traveted portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily Leaving the disabled vehicle in such position, or to passenger -carrying buses temporarily parked white loading or discharging passengers, where highway conditions render such parking off the paved portion of the highway hazardous or impractical. (3)(a) Whenever any police officer or traffic accident investigation officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the vehicle, to a position off the paved or main -traveled part of the highway. (b) Officers and traffic accident investigation officers may provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal to be a lien against motor vehicle, when an abandoned vehicle is found unattended upon a bridge or causeway or in any tunnel, or on any public highway in the following instances: 1. Where such vehicle constitutes an obstruction of traffic; 2. Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the pavement edge; and 3. Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding 10 days, in other than designated parking areas, and is more than 30 feet from the pavement edge. However, the agency removing such vehicle shall be required to report same to the Department of Highway Safety and Motor Vehicles within 24 hours of such removal. (c) Any vehicle moved under the provisions of this chapter which is a stolen vehicle shall not be subject to the provisions hereof unless the moving authority has reported to the Florida Highway Patrot the taking into possession of the vehicle within 24 hours of the moving of the vehicle. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter318. OCEAN VIEW DR. SUNRISE DR. NORTH SUNRISE DR. NORTH SUNRISE DR. #2 NORTH SUNRISE DR. #3 Page i of 1 From: CheryIC652@aol.com [mailto:CheryIC552@aol.com] Sent: Wednesday, March 24, 2010 4:54 PM To: BOCCDIS5 Subject: No Parking signs Tavernier Heights March 24, 2010 Dear Mayor: I am writing to you about the no parking signs on Ocean View Drive, Sunset Drive, and North Sunset Drive in Tavernier, Florida. These roads are located in Tavernier Heights. These are county roads running from US 1 to the Atlantic Ocean. Recently no parking signs have been placed at the ends of on the Atlantic Ocean. The people in our community want the signs to stay there that we have fought for years to be placed in those areas. These roads are public roads and right of ways which belong to the public not the people who live and the end of the street. Sincerely, Robert and Cheryl Cooke 123 Ocean View Drive Tavernier, FL. 33070 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Bate: Wed�March 17, 2010 Bulk Item; Yes No XX Division: BOCC Department: Comm. Di Gennaro, District 4 Staff Contact Person: Tamara Lundstrom (305 299-6000) AGENDA ITEM WORDING: Discussion and revisit by the Board of probibiting parking, standing, or stopping, of vehicles along County right-of-way on both the north and south side of Sunrise Drive, North Sunrise Drive, and Ocean View Drive in Tavernier, from Tarpon Street to the Atlantic Ocean. ITEM BACKGROUND: An affected property owner has come forward who did not know about this action prior to seeing the No Parking signs go up. He now cannot park in front of his house that fronts North Sunrise .Drive. PREVIOUS RELEVANT BOCC ACTION: BOCC approved Resolution #060-2010 at the February 17, 2010 meeting. CONTRACTIAGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: cos'I' TO COUNTY: BUDGETED. Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management __ DOCUMENTATION: Included DISPOSITION: Revised 2105 Not Required AGENDA ITEM # Property Search -- Monroe County Property Appraiser Page 1 of 4 Ervin A. Higgs, CFA c0ce (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe County, Florida Property Record View t (r Alternate Key: 1624608 Parcel ID: 00506750-000000 Ownership Details Milling Address' GONZAi E7 ,M-L 8 22.1) TARPON ST -AYEXIN1ER, 174. 33070 Property Details PC Coda' 01 • SINGLE FAMILY Millage Group: 500P Affordable NO Housing: Section- Township- 34-02-38 Range: Prol`f"y 220 TARPON ST KEY 1.AAGO Location: Subdivision: &NGLElC%A0D I0IAVFXNtcR CO4l Legal Silvl:I.1»TCtiS .•DC TAVER, r- covi, PR 1.1-30i LOT 23 S N: J. LOT 25 CR493 746 OPk;y7•:`773 03T :;t7-231fiGG OF2113;11 71fi-?aFJ Description' 0R1flA1-g5}rwT GR70•.I-_5?CT OR14dT•373G.'1. G 0R1114 5G 0f31 } ,r. �iiC.'-`, t;R+. 141 20 `, OR1147 1036 OR1346-M CR1342-962 0R14*-22C2.04(URDADEF.IOt•1 1217 f' Parcel Map 7aa Wang t 1' t� if 505730 ` f 1 6)671o.0WZ )MI7 U67sa a. i Li— Exemptions Land Details —_ Exemption ----.. -... .._.-..—_. _.w-_...u....� Amount 44 - AgDL HOhi�Si L�,1;! 25.404.40 ». :w . _SUOQ HOMESTEAD 25.000.Go Land Use Cade rromage ueyrn 014h'-REfi'NATERFRONT 50 i;12 B."1 3.03SF http://www.mcpafl,oTg/PropSearch.aspx 3/4,2010 r7 i li ti•. t+ tom, tv / `� �v Z7ti� ( �� S �� � W U1 r s fa 1 _r� -��,}} -;� i����\4��Y rr� • F_' � � ti.\ ` oG+,+.w>Ur: r xMrmyx � �� �\ �/•�� +\ � /,E� vv i �, i� � .ram. v �• Xfj/" r j -ter_ j 1 /~ J �r r'1•ll �:%s. \♦ 'li`� ` 1 f�ff����4R`)k�� l�;r } h�wfi. �.�4�1 �r(('����.'��� rr/jt i � ,* � •���(f\�� • ��\ rf "1 y`j' I{o( mow: Cfy \ ',;::`y �i�•r 1• 5 A \`' I i 11 i tr \.�,,�✓ 08' s+ 'C s��a��� � �r •,;�.��,` � Y`!� �p � t jai i �I m r' Y I r•.•••Z A�ic ch-E'- pAiY1l AT] L^r' r .[• � ��. _ _ I...L_1 Iry i� \\ r F� *� t trir'��1 j„� �� ~ �� �•`� �� !'��T`=.1 k �, � 1 .; E: ta'� j( - Y • \,t J� rr %p 4�\,� ��� ��.-.,��r. �;rr lAr in s� bi��l ..,rk�_,_��'��I`� � r". f 4 KEY IN � • � -•; >;Fri /� ;b Oak[ a7'•vi g�:���e��-..� vj KAA TCI Ef The Board discussed closing a portion of Mariposa Read, Ramrod Key, from Shannahau Road to Old State Road 4A. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Neugent granting approval of the itc€n. Motion carried unanimously. The Board discussed a Resolution prohibiting the parking, standing or stopping of vehicles along the County right of way on both the north and the south side of Sunrise Drive, North Sunrise Drive and Ocean View Drive in Tavernier, from Tarpon Street to the Atlantic Ocean. Alter discas,sirrn, motion i zis made by DiGennaro and seconded by Commissioner Netwent grrnting approval of the item. Motion carried un.rnirnErusly. RESOLUTION NO.060-2010 Said Resolution is incorporated herein by reference, The Board discussed advertising a Request for Proposals for the Pigeon Key Ferry Service to provide service from July 2010 through June 2013. The Florida Department of Transportation (FDOT) has provided additional funding of $750,000 for service for tluee additional years. Judith S. Clarke, Director of Engineering Services discussed the matter. After discussion, motion was made by Commissioner DiGennaro and seconded by Commissioner Wigington granting approval to advertise a Request for Proposals for the Pigeon Key Ferry Service with DOT providing additional funding for oue (1) year in the amount of $250,000.00 for from July, 2010 through July, 2011. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL The Cleric announced a vacant position on the Tourist Development Council District I Advisory Committee for an "At Large" appointment. The Board discussed the appointment of one "At Large" member to the Tourist Development Council District V Advisory Committee. Motion was made by Mayor Murphy and seconded by Commissioner DiGennaro appointing Ms. Deborah J. McAfee. Motion carried unanimously. STAFF REPORTS Growth Management - Christine Hurley, Growth Management Director reported to the Board on the following matters: The first meeting of the Tier Designation Review Committee is scheduled to be held on Tuesday, February 23, 2010 at the Marathon Government Center starting at 2:00 P.M.; The public meeting dates for public input on the Evaluation and Appraisal report regarding the Comprehensive Plan are scheduled to begin at 6:00 P.M. on April 6, 2010 at the Harvey Government Center, April 7, 2010 at the Marathon Government Center, and April S, 2010 at the Murray Nelson Center - the counVs consulting Finn Keith & Schnars will be coordinating the meetings; Ms. Hurley also discussed the status of the Florida Fish and Wildlife Conservation Commission Pilot Program for anchoring and mooring. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Februan, 17. 2010 Division: Public Works Bulk Item: Yes X No Department: Roads & Bridges Staff Contact Person/Phone#: Dent Pierce/292-45G0 AGENDA ITEM WORDING: Approval of a Resolution prohibiting the parking, standing or stopping of vehicles along the County right of way on both the north and the south side of Sunrise Drive, North Sunrise Drive and Ocean View Drive from Tarpon Street to the Atlantic Ocean. ITEM BACKGROUND: Requests have been received from residents in the neighborhood to prohibit parking on Sunrise Drive, North Sunrise Drive and Ocean View Drive. These three County roads are narrow and congested. The roads also end at the water, and by prohibiting vehicle parking in these areas, it will allow residents unobstructed access to the water for swimming, kayaking, etc. PREVIOUS RELEVANT BOCC ACTION: None CONTRACTIAGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval as stated above and to post the designated area with "No parking" signage as required by MCC Sec. 25-27. TOTAL COST: approx. $500.00 BUDGETED: Yes X NO Cost to County: sane SOURCE OF FUNDS: Road & Bridge.Fund REVENUE PRODUCING: YES NO x AMOUNT PER MONTH YEAR APPROVED BY: County Atty. OMB/Purchasing Risk Managennelt _ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Bulk Item: Yes X No Division: Public Works Department: Solid Waste Management Staff Contact: Rosa Washington /292-4432 Amy Shabduc /292-4524 AGENDA ITEM WORDING: Approval of Resolution to submit the consolidated Small County Solid Waste Management Grant Application to the Florida Department of Environmental Protection (DEP). ITEM BACKGROUND: As in past years, the Department of Environmental Protection is offering a Consolidated Small County Solid Waste Management Grant. This grant combines the functions of the solid waste grants awarded in previous years. PREVIOUS RELEVANT BOCC ACTION: This is the same combination grant offered for the past seven years. CONTRACT/AGREEMENT CHANGES: Due to the Florida's Legislature's budget cut the amount of this year's grant should be approximately $70,588. STAFF RECOMMENDATIONS: Approval TOTAL COST:N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: N/A SOURCE OF FUNDS: Department of Environmental Protection REVENUE PRODUCING: Yes X No AMOUNT PER YEAR: $70,588 r (Approximately) APPROVED BY: County Atty t _�' OMB/Purchasing Risk Management N/A DOCUMENTATION: Inclu ed X Not Required DISPOSITION: AGENDA ITEM # Revised 5/10 SOLID WASTE MANAGEMENT RESOLUTION NO. - 2010 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY FLORIDA, AUTHORIZING THE SUBMISSION OF THE CONSOLIDATED SMALL COUNTY SOLID WASTE MANAGEMENT GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR FISCAL YEAR 2010/2011. WHEREAS, Florida Department of Environmental Protection has announced the application deadline of July 1, 2010, for the Consolidated Small County Solid Waste Management Grant, now therefore: BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Monroe County Solid Waste Management Department has approval to submit the Consolidated Small County Solid Waste Management Grant to the Florida Department of Environmental Protection, and that; 2. The Board authorizes the Mayor to have signature authority on the Department of Environmental Protection grant application and agreement, and authorizes the County Administrator, or Deputy Administrator, to have signature authority on payment request, and that; 3. This resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding Officer and Clerk of the Court. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on 16th day of June AD 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: Mayor/Chairman Danny L. Kolhage, Clerk �� - <--- TO: All Interested Parties FROM: Bobby Adams, Waste Reduction Section DATE: May 10, 2010 SUBJECT: Consolidated Solid Waste Grant Applications An application for the Consolidated Solid Waste Management Grant is enclosed for your review and response. The Legislature budgeted $2,400,000 for this year's grants in the recently concluded session. There are now 34 counties with populations less than 100,000. The Governor has not yet signed the budget but we do not anticipate any problems so the grant amount for the upcoming year should be $70,588 assuming all eligible counties apply. APPLICATION DUE DATE: July 1, 2010 All grant applications must have an original signature by the county's authorized representative. The completed application should be sent to: Department of Environmental Protection Bobby Adams, MS 4555 2600 Blair Stone Road Tallahassee, FL 32399-2400 If you have any questions, please contact Bobby Adams (Bobby.Adams@dep.state.fl.us) 850- 245-8736 or Tony Partin (Tony.Partinedep.s'"aie.fl.us) 850-245-8737. Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 CONSOLIDATED SMALL COUNTY SOLID WASTE MANAGEMENT GRANT APPLICATION 1. Name of County: Monroe County 2. Address of County: 1100 Simonton St., #2-231 Key West, F133040 3. Federal Employer Identification Number: 59-6000-749 4. Name and Title of Contact Person (person handling program on a daily basis): Name: _Rosa Washington Title: Senior Administrator 5. Address of Contact Person: 1100 Simonton St., #231 Key West F133040 6. Telephone Number of Contact Person: (305)292-4432 7. Population of County: 8. Purpose for which grant money is requested. (Indicate by checkmarks): Rule 62-716.510 (1) a. Purchasing or repairing solid waste scales X_ b. Annual solid waste management program operating costs (may include waste tire and litter control and prevention) c. Planning d. Construction of solid waste facilities 9. Name and Title of Authorized Representative: e. Maintenance of solid waste facilities f. Education for employees or public g. Recycling demonstration projects Charlie Crist Governor Jeff Kottkamp Lt. Governor R9ichael W. Sole Secretary Name: SYLVIA MURPHY* ROMAN GASTESI** DEBBIE FREDERICK** Title: MAYOR COUNTY ADMISTRATOR DEPUTY COUNTY ADMINISTATOR *AS TO THE SIGHNING OF THE APPLICATION AND AGREEMENT **AS TO THE SIGHNING OF PAYMENT REIMBURSEMENT REQUESTS 10. This application is due by July 1, of each year. 11. E-Mail Address: washington-rosa@monroecounty-fl.gov 12. Is your County Self -Insured for Liability Insurance, appropriate and allowable under Florida Law? YES: _X_ NO: If your county is self -insured, we must have a written statement from your Chief Financial Officer stating this. (Please Attach). 13. How does your County plan to submit Reimbursement Request? (Indicate by checkmarks): Quarterly:X; Monthly: I CERTIFY that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority to apply for this grant on behalf of this county. Signature of Authorized Representative Date Please return form to: Department of Environmental Protection Solid Waste Section * Mail Station # 4555 * 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Attachment A - Grant Application Page 1 of 1 5/10- FY10/11 Vnrc Protection. Procc.ti.'; IVIVI'.thl) ctcrtc'.f1.11S Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 INSTRUCTIONS FOR CONSOLIDATED SMALL COUNTY SOLID WASTE MANAGEMENT GRANT APPLICATION 1. Name of County: Any State of Florida County with a total population fewer than 100,000. 2. Address of County: Include both mailing address and street address, if applicable. 3. Federal Employer Identification Number: Nine -digit number assigned by the Internal Revenue Service, (example 59-6000349). This number can be obtained from your accounting office. 4. Contact Person: Person handling Solid Waste and Recycling Functions on a daily basis. Person who can also answer questions about Reimbursement Request. 5. Address of Contact Person: Please include both mailing address and street address, if applicable. 6. Telephone Number of Contact Person: Please include Area Code. Also include SUNCOM Number if applicable. 7. Population of County: Total incorporated and unincorporated population. (Will be determined by population estimates provided by the Governor's Office.) 8. Purpose for which grant money is requested: Please check mark categories (a. - g.), you may check more than one. 9. Name and Title of Authorized Representative: Person legally authorized to sign Grant Agreements (usually the Chairman of the Board of County Commissioners, Mayor, or City Manager unless a resolution has been passed to designate another person). Please provide a copy of the Resolution designating authority to another individual with application. 10. This Application is due by 11gy 1st of each year: Self Explanatory. 11. E-Mail Address: Please provide the contact person's current computer E-Mail address. 12. Is your County Self -Insured?: We need to know if your County is Self -insured or not. This will not affect your eligibility to receive the grant, but it will change some of the grant language depending on your answer. (Please see Cover Letter for more details.) 13. How does your County plan to submit Reimbursement Request? Please indicate by check marks if County plans to submit Reimbursement Request Quarterly or Monthly. NOTE: Signature of Authorized Representative: Please provide an original signature, a stamp will not be accepted. Please have the Authorized Representative date their signature. NOTE # 2 : If you have any questions in completing the Consolidated Small County Solid Waste Management Grant Application, per these instructions, please call Bobby Adams at (850)-245-8736. 5/10 - FY10/11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/16/10 Division: Public Works Bulk Item: Yes X No _ Department: Solid Waste Manement_ Staff Contact: Rosa Washinaton/292-4432 AGENDA ITEM WORDING: Approval for staff to continue purchasing air time on Radio Ritmo, the only bilingual station in the Florida Keys, in an effort to continue outreach and education efforts to our Spanish speaking residents regarding our Solid Waste and Recycling Goals, Programs and events. ITEM BACKGROUND: According to the University of Florida, Bureau of Economic and Business Research, there are approximately 20,000 residents in Monroe County whose first language is Spanish; this is not including the Spanish speaking individuals that come to Monroe County to work or visit. The station can be heard from the Key Largo to the southernmost point in Key West. During April "Earth Month" we were able to gauge the results of advertising on this station by the participation of non-English speaking residents in our Household Hazardous and E-Waste Collection events, especially in the area of Stock Island and Marathon. Further, staff has taken the opportunity to explain to listeners, on the air in Spanish, the concepts of Reduce, Reuse and Recycle, and non -ad valorem tax, in easily understood terms in a meaningful way to the residents. The cost to Monroe County would be $300 per month for the next 4 months (end of the Fiscal Year 2009/2010). PREVIOUS RELEVANT BOCC ACTION: On 1/20/2010, the BOCC approved purchase of air time as a three-month trial period. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: RM INDIRECT COST: n/a BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: $1200 SOURCE OF FUNDS: Fund 414 SW Assessment REVENUE PRODUCING: Yes _ No X AMOUNT PER YEAR; 0 APPROVED BY: County Atty _ OMB/Purchasing Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1/20/10 Division: Public Works Bulk Item: Yes X No _ Department: Solid Waste Management_ Staff Contact: Rosa Washington/292-4432 AGENDA ITEM WORDING: Approval for staff to purchase air time on Radio Ritmo, the only bilingual station in the Florida Keys, in an effort to reach and educate our Spanish speaking residents in regards to our Solid Waste and Recycling Goals and Programs and further boost participation in the County's Recycling Program. ITEM BACKGROUND: According to the University of Florida, Bureau of Economic and Business Research, there are approximately 20,000 residents in Monroe County whose first language is Spanish; this is not including the Spanish speaking workers that come to Monroe County to work or visit. The station can be heard from the Key Largo to the southernmost point in Key West. The cost to Monroe County would be $300 per month and requires a three (3) month commitment. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $900 BUDGETED: Yes X No COST TO COUNTY: $900 SOURCE OF FUNDS: Fund 414 SW Assessment REVENUE PRODUCING: Yes _ No X AMOUNT PER YEAR; 0 APPROVED BY: County Atty _ OMB/Purchasing Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 Dec 30 2009 3:10PM HP LRSERJET FAX 305 745 4165 e►— WPIK 102.5 FM & e..,, jr www,myradiorit no. cam PROPOSAL MONR.OE COUNTY FLORIDA 02.5 Radio Ritmo is the only bi-lingual radio station in all of the Florida Keys. This is the ultimate way to reach our local Spanish speaking and bi-lingual community, along with our daily visitors from across the country as they travel throughout the keys. You can receive extensive coverage on our station for a minimal investment. Here is what we are offering, 25 (60 seconds) spats to run Monday - Sunday 5 - 10 live bi-lingual mentions/announcements per week l - live phone commercial per week (avg. 5 mins.) with a radio personality. Total price fo C P�etac s'V"Vest package is $300.00 per month k,- om itrnent) eeL opez '(305) 849- l 919 0 W O W 3 J w v' J 1 ✓ " > N d E E a; F. 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N o" -o 'n A a y c b O Y -o o E a v E E m 3 a E v > d .� L u Y v 3 3 o t o 3 s u FL-m - m w ov-uo , m.- r. _ Y��6.a,>>E vv c Fs-v 5l'mu �.v���= wvm�EEa Yxx""ox��ar�uu°�"',3 ,yZ 3gip¢o BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Bulk Item: Yes X No Division: Public Works Department: Facilities Maintenance Staff Contact Person: John W. King, 292-4431 AGENDA ITEM WORDING: Approval to amend the contract with Barnes Alarms, Inc. for fire and panic alarm system annual certification, maintenance and monitoring to include new buildings, to delete vacated locations, and clarify language. ITEM BACKGROUND: Barnes Alarm Systems was awarded this contract prior to the completion of the Big Pine Community Park, Freeman Justice Center and Murray E. Nelson building being completed. Departments have relocated and warranties have expired. PREVIOUS RELEVANT BOCC ACTION: On August 20, 2008 the BOCC awarded bid and approved executing a contract with Barnes Alarm Systems, Inc. CONTRACT/AGREEMENT CHANGES: Adding new buildings, deleting locations, clarifying language for additional services, major component failure procedure, and contractor payments. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $23,927.37 + INDIRECT COST: Repairs/additional services: Regular $75.08/hr; OT $112.62 Parts: Manufacturers cost plus 25% DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same BUDGETED: Yes Y, -No SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH APPROVED BY: County Atty / O B, urchasing Risk Management 4 DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Year M E M O R A N D U M DATE: May 17, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — June 16, 2010 BOCC Meeting Contract Amendment — Barnes Alarm Systems, Inc. On August 20, 2008, the BOCC awarded bid and approved executing a contract with Barnes Alarm Systems, Inc. for fire and panic alarm system annual certification, maintenance and monitoring. This was just prior to the completion of the Big Pine Key Community Park, Freeman Justice Center and Murray E. Nelson Government and Cultural Center. As these building came on line various departments relocated from smaller or leased offices into the new buildings, allowing other departments to relocate from smaller or leased offices to County -owned buildings recently vacated. This movement has required new systems be installed and some systems deleted altogether. In addition, the new buildings' warranties have expired, and Barnes is now testing, certifying, repairing and monitoring the fire and panic systems for these new buildings. I hereby request approval of this contract amendment with Barnes Alarm System, , Inc. for fire and panic alarm system annual certification, maintenance and monitoring to include new buildings, to delete vacated locations, and to clarify contract language. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Barnes' Alarm Systems Contract # Effective Date: Upon BOCC approval Expiration Date: 08/31/11 Contract Purpose/Description: Fire and Panic Alarm system annual certification, maintenance, and monitoring contract amendment Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 06/16/10 Agenda Deadline: 06/01/10 CONTRACT COSTS Total Dollar Value of Contract: $ 23,927.37+ Current Year Portion: $ 12,576 repairs/addl approx services Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A 101-20505-530-340- County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director Date In Needed, Yes[:] No[] Reviewer Risk Managent a '� �, I:.-� Yes❑ No❑" O.M.B./Purchasing r' i Yes❑ NoM g `— County Attorney Yes❑ Not Commepts: )MB Form Revised 2/27/01 MCP 92 CONTRACT AMENDMENT PANIC AND FIRE ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA THIS AMENDMENT hereinafter "Amendment" 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 Fl., 33040 and BARNES ALARM SYSTEMS, INC. ("CONTRACTOR"), a Florida corporation, whose address is 3201 Flagler Avenue, Suite 503, Key West, FL 33040. WHEREAS, the parties hereto did on August 20, 2008, did enter in to an agreement for panic and fire alarm system annual certification, maintenance and monitoring services for Monroe County (hereinafter "Original Agreement"); and WHEREAS, under Item 2, Scope of Work, Section D, Additional Services, a provision needs to be added to include the Key West Airport security gates and possible unanticipated miscellaneous work; and WHEREAS, clarify language in Item 2, Scope of Work, Section E, Major Component Failure or System Breakdown; and WHEREAS, under Item 3, Contract Amount, building and amounts need to be added under Fire System to include the Gato elevator, Big Pine Park location and amounts, Freeman Justice Center annual inspection amount, Murray E. Nelson Government and Cultural Center locations and amounts that had not been completed at the time of contract; to delete the Ellis Building Traffic, Supervisor of Elections, Social Services, and Planning locations from Panic System inspection and monitoring; and WHEREAS, Item 4, Payments to Contractor, Section C, needs to be clarified; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, both parties desire to amend the Original Agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: Item 2, SCOPE OF WORK, Section D, ADDITIONAL SERVICES, of the Original Agreement is amended to read as follows: "Additional services include, but are not limited to, electronic door lock system installation and/or repair, horn/strobe installation and/or repair, Key West International and Marathon Airports security gates and any unanticipated miscellaneous work on the airport property, or any other work, expense or equipment necessary for safety -related issues at County facilities, and CCTV service. Also, 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." Item 2, SCOPE OF WORK, Section E, MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN, of the Original Agreement is amended to read as follows: "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." 3. Item 3, CONTRACT AMOUNT of the Original Agreement is amended to add locations and amounts to read as follows: 3. CONTRACT AMOUNT The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: FIRE SYSTEM: ANNUAL INSPECTION MONTHLY BUILDING LOCATION CONTROL PANEL MODEL # AMOUNT (including any MONITOR AMOUNT ssible overtime Key West Courthouse 500 Whitehead St., Keypossible West Simplex 4100 $ $ 25.03 Judicial Workout Room _Cformerly Juvenile Detention) 502 Whitehead St., Key West FireLite MP-24 $ 225.23 Sheriff Civil Division 500 Whitehead St.-KeySt.-lZey West Faraday Firewatch II $ 225.23 J. Lancelot Lester Building, & Records Storage 530 Whitehead St. Key West Notifier AFP-200 $ 1,801.80 $ 25.03 Freeman Justice Center 310 Fleming Street, Key West Notified AFP- $ 705.71 $ 25.03 200 - Intelligent Fire AFP-200 Detection & w/CBC Alarm System Ba shore Manor 5200 College Road, Stock Island Notifier System 500 $ 450.45 $ 25.03 Monroe County Fire Station Stock Island Firelite MS-5024 $ 225.23 #8 , May Hill Russell Library 700 Fleming St. Key West Notifier SFP 400B $ 300.30 $ 25.03 Gato Building 1100 Simonton Street, Key West Simplex 4010 $ 600.60 $ 25.03 Gato Elevator 1100 Simonton Street, Key West $ $ 25.03 Harvey Government Center 1200 Truman Avenue, Key West Simplex 4100 $ 900.90 $ 25.03 Big Pine Key Library 231 Key Deer Blvd. Big Pine Key Faraday Firewatch $ 375.38 I1+2 Big Pine Key Park 29001 Atlantic, Big Pine Key $ 600.60 $ 25.03 Marathon Government Cntr 2798 Overseas Hwy, Marathon Faraday MPC-2000 $ 900.90 Marathon Government Anx 490 63` Street, Marathon FireLite MS-4024 $ 450.45 Marathon Detention Facility 3981 Ocean Terrace, Marathon FireLite Miniscan $ 450.45 4024 Marathon Sheriffs Hangar Marathon Ai!port EST Quick Start 1 $ 450.45 Marathon Courthouse 3117 Overseas HWY, Marathon Notifier SFP 400B 1 $ 525.53 George Dolezal Library 3251 Overseas Hwy, Marathon Sim lex 2001-4431 $ 450.45 Ruth Ivins Center, Health 3333 Overseas Hwy, Marathon Edwards 1500 Series $ 450.45 Dept. Medical Examiner 56639 Overseas Hwy, Crawl Key Simplex Grinnel 4010 FACP $ 525.53 $ 25.03 Ellis Building 88800 Overseas Highway, P.K. FireLite MP-24 $ 600.60 Plantation Key Courthouse Hi h oint Road, Plantation Kg FireLite MP-24 $ 900.90 Plantation Key Detention 53 Highpoint Road, Plantation FireLite MS-9200 $ 750.75 Facility. Key Islamorada Library MM 81.5, Islamorada Fire Lite MS-4424b $ 600.60 M. E. Nelson Government 102050 Overseas Highway, Key Siemens $ 1,200.00 $ 25.03 and Cultural Center Largo Roth Building 50 Hi h oint Road, Tavernier Edwards EST-2 $ 900.90 $ 25.03 Key Largo Library 101485 Overseas Highway, FireLite MS-5024 $ 600.60 $ 25.03 Tradewinds Shopping Plaza -2- PANIC SYSTEM: ANNUAL INSPECTION MONTHLY MANUFACTURER AMOUNT (including any MONITOR BUILDING LOCATION MODEL # possible overtime AMOUNT KW Courthouse Annex 502 Whitehead St., Caretaker Plus $ 675.68 $ 25.03 Key West Judicial Workout Room 502 Whitehead St., CFI Annex system 777777777 7-- KeyWest J. Lancelot Lester Building, &Records 530 Whitehead St. CH Annex system Storage Key West I. Lancelot Lester Building - District 3 530 Whitehead St.7777 CH Annex system Commissioner Key West Old Courthouse - District 500 Whitehead St., 1 Commissioner Key West CH Annex system Old Courthouse — 500 Whitehead St., Traffic/Fines Ke West CH Annex system Freeman Justice Center 310 Fleming Street, Navarro - Ademco Vista Key West 128 FBP Panel(digital) $ 400.00 $ 25.03 Freeman Justice Center 310 Fleming Street, Honeywell 7845 GSMR Key West cellular $ 15.00 Gato Building — Social 1100 Simonton St., CADDX p Services Ke West $ 150.15 is . Gato Building —2nd floor 1100 Simonton St., INOVONICS $ 150.15 Ke West FA46D 64 1' Medical Examiner 56639 Overseas Simplex Grinnel Hwy, Crawl Key 4010 FACP $ 250.25 $ 25.03 Murray E. Nelson 102050 Overseas Building Highway, Key CADDX $ 250.25 r$2 5.03 a. Labor — Normal working hours of 8:00 a.m. to $ 75.08 per hour 5:00 p.m. Monday through Friday excluding holidays b. Labor — Overtime rate for hours not stated above, including $1 12.62 per hour holidays and for facilities that conduct critical business such as Courthouses, Tax Collector's offices, and all others identified by the Facilities Maintenance Director in the Specifications c. Manufacturers invoice cost of parts and materials Cost + 25% 4. Item 4, PAYMENTS TO CONTRACTOR, Section C of the original agreement is amended to read: "CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR and approval by the on -site COUNTY representative. 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." 5. In all other respects, the original agreement dated August 20, 2008 remains in full force and effect. -3- above. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Sylvia J. Murphy Date BA NES ALA Y EMS, INC. By _ Witness --�—�� Title Witness Date_ q95- (7 —1 O s14;, -4- FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA AGREEMENT FOR PANIC AND FIRE ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA This Agreement is made and entered into this ,5w a day of , 2008, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BARNES ALARM SYSTEMS, INC. ("CONTRACTOR"), a Florida corporation, whose address is 3201 Flagler Avenue, Suite 503, Key West, FL 33040. WHEREAS, COUNTY desires to provide panic and fire alarm system annual certification, maintenance and monitoring services for Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide panic and fire alarm system annual certification, maintenance and monitoring services for Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide panic and fire alarm system annual certification, maintenance and monitoring services for 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, the bid documents and the attached exhibits only. 2. SCOPE OF THE WORK: A. To include all Fire Alarm maintenance and repairs, testing, annual inspections, and possible expansion of the system, if required B. To include all Panic Alarm Systems maintenance and repairs, testing, and certification at a minimum of twice a year or every six months C. REPAIRS (Fire and Panic Systems): i. Repair and maintenance for alarm systems listed in Item 3, CONTRACT AMOUNT. The Contractor shall be available 24 hours per day, 365 days per year. The Contractor shall be at the site of an alarm system malfunction within two hours of verbal notification by the Owner. AGREEMENT 1 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA ii. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained alarm systems so that such emergency repair will be completed within 48 hours of notification by the Owner. The Owner shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials, plus percentage indicated in the bid form, or less percentage of list cost, (whichever the case may be) that are used in the repair of all County maintained alarm systems. Manufacturer's invoice exceeding $500.00 may be requested at the discretion of the Owner. iii. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. D. ADDITIONAL SERVICES Additional services include, but are not limited to, electronic door lock system installation and/or repair, horn/strobe installation and/or repair, or any other equipment necessary for safety -related issues, and CCTV service. Also, 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. MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN 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 a proposal/quote for replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 must be approved and signed by the Division Director and/or the County Administrator. 3. CONTRACT AMOUNT The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: ANNUAL FIRE SYSTEM: INSPECTION CONTROL AMOUNT MONTHLY BUILDING LOCATION PANEL MODEL # (including any MONITOR AMOUNT possible Key West Courthouse 500 Whitehead St., Key West simplex 4100 overtime $900.00 $25.00 Judicial Workout Room formed Juvenile Detention 502 Whitehead St., Ke West y FireLite NgP_24 $225.00 Sheriff Civil Division 500 Whitehead St. Key West Faraday Firewatch II $225.00 J. Lancelot Lester Building, & Records Storaize 530 Whitehead St. Key West Notifxer AFP_200 $1,800.00 $25.00 AGREEMENT 2 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA FIRE SYSTEM: BUILDING LOCATION Freeman Justice Center 310 Fleming Street, Key West Ba shore Manor 5200 Colle a Road, Stock Island Monroe County Fire Station #8 1 Stock Island May Hill Russell Library 700 Fleming St, Key West Gato Building 1100 Simonton Street, Key West -Harvey Government Center 1200 Truman Avenue, Key West Big Pine Key Library 231 Key Deer Blvd, Big Pine Key Marathon Government Center 2798 Overseas Hwy, Marathon Marathon Government Annex 490 63 Street, Marathon Marathon Detention Facility 3981 Ocean 'Terrace, Marathon Marathon Sheriff s Hangar Marathon Airport Marathon Courthouse 3117 Overseas Hwy, Marathon George Dolezal Library 3251 Overseas Hwy, Marathon Ruth Ivins Center, Health Dept. 3333 Overseas Hwy, Marathon Medical Examiner 56639 Overseas Hwy, Crawl Key Ellis Building 88800 Overseas Highway, P.K. Plantation Key Courthouse Highpoint Road, Plantation Key Plantation Key Detention Faci. 53 Highpoint Road, Plantation Key Islamorada Library MM 81.5, Islamorada Roth Building 50 Highpoint Road, Tavernier Key Largo Library 101485 Over Highway, Tradewinds Sho in Plaza ANNUAL INSPECTION MONTHLY CONTROL AMOUNT MONITOR PANEL MODEL # (including any AMOUNT possible Notified AFP- 1 $ 200 — Intelligent AFP-200 Fire Detection & w/CBC Alarm System Notifier System 500 $450.00 Firelite I MS-5024 $225.00 Notifier SFP 400B $300.00 Simplex 4010 $600.00 Simplex 4100 $900,00 Faraday Firewatch $375.00 Faraday MPC-2000 $900.00 FireLite MS-4024 $450.06 FireLite Miniscan $450.00 4024 EST Quick Start $450.00 Notifier SFP 400B $525.00 Simplex 2001-4431 $450.00 Edwards 1500 Series $450.00 iplex Grinnel 4010 FACP $525.00 FireLite MP-24 $600.00 FireLite MP-24 $900.00 FireLite 9S-9200 $750.00 Fire Lite MS-4424b $600.00 Edwards EST-2 $900.00 FireLite MS-5024 $600.00 S25.00 $25.00 $25.00 $25.00 $25.00 ANNUAL PANIC SYSTEM: _. INSPECTION MANUFACTURER AMOUNT MONTHLY MONITOR BUILDING LOCATION MODEL # (including any AMOUNT possible KW Courthouse Annex 502 Whitehead St., Key West Caretaker Plus overtime $675.00 $25.00 Judicial Workout Room 502 Whitehead St., Key West CH Annex system J. Lancelot Lester Building, & Records Storage 530 Whitehead St. Key West CH Annex system J. Lancelot Lester Building - District 3 Commissioner 530 Whitehead St. Key West CH Annex system Old Courthouse - District 1 Commissioner 500 Whitehead St., Key West Y CH Annex system y Old Courthouse — Traffic/Fines 500 Whitehead St., Ke West CH Annex system Freeman Justice Center 310 Fleming Street, Key West to be determined Gato Building — Social Services 1100 Simonton St., Key West CADDX $150.00 Gato Building — 2nd floor 1100 Simonton St., Key West INOVONIC S $150.00 FA46D 64 Medical Examiner 56639 Overseas Hwy, Crawl Simplex Grinnel Ke 4010 FACP $250.00 $25.00 AGREEMENT 3 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA Ellis Building Supervisor of 88820 Overseas Hwy, Tavernier CADDX Elections NX-6 $250.00 $25.00 Ellis Building Traffic 88820 Overseas Hwy, Tavernier CADDX NX 6 $250.00 $25.00 Ellis Building Social Services 88820 Overseas Hwy, Tavernier CADDX NX 6 $250.00 $25.00 Ellis Buildin Planning 88800 Overseas Hwy, Tavernier CADDX NX 6E $250.00 $25.00 a. Labor — Normal working hours of 8:00 a.m. to $ 75.00 per hour 5:00 p.m. Monday through Friday excluding holidays b. Labor — Overtime rate for hours not stated above, including $112.50 per hour holidays and for facilities that conduct critical business such as Courthouses, Tax Collector's offices, and all others identified by the Facilities Maintenance Director in the Specifications c. Manufacturers invoice cost of parts and materials Cost + 25% Note: There are no additional costs for travel, mileage, meals, or 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 Prompt 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. 5. TERM OF AGREEMENT This Agreement shall commence on September 1, 2008, and ends upon August 31, 2011, 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 three (3) years. 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 AGREEMENT 4 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 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. S. HOLD HARMLESS AND INSURANCE 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 CONTRACTOR occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR, 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 5 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING 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 LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employer's Liability coverage in the amount of $100, 000.00 bodily injury by accident, $500, 000.00 bodily injury by disease, policy limits, and $100, 000. 00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle Iiability insurance, including applicable no-fault coverage, with limits of liability of not less than $300, 000. 00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $50, 000.00 per person, $100, 000.00 per occurrence, and $25, 000.00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300_ 0� 00.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 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 ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 9. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, 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. AGREEMENT 6 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement 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 CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe COUNTY. 11. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR 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 paragraph 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. AGREEMENT 7 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS 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 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 CONFLICT OF INTEREST 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. 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. 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 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. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fu1fiIl the terms of this contract. AGREEMENT 8 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 16. 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: FOR CONT nSye Monroe County Barnes Al Facilities Maintenance Department ATTN:t�-. 3583 South Roosevelt Boulevard 3201 Flagler , Suite 503 Key West, FL. 33040 Key West, FL 333040 and Monroe County Attorney Post Office Box 1026 Key Wes, FL 33041-1026 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 or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. 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 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. AGREEMENT 9 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 20. MEDIATION 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. 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. 21. 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. 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 DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. 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 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 formation, execution, performance, or breach of this Agreement, AGREEMENT 10 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 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. 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. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES 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. AGREEMENT 11 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 30. 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. 31. 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. 32. 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. 33. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be 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 Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the AUKEEMENT 12 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 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." 36. 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 37. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 38. 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. this Attu:. Date: IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed zit on the day and date first written above in four (4) counterparts, each of ;a:jthout proof or accounting for the other counterparts, be deemed an ►��' T.'`' OLHAG] iuty derk AUG 2 0 2008 BOARD OF COUNTY COMMISSIONERS CLERK OF MONROE COUNTY, FLOIDA ?.� By: Mayor Mario DiGennaro FOR CONTRACTOR: ,P b Date Signatur 1 r Date a P%j a Date: AUG 2 0 2008 Co SipaturqkLplison authcoled. #o legally bind C�jOr�poration Date: W r k, P C, V tdi 0E-Vs Print Name Address:3201 Flagler Avenue, #503 Key West, Florida 33040 Telephone Number: (3 05)294-675 3 MOSjE COUNTYATLTOE�" / OV& AST_M: AGREEMENT 93 NAY MAY 2008 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Facilities Maintenance Staff Contact Person/Phone #:John W. Kin 292-4531 AGENDA ITEM WORDING: Approval to award bid and execute an agreement with Lawrence Fence Corporation for fencing at the African Cemetery Memorial Project in Key West. ITEM BACKGROUND: At the July 11, 2007 DAC 1 meeting, the County's Facilities Maintenance Department filed an application for a bricks and mortar capital projects grant. The purpose of the grant was to construct a memorial on the site of the African Cemetery on Higgs Beach which contains the remains of African slaves, freed at sea by the U.S. Coast Guard, who perished here while awaiting transport back to Africa. The concept and design presented to DAC 1 at the July 11, 2007 meeting was rendered by the African Cemetery Memorial Committee headed by Ms. Norma Jean Sawyer. DAC 1 approved an overall budget of $118, 500 for the project with $15,000 of that for Artist Fees and $10,000 for Project Coordination, Research and Expenses. The concept includes specific artist's renderings and designs, including ornate fencing, concrete engravings, memorial plaques and artistic renderings depicting the journey form Africa to the United States. Since the actual work itself involves engraving of concrete, casting of plaques, etc., the County found it necessary to issue an RFP for the actual concrete scoring and coloring work and ornamental fencing at the project site. The concrete scoring is being now being completed. The bid for ornamental fence was opened on April 9, 2009 with All Keys Welding, Inc. being the sole respondent proposing $121,500.00. This amount was over budget. The fencing design was re -worked and re -bid on January 14, 2010. Four proposals were received with only one being within the budget. PREVIOUS RELEVANT BOCC ACTION: On March 19, 2008, the BOCC approved entering into an agreement with Professor Dinizula Gene Tinnie to assist the County with preparation of project specifications and preparation of the RFP as well as work sequencing for this project. On July 15, 2009 the BOCC approved award of bid and entering into a contract with Carlos Delgado, dba Dega Art Surfaces, LLC. On September 16, 2009, the BOCC approved rejecting the one proposal received for the fencing due to being over budget, and re - advertising the project. CONTRACT/AGREEMENT CHANGES: New Agreement to be effective upon approval for a 90 day period. STAFF RECOMMENDATIONS: Approval TOTAL COST: $25,990.00 INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year $ _ APPROVED BY: County Atty Olqurchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 M E M O R A N D U M DATE: May 12, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — June 16, 2010 BOCC Meeting Approval to award bid and execute Agreement with Lawrence Fence Corporation for fencing at the African Cemetery Memorial Project, Higgs Beach, Key West. At the July 11, 2007 DAC 1 meeting, the County's Facilities Maintenance Department filed an application for a bricks and mortar capital projects grant. The purpose of the grant was to construct a memorial on the site of the African Cemetery on Higgs Beach which contains the remains of African slaves, freed at sea by the U.S. Coast Guard, who perished here while awaiting transport back to Africa. The concept and design presented to DAC 1 at the July 11, 2007 meeting was rendered by the African Cemetery Memorial Committee headed by Ms. Norma Jean Sawyer. DAC 1 approved an overall budget of $118, 500 for the project with $15,000 of that for Artist Fees and $10,000 for Project Coordination, Research and Expenses. This concept includes specific artist's renderings and designs, including ornate fencing, concrete engravings, memorial plaques and artistic renderings depicting the journey from Africa to the United States, among others. Since the actual work itself, engraving of concrete, casting of plaques, etc., the County found it necessary to issue an RFP for the actual concrete scoring and coloring work at the memorial site. On March 19, 2008, the BOCC approved entering into an agreement with Professor Dinizula Gene Tinnie to assist the County with preparation of project specifications and RFP preparation, as well as work sequencing for this project. Bids for ornamental fencing were first requested to be opened on April 9, 2009. A sole response of $121,500 was received but was over the amount allocated for the total project. The fencing re -bid was approved by the BOCC and set for January 14, 2010. Four proposers responded: (1) Lawrence Fence Corporation in the amount of $25,990; (2) US Fence & Gate, Inc. in the amount of $48,737 and without wave panel $46,937; (3) Judson Construction Group, LLC in the amount of $54,420 and without wave panel $49,420; and (4) All Keys Welding, Inc. in an amount of $66,327.50 and without wave panel $58,541.50. Lawrence Fence Corporation was the sole bidder under the available project balance of $40,000. I hereby recommend approval to award bid and execute an agreement with Lawrence Fence Corporation for fencing at the African Cemetery Memorial Project in Key West. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Lawrence Fence Contract # Corporation Effective Date: May 25, 2010 Expiration Date: 90 days Contract Purpose/Description: African Cemetery Memorial at Higgs Beach — fencing Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 06/16/10 A enda Deadline: 06/01/10 CONTRACT COSTS Total Dollar Value of Contract: $ 25,990.00 Current Year Portion: $ 25,990.00 Budgeted? Yes® No ❑ Account Codes: 117-77040-TM87615Z-530340 Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW Changes 4aten Needed RevDivision Director Yes[:] No❑ Risk Manag ent �� Yes❑ No O.M.B./Purr asA Yes❑ No County Attorney Yes❑ NoID Comments: OMB Form Revised 2/27/01 MCP 42 Date Out 6410 AGREEMENT FOR IRON FENCING AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY FLORIDA This Agreement is made and entered into this day of , 2010, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and LAWRENCE FENCE CORPORATION (CONTRACTOR"), a Florida corporation, whose address is 211 Commerce Way, Jupiter, Florida 33458. WHEREAS, COUNTY desires to provide iron fencing for the African Cemetery Memorial Project, Key West, Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide iron fencing for the African Cemetery Memorial Project, Key West, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide iron fencing for the African Cemetery Memorial Project, Key West, 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, all change orders; the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and incidentals, and perform all the work necessary in accordance with the specifications entitled: IRON FENCING AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA Project is located on Casa Marina Court, Key West, Florida 33040. The work includes fabrication and installation of iron fencing suitably finished, delivered, and installed as contained and described within Exhibit A attached hereto. The process described herein is to be coordinated with John W. King, Senior Director, Lower Keys Operations. The Contractor shall be responsible to obtain any necessary permits during the term of this contract. The CONTRACTOR shall provide to COUNTY prior to commencement a time schedule for completion of the fabrication and installation of this iron fencing. AGREEMENT —-- — ------------ ---- — - �� January 2010- - 3. CONTRACT AMOUNT The County shall pay TWENTY-FIVE THOUSAND NINE HUNDRED NINETY and no/100 DOLLARS ($25,990.00) to the Contractor for the faithful performance of the Contract, in lawful money of the United States at completion of the fencing installation. 4. PAYMENT TO CONTRACTOR A. When fabrication is completed and ready for installation, the contractor shall notify the County in writing as to the date of installation. Upon completion of the fence installation, the Contractor shall notify the County in writing so that a final inspection can be made. One lump sum payment at project completion is contingent upon work being completed in full accordance with this contract. B. Acceptance of payment by the Contractor shall constitute a waiver of all claims against the County by the Contractor. C. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. D. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. E. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion. 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. 5. TERM OF AGREEMENT This Agreement shall commence on Mar -eh 1, MO, or sooner pending execution of the agreement, and end ninety (90) days from date of commencement, or no later than aJ� 2010, unless terminated earlier under paragraph 19 of this Agreement. 6. 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. 7. 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. from the date the monies were paid to CONTRACTOR. AGREEMENT 2 January 2010 8. 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. 9. HOLD HARMLESS AND INSURANCE 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 CONTRACTOR occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR, 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. 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 LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employer's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $50,000.00 per person, $100.000.00 per occurrence, and $25,000.00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 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. ---------- --- AGREEMENT --------------------- 3 - — - ----- ---- -- —_ January 2010 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, 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. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement 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 CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe COUNTY. 12. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of�age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse! and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC 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 tirne, 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. 13. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others. except in writin,-- and will the prior written approval of the Board of County Commissioners AGREEMENT ----- -------- ---- 4 -- -- —_--- --- _January 2010 -- 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 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. 14. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS 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 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. 15. DISCLOSURE AND CONFLICT OF INTEREST 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 inany 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 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. 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 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 tha t, in respect to itself, it has neither employed;; nor retained any company or person, other than a bona fide employee working solely for i't, 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. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, ebt. obligation, judgment, lien, or any fbrm of' indebted►iess. -- ------------ -------- AGREEMENT 5 January 2010� CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. 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 Maintenance Department 1100 Simonton Street, #2-284 Key West, FL. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 18. TAXES FOR CONTRACTOR: LAWRENCE FENCE CORP. 211 Commerce Way, 44-8 Jupiter, FL 33458 561-747-4228 Fax: 561-747-4416 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, no 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. 19. TERMINATION A. The COUNTY or CONTRACTOR may terminate this Agreement for cause ,with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. 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 with neither party having any further obligation under the term s of the contract upon termination. I C. If the CONTRACTOR is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or !'if he persistently or repeated refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined asl any scheduled activity that falls seven (7) days or more behind schedule) or if he fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violations of a provision of the Agreement, then the COUNTY may, without prejudice to any right or remedy and after giving the CONTRACTOR and his surety, if any, seven (7) days written notice, during which period CONTRACOTR fails to commence correction of the violation, terminate the employment of the CONTRACTOR and j take possession of the site and of' all materials_ equipment, tools, construction equipment and machinery thereon owneq by the CONTRACTOR. and may finish the Project by whatever AGREEMENTAT 6 January 2010 method the COUNTY may deem expedient. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 2. Reasonable terminal expenses incurred by the COUNTY may be deducted from any payments left owing the CONTRACTOR. 20. 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. 21. MEDIATION 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 subm'tted to mediation prior to the institution of any other administrative or legal proceeding.! 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. 22. 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. i 23. ATTORNEY'S FEES AND COSTS j 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 attorneys 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. 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 COUNTY 'and CONTRACTOR. 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 AGREEMENT 7 �__— --- -- -- January 2010- -- County Commissioners. If the issue or issues are still not resolved to the satisfactioh 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. 25. 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 o(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. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and Inure tp the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 27. 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. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered ta' 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 approvdd by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordi�ancesj and rules and pensions and relief, disability, workers' compensation, and other be wh►ch 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 I 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. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES 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 January 2010 I constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreei'nent 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. 32. 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 work place Statement. 33. 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 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shaU;l be regarded as an original, all of which taken together shall constitute one and! the same instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 35. 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. 36. 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 Manager,-, 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 AGREEMENT -----"---- 9 - — - - - January 2010y 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 37. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore,'' this agreement is not to be construed against either party on the basis of authorship 38. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 39. 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 alre y incurred by the terniination date —I Lai IN WITNESS WHEREOF, COUNTY and CONTRACTOR h&eto 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 Deputy Clerk Date: WI ASSES FOR CONTRACTOR: Signature - 2- ;Dateture '?.Z&V,10 Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA 1 Mayor Sylvia J. Murphy Date: LAWRENC FENCE CORPORATION By:��I�� Sg4-16re of a horized to legally bin ra tor Date: i� Print Name Ar' . _ LAWRENCEEvV y # CORP Te 211 commerce Jupiter, FL 33458 — 561-747-4228 Fax: 561-747-4416 AGREEMENT -- January 2010 COMPOSITE EXHIBIT "A" 1 of 9 KEY WEST AFRICAN CEMETERY MEMORIAL PROJECT Key West, Monroe County, Florida Ornamental Metal Fence Component SPECIFICATIONS FOR CUSTOM -DESIGNED IRON FENCING Revised, November, 2009 DIMENSIONS: • Overall Height of Fence: 48" (above existing concrete slab, including post caps) • Net Height of Fence Panels between posts: 43" (including I" pyramids along cap tail, and allowing for 6" between concrete slab and bottom rail of fence panel. • Total Perimeter of Fenced Area: 111 feet (25' x 6 F Plaza, fenced on three sides; fencing to be free-standing, installed between 16" x 16" cast concrete columns, but not attached to them.) • Net Running Feet of Fencing: 87'9", between columns, inclusive of 2" x 2" solid posts (30 each) as follows: i Three (3) sections 10'3", 4 posts each; Two (2) sections each 12' 10" 4 posts each; Two (2) sections each 13'8" 4 posts each; One (1) section 4'0" (2 posts). NOTE: Solid 2" x 2" posts (30 each) are set into existing concrete slab, to maximum depth of 6", 4" from edge of slab, spaced I" from concrete columns.) * DESCRIPTION (see following illustrations): • The fence panels consist of standard heavy-duty %" x %" solid square pickets, with the exception of the two central panels, where the pickets are cut and welded to the circle quadrant features, which are of heavier stock (see illustration.) The posts are 2" x 2", and topped by cast iron ball post caps; • The curved arcs and sun ray components are overlaid on both sides of the panels, respectively (arcs on front side, rays on back). These components are of %" flat stock, the same thickness as the pickets; • The lower part of each fence panel includes a solid area r,jth a cut-out "wave " design, 6" h"igh, ''14" thickness. This design is to be curt by laser or water -jet. • The cap rail is surmounted by 295 solid pyramids, 1" x 1" x 1", spaced at approximate 3" intervals (see diagram). � Cost Estimates are requested for the following items, as per these Specifications: ■ Fabrication of all fence components ■ All permitting and related fees and costs, if necessary ■ Delivery to site ■ Installation (onto existing concrete slab): Fence is to be freestanding between the concrete columns, rather than attached to them. Outer posts of each section are to be placed 1'/" from the concrete columns, 4" from the edge of the concrete slab. Installation requires core drilling into existing concrete slab to industrial standard depth for insertion of 2" x 2" square posts. NOTE: This installation is at a beachfront location, with direct exposure to salt air, sun (UV radiation), windblown sand, etc., and is in the direct path of occasional hurricanes and storm surges, in addition, it is reported that rowdiness, vandalism and willful destruction (to harvest metal for its scrap value) have been factors in similar fence installations at other 10CMionS (including a cemetery) in Key, West. (We anticipate that the dignity oftl monument will vwork against this, but this is not absolutely assured.) Due consideration of these fact ) must he included in selection of materials, construction methods, etc. COMPOSITE EXHIBIT "A" 2 of 9 A tt N N � N � h E O u `L V C � F U U ^ C •> C y o �• c61, O � w j W c- -! li � •v � iv � on � -� v �� n Q C tO .., L M y .n S r i W W W W M O n. W0 W C"+ o as = eu ,� 6. :c v_v Win.? 4z�> `o V cLU Q �J cii •� N � h l 1 ix O c F I W Q E" W C C L W J zz cn a C C N F i L COMPOSITE EXHIBIT "A" 3of9 KEY WEST AFRICAN CEMETERY MEMORIAL ORNAMENTA] FENCING Typical Panel (Section View of overlaid and welde fence components) Dini-ulrr Gene Thmie Novemhel: 2009 2" x 2" x, 3 %" cast iron ball post cap FIX l" x 1" solid pyramid .t COMPOSITE EXHIBIT "A" 4of9 M x x x x ADNAA '40 Aa1S c L b CU O' v N c c 3 -a o o -o � � x_ O 3 w v b v vyi � i cs o N L� N c s L N v v LU •;� v 3 � a"�.+ O cn L v 7D f n 5 p ; V C1 O f1. cn cl�• tI) � �. vy a c� ^ oU 1 �v,, cv r :J v ^ y COMPOSITE EXHIBIT "A" 5of9 -_ ro'7" 10'S o a C 00 00 N d C ol Q tCj CV' C:j U 7 Q c c, c c c c v CS 4, v � ° � •.=. 00 00 b � c +c U csCl en ft EA a� U C _1 N I CJ y r !J � ^J COMPOSITE EXHIBIT "A" 6 of 9 -------- G-------- 0, f OF J Total: 32 rram.� sf S� rr �J c f'a ji 7P A o,y f o F" o -------- ------------- H `'s 741 p J To Total: 32 rr 11 s� ;+ V r- ,3s/ ---------t -------�------- In G W x � p � fi; w � r y F y fi; Or x fi z o .. z fi p �. •s yl v\ O zv�;��� 4 F y °�� y- eIt '` z y 0 �; - c Zi V � G i .� = �� o W s G a�GSz w IZ, �T O � r J v COMPOSITE EXHIBIT "A" 7 of 9 N 00 00 b�A � on V r- cz t 4- Fo 03 E-� COMPOSITE EXHIBIT "A" 8of9 �IN V) N 00 M i R v L COMPOSITE EXHIBIT ''A" 9 of 9 qj blo t 0 P.4 cl) OU O CONTRACT CLAUSE SUPPLEMENTAL TERMS IRON FENCING, AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA _"County is in agreement that all references in the Contract Documents to "iron" are rei written to "steel". "On Eomposite Exhibit A, page 2 of 9, "Overall Finish: Sandblasted, zinc -rich primer" �s re -written to read "Overall Finish: "Solid steel to be fabricated, hot -dipped galvanized" (then powder coated) _"Owner is to provide detailed measurements of all fence components to Contractor to!facilitate layout/fabrication of fence." _"The Warranty Period for this Project is One Year." _ "This Work's duration to be approximately 90 working days. Contractor is not liable fog¢ any Liquidated Damages if this time frame is met. Contractor to coordinate this Work's schedule with ounty" N/A "County shall not backcharge Contractor unless County has given Contractor 48 hour tten notice of backcharge within five days of said occurrence and Contractor has failed to respond." N/A "Contractor is responsible for Sunshine Locates and It's member utilities. County to I coordinate/have located other Contractor's work and private owned utilities installed', , underground prior to fence installation. This Contractor not responsible for damage resulting from mis- information provided." _"Permit and associated fees are additional, if required" "Bond Does not apply" "Contractor's Jobsite personnel are not authorized to act on behalf of Contractor with respect to Changes, Scheduling or Notices. Project Manager Frank Palopoli is to be readily available" "Contractor is to adhere strictly to plans/specs (or shop drawings) but does not assurie r sponsibility that same meets code. Contractor is to notify County of any deviations he is aware of "Time for curative periods (minimum 48 hours) on written notices shall accumulate �o day thru Friday, excluding Holidays. Hours for length of written notice begin upon confirmed receipt." N/A "County agrees not to require mobilizations for less than the entire project." "Contractor will not be required to participate in "composite clean up crews" and will n t be charged for same. Contractor will only clean up those materials associated with their scope of w rk and those they generate." I N/A "If County requests Contractor to mobilize and upon Contractor's arrival, agreed to area for the work is not properly prepared, County shall pay Contractor for the expenses." "The Venue for any involved legal actions that may arise, inclusive of mediation, shall e the County in which the project is located." "The Terms contained herein supercede Terms contained in the Contract of like subject {matter." (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FL By: Deputy Clerk Date: WITNESS FOR CONTRACTOR: Signature Date Signature Date Mayor Sylvia J. Murphy Date: LAWRE E FENCE CORPORATION oria Lawrence, President `Date 211 Commerce 561-747-4228 Way, Jupiter, FL 33458 - �12- �// J MONROE COUNTY IRON FENCING AFRICAN CEMETERY MEMORIAL FENCE Date: 01/01/10 REGARDING BID #'S A facsimile from Frank Palopoli LAWRENCE FENCE CORPORATION 211 COMMERCE WAY JUPITER ,FLORIDA 33458 PH# 561-747-4228 FX# 561-747-4416 EMAIL- fpalopoli_lawrence@bellsouth.net Regarding: HERE ARE THE NUMBERS ON THE PROJECT LISTED ABOVE.IF FOR ANY REASON, YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE GIVE US A CALL OR EMAIL US ..... GOOD LUCK BIDDING...... Thank you, Frank Palopoli Lawrence Fence Comments: LAWRENCE FENCE CORP. 211 COMMERCE WAY JUPITER, FLORIDA, 33458 561-747-4228 fx747-4416 email- fpalopoli_Lawrence@bellsouth.net PROPOSAL/BID 01/14/10 IRON FENCING AFRICAN CEMETERY MEMORIAL MONROE COUNTY, FL. LAWRENCE FENCE CORPORATION AGREES TO: Provide all the materials and labor to complete the proposed project as stated below; 1) INSTALLATION OF 41HIGH ORNAMENTAL FENCE 88'OF 4'HIGH POWDER COATED ORNAMENTAL IRON FENCE.FENCE TO BE CORE DRILLED INTO EXISTING CONCRETE SLAB.FENCE INSTALLED AS PER PLAN SPEC' S. @ $ 249.00 PER LINEAL FT. OR $ 21,912.00 TOTAL 2) ADDITION OF HOT DIPPED GALVANIZING BEFORE POWDER COATING; @ $ 46.34 PER LINEAL FT. OR $ 4078.00 TOTAL TOTAL PROJECT PRICE -A $ 25,990.00 Thank you, Frank Palopoli IRON FENCING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA SECTION THREE BID DOCUMENTS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 333/3040 BID FROM: �AGI//1�%%LG� f'Q�C� L'Q.L�• ��irzz' . �3 d The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of: IRON FENCING AFRICAN CEMETERY MEMORIAL PROJECT, KEY WEST, MONROE COUNTY, FLORIDA and having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman- like manner, in conformance with specifications, and other contract documents including addenda issued thereto. TOTAL BID LAMOUNT $99D. ego Jlil/2ATS �/�LsQGfS.Oit/O� /V/Ne TOTAL BID AMOUNT WRITTEN OUT ADD ALTERNATE: WITHOUT WAVE PANEL as described on page I and illustrated on page 6 of Composite Exhibit A TOTAL BID AMOUNT $ / //, TOTAL BID AMOUNT WRITTEN OUT ESTIMATED TIME SCHEDULE: (� 1�L.S Zl'j'0A' ' bDc6 There are no additional costs for travel, mileage, meals, or lodging. BID DOCUMENTS 3-1 DECEMBER 2009 '0L_f IRON FENCING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA I acknowledge receipt of Addenda No.(s) I have included the Bid which includes: 1. Bid Form 2. Non -Collusion Affidavit 3. Lobbying and Conflict of Interest Clause Form 4. Drug Free Workplace Form In addition, I have included: 5. Current copy of Contractor's License 6. Copy of Current Monroe County Business Tax Receipt 7. Insurance Agents Statement 8. Bidder's\Respondent's Insurance & Indemnification Statement_ 9. Local Preference Form 10. All requirements as stated in the Instruction to Bidders, Paragraph 4. (Check mark items above as a reminder that they are included.) 0 Mailing Address: 211 e614A449 6e, W4S ',/-.v Telephone: ZI_ V442- 1/: ' �Oiic�C �L. 33� 8 Fax: l- Date: Signed: Witness: � (Seal) Print Name Title ' /!L% PG7 BID DOCUMENTS 3-2 DECEMBER 2009 IRON FENCING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT /��I, ' /''"AJIL _�OZO/'a /4 of the city of Y ! a DLA'1 .UQD�� according to law on may oath, and under penalty of perjury, depose and say that: 1. I am 'iz,o� ;2'0zJ/CJz_1 L Aa;'ecr Aok) of the firm of ZZA1 Z4'(G �*4z . &/_ O the bidder making the Proposal for the project described in the Notice for Calling for b' s for: ' OBI of 1401, �,licTcc.T and that I executed the said proposal with full authority t 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; 4. 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; 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. o'I/z/cl) (Signature -of Bidder) (Date) STATE OF: COUNTY OF: / ! �� :�.Ol.✓��i C�li� PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name f individual signing) affixed his/her si nature in the space provided above on this day of �i y,u %20_/C. NOTARYIPUBLIV My Commission Expires: / 6- � •�oRr'po Lu-Ellen Esposito C MIS&ONIDD930769 6*' EXPIRES, OCT 06, 2013 1Z wiYw AARONNOTARY.can BID DOCUMENTS 3-3 DECEMBER 2009 IRON FENCING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS/CLAUSES d "d 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. C:::�Z , ePl—' �� (signature) Date: STATE OF /L4nlela � COUNTY OF ,/" Zl,") YetlJL—/ 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 day of My commission expires: OMB - MCP FORM #4 NQTARY PUBLIC i s.rP� , Lu Ellen Espasfto EXP;RES: OCT 06, 2013 v1 wyN AARON N OTARycan BID DOCUMENTS 3-4 DECEMBER 2009 IRON FENCING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: LAVZXe4ie (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I ). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (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. Bidder's Signature Date OMB - MCP#5 BID DOCUMENTS 3-5 DECEMBER 2009 IRON FENCING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Worker's Compensation Employers' Liability Insurance General Liability, including • Premises Operation • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage Vehicle Liability (Owned, non -owned and hired vehicles) Required Limits Statutory Limits $100,000 Accident $500,000 Disease, policy limits $100,000 Disease each employee $300,000 Combined Single Limit or $100,000 per person $300,000 per occurrence $50,000 Property Damage $100,000/ Combined Single Limit or $50,000 per person $100,000 per occurrence $25,000 Property Damage INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR The Contractor 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 Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the 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 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 Contract. BIDDER'S /RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder/Respondent �.DG✓fC�Le, %�L� l Signature BID DOCUMENTS 3-6 DECEMBER 2009 MONROE COUNTY ***LIVE*** Page 1 of 1 CONTRACTOR LICENSE RECEIPT LICENSE APPL ID: 11149 CONTRACTOR ID: 11149 LICENSE TYPE: SP8 - FENCE ERECTOR CONTRACTOR REMARKS: APPLICANT RECIPROCATED FROM BROWARD COUNTY. -------APPLICANT INFORMATION---------- COMPANYNAME: LAWRENCE FENCE CORP APPLICANT NAME: LAWRENCE, GLORIA J. ADDRESS: 429 SW ASHBY LANE CITY,ST ZIPCODE: PALM CITY, FL 34990-1760 CONTACT PHONE: (772) 260-2212 SOC SEC NUM: 265-25-0400 DATE OF BIRTH: 01/16/1956 CURB ISS DATE: 03/09/10 EXPIR DATE: 10/31/11 RECEIPT # ! 134242 RECEIPT DATE : 03/11/2010 RECEIVED BY mayano REC'D. FROM LAsIRENCE FENC CORP UDF 106.1 UDF 106.2 PRINT DATE 03/11/2010 PRINT TIME : 11:18:47 OPERATOR mayano COPY # 1 CASH DRAWER: 2 NOTES : NEW FENCE ERECTION LIC#SP 4003 FOR OCT 2009 - OCT 2011 PAYMENTS FEE ID FEE AMT PREV BAL THIS RECPT CORR SAL COC150 1 150.00 150.00 150.00 0.00 METHOD OF PAYMENT ----------------- CHECK TOTAL RECEIPT : AMOUNT ------------ 150.00 150.00 NUMBER ------------------ 52378 SUNTRUST BNK MONROE COUNTY 34242 CC: SP8 RECEIPT NO-1FEE DUE 150.00 ISSUE DATE: 03/11/2010 FEE PAID 150'00 COUNTY LIC# SP 4003 THIS CERTIFIES THAT LAWRENCE, GLORIA J. QUALIFIES AS A. FENCE ERECTOR CONTRACTOR IN GOOD STANDING AND THIS CERTIFICATE OF COMPETENCY IS VALID AND IN FORCE UNTIL 10/31/11 LAWRENCE, GLORIA J. LAWRENCE FENCE CORP 429 SW ASHBY LANE PALM CITY FL, 34990-1760 CERTIFICATE OF COMPS-TENCY MONROE COUNTY THIS IS TO CERTIFY THAT LAWRENCE, GL,ORIA J. QUALIFIES AS A FENCE ERECTOR CONTRACTOR THIS CERT FICA EEXPIRES ON l UNLESS REVOKED W ACCORDING *T!!I!iG OFFICIAL CITY OF KEY WEST CERTIFIC,4TE OF COMPETENCY 3d A A THIS IS TO CERTIFY That r,1 nr j a T asrrr�nce is duly registered as a F-ncina Contractor in conformity with the regulations of the City of Key West DATE ISSUED EXPIRATION DATE �a By "CHIEF$UfLDI1d PiCT Lam- CITY OF KEY WEST, FLORIDA Business 'fax Receipt This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key West, Florida 33040 (305) 809-3955 Business Name LAWRENCE FENCE CORP Location Addr 211 COMMERCE WAY 4-8 Ct1Nbr:0019920 Lic NBR/Class 10-00024512 CONTRACTOR - SPEC FENCING Issue Date: March 10, 2010 Expiration Date:September 30, 2010 License Fee $57.61 Add. Charges $0.00 Penalty $0.00 Total $57.61 Comments: This document must be prominently diplaged LAWRENCE FENCE CORP LAWRENCE FEI�CE'CURe - 211 COMMERCE WAY 4-8 JUPITER FL 33458 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person John W. Kink -4431 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Jayne's Cleaning Service, Inc. for the janitorial services at the May Hill Russell Library, Key West, Florida and the Department of Juvenile Justice Building — second floor. ITEM BACKGROUND: On June 30, 2010, the current contract with Diversified Services of Key West, Inc. terminates with no renewals. Janitorial services were put out to bid on May 5, 2010 and four bidders responded: (1) Jayne's Cleaning Service, Inc. proposed $1,400 per month for the May Hill Russell Library and $2,100 per month for the Department of Justice Building — second floor; (2) Next ERA proposed $ $1,415 for the May Hill Library and $$2,505 for the Department of Juvenile Justice — second floor; (3) Diversified Services of Key West, Inc. proposed $1,763 per month for the May Hill Russell Library and $2,958 per month for the Department of Justice Building — second floor; and (4) Eulen America/ASMO LLC proposed $1,547.99 per month for the May Hill Russell Library and $3,093.48 for the Department of Juvenile Justice Building — second floor. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $42,000/annual INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included DISPOSITION: Revised 2/05 Not Required AGENDA ITEM # M E M O R A N D U M DATE: May 11, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — June 16, 2010 BOCC Meeting Approval to Award and Execute Agreement — Janitorial Services for May Hill Russell Library and Department of Juvenile Justice Building — second floor to Jayne's Cleaning Service, Inc. On June 30, 2010, the current contract with Diversified Services of Key West, Inc. terminates with no renewals. Janitorial services were put out to bid on May 5, 2010 with four bidders responding as follows: Propose May Hill Russell Library (Per Month) Jayne's Cleaning Service, Inc. $1,400.00 Next ERA $1,415.00 Eulen America/ASMO LLC $1,547.99 Diversified Services of Key West, Inc. $1,763.00 Dept. Juvenile Justice -2nd Floor Jayne's Cleaning Service, Inc. is the lowest proposal and within budget. (Per Month) $2,100.00 $2,505.00 $3,093.48 $2,958.00 I hereby recommend approval to award bid and execute a contract with Jayne's Cleaning Services, Inc. for the janitorial services at the May Hill Russell Library, Key West, Florida and the Department of Juvenile Justice Building — second floor. JWK/jbw Enclosures U. O 01 s } H c Z c W c Q s � W -C � } > v .0 L 0 s C Z ° E ° E 0 Q `r Z , :. o � CO CO M s + Z a oC Q ,., o N rn N o H Q 0 N M L d a w ce O F.. W~WQ JZ u' cooLi � Q L LL 0LL VAC � c c c � } 0�� Z � UU' ZN Z Z O 0m cC m = E E E c-° Q Z�H J JW O U = o [v o m LA5 ,-� r� d- o c} _ Q N d. ,-i N d ,-� Ln .-� LPL = O v v z°CQui Z °° a a Fa�Q ce mm z z z z a W G O pC y M >. •� o > U. Q s = } •N L. W C. U) W LL U u o V) m O UCL ' L � N U > Q U ° > O z N d J Q Z N U o L } to ' o- c ° U Y J V Q v1 °ZS O } O z i o p °' " F- p� a N (n V) v g } u c > o aLLJ a � � +— a •E LOui L J v N E 4- O °� ° 0 co -v U- 4- N L x a� v d } O i, !a n > ° Q) Z W '_a m* H to m MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Jayne's Cleaning Service, Contract # Inc. Effective Date: July 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Janitorial services for the May Hill Russell Library and the Department of Juvenile Justice Building — second floor Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 06/16/10 Agenda Deadline: 06/01/10 CONTRACT COSTS Total Dollar Value of Contract: $ 42,000.00 Current Year Portion: $ 10,500.00 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- $1,400/mo Grant: $ N/A 001-20505-530-340- $2,100/mo County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc CONTRACT REVIEW Changes Date In Needed Division Director 2 0 Yes❑ NoE'� Risk Management LI Yes❑ No� O.M.B./PurchasYhg (2 --i - Yes❑ No County Attorney � Yes❑ N�Q uivw corm Kevisea 212 Llu 1 MI;Y 42 Date Out AGREEMENT FOR JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY AND/OR DEPARTMENT OF JUVENILE JUSTICE BUILDING — SECOND FLOOR This Agreement is made and entered into this day of June, 2010, between MC COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, address is 1100 Simonton Street, Key West, Florida 33040, and JAYNE'S CLEF SERVICE, INC. ("CONTRACTOR"), a Florida corporation, whose address is Post Box 431439, Big Pine Key, FL 33043. WHEREAS, COUNTY desires to provide janitorial services for the May Hill Library and/or the Department of Juvenile Justice Building — Second Floor: and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to e May Hill Russell Library and/or the Department of Juvenile Justice Building — Second Fl r; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to janitorial services to the May Hill Russell Library and/or the Department of Juvenile Building — Second Floor, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it�i agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda 2. SCOPE OF THE WORK: MAY HILL RUSSELL LIBRARY The Contractor shall furnish janitorial service, including all necessary suppli equipment, and safety devices required in the performance of same for the May F Russell Library, located at 700 Fleming Street in Key West, Florida, consisting approximately 13,137 square feet. A. Restroom sanitation shall include the following on a daily basis: i. All floors swept, loose dirt removed. ii. Wash and disinfect floor iii. Stall partitions damp cleaned. iv. All commodes, urinals, basins and vanities shall be scoured disinfected. V. All urinal traps shall be specially cleaned and disinfected. vi. All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. vii. All supplies shall be replaced (paper goods, soap, etc.). viii. All other work necessary to maintain a clean and sanitary condition in these restrooms shall be accomplished, whether it is specifically no ed in these specifications or not. NOTE: Key West Library has two (2) male public restrooms with one 1) toilet and one (1) urinal each, two (2) female public restrooms with two 2) toilets each, and one (1) employee restroom with one (1) toilet. B. All sinks and water fountains outside the restroom areas are to be daily. Water fountains are to be polished periodically. C. General Cleaning shall be completed daily, and should include the following i. All tile floors are to be dusted and mopped. ii. All furniture and furnishings to be dusted and spot cleaned. iii. Low, ledges, sills, rails, tables, shelving, baseboards, etc. to be wir with a damp cloth to reduce the amount of dust in the building. iv. All trash and recycle receptacles emptied, and trash can liners repl V. All upholster furniture to be vacuumed. vi. All vinyl -covered furniture to be wiped. vii. All carpeting shall be vacuumed with a powerful HEPA vacuum, as the Orek. D. Weekly janitorial services to include: i. All glass partitions, doors, mirrors, windows, etc. to be cleaned polished. ii. Obvious scuff marks shall be removed from resilient flooring. iii. All door vents cleaned. E. Monthly janitorial services to include: i. All high dusting (i.e. pictures, door frames, air vents, tops of shelves, etc.) ii. All walls dusted monthly iii. All air conditioning vents, supply and return air grilles cleaned. iv. All Venetian blinds on windows to be dusted. F. The Contractor shall insure all exterior doors are locked while they servicing the building and upon their departure. The Contractor is not to anyone in the building except janitorial staff. 2 G. Janitorial services will be five (5) days a week, Tuesday thru Satui (excluding holidays), beginning at 8:00 am., and finishing no later than Library opening time of 10:00 a.m. Should the Contractor need additi4 time to complete the scope of work, a mutually agreed upon schedule betm the Contractor and the Library allowing the Contractor to start prior to I a.m. may be implemented. H. The Contractor shall be responsible to coordinate the work with the C( area representative, John W. King, Senior Director, Lower Keys Faci contact phone (305) 2924431, Monday through Friday, 8:00 to 5:00 pm. Contractor shall perform the work during hours and time as specified. Keys shall be issued to the Contractor by the area representative at the starl of the Contract. Written confirmation of receipt of keys shall be signed by he Contractor. The Contractor shall return all keys as issued upon expiration of the contract or termination. The contractor shall be responsible for the cost of changing locks, etc., for all keyed secured areas for which the Contractor does not return the keys. K. The Contractor shall report any problems regarding open doors vandalism to the Facilities Maintenance Department, telephone (305) 292 or (305) 292-4436. L. The Contractor shall provide all supplies necessary for the clean performance of his work under the contract. All supplies, including but limited to, hand soap, paper towels, toilet paper, and trash can liners, shall supplied by the Contractor. The Contractor will be given access to 2 stor closets, one in the lounge for their exclusive use and to which only they st have the keys, and one at the rear entrance where they may store pails, me and other needed supplies and equipment. M. Additional Services: (shall be performed once in every three month peri, and shall be included in the bidding price.) i. Resilient Flooring shall be swept/dust mopped and stripped. A application of three coats of wax, areas shall be buffed sufficiently maximum gloss and uniform sheen from wall to wall, includ corners. The waxed floor shall present a clean appearance free fi scuff marks or dirt smears. Furniture and/or other equipment mo, during floor stripping and waxing shall be returned to their origi positions. ii. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs sl be vacuumed of all loose soil and debris prior to cleaning, and shall free of streaks, stains and spots, and shall have a bright uniform cc upon completion of dry cleaning, steam cleaning or shampooing. <a.—i.i..J,. a — -v ♦ J Il AAJJU ,1VJ A AN- K LviLL.lA�ll - J.GI..VI\L PLVV APPROXIMATELY 20,000 SQUARE FEET The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the DEPARTMENT OF JUVENILE JUSTICE BUILDING, SECOND FLOOR located at 5503 College Road, Key West, FL. Services listed below are to be conducted only during the hours of 5:00 AM to 5:00 PM Monday through Friday. A mutually agret d upon schedule will be developed with the minimum services to include, but not limited to, the following: A. GENERAL OFFICE CLEANING (two times per week) i. Tile floors —dust mopped and/or damp mopped ii. Furniture and Furnishings -Dusted and spot cleaned iii., Low ledges, sills, rails & baseboards dusted and spot cleaned iv. Trash and recycle containers emptied and liners changed V. Vacuum carpets vi. Carpeting spot cleaned B. RESTROOM SANITATION (Monday, through Friday) i. Floors swept and loose dirt removed ii. Floor washed, disinfected and mopped iii. Stall partitions damp cleaned iv. Commodes, urinals, basins & vanities scoured and disinfected. V. All supplies replaced with sufficient stock to last through the next cleaning day (includes hand soap, paper towels & toilet paper) vi. Trash receptacles emptied and liners replaced. vii. Mirrors polished C. PUBLIC AREAS/ HALLWAYBREAKROOM (Monday through Friday, i. Low ledges, sills, rails and baseboards dusted and spot cleaned ii. Drinking fountains cleaned and polished iii. Trash and recycle receptacles emptied and liners replaced, recycled material shall be transported to exterior recycling bin iv. Furniture and furnishings dusted and spot cleaned V. Upholstered furniture vacuumed vi. Tile floors dust mopped and/or damp mopped D. FITNESS ROOM MAINTENANCE (Monday through Friday i. Same as RESTROOM SANITATION as described above ii. Vacuum and damp mop both file and rubber matted flooring iii. Clean mirrors 4 iv. Low ledges, sills, rails and baseboards dusted and spot cleaned. V. Drinking fountain cleaned and polished. vi. Trash receptacles emptied and lined vii. Clean all gym equipment seats and handles with disinfectant viii. Clean all gym equipment base/housing on a weekly basis E. ELEVATOR MAINTENANCE (Monday through Friday i. Clean and disinfect interior car walls, holding bars, and push buttons ii. Vacuum and damp mop floor iii. Vacuum door track F. PERIODIC SERVICES i. Floors waxed and buffed once a month ii. Floors stripped, refinished and buffed once per quarter iii. All door vents cleaned weekly iv. All high dusting —monthly V. All interior windows washed every other week. vi. Clean/Shampoo all carpeted areas once per quarter vii. Clean all A/C vents in all offices and hallways once per month viii. Sweep out, mop and dust STAIRWELLS once per month. GENERAL SPECIFICATION (Both Facilities) Contractor agrees to use and provide documentation for whole -building cleaning and maintenance practices, using A. Sustainable cleaning chemicals (non -disinfecting) that meet the requirements of Green Seal's GS-37 and/or EPA's Design for the Environment program B. Use of micro -fiber wipes, dust cloths and dust mops in place of paper wipes and where paper products are used, including hand towels, use of products th contain at least 30% recycled content and which are recyclable C. Floor care products (Finishers and Sealers) shall be durable and slip resistant and the finish shall be free of zinc (metal -free) or shall meet the requirements of Green Seal's GS-40 and/or Environmental Choice's CCD47 and/or EPA' Design for the Environment program D. Carpet care products shall meet the requirements of GS-37 and/or CCD-148 E. Proper training of Contractor's personnel in the hazards, use, maintenance an disposal of cleaning chemicals, dispensing equipment and packaging F. Use of hand soaps that do not contain antimicrobial agents, except where req i by health codes and that meet Green Seal GS41A standard G. Use of cleaning equipment that reduces impacts on Indoor Air Quality. PAYMENTS TO CONTRACTOR A. COUNTY' S performance and obligation to pay under this agreement, contingent upon annual appropriation by the Board of County Commissioner B. COUNTY shall pay in accordance with the Florida Local Government Pron Payment Act; payment will be made after delivery and inspection COUNTY and upon submission of invoice by CONTRACTOR. C. CONTRACTOR shall submit to COUNTY invoices with supporti documentation acceptable to the Clerk, on a monthly schedule in arrea Acceptability to the Clerk is based on generally accepted accounting princip and such laws, rules and regulations as may govern the Clerk's disbursal funds. D. MONTHLY FEE FOR JANITORIAL SERVICES FOR MAY RUSSELL LIBRARY: ONE THOUSAND FOUR HUNRED AND NO/100 DOLLARS ($1,400.00) E. MONTHLY FEE FOR JANITORIAL SERVICES FOR DEPARTMENT JUVENILE JUSTICE BUILDING — SECOND FLOOR TWO THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($2,100.0 4. TERM OF AGREEMENT This Agreement shall commence on July 1, 2010, and ends upon June 30, 2011, terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two () 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 conte clearly indicates otherwise, references to the "term" of this Agreement shall mean the initi it term of two (2) years. The Contract amount shall be adjusted annually in accordance with the percentage change n the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consume as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year usir g the most recently published indicator. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR f CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriai e licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upn 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 autho ' ed representatives shall have reasonable and timely access to such records of each other p to this Agreement for public records purposes during the term of the Agreement and for f ur years following the termination of this Agreement. If an auditor employed by the COUN or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement w' re spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay e monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date he monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, d 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 e COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY s all have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. I 8. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in t is agreement, Contractor shall defend, indemnify and hold the COUNTY and the CO 's elected and appointed officers and employees harmless from and against (i) any clai ' s, actions or causes of action, (ii) any litigation, administrative proceedings, appell to proceedings, or other proceedings relating to any type of injury (including death), I S, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason f, or in connection with, (A) any activity of CONTRACTOR or any of its employees, age ts, sub -contractors or other invitees during the term of this AGREEMENT, (B) the negligenceor willful misconduct of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations tha it undertakes under the terms of this AGREEMENT, except to the extent the claims, actio s, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sale negligent acts or. negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actiok causes of action, litigation, proceedings, costs or expenses relate to events or circumstan4es that occur during the term of this AGREEMENT, this section will survive the expiration�of the tern of this AGREEMENT or any earlier termination of this AGREEMENT. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTTY INSURANCE. Wh re applicable, coverage to apply for all employees at a minimum statutory limits as required. y Florida Law. i COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehi�le 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 N i Property Damage Liability. Coverage shall include all owned vehicles, all non-own�d vehicles, and all hired vehicles. i COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage withZd�ly is of liability of not less thanJ100.00.0 00 per occurrence combined single limit for Injury Liability and Property Damage Liability. EMPLOYEE DISHONESTY. The Contractor Shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be $10,000 per Occurrence 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 thitty (30) calendar days' written notice shall be provided to the COUNTY before any policy for 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. 9. NON -WAIVER OF INUMUNM Notwithstanding the provisions of Sec. 768.28, 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 CONTRACTOR is an independent 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 CONTRACTOR or any of }his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDLSCREUINATION 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 of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 11 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 prohilits 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 Dz~ug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC S. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statues which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR 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 paragraph 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 REOUIREMMENTS 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 and hereinai er 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 CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have Ino 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 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. 0 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. CONTRACTOR 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 REQUIREMENT i 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 Maintenance Department 1100 Simonton Street, #2-284 Key West, Fl. 33040 and County Attorney Post Office. Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Jayne Jurgensohn Jayne's Cleaning Service, Inc. Post Office Box 43143*9 Big Pine Key, Florida 33043 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 or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. UC 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. 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 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. 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. 21. 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. 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 DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. 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 11 constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON-RELLANCE 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. 31. 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. 32. 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. 33. 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. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC ENTITY CREVIE 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 Manager, 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 13 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 36. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship. 37. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 38. 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 CONTRACTOR 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 Deputy Clerk Date: Witsses for CONTRACT R: tu reigS Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia J. Murphy Date: /SiAnattire of peaau orized to le ly bind Coation te: JA—J�URe G Cr AJ60,/-/ V Print Name dress-41,32 Telephone Numbe _ 30,50 9a,3 V -2,5V "BID - JANITORIAL SERVICES, MAY HILL RUSSELL LIBRARY AND/OR DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR" JAYNE'S CLEANING SERVICE, INC., P.O. BOX 431439 BIG PINE KEY, FL., 33043 (305) 923-1250 CONTACT: JAYNE JURGENSOHN MONROE COUNTY DIVISION OF PUBLIC WORKS FACILITIES MAINTENANCE DEPARTMENT CONTRACT SPECIFICATIONS JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and / or DEPARTMENT OF JUVENILE JUSTICE BUILDING — SECOND FLOOR MONROE COUNTY, FLORIDA 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 COUNTY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS ROMAN GASTESI DENT PIERCE CLERK OF THE CIRCUIT COURT SR. DIRECTOR, LOWER KEYS OPERATIONS DANNV Imo. KOLHAGE JOHN W. KING March 2010 Division of Public Works Facilities Maintenance SHARE HOLDERS i--JAYNE JURGENSOHN OFFICERS wAYNE JURGENSOHN NUMBER OF YEARS IN BUSINESS 22 YEARS IN THE FLORIDA KEYS OPERATED UNDER CURRENT NAME-22 YEARS NUMBER 5 DOES NOT APPLY REFERENCES INCLUDED WITH BID CREDIT REFERENCES KEY WEST CHEMICAL RELEVENT EXPERIENCE -INCLUDED WITH BID ENVIRONMENTAL POLICY---JAYNE'S CLEANING BELIEVES STRONGLY IN RECYCLING MISSION AND VISION STATEMENT INCLUDED WITH BID JAYNE'S CLEANING SERVICE, INC. (305) 923-1250 Jayne@iaynescleaningservice.com May 3rd, 2010, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING OFFICE GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST, FL. 33040 To whom it may concern; Thank you for the opportunity to submit this proposal to furnish janitorial services at May Hill Russell Library and/or Department of Juvenile Justice Building — Second Floor Key West, Monroe County, Florida We have reviewed your requirements, become familiar with your facilities and we feel confident that Jayne's Cleaning Service, Inc. can provide both the quality and value you are entitled to receive. Jayne's Cleaning Service, Inc., is a company, which provides much more than the typical services so often valued by our traditional client base. We believe that we are one of a handful of companies that recognizes that we can reduce the cost of providing services and use services more effectively to meet customer requirements, get more of their business, and enhance profits. Our experience with other corporate facilities has taught us the importance of value exchange and the standards for quality service, which are the benchmarks of Jayne's Cleaning Service employees and management staff. Our personal stake in the successful bidding of the Request for Proposal is the opportunity to dovetail our own plans for growth with the existing requirements of Monroe County. We believe that it will be extremely important to focus on successful service delivery in order to continue the steady growth of Jayne's Cleaning Service, Inc. Since supervision is the key discriminator between adequate janitorial services and superior services, you can expect frequent and continuous inspections by the owner and manager of Jayne's Cleaning Service, Inc. We value your association and our business relationship. You will find that we take pride in maintaining a clean facility and a satisfied client. We will work hard to achieve these standards. Jayne's Cleaning service is a Certified Minority Business as well as DBE certified, documents included with bid. Thank you again, we look forward to discussing this proposal in more detail. Very Truly Yours, JAYNE'S CLEANING SERVICE, INC., Jayne Jurgensohn Owner/President REFERENCES NATIONAL WEATHER SERVICE OFFICE 1315 White Street Key West, FI. 33040 CONTRACT DATES: JANUARY 15T-TO PRESENT LAURA CASPER phone # (305) 295-1316 ext. 221 PUBLIC DEFENDER 4695 O/S HWY. SUITE 2 MARATHON, FL. 33050 CONTRACT DATES: SEPTEMBER 2006 TO PRESENT Pamela Catala Phone# (305) 294-2501 Fax# (305) 295-3163 Email pcata1aPpd16.org FRED TROXEL P.O. Box 430180 BIG PINE KEY, FL 33043 CONTRACT DATES: MARCH 1992 TO MARCH 2O09 FRED TROXEL Phone# (305) 872 2366 Fax# (305) 872-2626 Email fred@keysmiles.com FLORIDA DEPARTMENT OF CORRECTIONS 5192 O/S HWY. MARATHON SHORES, FL 33050 CONTRACT DATES: MARCH 2O03 TO PRESENT Patricia Burns (305) 289-2340 Fax# (305) 289-2379 Email burns.patricia mail do state fl us THE NATURE CONSERVANCY P.O. BOX 420237 SUMMERLAND KEY, FL., 33042 CONTRACT DATES: JANUARY 2005 TO PRESENT Shirley Gunn (305) 745-8402 Fax# (305) 745-8399 Email sgun(a tnc.or� STATE ATTORNEYS OFFICE 530 WHITEHEAD STREET KEY WEST, FL., 33040 CONTRACT DATES: SEPTEMBER 2006 TO PRESENT Nancy Criswell (305) 292-3400 REFERENCES I established my business in 1989. From then until 2003 Jayne's Cleaning Service, Inc was a much larger company with many sizeable contracts. Some of those contracts were the following; 1. Bank of America which comprised of all of Monroe County 2. The Village of Islamorada, FI. 3. Worldwide Sportsman in Islamorada, Ff. 4. All County Buildings in Marathon, Fl. and Key West, FI. 5. The Florida Keys Aqueduct Authority in Key West. MONROE COUNTY KEY WEST 801 EISENHOWER DRIVE P.O. BOX 4127 KEY WEST, FL 33041-4127 PHONE: (30S) 294-2501 MARATHON PUBLIC DEFENDER'S OFFICE 4695 OVERSEAS HIGHWAY, SUITE 2 MARATHON, FL 33050 PHONE: (305) 289-6015 PLANTATION KEY 50 HIGH POINT ROAD, SUITE 103 TAVERNIER. FL 33070 PHONE: (3051 B�pxibl 27, , 2010 PUBLIC DEFENDER SIXTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MONROE COUNTY Board of County Commissioners Monroe County, Florida ROSEMARY E. ENRIGHT PUBLIC DEFENDER RE: Jayne Jurgensohn Jayne's Cleaning Service To Whom It May Concern: Jayne has worked with our office over ten years. She has done a great job cleaning the Marathon Office. I have encountered very few problems and Jayne was very prompt to make corrections. PLEASE REPLY TO: I highly recommend Jayne, for she is a professional person and works well with people. Please call me for further information at 305-292-3568. Sincerely, Pamala Catala Fiscal Specialist LITAGATION a. JAYNE'S CLEANING HAS NOT EVER FAILED TO COMPLETE WORK OR PROVIDE THE GOODS FOR WHICH IT HAS CONTRACTED b. THERE ARE NO JUDGMENTS, CLAIMS, ARBITRATION PROCEEDING OR SUITS PENDING OR OUTSTANDING AGAINST JAYNE'S CLEANING SERVICE OR IT'S OFFICERS. c. JAYNE'S CLEANING SERVICE HAS NEVER BEEN A PARTY TO ANY LAWSUIT OR ARBITITRATION WITH REGARD TO A CONTRACT FOR SERVICES, GOODS, OR CONSTRUCTION SERVICES SIMILAR TO THOSE REQUESTED IN THE RFP d. JAYNE'S CLEANING SERVICE HAS NOT EVER INITIATED LITIGATION AGAINST THE COUNTY OR BEEN SUED BY THE COUNTY IN CONNECTION WITH A CONTRACT TO PROVIDE SERVICES, GOODS, OR CONSTRUCTION SERVICES. JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDLILNG — SECOND FLOOR, MONROE COUNTY, FLORIDA SECTION THREE BID DOCUMENTS 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: J14y,N6',S 944 //Ce rye -- The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of: JANIITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING — Second Floor KEY WEST, MONROE COUNTY, FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to service, and maintain Central Air Conditioning, and all incidentals necessary to perform and complete said work in a workman -like manner, in conformance with specifications, and other contract documents including addenda issued thereto. 1. MONTHLY FEE FOR JANITORIAL SERVICES FOR MAY HILL RUSSELL LIBRARY: 4 AMOUNT WRITTEN OUT $ •00 i Bid Documents 3-1 October 2009 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDLILNG — SECOND FLOOR, MONROE COUNTY, FLORIDA 2. MONTHLY FEE FOR JANITORIAL SERVICES FOR DEPARTMENT OF JUVENILE JUSTICE BUILDING — SECOND FLOOR AMOUNT WRITTEN OUT I acknowledge receipt of Addenda No. (s) I have included the Bid which includes 1. Bid Form 2. Non -Collusion Affidavit 3. Lobbying and Conflict of interest Clause Form 4. Drug Free Workplace Form 5. Local Preference Form In addition, I have included 6. Current copy of Contractor's License 7• Copy of Business Tax Receipt 8. Insurance Agents Statement 9. Bidder's\Respondent's Insurance & Indemnification Statement 10. All requirements as stated in the Instruction to Bidders, Paragraph 4. (Check mark items above as a reminder that they are included) Mailing Address: Telephone�t4v 39 Date:lo Signed: � Witness: Print N r (Seal) � ,,Z tJ Title Bid Documents KIMBERLY A. TRICE �. N04q Public - State of Florida • MY CoaunlsSW E*kn Jun !. 2012 �?�► Commission / DO 79W25 ,y"'•••M '•� SWed Through NOMW ft" Ana. October 2009 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDLILNG - SECOND FLOOR, MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT -T/e q�it/SONjt� of the city of Li % rj-/, D �/ accordinj to law on my oath, and under penalty of perjury, depose and say that: I. I am 0 CXJA1 r 12 0 A-' l AA UA,,,ire S (; L".4,viXA6 S .ACV/C C of the firm of .JZ94e"�',S ( LCAAlIA-,P6, Zeet/lGL �.tiC,• the bidder making the Proposal for the project described in the Notice for Calling for bids for: ' ,t!'vicviw6 and that I executed the said proposal with full authority t 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 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; 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. i ture of B' )— STATE OF:f!/R COUNTY OF: Lm.t l PERSONALLY APPEARED BEFORE ME, the undersigned authority, \1' _ i 5'Qi/1. ID y� who, after first being sworn by me, (name of individual signing) Fixed his/her signature m the space provided above on this —S-- day of 201Q ` eV OTAR PUBC My Commission Expires: 6 ) ::8 1 Z Bid Dow"w is KIMBERLY A. TRICE Notary Public - Stall of Flo WA my ComlMui" Expires dun 3. 201 LDD 795623 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDLILNG — SECOND FLOOR, MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM S WORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY FLORIDA ETHICS CLAUSE A A.)/A-) �,�. P t/ic j warrants that helit 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. a D STATE OFC�Y2 COUNTY OF (4 PERSONALLY APPEARED BEFORE ME, the undersigned authority, yYa—,Zt �elki so who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this .S day of ,20/0. NOTARY PUBLIC PUBL My commission expires: OMB - MCP FORM #4 Bid Documents "'r"St"•., KIMBERLY A. TRICE NOWY Public - State of Florbli • MY Commlteloa Expir" Jun S, M2 CoMMISSIN ♦ 00 79M3 "' AoneM TWUP tiv Md W" AnIL 3-4 _ October 2009 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDLILNG — SECOND FLOOR, MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name 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 -flee workplace through implementation of this section. As the person authorized to sign the statement, I requirements. certify that this firm complies fully with the above B' is Si afore ao� Date OMB - MCP#5 Bid Documents 3-5 October 2009 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDLILNG — SECOND FLOOR, MONROE COUNTY, FLORIDA Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Worker's Compensation Employer's Liability General Liability Vehicle Liability Employee Dishonesty Required Limits Statutory Limits $100,0001$500,0001$100,000 $300,000 Combined Single Limit or $100,000/$300,000/$50,000 $100,000 Combined Single Limit or $50,000/$100,000/$25,000 $10,000 per Occurrence INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR The Contractor 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 attomey'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, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the 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 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 Contract. BIDDER'S /RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. LWIAI Bidder/Respondent Si ture Bid Documents 3-6 October 2009 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDLILNG — SECOND FLOOR, MONROE COUNTY, FLORIDA INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. POLICY 00,no0 a o nn Q QQQ/Lf �0. Liability policies are ✓ Occurrence �itiX,i14m iwJ)��!`Cl,nCa Insurance Agency DEDUCTIBLES Claims Made Signature Print Name:-v —4 BW Documents 3-7 October 2009 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDULNG — SECOND FLOOR, MONROE COUNTY, FLORIDA LOCAL PREFERENCE FORM A. Vendors claiming a local preference rdin to ce 0223-2009 must complete this form. �Ayut•tt L,trtf Name ofBidder/Responder _JA�(/y��T[��CXiVS01��!/ Date:�yu 1. Does the vendor have a valid receipt for the business tax paid to the Monroector dated at least one year prior to the notice or request for bid or proposal? �-65 (ply ash copy. PY• ) 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?��S List Address: Telephone Number:0$� Q -� as B. Does the vendor/prime contractor intend to subcontract 5001. or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? e/,4'S 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: U.cAsi �/�'fin�cx, L Pder/Respon and l of orized Signatory for STATE OF Tel. Number(3a$' a 9y'32o_3 Print Name+JAQ&,,E .TvA eA, A-,smw COUNTY OF �On this daY of 20�� before me, the undersigned notary �L known to me to be the person whose name produ ed r� �� L' S as identification, and acknowledged th exec the above Local Preference Form for the purposes therein contained .n I .- Notary Public �;min�r�u 1A . '; Cc— Pint Name My commission expires: (O "� Z .::...:.- --,- at public, personally appeared is subscribed above or who he/she is the person who 4•iy KIMBERLY A. TRICE Seal ` Notary Public • State of Fulda • My C=Nssw Expires Jun I.2M2 ,€ Canmis" # DO 795W „',� • Balled TWough National Notary Atsa. October 2009 ' 2009 / 2010 ... , MONROE COUNTY BUSINESS TAX RECEIPT t> EXPIRES SEPTEMBER 30, 2010 =` } RECEIPT# 29240-23355 Business Name: JAYNES CLEANING SERVICE INC - Owner Name: JAYNE JURGENSOHN - Mailing Address:P 0 BOX 431439 Business Location: MO CTY BIG PINE KEY, FL 33043-1439 MARATHON, FL 33050 Business Phone: 305-872-8866 Business Type: MOBILE (MOBILE JANITORIAL CLEANING) Rooms Seats Employees Machines'- Stalls 4r -. 0 00 0 /` 0 0 For Vending Business Only Number of Machines : Vendinq,.TyDe, Tax Amount Transfer Fee- Sub -Total Penalty jPrior Years Collection Cost Total Paid $25.00 '$-25.00 $0.00 $25.00 PAID-211-08-00000219 07/28/2009 25.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. YOU MUST WHEN VALIDATED PO Box 1129, Key West, FL 33041 MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. t• _ ',, a . unw1n^1T -^I - . no - - - n-n.-- JANITORIAL SERVICES MAY HILL; RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING — Second Floor MONROE COUNTY, FL ADDENDUM NO. 1 April 12, 2010 The information contained in this Addendum modifies, supplements or replaces information contained in the Bid and is hereby made a part of the Contract Documents. The following items) are clarification(s), deletion(s), revision(s), change(s) and modification(s) that change the original Contract Documents only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM No. 1. To request a sight visit at either or both sites, please contact the following on -site Monroe County representative(s): a. May Hill Russell Library (Key West) -- Valeria Moore at (305) 292-3595 or (305) 809-5266 between the hours of 10:00 am and 3:00 pm, Tuesday through Friday, excluding any holiday. b. Department of Juvenile Justice Building, second floor — Gins Carmona at (305) 295-3999 between the hours of 8:30 am and 5:00 pm, Monday through Friday, excluding any holiday. All other items remain as called for in the documents. End of Addendum No. 1. and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING — Second Floor MONROE COUNTY, FL ADDENDUM NO.2 April 23, 2010 The information contained in this Addendum modifies, supplements or replaces information contained in the Bid and is hereby made a part of the Contract Documents. The following item(s) are clarification(s), deletion(s), revision(s), change(s) and modification(s) 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. Janitorial services are currently under contract with Diversified Services of Key West, Inc. 2. Any information regarding Monroe County contracts, amendments and renewals can be found on the Clerk of the Court's Website, www,clerk-of-the-court.com. All other items remain as called for in the documents. End of Addendum No. 2. — - " yr r "J"JOCU t-KUI-tH I Y TAXES MONROE COUNTY TAXING AUTHORITIES P0BOX 1176 KEY WEST FL 33041-1176 DO NOT PAY THIS IS NOT A BILL Legal Description: JAYNES CLEANING SERVICE INC 253 PIRATES RD LITTLE TORCH KEY 6 - 22649 JAYNE'S CLEANING SERVICE INC PO BOX 431439 BIG PINE KEY FL 33043-1439 irfill r11t11rfill uloll Itnfill Ir fill 11t1t1Int11t1t1itirfill The taxing authorities which levy property taxes against your property will soon hold PUBLIC HEARIN to adopt budgets and tax rates for the next year. The purpose of these PUBLIC HEARINGS is to recei� opinions from the general public and to answer questions on the proposed tax change and budget PRIOR TO TAKING FINAL ACTION. Each taxing authority may AMEND OR ALTER its proposals at the hearing. Alternate Key: 8816553 Parcel ID #: 00023548-000000 Mill -Dist: 1 OOH *TANGIBLE* Base Assessed Total Exemptions Taxable Your prey Your Property Taxes This year Your Taxes TNs Year It A Public Hearing On The Taxin Authorities Value Granted — Value Taxes Last Year It Proposed Budget Change No Budge) Proposed Taxes And Budget Change Ie 9 COUNTY Is Made Made Wll Be Held: GENERAL REVENUE FIXED 980 980 F & F (LAW ENF, JAIL, JUDICIAL SYSTEM) 0 0.72 0.00 0.00 SEPTEMBER 10, 2008 5:05PM HEALTH CLINIC 980 980 980 980 0 1.21 0.00 KEY LAO 0.00 101485 O/SLHIRRY WYAKEY LARGO FL 0 0.02 0.00 0.00 (305) 292-4470 PUBLIC SCHOOLS: BY STATE LAW BY LOCAL BOARD 980 980 980 980 0 1.21 0.00 SEPTEMBER 9, 2008 6:OOPM CORAL HIGHVSCHOOL 0 1 32 000 00:0000 89901 USHORES E FL GENERAL PURPOSE MSTU 980 980 (305) 293-1400 EXT 53345 LOW/MID FIRE/AMB DIST MC LOCAL ROAD PATROL 980 980 980 0 0 0.13 O•� 0.00 0.00 0.00 SEPTEMBER 10, 2008 5:05PM 0.00 KEY LARGO LIBRARY 980 0 0.26 0.00 0.00 101485 O/S HWY KEY LARGO FL (305) 292-4470 WATER MANAGEMENT DISTRICT SO FL WATER MANG DIST 980 980 OKEECHOBEE BASIN FND GLADES PROD 980 980 980 980 0 0 0.20 22 0 0 00 00 0.00 SEPTEMBER 10, 2008 5:15PM 0.00 B-1 BLDG 3301 GUN CLUB 0 0 08 0.00 RD 0.00 WEST PALM BEACH FL (561) 686-8800 INDEPENDENT SPECIAL DISTRICTS MOSQUITO CONTROL DIST 980 980 0 6.36 0.00 0.00 SEPTEMBER 15, 2008 5:30PM KEY LARGO SUBSTATION —.-- — — 1 Y_-KEY_-LARGO EL -- - .0 u MY a� CO c0 W 0 e 0 w a '� CI] 0 o "'N cq w � 00 Lri ON Cq tz DO CN CV v cv N m C s� 0 0 r 0 N Lei C a iz Pu ti BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17, 2010 Division: Akports Bulk Item: Yes XX No Staff Contact Person: Peter Horton/Pedro Mercado AGENDA ITEM WORDING: Approval of a Lease with Kennedy Galleries for retail space at Key West International Airport. ITEM BACKGROUND: Following renovation of the existing airport terminal building the County put out an RFP for retail space concessions. The respondent placed the winning proposal for the concession spaces located adjacent to the Conch Flyer restaurant space in the departure gate area. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OR LOCAL PREFERENCE: COST TO COUNTY:N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No— AMOUNT PER MONTH $1,250 in rent + $1 250 minimum revenue guarantee t APPROVED BY: County AttyOMB/Purchasing DOCUMENTATION: Included XX Not Required DISPOSITION Revised 2/05 Risk Management AGENDA ITEM # LEASE AGREEMENT KENNEDY GALLERIES KEY WEST INTERNATIONAL AIRPORT THIS LEASE AGREEMENT is made and entered into on the l 9th day of May, 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as Lessor, and Kennedy Galleries hereinafter referred to as Lessee or Tenant; WHEREAS, the Lessor is the owner of the Key West International Airport, hereafter Airport, that has space available for an airport concession; and WHEREAS, Lessor desires to grant to Lessee the right to operate an airport concession at and from. the Key West International Airport at Key West, Florida, and WHEREAS, the Lessee desires to enter into such a lease and represents to the Lessor that it is qualified to operate airport concession and has the financial resources to undertake such an operation; now, therefore IN CONSIDERATION 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 the Airport area shown on Exhibit A, hereafter the premises, for use as an Airport Concession, hereafter also referred to as the operation. Exhibit A is attached to this agreement and incorporated by reference. 2. Term (a) This lease agreement will take effect on the 1 st day of June 2010, and will terminate on the 31st day of May, 2015, unless terminated earlier under another paragraph of this agreement. (b) This lease may be renewed at the discretion of the Lessor for one (1) five year period. If the Lessee desires to renew this lease, Lessee must submit a written request to Lessor at least 90 days prior to the expiration of the initial term of this lease. 3. Rental and Fees (a) i. Lessee agrees to pay Lessor rent in the amount of $1,250.00 per month, including electricity, for retail concession spaces 124 — 127 and ii. In addition to the rent, Lessee agrees to pay Lessor 10% of the annual gross revenues, or a guaranteed minimum annual fee of $15,000, whichever is greater, generated by Lessee's operations at retail concession spaces 124 - 127. Rental payments are due by the I" day of the month for which the rent is due. An annual rental payment adjustment shall be made in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available or in accordance with the Airport's standard rates and charges as revised annually, whichever is greater. The increase will take effect on the anniversary month of the month when the operation opened for business. Annual gross revenues are determined on a calendar year basis. A calendar year shall run from January I" through December 31" inclusive. Payment of charges under this subparagraph shall be made in monthly installments. Lessee shall remit, at a minimum, 1/12 of the annual guaranteed minimum ($1250.00) on an arrears basis. Payment shall be made no later than the 251i day of the month payment is due, i.e. January payment by February 25, February by March 25, etc. In the event the total amount paid during any calendar year period is less than the greater of the fees set forth in 5a.ii, Lessee shall remit the difference by February 28 of the year subsequent to the calendar year for which the charge is due. iii. Rental and fees are subject to renegotiation if the total number of passengers serviced at KWIA fall below the total number of passengers served in calendar year 2008. (The total number of passengers served shall be the combined sum of the number of passengers arriving and number of passengers departing KWIA) (b) No rent payments are due under this agreement until the operation is open for business. If the operation opens on a date other than the first of the month, then the rent charge will be prorated as a percentage that the number of days in the month that the operation was in business represents to the months a whole. (c) Lessee must open the operation for business within 30 days of the effective date of this agreement. (d) At the end of this agreement (or any renewal), the Lessee's right to the premises, the use of Airport facilities, and any other right or privilege granted under this agreement ceases. All equipment, furnishings and other property of the Lessee at the premises must be removed by him. The Lessee must also restore the premises to its original condition, ordinary wear and tear and damage by causes beyond the control of the Lessee excepted. 4. Lessor's Right of Re -Entry_ - Notwithstanding anything set forth in paragraph 12 of this agreement, if the Lessee fails to pay any rents or fees due under this lease within 15 days after the Lessor notifies the Lessee in writing that the rent or charge is overdue, then the Lessor may, in its discretion, either immediately or later, re-enter the premises and repossess the premises and expel the Lessee and any persons claiming the premises by or through the Lessee, and remove any of the Lessee's effects without being guilty of trespass and without prejudice or waiver to any other available remedy the Lessor might have for the recovery of the rent or charges due from the Lessee. Upon the Lessor's re-entry, this lease will terminate. However, the Lessee's obligation to pay the rent or charges due will survive the termination. Overdue rent and charges will accrue interest beginning on the 16"' day after the Lessee was notified in writing by the Lessor that the renter charges were overdue. The interest rate will be that established by the Comptroller under Sec. 55.03, F.S., for the year in which the rent or charge first became overdue. 5. Lease Documents — The lease documents, of which this agreement is a part, consists of the lease documents, which are as follows: This agreement and any amendments executed by the parties hereafter, together with the RFP, the response to the RFP and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 6. Merchandise Review Audible Entertainment - The Lessee shall provide a list of all merchandise it intends to sell. The airport reserves the right to reject any items it finds inappropriate, objectionable or not in the best interests of the Airport. NO form of audible entertainment/announcement system will be permitted in the premises (retail spaces 124 — 127). Other forms of entertainment may be pennitted with the written consent of the Airport Manager. When permitted, no sound source shall be permitted that is so loud that it emanates outside of the Lessee's concession space. 7. Federal, State and Local Law - The Lessee must comply with all the applicable requirements of the statutes, rules, ordinances, regulations, orders and policies of the federal and state governments and the County either in effect on the effective date of this lease or later adopted. 8. Subordination (a) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United States of America and shalt be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Owner pertaining to the Key West International Airport. (b) The leased premises and the Airport are subject to the terms of those certain Sponsor's Assurances made to guarantee the public use of the Airport as incident to grant agreements between the Lessor and the United States Of America. This lease and all provisions hereof shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in those certain Sponsor Assurance's, and any existing or subsequent amendments thereto. (c) 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 1.946, 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. 9. Rights Reserved - 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 LESSEE on other parts of the airport. 10. Security Clearance/Cost - Lessee shall be solely responsible for the costs of, and the obtaining of, security clearances for the Lessee and any person(s) employed by Lessee. Notwithstanding anything set forth in paragraph 12 of this agreement, LESSEE's FAILURE TO OBTAIN OR MAINTAIN A SECURITY CLEARANCE SHALL BE DEEMED TO BE A BREACH OF THIS AGREEMENT AND THE COUNTY MAY IMMEDIATELY TERMINATE THIS LEASE. Before treating the Lessee in default and terminating the lease, the County need only provide the Lessee 24 hour notice by fax or overnight courier. The County may, but need not, provide Lessee with an opportunity to cure the default. 11. Lessee's Covenants (a) Lessee agrees to pay all assessments, taxes, including sales taxes, levied by any governmental body with the power to impose assessments or taxes. The Lessee must provide the Airport Manager with the sales tax records for each year on or before February 28 of the following year. (b) Lessee shall provide all items and equipment needed for the operation including, but not limited to: shelving, display cases, tables, chairs, refrigeration units, etc. Lessee's items and equipment must be removed from the premises when this lease terminates. 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. (c) The Lessee agrees to furnish good, prompt and efficient service to meet all demands for airport concession service at the Airport. The operation must be open for service 365 days per year consistent with flight schedules and will generally be hour before the first daily scheduled flight and %z hour following last scheduled daily flight from 6:00 A.M. to 7:00 P.M., as a minimum. The hours can be revised by mutual consent. (d) The Lessee shall provide an adequate number of covered metal waste containers at suitable locations, and must deposit all premises generated trash and waste in those containers for proper disposition of the waste at the place designated by the Lessor. (e) Lessee agrees that no signs, on premises advertising, or awnings may be erected by the Lessee on the premises or elsewhere at the Airport, unless they are approved by the Airport Manager in writing. No exterior architectural changes may be made without the consent in writing of the Airport Manager, whose consent will not be unreasonably withheld. (f) If any part of the premises exterior or interior is injured or damaged by any breaking or entering into the premises or by an attempt to break or enter the premises, the Lessee must promptly make all the necessary repairs at his expense to restore the premises to the condition immediately prior to the breaking or entering or the attempt to break or enter. (g) The Lessee is responsible for the maintenance of the premises, including the equipment and fixtures on the premises such as (but not limited to) plumbing, lighting, carpeting, planters, refrigeration equipment, electric wiring and fixtures, doors and walls. The Lessee must at his own cost make the repairs needed to preserve them in good condition. The repairs must equal or exceed the quality of the original work. However, the Lessor must maintain the premise air conditioning at its expense. The Lessee must also provide pest control for the premises at own expense. 11. Lessor's Covenants (a) Lessor will furnish the premises with back-up generator service should Keys Energy Services electric service fail. In the event both Keys Energy Services power and the back-up generator fail, the Lessor shall not be responsible or liable for any damage caused to Lessee as a result of the power outage. (b) The Lessor must operate, maintain and keep in good repair the Airport Terminal Building, and the Airport parking lots. The Lessor is not required to perform maintenance and make repairs to the Airport Terminal Building or parking lot caused by negligence of Lessee, its employees, or customers. If that happens, then it is the responsibility of the Lessee to make the repairs although, at the Lessor's option, the Lessor may perform the maintenance or repairs and charge the reasonable cost to Lessee. The Lessor may also abandon facilities that are no longer reasonably justified for the proper and adequate operation of the Airport. (c) The Lessor does not make any representations or warranties regarding the premises beyond those set forth in this agreement. The taking of possession of the premises by the Lessee is conclusive evidence that the premises and the Terminal Building were in good and satisfactory condition when the Lessee took possession. In no event will the Lessor be liable for any building construction defects whether in the premises or elsewhere in the Tenninal Building. (d) In the event the premises are partially damaged by fire, explosion, the elements, the public enemy or other casualty, but not rendered untenable, then the premises will be repaired with due diligence by Lessor at the Lessor's cost and expense. If the damage is so extensive that the premises are rendered untenable but capable of being repaired within 30 days, then the premises will be repaired with due diligence by Lessor at the Lessor's cost and expense. The rent payable under this lease will be waived until the premises are fully restored. If the premises are completely destroyed or so damaged that the premises will. be untenable for more than 30 days, the Lessor is under no obligation to repair and reconstruct the premises, and the rent must be paid only up to the time of the damage or destruction and then the obligation to pay rent ceases until the premises are fully restored. If within 30 days after the damage or destruction the Lessor fails to notify Lessee of the Lessor's intention to repair or reconstruct the damaged or destroyed premises, or to furnish a substantially equivalent facility, then the Lessee may give Lessor written notice of its intention to then cancel this agreement. 12. Default/Termination - Except as otherwise provided herein, the Lessor may cancel this agreement when, after giving the Lessee 30 days written notice that an act of default has occurred, the Lessee fails or cannot cure the following: (a) The appointment of a receiver of the Lessee's assets. (b) The divestiture of the Lessee's interest in the lease by court order or other operation of law. (c) The Lessee's abandonment of the operation. Failure to open the operation and keep it open during the business hours described in this agreement for seven (7) consecutive days shall constitute abandonment. (d) The failure of the Lessee to timely perform any of the obligations required of it under this agreement. No waiver of default by the Lessor of any of the obligations required of the Lessee under this agreement may be construed as a waiver of any subsequent default of any of the obligations that are required to be performed, kept or observed by the Lessee. The Lessor's waiver of an act of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement because of the Lessee's failure to subsequently perform an obligation or obligations under this lease agreement. 13. Lessee's Right of Termination - If the Lessee is not in default of its obligation to pay the rent and the charges, then the Lessee may cancel this agreement when, after giving the Lessor 30 days written notice of an act of default, the Lessor fails or cannot cure any of the following: (a) The issue of a court order enjoining or in any way restraining the use of the Airport for Airport purposes if the order remains in effect for a period of at least 90 days. (b) The inability of the Lessee to use for 90 days or more the premises or the Airport because of a fire, explosion or other casualty or disaster, provided that the casualty event was not caused by negligent or intentional acts(s) of the Lessee. (c) The failure of the Lessor to timely perform the obligations required of it under this lease agreement. (d) The assumption by the United States Govenvnent or any authorized governmental agency of the operational control or use of the Airport and facilities, or any substantial part or parts, in a manner that substantially restricts Lessee for a period of at least 90 days, from conducting the operation. The Lessee's performance of obligations in this agreement when the Lessor is in default is not a waiver by the Lessee to later terminate this agreement because of a subsequent failure by Lessor to perfonn its obligations. 14. Insurance Requirements (a) Before entering the premises, the Lessee must obtain insurance in the amounts and according to the conditions described as follows: The Lessee will be responsible for all necessary insurance coverage which includes, at a minimum: Worker's Compensation - $100,000 Bodily Injury by Accident; $500,000 Bodily Injury by Disease, policy limits; $100,000 Bodily Injury by Disease, each employee Vehicle Liability - $100,000 combined single limit General Liability - $300,000 combined single limit Certificates of Insurance must be provided to Monroe County within fifteen days after award of proposal, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen days, proposal may be awarded to the next selected respondent. The 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. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except workers compensation, issued to satisfy the above requirements. All forms of insurance required above shall be from insurers acceptable to the County. 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 days prior notification is given to the County by the insurer. (b) The Lessee must keep in full force and effect the insurance described during the teen of this agreement. If the insurance policies originally purchased that meet the requirements arc canceled, terminated or reduced in coverage, then the Lessee must immediately substitute complying policies so that no gap in coverage occurs. (c) The insurance required of the Lessee in this paragraph is for the protection of the County, its property and employees, and the general public. The insurance requirement is not, however, for the protection of any specific member of the general public who might be injured because of an act or omission of the Lessee. The insurance requirements of this paragraph do not make any specific injured member of the general public a third party beneficiary under this agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee from the Airport if the Lessee becomes uninsured or underinsured, is not a breach of any duty or obligation owed to any specific !member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents, or estate or heirs. (d) Notwithstanding anything set forth in paragraph 12 of this agreement, the Lessor may treat the Lessee in default if the Lessee, after entering the premises but before beginning its operation, does not have the insurance required by subparagraph 14(a). Before the County may tenninate the agreement in this situation, the County must give the Lessee a written notice of the default stating that, if the required insurance is not obtained within ten (10) days of the Lessee's receipt of notice, then the County will cancel this agreement. The County may treat the Lessee in default and cancel this agreement if the Lessee, after starting the operation, fails to keep in full force and effect the insurance required by subparagraph 14(a). Before treating the Lessee in default and tenninating the agreement in this situation, the County need only provide the Lessee 24- hour notice by FAX or overnight courier. The County may, but need not, provide Lessee with an opportunity to cure the default. 1.5. Rights Reserved - 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. 16. Inspection. and Maintenance of Premises by Lessor — Lessor and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Lessee has complied and is complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master flan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of Lessee and, provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the leased premises by Lessee, the Lessor or third parties, as a result of the exercise by the Lessor of its rights hereunder, and all damage to such fixed improvements caused thereby, shall be borne by the Lessor. 17. Assi ent/Sublease - The Lessee may not assign this agreement, or any part of it, or sublease the premises, or any portion of the premises, without the written approval of the Lessor which shall not be unreasonably withheld. The terms of this Lease Agreement shall be binding on the heirs, executors, administrators, sub -lessees and assigns of Lessee. The change of the Lessee's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the Lessor's approval. if the Lessee is approved to do business in the corporate form, any assignment of a controlling interest in the corporate stock is also an assignment under this paragraph that requires the Lessor's approval. All the obligations of this agreement will extend to the legal representatives, successors and assigns of the Lessee and Lessor. 18. Books, Records, Documents - Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. An annual operating statement prepared by a C.P.A. must be provided to the Lessor on or before February 28 of the following year. 19. 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 maybe 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 negligent acts in part, 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. 20. Nondiscrimination - 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. Lessor and Lessee 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 V11 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 based of disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 21. 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 terns, 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. Lessor and Lessee agree to reforn 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. Binding Effect - The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective legal representatives, successors, and assigns. 23. 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. 24. Adjudication of Disputes or Disagreements - Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 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 by Florida law. 25. 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, Lessor and Lessee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. Lessor and Lessee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. Covenant of No Interest - Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 27. Code of Ethics - County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 28. No Solicitation/Payment - Lessor and Lessee 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 this provision, Lessee agrees that Lessor shall have the right to tenninate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 29. Non -Waiver of Immunity - Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the Lessor and the Lessee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government 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 Lessor 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 Lessor, when performing their respective functions under this Agreement within the territorial limits of the Lessor 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 Lessor. 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 Lessor, except to the extent permitted by the Florida Constitution, State Statute, and case law. 32. Non -Reliance by Non -Parties - No person or entity shall be entitled to rely upon the teens, 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 Lessor and Lessee agree that neither the Lessor nor Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. Attestations - Lessee agrees to execute such documents as the Lessor may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 34. No Personal Liability - No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35. Execution in Counterparts - This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 36. 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. 37. 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. 38. 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: For Lessor: For Lessee: Airports Director Key West International Airport Gary Lichtenstein 3491 S. Roosevelt Blvd. 34 Seaside Court South Key West, FL. 33050 Key West, Fl. 33040 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. 39. Governing Law Venue Interpretation - Governing Law, Venue, :Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts .made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the 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. 40. Attorney's Fees and Costs - The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, 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. 41. AIRPORT SECURITY. a) General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The tern also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d) Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport - related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement. e) Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. f) Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. g) Tenant Security Program.. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily.promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. h) Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. (1). Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minitnum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (2). Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (3). Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. (5). Survival of Sub -Section. This sub -section h shall survive the cancellation or tennination of this Agreement, and shall be in full force and effect. i) Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees to hold harmless, indemnify, defend and release the airport operator, and the airport operator's elected and appointed officers and employees, from any claims, actions, causes of action, litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any and all types of injury, including death, loss, damage, fines, penalties, or business interruption of any nature whatsoever, of or to any person or property in connection with the use of the airport property under this Agreement, regardless of causation and including criminal acts of third parties; and especially including any and all fines, penalties, out of pocket expenses, attomey's fees and costs, and costs of remediation or additional security measures required to be implemented by any goven-unental agency (including but not limited to the Federal Aviation Administration and the Transportation Security Administration) resulting from a violation of any federal law or federal regulation. This sub -section shall survive the cancellation or tennination of this Agreement. 42, Mutual Review - This agreement has been carefully reviewed by the Lessee and the Lessor. Therefore, this agreement is not to be construed against either party on the basis of authorship. 43. Final 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. The Remainder of this page has been intentionally left blank. IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE BOUNTY, FLORIDA in ATTEST: By By: Title: ?� Title: Al T PE eau I '711'Zy d BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: County Administrator Bulk Item: Yes X No Department: Office of Management & Budget Staff Contact Person/Phone #: Emie Coughlin X4315 AGENDA ITEM WORDING: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. ITEM BACKGROUND: See attached schedule of items. PREVIOUS RELEVANT BOCC ACTION: See attached schedule of items. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS:N/A REVENUE PRODUCING: Yes No X / AMOUNT PER MONTH Year APPROVED BY: County Atty X urchasing X Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 .Z i0 OI IO O' W� 300 � IMI ,O �I lO,ICQ Ip� 'p�p O t0 c UJ ^ O O 6j f`') ° n V7 o M O, O. 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I a 0. oI =' cI 0 O 04 1N1 O, NI NI I, _1 11C CI E N C CI C O OI l O 1 0- _O O I w Ul f11 o, .o of of o 0 a a Ia IW, NI —1 N a OMB Schedule Item Number 1 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 #310 Big Coppitt Wastewater Cost Center # 23005 Big Coppitt WW Brdge Loan Function 5300 Activity 5350 Offcl/Div# 1021 Revenue: 310-384000GM Debt Proceeds $5,505,194.00 -------------- Total Revenue $5,505,194.00 Appropriations: 310-23005-590207 Transfer to Fund 207 $5,505,194.00 -------------- Total Appropriations: $5,505,194.00 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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA go Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 1 unant 310 23005 Big Coppitt WW Brdge Loan 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 #207 Debt Service Cost Center # 87602 FRUFC Revenue Notes Function 5100 Activity 5170 Offcl/Div# 1000 Revenue: 207-38131OGT Transfer Fm Fund 310 $ 304,656.00 Total Revenue $ 304,656.00 Appropriations: 207-87602-570710 Prinicipal $ 284,656.00 207-87602-570730 Other Debt Svc $ 20,000.00 -------------- Total Appropriations: $ 304,656.00 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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 2 unant 207 87602 FRUFC Revenue Notes OMB Schedule Item Number 3 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 207 Debt Service From: 207-5170-87603-570710 Principal Cost Center #87603 Clean Water SRF Loan For the Amount: $585,344.00 To: 207-5170-87602-570710 Principal Cost Center #FRUFC Revenue Notes 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 16t' day of June, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 3 fund 270 trsf fm 87603 to 87602 OMB Schedule Item Number 4 Resolution No. - 2010 A RESOLUTION AMENDING RESOLUTION NUMBER 408-2009 WHEREAS, Resolution Number 408-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 408- 2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 181h , 2009 is hereby amended: Fund #404 Key West Airport Cost Center #630103 Security Equipment Project #GAKD100 Security Equipment Function#5400 Activity#5420 Official Division# 1018 Revenue: 404-630103-33441OCT State Grants -Transportation $171,275.95 Total Revenue: $171,275.95 Appropriations: 404-630103-530490 Miscellaneous $171,275.95 Total Appropriations: $171,275.95 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 16"' day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 4 amend reso4 408-2009 rlvr unant fund 404 kwia 630103 gakd100 OMB Schedule Item Number 5 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOR I A, 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'1 airport From: 404-5420-63002-560640 Capital Outlay -Equipment Cost Center #63002 R&R For the Amount: $49,927.17 To: 404-5420-63053-530490 Misc Cost Center 963053 KW Planning Studies 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 16th day of June, AD 2010. Mayor Murphy Mayor Pro Tent Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA an (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 5 fund 404 trsf fm 63002 to 63053 OMB Schedule Item Number 6 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund # 404 Key West International Airport Cost Center # 630149 FDOT KW Security 3 Project# GAKD122 FDOT KW Security Function 5400 Activity 5420 Offcl/Div# 1018 Revenue: 404-630149-334410OT-GAKD122 St. Grants -Transportation $250,000.00 Total Revenue $250,000.00 Appropriations: 404-630149-530490-GAKD122-560640 Capital Outlay -Equipment $250,000.00 -------------- Total Appropriations: $250,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA go Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 6 unant fund 404 630149 GAKD122 FDOT KW Security grant Resolution No. - 2010 OMB Schedule Item Number 7 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the amount hereinafter set forth: Fund #158 Misc. Spec. Revenue Fund Revenue: 158-348141SC Misc. Special Revenue Fund $2,855.22 ------------- Total Revenue $2,855.22 Appropriations: 158-5640-04586-530340 Other Contractual Service $2,855.22 Total Appropriations: $2,855.22 Revenue: 158-348142SC Misc. Special Revenue Fund $2.855.22 ------------- Total Revenue $2,855.22 Appropriations: 158-5810-86549-590001 Budgeted Transfers $2,855.22 Total Appropriations: $2,855.22 Revenue: 158-348145SC Misc. Special Revenue Fund $2,855.21 ------------ Total Revenue $2,855.21 Appropriations: 158-5210-68627-530340 Other Contractual Service $2,855.21 Total Appropriations: $2,855.21 Item 7 unant fund 158 Grim add costs page 1 Revenue: 158-348144SC NUsc. Special Revenue Fund $2,855.21 Total Revenue $2,855.21 Appropriations: 158-6010-82506-530340 Other Contractual Service $2,855.21 Total Appropriations: $2,855.21 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16'h day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA f: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 7 unant fund 158 Grim add costs page 2 OMB Schedule Item Number 8 Resolution No. -2010 A RESOLUTION AMENDING RESOLUTION NUMBER 396-2009 WHEREAS, Resolution Number 396-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 396- 2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18`h , 2009 is hereby amended: Fund #406 PFC & Oper. Rrestrictions Cost Center #636104 RSA — P & S Project #GAKDP101 RSA — P & S Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636104-33141OCT Federal Grants-Transp. $66,170.35 406-636104-33441OCT State Grants -Transportation $ 1,741.33 Total Revenue: $ 67,911.68 Appropriations: 406-636104-560630 Capital Outlay Infrastructure $67,911.68 Total Appropriations: $67,911.68 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 16`h day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 8 amend reso4396-2009 rlvr unant 636104 gakdp I01 OMB Schedule Item Number 9 Resolution No. - 2010 A RESOLUTION RESCINDING RESOLUTION NO. 398-2009 WHEREAS, Resolution Number 398-2009, heretofore enacted for the purpose of receipt of unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 398-2009 previously set up in the Monroe County Budget for the purpose of receipt of unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18'', 2009, is hereby rescinded: Fund #404 Key West Int'I Airport FAA Proj.# 037-033 Cost Center # 630129 DBE Implementation 037-33 Project # GAKA126 DBE Implementation 037-33 Function#5400 Activity#5420 Official Division#1018 Revenue: 404-630129-3314100T Federal Grants -Transportation 8,002.32 Total Revenue: $ 8,002.32 Appropriations: 404-630129-530490 Miscellaneous 8,002.32 Total Appropriations: $ 8,002.32 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16`h day of June AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLFIAGE, Clerk Item 9 rescind reso#398-2009 rlvr unant fund 630129 gakal26 FAA proj#037-033 OMB Schedule Item Number 10 Resolution No. - 2010 A RESOLUTION RESCINDING RESOLUTION NO. 402-2009 WHEREAS, Resolution Number 402-2009, heretofore enacted for the purpose of receipt of unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 402-2009 previously set up in the Monroe County Budget for the purpose of receipt of unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18,h, 2009, is hereby rescinded: Fund #404 KWIA FAA Grant Agreement Project #3-12-0037-035-2008 Cost Center #630135 DBE 037-35 Project #GAKA130 DBE 037-35 Revenue: 404-5420-630135-33141OCT Federal Grants -Transportation $2,375.00 Total Revenue: $2,375.00 Appropriations: 404-5420-630135-530490 Miscellaneous $2,375.00 $2,375.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16t' day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA go (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 10 rescind reso#402-2009 rlvr unant Fund 404 630135 GAKA130 OMB Schedule Item Number 11 Resolution No. - 2010 A RESOLUTION AMENDING RESOLUTION NUMBER 399-2009 WHEREAS, Resolution Number 399-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 399-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18`h , 2009 is hereby amended: Fund # 404 Key West Int'I Airports Cost Center# 630130 TSA Law Enforcement Grant Agreement# HSTS0208HSLR360 Function # 5200-Public Safety CFDA# 97.090 Activity #5210-Law Enforcement Grant Period:10/1/07-9/30/12 Official/Division #1018 Airports Project# GAKW127 TSA Law Enforcement Grant Revenue: 404-630130-3312000S Federal Grants -Public Safety $183,699.42 Total Revenue Appropriations: ------------ $183,699.42 404-5210-630130-530490 Miscellaneous $183,699.42 Total Appropriations: $183,699.42 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16t' day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 11 amend reso#399-2009 rlvr unant Fund 404 630130 GAKW 127 TSA Law Enforcement grant OMB Schedule Item Number 12 Resolution No. - 2010 A RESOLUTION AMENDING RESOLUTION NUMBER 400-2009 WHEREAS, Resolution Number 400-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 400- 2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18th , 2009 is hereby amended: Fund #406 PFC & Oper. Restrictions Cost Center # 636133 NIP Phase 6 Construction Project # GAKAP127 NIP Phase 6 Construction Function # 5400 Activity # 5420 Official Division # 1018 FAA Grant Agreement Project # 3-12-0037-036-2008 Revenue: 406-636133-3314100T Federal Grant- Transportation $ 981,083.49 Total Revenue: $ 981,083.49 Appropriations: 406-636133-530490 Miscellaneous $ 981,083.49 Total Appropriations: $ 981,083.49 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 16th day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 12 amend reso#400-2009 rlvr unant Fund 406pfc 636133 gakap127 OMB Schedule Item Number 13 Resolution No. -2010 A RESOLUTION AMENDING RESOLUTION NUMBER 401-2009 WHEREAS, Resolution Number 401-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 401- 2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18te , 2009 is hereby amended: Fund #406 PFC & Oper. Restrictions FAA Grant Agreement Project #3-12-0037-035-2008 Cost Center #636134 RSA Phase 2 (Final) Project #GAKAP129 RSA Phase 2 (Final) FDOT Financial Project #41253519401 Contract #ANJ94 Revenue: 406-5420-636134-33141OCT Federal Grants -Transportation $3,199,551.70 406-5420-636134-33441OCT State Grants -Transportation $ 84,198.72 Total Revenue: $3,283,750.42 Appropriations: 406-5420-636134-560630 Capital Outlay -Infrastructure $3,283,750.42 Total Appropriation: $3,283,750.42 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA NJ Mayor/Chairman (Seal) Attest: DANNY L. KOLRAGE, Clerk Item 13 amend reso#401-2009 r1vr unapt Fund 406pfc 636134 GAKAP129 OMB Schedule Item Number 14 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 #403 Marathon Airport Cost Center #63558 Airfield Lighting Generator Project #GAMA55 Airfield Lighting Generator Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63558-33141 OCT-GAMA55 403-63558-381406GT Total Revenue: Appropriations: 403-63558-560640-GAMA55-560640 Total Appropriations: Federal Grants Transportation $ 41,147.00 Transfer From 406 $ 0.00 $ 41,147.00 Capital Outlay Equipment $ 41,147.00 $ 41,147.00 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 16te day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo (Seal) Attest: DANNY L. KOLI AGE, Clerk Mayor/Chairman Item 14 unant fund 403 63558 gama55 OMB Schedule Item Number 15 Resolution No. - 2010 A RESOLUTION AMENDING RESOLUTION NUMBER 405-2009 WHEREAS, Resolution Number 405-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 405- 2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18`h , 2009 is hereby amended: Fund #403 Marathon Airport Cost Center #63559 Electrical Lighting Vault Project #GAMA56 Electrical Lighting Vault Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63559-33141OCT Federal Grants Transportation $393,265.00 403-63559-381406GT Transfer From 406 $ 20,698.16 Total Revenue: $413,963.16 Appropriations: 403-63559-560620 Capital Outlay Building $413,963.16 Total Appropriations: $413,963.16 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 16`h day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 15 amend reso#405-2009 rlvr unant 63559 gama56 OMB Schedule Item Number 16 Resolution No. -2010 A RESOLUTION AMENDING RESOLUTION NUMBER 406-2009 WHEREAS, Resolution Number 406-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 406- 2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18`h , 2009 is hereby amended: Fund #403 Marathon Airport Cost Center #63560 Replace Perimeter Fence A&E, Const Project #GAMA57 Replace Perimeter Fence A&E, Const Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63560-33141OCT Federal Grants Transportation $224,615.57 403-63560-381406GT Transfer From 406 $ 11,822.00 Total Revenue: $236,437.57 Appropriations: 403-63560-560630 Capital Outlay Infrastructure $236,437.57 Total Appropriations: $236,437.57 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 16t' day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 amend reso#406-2009 rlvr unant 63560 gama57 OMB Schedule Item Number 17 Resolution No. - 2010 A RESOLUTION AMENDING RESOLUTION NUMBER 412-2009 WHEREAS, Resolution Number 412-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 412-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 181h , 2009 is hereby amended: Fund #406 PFC Cost Center # 636143 Obst Clrng RW 9/27 037-39 Project# GAKAP136 Obst Clrng RW 9/27 037-39 Offcl/Div# 1018 Function 5400 Activity 5420 Revenue: 406-636143-3314100T Fed Grants-Transp Airport Dev't $8,150.71 Total Revenue $8,150.71 Appropriations: 406-636143-530490 Misc $8,150.71 Total Appropriations: $8,150.71 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 16`b day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 17 amend reso#412-2009 rlvr unant Fund 406 636143 GAKAP136 FAA#037-39 OMB Schedule Item Number 18 Resolution No. -2010 A RESOLUTION AMENDING RESOLUTION NUMBER 413-2009 WHEREAS, Resolution Number 413-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 413-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18th , 2009 is hereby amended: Fund #404 Key West Int'1 Airport Cost Center # 630144 DBE 037-39 Project# GAKA137 DBE 037-39 Offcl/Div# 1018 Function 5400 Activity 5420 Revenue: 404-630144-3314100T Fed Grants-Transp Airport Dev't $4,085.62 Total Revenue $4,085.62 Appropriations: 404-630144-530490 Misc $4,085.62 Total Appropriations: $4,085.62 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of June AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIZZ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 18 amend reso#413-2009 rlvr unant Fund 404 630144 GAKA137 FAA#037-39 OMB Schedule Item Number 19 Resolution No. - 2010 A RESOLUTION AMENDING RESOLUTION NUMBER 416-2009 WHEREAS, Resolution Number 416-2009, heretofore enacted for the purpose of transferring funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 416-2009 previously set up in the Monroe County Budget for the purpose of transferring funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 18`' , 2009 is hereby amended: Fund # 406 PFC & Oper. Restrictions From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $1,741.33 To: 406-5420-636104-560630 Capital Outlay -Infrastructure Cost Center #636104 RSA P&S From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center 963603 PFC For the Amount: $152.95 To: 406-5420-636128-530490 Misc Cost Center #636128 AP Clrng From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $51,635.97 To: 406-5420-636133-530490 Misc Cost Center #636133 NIP Ph 6 Const From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $84,198.72 To: 406-5420-636134-560630 Capital Outlay -Infrastructure Cost Center #636134 RSA Ph 2 From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $122.81 To: 406-5420-636140-530490 Misc Cost Center #636140 NIP Ph 7 Design From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $1,400.00 To: 406-5420-636141-530490 Misc Cost Center #636141 Noise Contour Update From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $428.98 Item 19 reso#416-2009 fund 406 PFC grant match transfers pg 1 To: 406-5420-636143-530490 Misc Cost Center #636143 Obst Clrng RW 9/27 From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $21.15 To: 406-5420-636142-530490 Misc Cost Center #636142 NIP Ph 6 Const #2 From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $127,415.05 To: 406-5420-636146-530490-GAKAP139-530340 Other Contractual Svcs Cost Center #636146 NIP Ph 7 Const From: 406-5420-63603-560620 Capital Outlay -Bldg Cost Center #63603 PFC For the Amount: $1,673.20 To: 406-5420-636148-530490-GAKAP141-530310 Prof Svcs Cost Center #636148 Noise Contour Update 037-41 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 16u' day of June, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 19 reso#416-2009 fund 406 PFC grant match transfers pg 2 OMB Schedule Item Number 20 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of 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 #406 PFC Cost Center # 636140 NIP Ph 7 Design Function#5400 Activity#5420 Project # GAKAP134 NIP Ph 7 Design Revenue: 406-636140-331410OT-GAKAP134 Total Revenue: FAA Grant# 037-037 Official Division#1018 Appropriations: 406-636140-530490-GA KAP 134-530310 Total Appropriations: Federal Grants -Transportation Prof Svcs $10,294.12 $10,294.12 $10,294.12 $10,294.12 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 161h day of June, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 20 unant fund 406 636140 gakap134 faa grant#037-37 OMB Schedule Item Number 21 Resolution No. -2010 A RESOLUTION AMENDING RESOLUTION NUMBER 423-2009 WHEREAS, Resolution Number 423-2009, heretofore enacted for the purpose of transferring funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 423- 2009 previously set up in the Monroe County Budget for the purpose of transferring funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 180 , 2009 is hereby amended: Fund 4404 Key West Int'l Airport From:404-5420-63002-560640 Cost Center #63002 Key West Airport R&R For the Amount: $0.00 To: 404-5420-630129-530490 Cost Center 4630129 DBE Imp 037-33 From:404-5420-63002-560640 Cost Center #63002 Key West Airport R&R For the Amount: $0.00 To: 404-5420-630135-560630 Cost Center #630135 DBE 037-35 From:404-5420-63002-560640 Cost Center #63002 Key West Airport R&R For the Amount: $2,113.28 To: 404-5420-630139-560630 Cost Center #630139 DBE 037-37 From:404-5420-63002-560640 Cost Center #63002 Key West Airport R&R For the Amount: $215.03 To: 404-5420-630144-560630 Cost Center #630144 DBE 037-39 Capital Outlay -Equipment Misc. Capital Outlay -Equipment Capital Outlay- Infrastructure Capital Outlay -Equipment Capital Outlay- Infrastructure Capital Outlay -Equipment Capital Outlay- Infrastructure 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 16th day of June, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 21 amend reso#423-2009 fund 404 tmsfrs fin 63002 grant match pg 1 OMB Schedule Item Number 22 Resolution No. 2010 A RESOLUTION AMENDING RESOLUTION NUMBER 431-2009 WHEREAS, Resolution Number 431-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 431- 2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on November 181h , 2009 is hereby amended: Fund #406 PFC Cost Center # 636142 NIP Ph 6 Const #2 037-37 FAA Grant# 037-037 Function#5400 Activity#5420 Official Division#1018 Project # GAKAP132 NIP Ph 6 Const #2 037-37 Revenue: 406-636142-3314100T Federal Grants -Transportation $402.00 Total Revenue: $402.00 Appropriations: 406-636142-530490 Misc $402.00 Total Appropriations: $402.00 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 16`h day of June, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ma (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 22 amend reso#431-2009 rlvr unant fund 406 pfc 636142 gakap132 OMB Schedule Item Number 23 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 # 6153610 — Alzheimer's Disease Initiative Function 5600 Activity 5640 Division 1016 Revenue: 125-6153610-334690OH- State Grants $ 56,746.00 125-6153610-369001SH- Program Income 0.00 125-6153610-38100IGT Trnsfer fin Gen. Fund 001 0.00 Total Revenue $ 56,746.00 Appropriations: 125-6153610-510120-Salaries $ 9,653.00 125-6153610-510210-Fica 738.00 125-6153610-510220-Retirement 951.00 125-6153610-510230-Group Insurance 1,448.00 125-6153610-510240-Worker's Compensation 0.00 125-6153610-530340-Other Contract Services 42,956.00 125-6153610-530400-Travel 1,000.00 125-6153610-530410-Phone & Postage 0.00 125-6153610-530451-Risk Management 0.00 125-6153610-530470-Printing 0.00 125-6153610-530498-Advertising 0.00 125-6153610-530510-Office Supplies 0.00 125-6153610-530520-Operating Supplies 0.00 Total Appropriations: $56,746.00 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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 23 uant adi kz 1097 FY10-11 6153610 OMB Schedule Item Number 24 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 # 6153910 — Home Care for the Elderly Function 5600 Activity 5640 Revenue: 125-6153910-334690011- State Grants $16,560.00 125-6153910-38100IGT — Tnsfr fm Gen. Fund 001 0.00 Total Revenue $16,560.00 Appropriations: 125-6153910-510120-Salaries $ 8,607.00 125-6153910-510210-Fica 707.00 125-6153910-510220-Retirement 911.00 125-6153910-510230-Group Insurance 1,387.00 125-6153910-510240-Worker's Compensation 0.00 125-6153910-530310-Professional Services 4,448.00 125-6153910-530400-Travel 500.00 125-6153910-530451-Risk Management 0.00 125-6153910-530520-Operating Supplies 0.00 Total Appropriations: $16,560.00 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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 24 uant hce kh 1072 fy10-11 6153910 OMB Schedule Item Number 25 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 # 6153809 — Community Care for the Elderly Function 5600 Activity 5640 Offcl/Div# 1016 Revenue: 125-6153809-334690OH- State Grants $ 8,195.00 125-6153809-369001SH- Program Income 0.00 125-6153809-381001GT- Trnsfr fm Gen. Fund 0.00 Total Revenue $ 8,195.00 Appropriations: 125-6153809-510120-Salaries $ 0.00 125-6153809-510210-Fica 0.00 125-6153809-510220-Retirement 0.00 125-6153809-510230-Group Insurance 0.00 125-6153809-510240-Worker's Compensation 0.00 125-6153809-530310-Professional Services 0.00 125-6153809-530340-Other Contract Services 8,195.00 125-6153809-530400-Travel 0.00 125-6153809-530410-Phone & Postage 0.00 125-6153809-530451-Risk Management 0.00 125-6153809-530460-Repairs & Maintenance 0.00 125-6153809-530470-Printing 0.00 125-6153809-530498-Advertising 0.00 125-6153809-530510-Office Supplies 0.00 125-6153809-530520-Operating Supplies 0.00 Total Appropriations: $ 8,195.00 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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington _ Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 25 uant cce kc971 09-10 6153809 amend#6 OMB Schedule Item Number 26 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 # 6153810 — Community Care for the Elderly Function 5600 Activity 5640 Offcl/Div# 1016 Revenue: 125-6153810-334690OH- State Grants $461,760.00 125-6153810-369001SH- Program Income 0.00 125-6153810-381001GT- Trnsfr fm Gen. Fund 0.00 Total Revenue $461,760.00 Appropriations: 125-6153810-510120-Salaries $161,310.00 125-6153810-510210-Fica 13,899.00 125-6153810-510220-Retirement 17,897.00 125-6153810-510230-Group Insurance 27,254.00 125-6153810-510240-Worker's Compensation 0.00 125-6153810-530310-Professional Services 0.00 125-6153810-530340-Other Contract Services 227,400.00 125-6153810-530400-Travel 14,000.00 125-6153810-530410-Phone & Postage 0.00 125-6153810-530451-Risk Management 0.00 125-6153810-530460-Repairs & Maintenance 0.00 125-6153810-530470-Printing 0.00 125-6153810-530498-Advertising 0.00 125-6153810-530510-Office Supplies 0.00 125-6153810-530520-Operating Supplies 0.00 Total Appropriations: $461,760.00 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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 26 uant cce kc1071 fy10-11 6153810 OMB Schedule Item Number 27 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 001 General Fund From: 001-5370-01521-530340 Other Contract Services Cost Center #01521 Exotic Wild Bird Rescue For the Amount: $5,000.00 To: 001-5370-01520-530340 Other Contract Services Cost Center #Marathon Wild Bird Center 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 16t' day of June, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 27 fund 001 trsf fin 01521 to 01520 OMB Schedule Item Number 28 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 # 6153710 — Community Care for Disabled Adults Function 5600 Activity 5640 Offcl/Div# 1016 Revenue: 125-6153710-3346900H State Grants $81,733.00 125-6153710-38100IGT Trnsfr fm Gen. Fund 001 9,081.00 Total Revenue $90,814.00 Appropriations: 125-6153710-510120-Salaries $30,814.00 125-6153710-510210-Fica 1,000.00 125-6153710-510220-Retirement 1,000.00 125-6153710-510230-Group Insurance 2,000.00 125-6153710-510240-Worker's Compensation 2,000.00 125-6153710-530340-Other Contract Services 4,000.00 125-6153710-530400-Travel 1,000.00 125-6153710-530410-Communications & Postage 500.00 125-6153710-530451-Risk Management 2,000.00 125-6153710-530470-Printing 500.00 125-6153710-530491-Food & Dietary 45,000.00 125-6153710-530510-Office Supplies 500.00 125-6153710-530520-Operating Supplies 500.00 Total Appropriations: $90,814.00 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 16'h day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA f0 Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 28 uant ccda kg065 FYI 0-11 6153710 OMB Schedule Item Number 29 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 # 162 Law Enforcement Trust Cost Center # 68801 LETF Function 5200 Activity 5210 Offcl/Div# 2020 Revenue: 162-361005GI Interest Earnings $ 17,664.70 ------------- Total Revenue $ 17,664.70 Appropriations: 162-5210-68801-530490 Miscellaneous $ 17,664.70 ------------- Total Appropriations: $ 17,664.70 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 29 unant fund 162 68801 LETF OMB Schedule Item Number 30 Resolution No. -2010 A RESOLUTION AMENDING RESOLUTION NUMBER 126-2010 WHEREAS, Resolution Number 126-2010, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 126-2010 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on May 19t` , 2010 is hereby amended: Fund #125 — Governmental Fund Type Grants Cost Center # 22540 Trafic Signal Maintenance Project # GM1001 Trafic Signal Maintenance Function 5400 Activity 5410 Offcl/Div# 1013 Contract Number: A-PP06 Financial Project # 405576-1-88-03 F.E.I.D. # VF596-000-749-099 Revenue: 125-22540-33449OCT-GM1001 State Grants -Transportation $10,514.22 ------------ Total Revenue $10,514.22 Appropriations: 125-22540-560630-GM1001-560630 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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIN Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 31 amend reso#126-2010 unant 125 22540 GM1001 Traffic Signal Maintenance OMB Schedule Item Number 31 Resolution No. -2010 A RESOLUTION AMENDING RESOLUTION NUMBER 127-2010 WHEREAS, Resolution Number 127-2010, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 127-2010 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on May 19'h , 2010 is hereby amended: Fund #125 — Governmental Fund Type Grants Cost Center # 22541 Tom's Harbor Channel Brdge Project # GM1002 Tom's Harbor Channel Brdge Function 5400 Activity 5410 Offcl/Div# 1013 CSFA 55.009 Financial Project # 428550-1-58-01 Revenue: 125-22541-33449OCT-GM1002 125-22541-381102GT-GM1002 Total Revenue Appropriations: 125-22541-560630-GM 1002-560630 Total Appropriations: State Grants -Transportation $1,159,433.00 Transfer fin Fund 102 $ 411,347.00 $1,570,780.00 Capital Outlay -Infrastructure $1,570,780.00 $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 16th day of June AD 2010. Mayor Murphy Mayor Pro Tent Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 31 amend reso# 127-2010 unant 125 22541 GM 1002 Toms Harbor Channel Brdge BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Bulk Item: Yes X No Division: Budget & Finance Department: OMB Staff Contact Person/Phone #: Penny Kipp X4470 AGENDA ITEM WORDING: Approval to advertise a public hearing for a Budget Amendment for Affordable Housing Programs Special Revenue Fund 100. ITEM BACKGROUND: To align the budget with revenues and expenditures of on -going costs in Fund 100. PREVIOUS RELEVANT BOCC ACTION: Last month, May 19, 2010, the BOCC approved the Disaster Recovery Contract #I01313-K4-11-54-02-K24 with the State of Florida Department of Community Affairs for a countywide Disaster Recovery Initiative program related to 2008 storm disasters. On January 20, 2010, the BOCC approved Resolution 019-2010 which authorized the use of $300,000 to be used from Fund 100 to provide working capital for Monroe County's Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) program. On October 21, 2009, the BOCC approved Resolution 384-2009 which authorized the submission of Disaster Recovery Initiative 2008 Tropical Storm Fay applications or requests for funding. It also authorized the Monroe County Housing Authority to prepare the applications and administer the program. On September 23, 2009, the BOCC adopted the FY2010 Operating and Capital Budgets. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: N/A SOURCE OF FUNDS: Fund Balance Fund 100 REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year 4 APPROVED BY: County Atty /Purchasing Risk Management _ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/27/01 -- A to to �o O O O c-i ri ArD HH rA OOO Ln Ln i (V N N r R: rrrYYYWrY� H W O O O O Co O O p 4Uoo O 0OO o 0 00 00 00 d' CON O CD W U) O t0 p Hey D\ dl Ol O rO-1 �NOo Lr Ln M r- o Ln n N N N r-I (n M W O O O 0 0 0 O O 00 O OOO O O EAE+ A o0 0 0 0 F W Ln Lr In n n W WZ o0 0 000 0 0 m N a Wo O Aa aw �x O w� a W o0 0 000 0 E- a o0 0 000 0 0 cn Ow HqHH Wz W� a04 aH W W a W 7 O z _ O CHJ] O 0 j Ox a, a w ca m o cn + 271ri D O 000 x r 4 w� Ln H A W o SON EIS rY,O i\Ln Hw xa o r-,E Ln v U r.. U aO(n (� i •• z E+ Ln m OH OU] ao0 HEi oO E+ �h w0 qzQ �� i IS�H mr1 000 O p W 00 p 000 O p OD* CD OO 4 CO N O p Ln O to d+ Vl LO M M M O .-i ri Ln Ln NN N oN0 O p Ln Ln Ln !n O to to N N N `-.I M M I El H Cf2 H H a 0 W H U 04 z a I �k C7 ao W I aw H art c� .w-1 E W O IZi W 2 A E Ua x ma C) o x H E W W OUw] Gt:U� W w � E� ROr' W O > C4 z � J t�� W w Oc^" x Cal 44 Cti Co Co W C L E+ a a O I WF�4 1G�1 tz ��h GC 00 r-, E, rx U a E * 0 OO 0H o iv it: MONROE COUNTY, FLORIDA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL AFFORDABLE HOUSING PROGRAMS SPECIAL REVENUE FUND FOR THE YEAR ENDED SEPTEMBER 30, 2009 Variance with Final Budget Original Final Positive Budget Budget Actual (Negative) REVENUES: Investment Income $ 10,000 $ 10,000 $ 8,958 $ (1,042) I EXPENDITURES: Current: Economic Environment: Affordable Housing Initiatives 294,423 294,423 10,374 284,049 Excess/Deficiency of Revenues Over/(Under) Expenditures (284,423) (284,423) (1,416) 283,007 Other Financing Sources/(Uses): Reserve for Contingencies (73,606) (73,606) - 73,606 Net Change in Fund Balances (358,029) (358,029) (1,416) 356,613 ' Fund Balances, October 1 358,029 358,029 379,044 21,015 Fund Balances, September 30 $ - $ - $ 377,628 $ 377,628 0 C ' 377,626� 6 0`8 f302, a 37728= t Q'85 x0 G-29 1 Kipp -Penny From: Wood -Liz Sent: Tuesday, May 04, 2010 7:16 PM To: Gastesi-Roman; Frederick -Debbie; Slavik-Maria; Boan-Tina Cc: 'hsijob@aol.com'; Kipp -Penny Subject: DCA 2008 Disaster Recovery CDBG Program Contract Attachments: AIS, Contract Summary and 4-14-10 Agreement. pdf The attached contract provides Community Block Development Grant Disaster Recovery housing rehabilitation assistance to income qualified households who sustained damage to their home during the 2008 storm season. It provides $2.4 million in housing assistance. These funds may also be used to assist qualified households who did not sustain storm damage, but are required to make a central sewer service connection. Resolution 384- 2009 authorized up to $10,000 from Fund 100 for start up costs associated with preparation of applications and Housing Assistance Plans required to obtain the grant. Resolution 019-2010 authorized $300,000 from Fund 100 to provide working capital which will be reimbursed by the grant. I will be routing the Contract Summary for signature tomorrow for inclusion on the May 19 agenda. Maria, Tina — Please let me know when you are available and we will bring to you then send down to Administrator's office. Elizabeth A. Wood Senior Administrator - Monroe County, Sewer Projects 1100 Simonton Street, Suite 2-216 Key West, FL 33040 305-292-4525 `; ` Please consider the environment before printing this email HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: littp://monroecofl.virtualtownhall.net/Pages/MonroeCoFL WebDocs/css Your feedback is important to usl Please note: Florida has a very broad public records law. Most written communications MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I Contract with: DCA CONTRACT SUMMARY Contract # Effective Date: Expiration Date: 1 ODB- K4-11-54-O2-K24 DCA Signature 24 months after eff. date Contract Purpose/Description: This contract provides Community Block Development Grant Disaster Recovery housing rehabilitation assistance to income qualified households who sustained damage to their home during the 2008 storm season. These funds may also be used to assist qualified households who did not sustain storm damage, but are required to make a central sewer service connection. Resolution 384-2009 authorized up to $10,000 from Fund 100 for start up costs associated with preparation of applications and Housing Assistance Plans required to obtain the grant. Resolution 019-2010 authorized $300,000 from Fund 100 to provide working capital which will be reimbursed by the grant. Contract Manager: Elizabeth Wood 4525 Wastewater/#I (Name) (Ext.) (Department/Stop #) for BOCC meeting on May 19, 2010 Agenda Deadline: May 4, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 2,488,963 Current Year Portion: $ 300,000 Budgeted? Yes® No ❑ Account Codes: 100- - - - Grant: 2,488,963 - - - - County Match: $ Not required - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $NA/yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director Yes❑ No❑ I Risk Management Yes❑ No❑ I O.M.B./Purchasing Yes❑ Non I County Attorney Yes❑ No❑ I Comments: i OMB Form Revised 2/27/01 MCP #2 Reviewer Date Out RESOLUTION 019 - 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE USE OF RECAPTURED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND 100 PROGRAM FUNDS AND INTEREST IN THE AMOUNT OF $300,000 TO PROVIDE WORKING CAPITAL FOR THE MONROE COUNTY'S DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ON BEHALF OF LOW TO MODERATE INCOME RESIDENTS COUNTYWIDE. WHEREAS, the State of Florida Department of Community Affairs (DCA) has announced the Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) Program for which Monroe County is allocated $2,488,963 for a countywide Disaster Relief Program; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has announced effective immediately that CDBG funding on a draw -down basis must be expended within 3 business days of receipt which makes the draw down process very difficult to implement; and WHEREAS, Monroe County has sufficient funds available as a result of recaptured CDBG Fund 100 funds and associated interest earnings which are restricted for use on CDBG eligible activities subject to the Board of County Commissioners approval to fund Disaster Recovery Activities prior to reimbursement by DCA. NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners that the County hereby: Authorizes the commitment of recaptured CDBG Fund 100 funds and interest in an amount not to exceed $300, 000 from Fund 100 on a revolving basis for Disaster Recovery CDBG eligible housing rehabilitation activities. Said funds to be made available to make Disaster Recovery payments as proposed in the Monroe County Disaster Recovery Initiative 2008 Tropical Storm Faye CDBG Program 's Disaster Recovery DCA approved Grant Award budget. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 20`h day of January 2010. Mayor Sylvia Murphy Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Mario DiGennaro Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes �3VY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER MONROE COUNTY, FL DA By: 7- Deputy Cler By.-4!� Mayor Sylvi Murphy Approved as to legal sufficiency: Date: ATT RNEY 3 p '*1 R �n> m r m &ASSISTANTCgN CDM 2c o Y Ni TORNEY C!i Date ca = rn to OA 'T' v �� rn RESOLUTION NO. 384 , 2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF APPLICATIONS OR REQUESTS FOR 2008 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION FOR DISASTER RECOVERY INITIATIVE — TROPICAL STORM FAYE FUNDING, AUTHORIZING THE MAYOR AND/OR COUNTY ADMINISTRATOR TO EXECUTE APPLICATIONS, AWARD AGREEMENTS, PROGRAM DOCUMENTS, REPORTS AND CLOSE OUT DOCUMENTATION, AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO PREPARE THE APPLICATION AND ADMINISTER THE PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development has made an allocation of $81,063,855 of Disaster Recovery Initiative Funding for the State of Florida; and WHEREAS, the State of Florida Department of Community Affairs prepared a draft action plan for the use of the 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,963 to Monroe County, Florida for a county wide program; and WHEREAS, 14% of this award or $348,417 must be utilized for activities that address affordable rental housing and sub -grantees are encouraged to work with public housing authorities or other qualified non profits to accomplish this requirement; and WHEREAS, eligible activities include infrastructure, public facilities, business or commercial activities and housing; and WHEREAS, the infrastructure, public facilities and business or commercial activities can only take place in low to moderate income (very low and low income) service areas; and WHEREAS, award recipients cannot use this disaster assistance for a project or activity that was undertaken prior to the Presidential Disaster Declaration; and area; and WHEREAS, housing is an eligible activity that does not require a target WHEREAS, the Department of Community Affairs Action Plan requires that funds be made available countywide; and WHEREAS, the application for grant funding is due December 15, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding. 2. Authorizes the Mayor and/or the County Administrator to execute applications, award agreements, program documents and reports and close out documents. 3. Authorizes the Monroe County Housing Authority to prepare the applications and administer the program. 4. Authorizes up to $10, 000 from Fund 100 CDBG Program Income for start up costs associated with preparing the applications and preparing a Disaster Recovery Housing Assistance Plan and inter -go vernmental agreements for the Board of County Commissioners approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 21st day of a %o 2009. October, cr a o— �a Mayor George Neugent tp -Yes Mayor Pro Tem Sylvia Murphy Yes w x �;=� ; Commissioner Mario DiGennaro yes —' o s Commissioner Kim Wigington Yes Commissioner Heather Carruthers yes L. KOLHAGE, Clerk By: Deputy Cle Approved as to legal sufficiency: Date: BOARD OF COUNTY COMMISSIONER OF MONRO COUNTY, FLORIDA By: y �4' b-&ftq� Mayor George Neugent E COUFJTY tU .LY RO D AS i' �t.Ol�Gt DR 0 J. RCAOO ASSISTANTCO TYATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Bulk Item: Yes ® No ❑ Division: OMB Department: Grants Administration Staff Contact Person: Lisa Tennyson 292-4444 AGENDA ITEM WORDING: Approval of amendment to agreement with the Marathon Wild Bird Center, Inc. to reflect a change in the grant award. ITEM BACKGROUND: This not -for -profit organization is BOCC-funded. The Commission directed staff to transfer the unused funds in the amount of $5,000 from a rescinded agreement with the Florida Keys Wildlife Rescue (in Big Pine) to the Marathon Wild Bird Center. PREVIOUS RELEVANT BOCC ACTION: Approval of current contract October 2009. CONTRACT/AGREEMENT CHANGES: Contract is amended to reflect a change in the grant funding amount from $5,000 to $10,000. STAFF RECOMMENDATION: approval TOTAL COST: $ 10,000 BUDGETED: Yes ® No ❑ COST TO COUNTY: $10,000 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH Q YEAR APPROVED BY: COUNTY ATTY/� / RCHASING ❑ RISK MANAGEMENT Wo�). DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Marathon Wild Bird Center Effective Date:6 16 10 Expiration Date: 9 30 10 Contract Purpose/Description: Amendment to existing agreement to increase funding from $5,000 to 10,000 Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on 6 16 10 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $10,000 Current Year Portion: $10,000 Budgeted? Yes® No ❑ AccountCodes: Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date Needed Reviewer I Division Director In, Yes 411/./0 Risk Management Yes❑ No❑ O.�� M.B./Purch sing 1 /0 Yes❑ No6 County Attorney �� �' Yes❑ NO Comments: OMB Form Revised 9/11/95 MCP #2 AMENDMENT TO AGREEMENT This Amendment to Agreement is made and entered into this 161h day of June, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY," and The Marathon Wild Bird Center, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the COUNTY and the PROVIDER entered into an agreement on October 21, 2009, regarding the provision of wild bird rescue programs in Monroe County; and WHEREAS, the COUNTY desires to amend said agreement to include additional funding to PROVIDER; NOW, THEREFORE, SECTION 1. Paragraph 1 of the original agreement is amended to read as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for wild bird rescue programs in Monroe County, Florida, shall pay to the PROVIDER the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) for fiscal year 2009-2010. SECTION 2. Except as specifically provided in this amendment, all other provisions of the agreement dated October 21, 2009, not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor Marathon Wild Bird Center, Inc. (Federal ID No. By Name and Title 2 AGREEMENT This Agreement is made and entered into this 21st day of October, 2009, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Marathon Wild Bird Center, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of wild bird rescue programs, and WHEREAS, it is a legitimate public purpose to provide facilities and services for wild bird rescue programs, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING I. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for wild bird rescue Programs in Monroe County, Florida, shall pay to the PROVIDER the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) for fiscal year 2009-2010. 2. TERM. This Agreement shall commence on October 1, 2009, and terminate September 30, 2010, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves for reimbursement, the Board shall reimburse the PROVIDER. However, the total h of esaidstreimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or funds provided under this agreement, shall become the roe personal, Purchased with accounted for pursuant to statutory requirements. p p m' °f Monroe County and shall be Contract - Marathon Wild Bird Center, Inc. FY10; page 1 RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly principles consistently applied pertinent to performance under this Agreement in accordance with generally accepted accounting . 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 far public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (9) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract - Marathon Wild Bird Center Inc. FYI0; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1S. INDEPENDENT CONTRACTOR. At all times and for all purposes , the PROVIDER is an independent contractor and not an employee of the Board. hereunder Nostatement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract - Marathon Wild Bird Center, Inc. FY10; page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted Agreement, County and PROVIDER agree to participate, to the ext ntrequired by he otheror breachopatrty against either party relating to the formation, execution, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which a conditions and provisions as the Board may deem necessary Val Th sll agreementtsto hall suchshallincorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval event be deemed to impose any obligation upon the Board in addition to thelltotal ag eedin nonupoor n reimbursement amount for the services of the PROVIDER. Contract - Marathon Wild Bird Center, Inc. FYI 0; page 4 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract - Marathon Wr/d Bird Center Inc. FY10; page 5 GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Kelly Grinter, Executive Director Marathon Wild Bird Center, Inc. P.O. Box 501328 Marathon, Florida 33050 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie Florida. nthe appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract - Marathon Wild Bird Center, Inc. FY10; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Marathon Wild Bird Center Inc. FY10; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLFAGE; CLERK B y eputy Clerk - Witness Contract - Marathon Wild Bird Center, Inc. FY10; page 8 BOARD OF COUNTY COMMISSIONERS OF MO ROE COUNTY FLORIDA By � Mayor/Chairman Marathon Wild Bird Center, Inc. (Federal ID No.�,', c7 - tO I ) Pre ent —� MONROE COUNTY ATTO,' II-z`_.� �PPROVED AS TO FORMv : 44t . rt CHRISTINE M. LIMBERT-BARROWS ASSIST T C OUNTY ATTORNEY Date ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Marathon Wild Bird Center, Inc. FY10: page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 P.M. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Marathon W/ld Bird Center, Inc. FY10; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( of to -Organization name) for the time period Check # Payee Reason Amount 101 Company A Rent 102 Company B Utilities $ X,XXX.XX 104 105 Employee A P/R ending 05/14/01 XXX.XX Employee B P/R ending 05/28/01 XXX.XX XXX.XX (A) Total (B) Total prior payments AAXXX_. XX $ X,XXX.XX (C) Total requested and paid (A + B (D) Total contract amount ) $ X,XXX.XX Balance of contract (D-C) $ X,XXX.XX XX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimb source. ursement to any other funding Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this who is personally known to me. Notary Public Contract - Marathon Wild 81rd Center, Inc. FY10; page 11 day of 200_ by. Notary Stamp Services to be provided: ATTACHMENT C (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) The Marathon Wild Bird Center's mission is to return to nature wild birds that have been sick, injured, or orphaned due mainly to the presence of humans. Established in 1995 the Marathon Wild Bird Center incorporated in 1998 and obtained not -for -profit 501(c)(3) status in 2000. It is the Marathon Wild Bird Center's goal to educate the public to increase awareness, lay the groundwork for respect and encourage a desire to protect the native species that populate and migrate throughout the Florida Keys. The Marathon Wild Bird Center provides educational programs with the aid of non -releasable feathered ambassadors to help us distribute information to the community with the hope of reducing the number of direct human related bird accidents. The Marathon Wild Bird Center also helps to monitor the general environmental health of the "Keys" through our interaction with the native and migratory birds we encounter. Staffed almost exclusively by volunteers since our inception, the Marathon Wild Bird Center has provided aid to over 10,000 wild birds from tiny warblers to bald eagles. The facility is nestled amongst 300 islands that make up the Florida Keys of which only 43 are inhabited. This location provides for hundreds of species of migratory birds that find refuge in this diverse habitat that includes tropical hammocks, mangrove forests, tidal marshes, coastal strands and estuaries. This unique location is surrounded by the 3`d largest barrier'reef in the world. Of the 900+ birds each year that are admitted to our facility for care, many are brought in due to severe entanglement with monofilament fishing line and stainless steel fishhooks. In 2000 the Marathon Wild Bird Center expanded its facility by adding a much needed on -site surgical unit complete with a basic laboratory and x-ray capabilities. Partnering with the Museums of Crane Point, on whose property we have resided at no -charge since our origination, we provide educational opportunities to an additional 30,000 visitors each year. The staff from the Marathon Veterinary Hospital has performed consultations and surgeries at our Center on a volunteer basis for over a decade. Funding provided to the Marathon Wild Bird Center by the Monroe County Board of County Commissioners (2006:$14,000, 2007:$12,000, 2008:$11,400 and 2009:$9,120) has greatly helped to, in part, offset the purchase of fish to feed recuperating seabirds, frozen chicks and rodents for raptor patients, insects for insectivore patients, medical supplies to maintain our hospital, disposal fees for hazardous waste (darkroom chemicals for on -site x-rays), professional laboratory fees (ie. analysis of toxins), crematory fees, service fees to maintain safety and medical equipment, trash removat medications, and, occasionally, payroll for our part-time employee. Contract - Marathon Wild Bird Center, Inc. FY10; page 12 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 an entity, may not submit a bid on a contract with a public entity for the construction os or 'rrepair cs to f a lac 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 an y ublic entity in of the threshold amount provided in Section 287.017, for CATEGORY TWOforr a period of 36cess months from the date of being placed on the convicted vendor list." Contract - Marathon Wild Bird Center, Inc. FY10; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE U"� is I " I`S otherwise `-` C warrants that he/it has not employed, retained or 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: STATE OF COUNTY OF !`� I��;�[✓� 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 day of 20 013 My commission expires: OMB - MCP FORM #4 Contract - Marathon Wild Bird Center, Inc. FY10; page 14 t NOTARY PUBIlIC KARYN K NNNY Put* - S" or t� �E�tl1v►26, DO 545 0� kOded By , Ib�n DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Y� (Name of Business) I. 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 ce ify that this firm complies fully with the above requirements. STATE OF [ _Oft d A _ ( gnatur of Respondent) COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, individual signing} affixed his/her signature nhthe pace provided aboveon this o, after first being sworn b(name of �i day of ' � �` 2009 My commission expires: 14 - NOTARY PUBLIC .�,,•N., MYN K. BUCKLEY J1'AY Nofimy Pubk - SW 01 Florida Contract - Marathon Wild Bird Center, Inc. fY10; page 15 � • �MC*WhWMEq*mApr 26.2MO Cortnli 6W # DO 545409 ' " Bonded By NsgonM Nohry Awn. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Management and Budget Bulk Item: Yes ® No ❑ Department: Grants Administration Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Approval to apply for Residential Substance Abuse Treatment Grant and for the Mayor, Chief Financial Officer, and Grants Administrator to sign the application and related certifications and attachments, and complete the grant application online at the Florida Dept. of Law Enforcement website. ITEM BACKGROUND: Federal funds are provided through the Florida Department of Law Enforcement to implement the Residential Substance Abuse Treatment Program for inmates in correctional institutions with six to twelve months remaining on their sentence. The grant is currently used to fund the Jail Incarceration Program, administered by the Guidance Care Center at the Detention Center on Stock Island. This will be the 9th year of RSAT grant funding for the program. Attached is a draft of the application. PREVIOUS RELEVANT BOCC ACTION: Approval to apply past 8 years; approval of contracts with FDLE and Care Center for Mental Health (now Guidance Care Center) for past 7 years. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval TOTAL COST: jq6, 667.00 BUDGETED: Yes ® No ❑ COST TO COUNTY: 16 667.00 SOURCE OF FUNDS: Fine and Forfeiture Fund — ad valorem taxes REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH /p YEAR APPROVED BY: COUNTY A Q IT U CHASING ❑ RISK MANAGEMEN DOCUMENTATION: INCLUDED: ® REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY IContract with: Florida Department of Law Effective Date: September 1, 2010 Enforcement Expiration Date: August 31, 2011 Contract Purpose/Description: Residential Substance Abuse Treatment Grant Contract Manager: Lisa Tennyson 4444 OMB/Grants Mat (Name) (Ext.) (Department) for BOCC meeting on 6/16/10 enda Deadline: 6/01/10 CONTRACT COSTS Total Dollar Value of Contract: $_ 50,000 Current Year Portion: Budgeted? Yes X No Account Codes: 125-06019-3312000S-xxxxxx Grant: 125-06019-381101GT-xxxxxx County Match: $ 16,667 ADDITIONAL COSTS CONTRACT REVIEW Changes In Needed Division Director , /6 Yes❑ Now Risk Manage ent � lt�� { p Yes❑ No&T O M.B./Purchzfsing -/0 Yes[:] NoL� County Attorney4v Yes❑ No[ Comments: D.. .--1 nil l Inr Revised 2/95 Date Out Re iewe 5112 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-clerk.com Application Ref # 2010-RSAT-61 Section #1 Page 1 of 2 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: Tennyson-Lisa@monroecounty-fl.gov ,NNncauvn MUT fiF 201 Q-RSAT-61 Contract -RSAT-MONR- - - Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 9/1/2010 End Date: 8/31/2011 Problem Identification South Florida, inclusive of Monroe County, is a mecca for illicit drug use, and has a much higher than national drug abuse prevalence. South Florida is a designated "high density drug trafficking area" and a leading cocaine importation center. According to the The Florida Department of Children and Families in 2007 there were an estimated 1,153,325 adults in the state with substance abuse problems. Statistics from the Monroe County Sheriffs Office indicate that for the calendar year of 2009 there were 1,232 drug and alcohol -related arrests in the Keys (almost half of these violators had prior DUls.) The Monroe County Detention Center has reported that 80% of those arrested in this county have substance abuse problems. The Keys are a critical area due to the high percentage of persons with substance abuse and mental health disorders, lack of affordable housing, high cost of living, and high homeless rates. There is one key issue that defines the problem and need in our community. There are not enough substance abuse treatment services in Monroe County to handle the demand. The RSAT program at the County Jail is one of only two substance abuse treatment programs in the Keys and the only program in the County to serve incarcerated adults. The other program, Keys To Recovery, has only 12 treatment beds (for a total of 24 persons annually) for the general population. The RSAT program provides drug treatment as well as a host of support services such as vocational training, anger management, financial education, mentoring, counseling and parenting classes. This past year, we were able to add an employment readiness component. The program is valued highly by the local Drug Court Judges and the Monroe County Sheriffs Office. This RSAT grant provides funding for 60% of the program costs. In past years, the Sheriffs Office provided the other 40%. However, due to budget constraints, the Sheriffs Office can no longer provide financial support to the program. The balance of the funding is mottled together using a combination of different funding sources. The financial situation for the program is therefore precarious. Should any additional funding come available through RSAT, we ask that FDLE consider adding additional funds to support this valuable program. The County's RSAT program provides services to approximately 150 offenders each year, has developed excellent relationships with the local Drug Court, mental health providers, and social service providers in the community, and has proven to be effective. The recidivism rate for the general population at the Monroe County Detention Center is approximately 70% re -incarceration within a year. The recidivism rate for RSAT program participants is 27%. Application Ref # 2010-RSAT-61 Section #2 Page 1 of 4 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Project Summary The Jail Incarceration Program is a substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has provided substance abuse treatment for approximately 1,300 inmates with an overall recidivism rate of twenty-seven percent compared to seventy percent for the general population. It provides administrative and case management services as mandated by Florida Administrative Code 10-E16. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in H-Dorm, which has 54 beds. Most clients are court ordered by the Drug Court judges in Monroe County. The rest are volunteers who meet criteria for drug/alcohol treatment and will be in the county jail a minimum of 182 days. The program has established a positive reputation, working closely with judges, prosecutors and lawyers. DCF audits for the past three years of have reported that this program meets or exceeds Best Practice standards with 100% compliance. The CARF (Commission on Accreditation of Rehabilitative Facilities) accreditation process was completed this past year. The process has strengthened assessment and treatment. CARF accredition for criminal justice programs is more rigorous than for out -patient settings. Monroe County's RSAT program exceeded all CARF standards and recieved an Exemplary standard for the relationships between correctional staff and treatment/clinical staff. All participants have individualized, client -centered treatment plans that are reviewed monthly and adjusted as needed. Continuing to prove helpful in assessment is the Prochaska and Di Clemente stages of change, implemented last year; as well as the URICA, the Beck Depression Scale, and the Rosenberg Self Esteem inventory; treatment plans are written accordingly. An equity of access policy continues to make admission policies welcoming to individuals with co-occurring disorders, learning disabilities, illiteracy, and Spanish speaking inmates. This allows access for all who might otherwise be denied. (There are two bi-lingual counselors to serve the Hispanic population.) For co-occurring clients, a Mental Health Status Assessment identifies impairments in functioning. They are referred to a mental health counselor and the Prison Health Services Psychiatrist, and participate in WRAP Class (Wellness and Recovery Action Plan), a structured system for monitoring and reducing distressing symptoms through planned responses. Treatment is a minimum of six months, with the possibility of lasting one year. Aftercare is six months and is provided throughout the Florida Keys by the Guidance Care Center. Aftercare is given priority, and is not funded by RSAT. A support letter from the Guidance Care Center is attached. Random drug testing (urine analysis) is conducted weekly by the staff and positive tests result in 30 days in lock -up and a return to court. Tests used are the MEDTOX 5 panel testing for Amphetamine, benzos, cocaine, opiates, and THC. The program also has a relationship with the local drug court to run tests on their machine if it is questionable. The program staff has a strong background in substance abuse counseling and mental health with appropriate certification. The program staff consists of 1 PT program ,1,P­OuU1I roc[ tt LU 1 U-KSA I -tit Section #2 Page 2 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment director, 1 FT counselor, and a PT counselor. JoAnn Brancel, Project Director, has a BA is Social Work/Criminology and is a Certified Mental Health Professional. The program director oversees the counselors and ensures data collection on all inmates who have completed probation and checks for any new arrests within the year after completion. With the goal of having each RSAT participant attain self-sufficiency, the program includes both substance abuse treatment and support services: MORAL RECONATION THERAPY (MRT)- Evidence -based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. DRUG EDUCATION - Inmates learn and explore chemical dependency and how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class which helps inmates identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high -risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Clients learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. STEP GROUP - The core ideas of the first three steps of Alcoholics Anonymous and Narcotics Anonymous. COMMUNICATION SKILLS - Based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS - Assessment of basic needs for education, job searches, resume writing, addressing a felony in an interview, completing employment applications, and basic budgeting. RELATIONSHIP GROUP SKILLS - This is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, post -traumatic stress disorder, and ambivalence. ANGER MANAGEMENT - An optional class about the responsibility for choices when angry. Application Ref # 2010-RSAT-61 Section #2 Page 3 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment INDIVIDUAL COUNSELING - At intake all inmates are assigned a Primary Counselor, who follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. The inmate's individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy and is a liaison for release plans, including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. COMMUNITY SERVICE - The detention center continues to operate a farm and petting zoo that JIP clients help maintain. Another service to the community is their participation in the Department of Juvenile Justice (DJJ) Jail Tour. JIP inmates tell their stories to juveniles recently brought into the system in hopes of preventing these young adults from following the same path they have. SOCIALIZATION- A Hazelden program using Cognitive behavioral treatment to identify thought processes that keep addicts stuck in destructive behavior. CHARACTER CONFLICTS IN RECOVERY- Using the pamphlets from Hazelden including King Baby and Barriers against Recovery this class explores the character conflicts that return addicts to using. The program's objectives and outcomes include: The number of inmates expected to complete the program is 100. 70% of the inmates served will complete an aftercare program. 97% of the inmates served in the program will remain drug free while participating. 70% of the inmates in the aftercare program will not test positive for drugs/alcohol. 75% of the inmates will not violate probation during aftercare. 70% of the inmates served will not return to jail during the first year after release. Application Ref # 2010-RSAT-61 Section #2 Page 4 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2010-RSAT-61 Section #3 Page 1 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- - - Section #3 Page 2 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity: Target Group: Geographic Area Location Type: Address(es) : Activity Description Leadership Training Adult Males State of Florida Jail Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Application Ref # 2010-RSAT-61 Contract -RSAT-MONR- - - Section #3 Page 3 of 1 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity: Target Group: Geographic Area Location Type: Address(es) : Application Ref # Contract Activity Description Other Drug Treatment Adult Males State of Florida Jail 2010-RSAT-61 -RSAT-MONR- - - Section #3 Page 4 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- - - Section #3 Page 5 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Females Geographic Area: State of Florida Location Type: Administration Objectives and Measures Objective: 1A - To report contractor and/or employed salary amounts prorated to include time spent in RSAT. Measure: Part 1 Report contractor and/or employed salary amounts prorated to include time spent in RSAT during the grant period. Goal: 65,590 Hpp icainon Ker 1; 2010-RSAT-61 Section #3 Page 6 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 1 B - To report cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.) Measure: Part 1 Report the cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.). Goal: 1077 Objective: 1C - To report number of participants enrolled in the program (including drop -outs, terminations or removals). Measure: Part 1 Report the number of participants enrolled in the program (including drop -outs, terminations or removals) during the grant period. Goal: 150 Objective: 2A - To report number of days between program entry and exit for those completing the RSAT program during the reporting period. Measure: Part 1 How many days will there be between program entry and exit for those completing the RSAT program during the grant period? Goal: A mininum of 182 days or more, up to one year. Objective: 26 - To report number of offenders to successfully complete the residential program during the reporting period. Measure: Part 1 How many participants will successfully complete the residential program during the grant period? Goal: 97 Objective: 3A - To report number of RSAT participants at end of reporting period. Measure: Part 1 Report the number of RSAT participants at end of each reporting period. Goal: 50 Objective: 3B - To report number of RSAT participants at beginning of reporting period. Measure: Part 1 To report the number of RSAT participants at beginning of each reporting period. Goal: 50 Application Ref # 2010-RSAT-61 Section #3 Page 7 of 10 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 4A - To report number of RSAT participants who completed the program and passed drug testing. Measure: Part 1 Report the total number of RSAT participants who completed the program and passed drug testing during the grant period. Goal: Approximately 97%, or 97 program participants. Objective: 4B - To report number of RSAT participants who completed the program and passed drug testing during the reporting period. Measure: Part 1 Report the number of RSAT participants who completed the program and passed drug testing during each reporting period. Goal: 25 Objective: 5A - To report the number of RSAT participants. Measure: Part 1 Report the number of RSAT participants during grant period. Goal: 100 Objective: 5B - To report the number of residential program participants. Measure: Part 1 Report the number of residential program participants. Goal: 100 Objective: 6A - To report the total number of RSAT beds created as a result of the current award. Measure: Part 1 Report the total number of RSAT beds created as a result of the current award. Goal: 54 Objective: 6B - To report the total number of RSAT beds. Measure: Part 1 Report the total number of RSAT beds available. Goal: 54 Objective: 7A - To report number of beds funded with non-RSAT funds. Measure: Part 1 Report number of beds funded with non-RSAT funds. Application Ref # 2010-RSAT-61 Section #3 Page 8 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Goal: 0 Objective: 7B - To report total number of beds in facility. Measure: Part 1 Report total number of beds in facility. Goal: 500 Objective: 8A - To report total number of residential service days. Measure: Part 1 Report the total number of residential service days. Goal: Monday through Friday, all year long, exclusive of 9 holidays. Objective: 8B - To report number of offenders to receive residential service (RSAT and non- RSAT). Measure: Part 1 Report number of individuals to receive residential service (RSAT and non-RSAT). Goal: 100 RSAT participants; no non-RSAT participants. Objective: 9A - To report the number of RSAT completions that remained drug -free during the residential program. Measure: Part 1 Report the number of RSAT completions that remained drug -free during the residential program. Goal: 97 Objective: 9B - To report the number of residential program completions who remained drug free. Measure: Part 1 Report the number of residential program completions who remained drug free. Goal: 73 Application Ref # 2010-RSAT-61 Section #3 Page 9 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: What is the total number of beds (treatment and non -treatment) in the facility? Answer: 554 Question: How many non RSAT-funded treatment beds are in this facility? Answer: 0 Question: How many RSAT-funded treatment beds are in this facility? Answer: 54 Question: How is aftercare treatment provided? Answer: Aftercare treatment is provided by the Guidance Care Center, for those that stay in the community. Question: What is the anticipated number of RSAT program completions during each quarterly reporting period? Answer: 25 Question: What goals do you plan to accomplish during the subgrant period? Answer: Provide drug treatment services and treatment for 100 incarcerated males with a client -centered approach in order to reduce recividism, and improve their quality of life, in Monroe County. Hpp ication Ket # 2010-RSAT-61 Section #3 Page 10 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $16,667.00 $66,667.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 $66,667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No ppocation Ker # 2010-RSAT-61 Section #4 Page 1 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Total Budget: Contractual Services $66,667.00 Budget Sub -Category: Salaries and Benefits: Substance Abuse Counselor, approx. 1.85 FTE _ $58,152 FICA @ 7.65% _ $4,448 Health Insurance@ 249.24/month = $2,990 Sub -total Salaries and Benefits: $65,590 Budget Sub -Category: Supplies: Med-tox drug tests: $500 Paper, pens, other materials: $577 Sub -total Salaries: $1,077 kNNiwauun Rei +t LUIU-K5AT-61 Section #4 Page 2 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: Identify specific sources of matching funds. Answer: Matching funds will come from the Monroe County Fine and Forfeiture Fund. Question: Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Answer: 1000 Question: Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Answer: Indirect costs are not included. Question: If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Answer: Services will be provided by the Guidance Care Center pursuant to a contract with Monroe County; a copy will be provided. Question: If salaries and benefits are included in the budget, is there a net increase in personnel? Answer: No Question: Will the project earn Program Generated Income? Answer: No Question: Will the applicant be requesting an advance of federal funds? Answer: No Application Ref # 2010-RSAT-61 Section #4 Page 3 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section 5: Standard Conditions 1 Insert Standard Conditions Page here. Application Ref # 2010-RSAT-61 Section #5 Page 1 of 1 Contract -RSAT-MONR- - - Florida Department of Law Enforcement Residential Substance Abuse Treatment Program Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section and will become binding upon approval of this subgrant. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed. All persons involved in or having administrative responsibility for the subgrant must read these conditions. This section must be returned as part of the completed application. Definitions: "OCJG", unless otherwise stated, refers to the Florida Department of Law Enforcement, Office of Criminal Justice Grants. "Recipient" refers to the governing body of a county that performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "Implementing Agency" which is a subordinate agency of a county or an agency under the direction of an elected official (for example, Sheriff). 1. Reports A. Project Progress Reports: Regardless of whether project activities occur or not, the recipient must submit Quarterly Project Progress Reports to the Office of Criminal Justice Grants (OCJG) by February 1, May 1, August 1, and November 1 covering subgrant activities occurring during the previous calendar quarter. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Progress Reports shall be submitted. B. Financial Reports: 1. The recipient shall have the choice of submitting either Monthly or Quarterly Reimbursement Requests to the OCJG. All Reimbursement Requests are due thirty-one (31) days after the end of the reporting period. A final Reimbursement Request and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the OCJG within forty-five (45) days of the subgrant end date. Such Reimbursement Requests shall be distinctly identified as "final". 2. Regardless of whether costs are incurred or not, all claims for reimbursement of recipient costs shall be submitted on the Reimbursement Request forms prescribed and provided by the OCJG. A recipient shall submit either monthly or quarterly reimbursement requests in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. 3. Before the 'final" Reimbursement Request will be processed, the recipient must submit to the OCJG all outstanding project performance reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 4. The recipient shall submit Quarterly Project Generated Income Reports to the OCJG by February 1, May 1, August 1, and November 1, covering subgrant project generated income and expenditures occurring during the previous quarter. C. Other Reports: The recipient shall submit other reports as may be reasonably required by the OCJG. 2. Fiscal Control and Fund Accounting Procedures A. The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All Section 5 Page 1 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-87, A-110 or A-102, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. OCJG approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMB's Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. OMB's Common Rule for State and Local Governments, or OMB Circular No. A-110 orA-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority that chief officer or elected official must submit a letter or resolution indicating the staff person given signature authority to the OCJG. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes In the event of a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out -of -grant -specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. Section 5 Page 2 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Subgrantees must provide written requests signed by the Chief Official, of any significant changes to the subgrant. OCGJ approval of any grant amendment request must be received prior to the incorporation of said amendment. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement, Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, A. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. B. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. Procedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre -audit and post -audit. 12. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a written request to the Department justifying the need for such funds. 13. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only Section 5 Page 3 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program by execution of a formal written amendment to this agreement. 14. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrantee and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 15. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The Department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 17. Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. 18. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be Section 5 Page 4 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. 20. Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. The Department reserves the right to unilaterally terminate this agreement if the recipient, Implementing Agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB's CircularA-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed -through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10, 600, Rules of the Florida Auditor General. B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any Section 5 Page 5 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMB CircularA-110 orA-102, as applicable. 23. Property Accountability The recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, F.A.C. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT-BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this Section 5 Page 6 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice." 27. Equal Employment Opportunity (EEO) A. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). B. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.oip.usdoo.gov/about/ocr/eeop comply htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. C. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. D. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. E. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. F. In the event a Federal or State court of 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. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug -Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification Section 5 Page 7 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government - wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug - Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. A. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grantor cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-fluencing 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 con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; 3. The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. B. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 1. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under 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 three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 1. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Section 5 Page 8 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. 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 1. The applicant certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an on -going drug -free awareness program to inform employees about 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). Section 5 Page 9 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: D. No federally appropriated funds have been paid or shall 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 the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. E. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence 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 the standard form, Disclosure of Lobbying Activities, according to its instructions. F. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement", and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 Section 5 Page 10 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American -Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American -made. 34. Eligibility for Employment in the United States 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 Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36. Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq.) A. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE 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. Section 5 Page 11 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program B. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. C. National Historic Preservation Act The subgrantee will assist the FDLE 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 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 FDLE 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. 37. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. 39. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 40. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 41. Immigration and Nationality Act No public funds will intentionally be awarded 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 Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section Section 5 Page 12 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 42. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. 43. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.oip.gov/about/ocr/equal fbo htm. 44. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. Section 5 Page 13 Revised July 22, 2009 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: State of Florida Department of Law Enforcement Office of Criminal Justice Grants Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Mo.iroe Couiit./ BOCC Signature: Typed Name and Title: Sylvia Murphy, Mayor Date: June 16, 2010 Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Monroe County BOCC Signature: Typed Name and Title: Sylvia Murphy, Mayor Date: June 16, 2010 Application Ref # 2010-RSAT-61 Contract -RSAT-MONR- - - Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Insert Certifications and Authorizations here. Application Ref # 2010-RSAT-61 Section #7 Page 1 of 1 Contract -RSAT-MOLAR- - - CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: RSAT/Jail Incarceration Program Grant Number: 2010-RSAT-61 Award Amount: 50,000 Contact Person Name and Title: Lisa Tennyson, Grants Administrator Phone Number: (305) 292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (ESOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that app ly. I, ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): j Roman Gastesi, Jr. County Administrator [responsible official], certify that the Monroe County Board of County Commissioners [recipientl,which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization], at 1100 Simonton Street, Key west, Florida 33040 laddressl,for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Roman Gastesi, Jr., County Administrator Print or type Name and Title Signature Date OMB Approval No. 1 121-0140 Expiration Date: 01/31/06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, 3. DRUG -FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- RESPONSIBILITY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug - free workplace by: As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 28 CFR Part 67, Section 67.510 - manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and A. The applicant certifies that R and its principals: specifying the actions that will be taken against employees for violation of such prohibition; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on -going drug -free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about - agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, FDLE RSA Grant Application Package Lobbying Debarment, Suspension and Drug -Free Workplace Certification Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program (c) Making it a requirement that each employee to be engaged in the performan of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after the conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Check here _ If there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 406117. Check here _ If the State has elected to complete OJP Form 406117. DRUG -FREE WORKPLACE (GRANTEES WHO ARE 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- (g) Making a good faith effort to continue to maintain a drug -free workplace A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (f), a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the speck grant: occurring during the conduct of any grant activity, I will report the Place of Performance (Street address, city, county, state, zip code) conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County BOCC, 1100 Simonton Street, Key West, Fl 33040 2. Project Name: RSAT- Jail Incarceration Program 3. Typed Name and Title of Authorized Representative: Sylvia Murphy, Mayor 4. Signature: 5. Date: June 16, 2010 FDLE RSA Grant Application Package Lobbying. Debarment Suspension. and FDLE Florida Department of Office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Commissioner of Agriculture Commissioner www.fdle.state.fl.us April 26, 2010 The Honorable Sylvia Murphy Mayor, Monroe County 102050 Overseas Highway Key Largo, FL 33037 Dear Mayor Murphy: IT, n MAY 05 2010 BY. ---c-m ee---------- The Florida Department of Law Enforcement (FDLE) is pleased to announce that your agency is eligible to apply for a second year of Residential Substance Abuse Treatment (RSAT) for Prisoners Held in Local Correctional Facilities Grant funding. The substance abuse treatment program which was implemented by your agency last year has met the criteria to receive $50,000 for the State Fiscal Year 2010-2011. During this funding period, each award must be matched in cash in an amount equal to but not less than twenty-five (25) percent of the total program cost. Recipients must apply on-line using FDLE's grant management system, Subgrant Information Management On -Line (SIMON). SIMON can be accessed at bttP://simon.fdIe.state,fI.us. The project start date is the day after your current grant ends. The project end date is 365 days after that. Application completion will require an "Announcement Code" which is a security feature allowing access to the application. The Announcement Code is RSAT2010. To assist you in completing this application a user manual is available on-line. In addition to the on-line submission, recipients must print out the completed application and required certifications and submit two hard copies (with original signatures) to: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 The deadline for this hard copy submission is no later than 30 days after the receipt of this letter. Service - Integrity - Respect - Quality The Honorable Sylvia Murphy April 21, 2010 Page Two Our office is available for any assistance needed, Monday through Friday, 8:00 a.m. — 5:00 p.m. EDT. For issues relating to SIMON, call (850) 617-1250 and ask for the SIMON Help Desk; otherwise ask for your grant manager or Martha McWilliams, Planning Manager. Sincerely, 4010 ilder Administrator Office of Criminal Justice Grants CHW/mm/sba cc: Lisa Tennyson 2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Office of Management and Budget Bulk Item: Yes ® No ❑ Department: Grants Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance Grant Certificate of Participation with the Florida Department of Law Enforcement for fiscal year 2010 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to act as the coordinating unit of government for this grant; and to authorize this same coordination role for the County for this grant in the future. ITEM BACKGROUND: Federal funds are provided through FDLE. Florida Administrative Code requires that units of government in each county reach consensus concerning the expenditure of these funds, including the projects to be implemented as well as the agencies responsible for implementation. This requires someone to coordinate the application process and preparation of application(s). FDLE recommends that county commissioners assume this responsibility. Each year, the County accepts this coordination role. Authorizing the acceptance of this coordination role for subsequent years will remove its need to be placed on agenda item each year facilitate and help to expedite the grant preparation process. It does not affect funding recommendations or the grant application, which must still come before BOCC each year. The Substance Abuse Policy Advisory Board (SAPAB) makes recommendations to the BOCC regarding the expenditure of these funds. The recommendations as well as the grant application will be on next month's agenda. No match is required. PREVIOUS RELEVANT BOCC ACTION: None this year. Participation in Byrne Grant Program since approximately 1990. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: approval TOTAL COST: $132,959.00 BUDGETED: Yes ❑ No COST TO COUNTY: $0.00 SOURCE OF FUNDS: FDLE REVENUE PRODUCING: Yes ❑ V0 ® AMOUNT PER MONTH YEAR APPROVED BY:0OUNTY ATTYF1 b PU CHASING ❑ RISK MANAGEMENT s, DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: June 16, 2010 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts X Declines the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Lisa Tennyson Title: Grants Administrator E-mail address: tennyson-lisa(a-)-monroecounty-fl.gov Agency: Monroe County BOCC Office of Management and Budget Address: 1100 Simonton Street, Key West Florida 33040 Telephone:305-292-4444 County: Monroe Date: June 16, 2010 Sincerely, Mayor, Board of County Commissioners -�; AtE 16 FILE Florida Department of office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee. Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson; Commissioner of Agriculture Commissioner www.fdle.state.fl.us May 11, 2010 MAY 1 5 The Honorable Sylvia Murphy By nsn-------- Mayor, Monroe County Board of Commissioners 102050 Overseas Highway Suite 234 Key Largo, Florida 33037 Re: Federal Fiscal Year (FFY) 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide — State Solicitation Dear Mayor Murphy: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice for FFY 2010 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. FDLE has set aside $132,959 funds for use by all units of government within Monroe County. The enclosed Program Announcement provides an overview of these funds and can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note that the Program Announcement includes information from the U.S. Department of Justice relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. As a condition of participation in this program, the units of government in each county must reach a consensus concerning the expenditure of these funds. This consensus must include the projects to be implemented as well as the agency responsible for such implementation. Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. FDLE recommends that the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Service - Integrity • Respect - Qualify The Honorable Sylvia Murphy May 11, 2010 Page Two The enclosed Certificate of Participation form requests the identification of an individual coordinator. We will send this individual further information regarding the application process in FDLE's on-line grant management system. Please complete the enclosed Certificate of Participation and return it within 30 days from the date of this correspondence to: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator We look forward to working with you. If you have any questions or if we can provide you with any assistance regarding the JAG Program, please contact me at (850) 617-1250. Sincerely, Clayto� H. Wilder Administrator CHW/JP/ps Enclosures cc: Mayors in Monroe County Law Enforcement Agencies in Monroe County Project Directors in Monroe County PROGRAM ANNOUNCEMENT FEDERAL FISCAL YEAR 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program The State of Florida, Department of Law Enforcement (FDLE), anticipates an award from the United States Department of Justice (USDOJ) for $12,058,334 in Justice Assistance Grant (JAG) funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. This announcement is to notify eligible applicants of program requirements. Please note this Program Announcement includes information from the USDOJ relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. Eligible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general-purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Program Strategy and Purposes JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. Local units of government receiving JAG funding have the flexibility to implement projects in any of the seven federally approved purpose areas, listed below. 1) Law enforcement programs 2) Prosecution and court programs 3) Prevention and education programs 4) Corrections and community corrections programs 5) Drug treatment programs 6) Planning, evaluation, and technology improvement programs 7) Crime victim and witness Programs Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Coordination Efforts Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. pnno 1 Chapter 11 D-9.005, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including the projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating unit for all local governments within the county. The Chairman, Board of County Commissioners, in each county so notified is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 30 days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Each county or coordinating unit of government is encouraged to form a criminal justice coordinating/planning group to identify and implement criminal justice priorities for the county, to plan strategies to address those priorities, to identify areas of greatest need, and to review all possible sources of revenue to make sure that funds go to the programs or issues that need them most. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government which also represents at least 51 percent of the population located in said county. Match Requirements There is no match requirement under the guidelines of the JAG program. DOJ/Bureau of Justice Assistance (BJA) Priorities BJA wishes to ensure that recipients are aware of several areas of national focus and priority and to encourage recipients to maximize the effective use of JAG funds. The following is a brief list of key priorities: 1) Effective counterterrorism and terrorism prevention programs 2) Ensure that justice is truly done in the Criminal Justice System. 3) Smart Policing — evidence -based and data driven. 4) Offender Re-entry 5) Children exposed to violence are responded to effectively. For more information on BJA's priorities, recipients may access: http://www.oip.usdoi 4ov/BJA/grant/10JAGLo ASol pdf (see pages 2 and 3). This is for informational purposes only; do not apply for any funds through this solicitation. Recipient must still submit application for funding through SIMON. Paae 2 Application Requirements and Deadlines Once the Certificate of Participation form designating the coordinator for your county is received, the Office of Criminal Justice Grants will send this individual further information regarding the application process. Applicants must apply on-line using FDLE's grant management system. The deadline for the on-line submission is 5:00 P.M., Friday, June 25, 2010. In addition, applicants must print out the completed application and submit two (2) hard copies (both with original signatures) no later than 5:00 P.M., Friday, July 2, 2010 A separate application must be submitted for each proposed project. Applications should be mailed or hand delivered to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, 2331 Phillips Road, Tallahassee, Florida 32308, Attention: Clayton H. Wilder, Administrator. Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county. Questions regarding this Program Announcement should be directed to Clayton H. Wilder, Florida Department of Law Enforcement, at (850) 617-1250. Partin Z BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: OMB Bulk Item: Yes ® No ❑ Department: Grant Management Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Approval of a Memorandum of Understanding 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, and to participate in the initiative if funded. The South Florida Regional Planning Commission has asked each of the seven counties, as well as other potential regional partners, for a Memorandum of Understanding to support 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 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 June and will contain additional information related to application dates and other requirements. PREVIOUS RELEVANT BOCC ACTION: Approval of resolution supporting Monroe County's participation in the regional planning initiative and the SFRPC's application at last month's meeting. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval TOTAL COST: grant amount TBD BUDGETED: Yes ❑ No COST TO COUNTY: $ match TBD SOURCE OF FUNDS: U.S. HUD REVENUE PRODUCING: Yes No ® AMOUNT PER MONTH YEAR APPROVED BY: COUNTY ATTY RCHASING ❑ RISK MANAGEMENT Pi DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: South Florida and Treasure Coast Regional Planning Councils CONTRACT SUMMARY Effective Date: upon approval Expiration Date: unknown Contract Purpose/Description: Memorandum of Understanding formalizing Monroe County's participation in a regional application for HUD funding. The application is being spearheaded by the South Florida and Treasure Coast Planning Councils. Contract Manager: Lisa Tennyson 4444 OMB/Grants Mgt. (Name) (Ext.) (Department) I for BOCC meeting on 6/16/10 nda Deadline: 6/1/10 CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: 0 Budgeted? Yes No Account Codes: - - --XXXXXX Grant: $ tbd County Match: $ tbd ADDITIONAL COSTS CONTRACT REVIEW Changes � In Needed Division Director t0 Yes[-] Noa Risk Manage ent� Yes❑ No4 QJ�,c- O.M.B./Pure sing 6 -1 --Id Yes❑ Noa County Attorney W� j Yes❑ No�5 I Comments: OMB Form Revised 9/11/95 MCP #2 Revised 2/95 Date Out 6[-� cc� I I I )-D %d MEMORANDUM OF UNDERSTANDING SUSTAINABLE COMMUNITIES INITIATIVE FOR THE SOUTHEAST FLORIDA REGION I. Purpose The purpose of this Memorandum of Understanding (MOU) is to provide a mutual understanding in support of the signatory agencies, organizations, governments, and individuals that will be working in cooperation to: 1) prepare a successful Sustainable Communities Initiative (SCI) grant application; and 2) perform the work funded under the SCI grant. II. Background On June 16, 2009, the U.S. Department of Housing and Urban Development (HUD) joined with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) to help improve access to affordable housing, more transportation options, and lower transportation costs while protecting the environment in communities nationwide. A set of guiding livability principles and a federal interagency partnership agreement is intended to guide their efforts in coordinating federal housing, transportation, and other infrastructure investments designed to protect the environment, promote equitable development, and help to address the challenges of climate change. Congress provided a total of $150,000,000 to U.S. HUD for the SCI program to encourage 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. From that total amount, $100,000,000 is being made available to encourage metropolitan regions to develop integrated regional plans that articulate a vision for growth that federal housing, transportation and other federal investments can support. More importantly, the three federal agencies have made a commitment to utilize the integrated regional plans or visions to guide their planning and funding decision -making. Funding to these metropolitan regions would generally be directed towards programs and projects identified in "Regional Plans for Sustainability" aimed at increasing transportation 1 choices, reducing combined housing and transportation costs for American families, improving the quality of life in communities, and improving the natural and built environment. III. Agreement WHEREAS, there is a recognized need among the signatories for a coordinated, collaborative regional effort to prepare and carry out a successful SCI grant application and work program; and WHEREAS, an SCI grant application and work program will be prepared and managed by the Treasure Coast and South Florida Regional Planning Councils in cooperation with the MOU signatories, including, but not limited to, Monroe County Board of County Commissioners, with the intent of establishing a comprehensive regional plan or vision identifying critical projects and infrastructure to: 1) improve the Region's sustainability; and 2) assist and guide federal funding agencies in prioritizing and focusing future federal investment in Southeast Florida; and WHEREAS, the signatories agree to the best of their abilities and within the limits of their resources to work cooperatively on the grant application and funded project; and WHEREAS, any private sector organization, non-profit, academic or research institution, philanthropic partner, community organization, governmental entity, individual, or intermediary agency that bears responsibility for or has an interest in the sustainable development and redevelopment of Southeast Florida may be a partner and signatory to this MOU; and WHEREAS, each of the signatories to this MOU understands urban redevelopment and the promotion of infill development in Southeast Florida represents environmental, transportation, social, and economic and community development strategies for restoration of the Everglades ecosystem and advancing the goals of the federal SCI program; and WHEREAS, each of the signatories to this MOU is committed to following the Livability Principles relating to the sustainable development and redevelopment of Southeast Florida: 2 1. Provide more transportation choices. Develop safe, reliable and economic 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 competiveness. Improve economic competiveness 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 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 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. 6. Value communities and neighborhoods. Enhance the unique characteristics of all communities by investing in healthy, safe, and walkable neighborhoods — rural, urban or suburban. 7. Enhance community resiliency to the impacts of Climate Change. Enhance community resiliency to the impacts of climate change through the development of mitigation and adaptation strategies. WHEREAS, any regional plan document developed under the SCI grant will support these Livability Principles and should, to the greatest extent possible and where appropriate, be 3 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. NOW, THEREFORE, this MOU is established to create a framework for coordinating efforts related to the preparation of a successful SCI grant application and successfully completing the work funded under the SCI grant. IV. Programming, Budgeting, Funding and Reimbursement Arrangement a. This MOU is neither a fiscal nor a funds obligation document. Any transfer of funds between parties may take place through existing authorities and procedures. b. Generally, any endeavor involving the transfer of funds will follow normal procurement or other appropriate processes and will be affected in writing by representatives of the organizations involved. c. This MOU in no way restricts the signatories from participating in similar activities or arrangements with other entities or agencies. d. Nothing in this MOU shall obligate the signatories to expend appropriations, obligate funds or enter into any contract or other agreement. V. Effective Date This MOU will become effective upon signature by any two parties. Any Party may terminate its participation in this MOU upon written notice to the other Parties. The provisions of the MOU will be reviewed periodically, as appropriate, and amended or supplemented as may be mutually agreed upon. VI. Other Memorandum of Understandings There are no superseding MOUs on this topic among the Parties hereto. 4 VII. Signatures This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Each Party has signed this five -page agreement on a separate page. The original signature pages are on file at the South Florida Regional Planning Council, 3440 Hollywood Boulevard, Suite 140, Hollywood, FL 33021; (954) 985-4416. 5 SUSTAINABLE COMMUNITIES INITIATIVE MEMORANDUM OF UNDERSTANDING FOR THE SOUTHEAST FLORIDA REGION By my signature below, my organization/agency becomes a signatory to the Sustainable Communities Initiative Memorandum of Understanding for the Southeast Florida Region, dated May 19th, 2010. 1 understand that the MOU will be executed in one or more counterparts, each of which will be deemed an original, but all of which shall constitute one and the same instrument. This original signature page will be kept on file at the South Florida Regional Planning Council. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk 0 Deputy Clerk Please return to: South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor I 4�Zg; n & C9 y �ionaI p R "Brl ggx roxirb:.. _ Elt. 1976- Sustainable Communities Initiative A federal partnership initiative of US HUD, DOT, and EPA 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 51h 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 investment; 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 Carolyn A. Dekle (cdekle(@sfrpc.com) Executive Director Isabel Cosio Carballo (isabelc(CDsfrpc.com) Coordinator, Legislative & Public Affairs Treasure Coast Regional Planning Council 772.221.4060 Michael J. Busha (mbushaatcrpc.org) Executive Director South Florida Regional Planning Council April 19, 2010 Mr. Roman Gastesi County Administrator Monroe County 1100 Simonton Street Key West, FL 33040 ct�' Dear Mr. Csfesi: COUi t yY AD"11` i5`4 iZe1 ` 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 Monroe County continues to lend to this regional effort. At this time it would be very helpful if Monroe 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.icleiusa.org/action-center/affecting_ policy/Sustainable%20Communities%20PlanninQ%20Grants%20Webinar%20slides.Vdf 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, �J Lt�1 uL Caro Executive Director CAD/kal Enclosures cc: The Honorable Sylvia Murphy, Mayor Michael J. Busha, TCRPC �ctonal Sri o �. ::�ie�aatismtJrsctici�itG[rr',uN�l,it�t'r�ex' , CsC I��?0 ��j �-��' April 1, 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 Two We would appreciate receiving your agency's letter or resolution of support no later than A ril 30, 2010. Within this same time frame, we request that your agency please consider joining the Southeast Florida Partnership by entering into the MUU 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 (mbusha0c 1crpc.or,g) at (772) 221-4060 or Carolyn Dekle (cdekle(&sfi-pe.com) at (954) 985- 4416. Sincerely, Sam . Ferreri, Chair Tre ,ire Coast Regional Planning Council Attachments Sincerel Joseph Scuotto, Chair South Florida Regional Planning Council DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5396-N-011 Sustainable Communities Planning Grant Program Advance Notice and Request for Comment AGENCY: Office of Sustainable Housing and Communities, Office of the Deputy Secretary, III 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 (NOFA) 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 equity and environmental impact simultaneously. Three funding categories are being considered: (1) 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: sustainablecommLin ities<AhLid. gov or may be submitted through the www.hud.�40v/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: �kww.hud.,ov/0SHCwiki. 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/sustainability. 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 NOFA 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 C500,000"'or more may not exceed $5,000,000. HUD will expect that at least 20 percent`of 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 NOFA for the Program that will be developed after consideration of comments obtained through this Advance Notice and in outreach sessions. The final NOFA 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 NOFA 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 (CPC) Grants Program. HUD will publish a separate NOFA for the CPC program. It is HUD's intent to meet the following schedule in developing the NOFA for the Program: February 16-March 1, 2010—Regional Listening Sessions (locations and dates to be posted at www.hud.gov/sustainability) Week of March 1, 2010—Webcast Briefings March 12, 2010—Comments on Draft Description due C.O.B. to HUD Week of April 12, 2010—NOFA published Approx. June 5, 2010—Applications due to HUD Approx. August 2, 2010—Announcement of Awardees 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 EPA —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 EPA 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. EPA will enhance its role as a provider of technical assistance and developer of environmental sustainability metrics and practices. The three 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. 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. 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 21st 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 EPA 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 EPA programs, such as Consolidated Plans, Long Range 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 NOFA 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, 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? 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 NOFA. 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 NOFA 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, if so, 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 EPA, 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 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 Ron Sims Deputy Secretary [FR-5396-N-011 15 CO W 2 W F— � —a CL Q i O LL cv o- %A a � z O r- W LLI Z V L1J O OC L > -Q W 2 r0 O O �Ln �m � O N N J a �r (n ~ ^^++ W E E V � O MINNOW E CA V 0 ■/..WINNOW O .� ♦+ + V ■O cn O O IMEMER O i >cn 0 � C� _ SOMMON -W O -W O •— O •� •— NOMMIN E 0 O E O0. E i loom(� m m 0 ■� 0 V m E L O • MIMMEN O •� 0 O E v 0 0 O 0 .;..r u MOVIE� O O '� a m0 RS a 0 O r O m �t a a. 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CL H v E x W I— I — a g M s •L IV a v C6 vR r � o von .� m a M hm V � n L O O co a� N Z •- ol >, O O > 0 CL N +� W O •N V �W Lon Q� O i.. � � � O � m LM .V = � O a > O ._ Lm 3 L LM CL m n A! cm 0 0 � V r 0 .� CL w` n CL O E L CL E LO ,Donal p, SOUTHEAST FLORIDA PARTNERSHIP j "Brisphg�Gi�plNtTediYlM"' ITft 1916 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 sources. 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/climate 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? I 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(c-bsfrpc.com Isabel Cosio Carballo Coordinator, Legislative & Public Affairs South Florida Regional Planning Council (954) 985-4416 Cell (954) 240-3012 isabeldo-�sfrpc.com Michael J. Busha Executive Director Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, FL 34994 (772) 221-4060 mbushaCa-)tcrpc.orcq 10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: CountXAdministration Bulk Item: Yes X No Department: Project Management Staff Contact Person/Phone #: 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 May 1, 2010 and ending May 31, 2010, and no change order requests denied by Project Management or Engineering Services. PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non -cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: 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 DISPOSITION: AGENDA ITEM # Revised 7/09 �J W U m Y) DC aO aC N Z N Q z m O U W LU m 0 ce W 0 U) Z O U O M M O O O O G O 9 W IL W H O U. W d U ° °z S Z G x Q V E� U O a 78 0 L CL a a BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 16 June 2010 Division: County Administration Bulk Item: Yes x No — Department: Project Management Staff Contact Person/Phone #: Wilson ext 8797 AGENDA ITEM WORDING: Approval for execution of an extension of the State HB7121 Grant for Design and Construction of an Emergency Operations Center. ITEM BACKGROUND: The grant provides funding for design and construction of a new Emergency Operation Center for the County. This grant provided money for the design phase and for A/E services during the construction phase. Construction funding is provided, in part, by a separate FEMA grant. Final approval of the FEMA construction funds has been delayed due to Federal funding limitations and the FEMA grant prohibits the start of further work until the grant award is formally announced. The State grant, in which there are remaining funds, is due to expire on 30 June 2010. To ensure the State funds remain available, an extension of the expiration date was requested and approved by the State Dept. of Emergency Management. Approval of the grant extension does not obligate the County to provide further funding but ensures that the remaining State funds will be available through June 2013 if and when sufficient construction funds become available to proceed. PREVIOUS RELEVANT BOCC ACTION: On 20 May 2009, the BOCC approved modification #2 extending the original grant agreement until 30 June 2010. On 16 January 2008 the BOCC approved modification # 1 adding the FEMA grant to the FDEM HB 7121 sub -grant agreement. On 20 June 2007 the BOCC approved the original FDEM sub -grant agreement of HB7121 funds for design and construction of an Emergency Operations Center. CONTRACT/AGREEMENT CHANGES: This modification provides an extension of the grant agreement until 30 June 2013. STAFF RECOMMENDATIONS: Staff recommends approval of the grant extension and execution of modification #3 of the grant agreement. TOTAL COST: NONE INDIRECT COST: NONE BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NONE SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year _ APPROVED BY: CountYm' A O ' rchasing Risk Manageme t DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida DEM Contract # Effective Date: 06/16/10 Expiration Date: 06/30/13 Contract Purpose/Description: Modification #3 to the Subgrant Agreement for the Design & Construction of the Marathon EOC. State grant extenstion from June 30, 2010 to June 30, 2013 Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 06/16/10 Agenda Deadline: 06/01/10 CONTRACT COSTS Total Dollar Value of Contract: $ N/A Budgeted? Yes® No ❑ Current Year Portion: $ N/A Account Codes: 26000-510310-560620-CP9902- Grant: $ $1,099,513 - County Match: $ 25% of Federal - or $22,425.00 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW Chang-- D to In Needed Division Director 0 Yes❑ No[ Risk Management_ Yes❑ No[ 0.M B./Purchasing Yes❑ No[ County Attorney b Yes[-] No[ Comments: utilities Date Out - H'0 MONROE COUNTY PROJECT MANAGEMENT DEPARTMENT M E M O R A N D U M DATE: 27 May 2010 TO: Jerry Barnett FROM: Kevin Wilson SUBJECT: Approval of HB7121 EOC Grant Extension Recommendation: The BOCC should approve and execute modification #3 of the grant agreement with the Florida Department of Emergency Management (FDEM) extending the grant deadline for expenditure of funds until 30 June 2013. Basis for Recommendation: 1.The current grant agreement expires on 30 June 2010. Approximately 25% of the original 1,029,547.00 is not yet spent. 2. Separate FEMA funds for this project are awaiting the resolution of a federal funding freeze which will delay further work on this project past the existing expiration date of the State grant agreement. 3.Extension of this agreement does not obligate the County to expend the funds but merely reserves the option to use them should sufficient complementary funds become available to complete the project. Background: The original State grant of $1,029,547 was awarded for design and construction of an Emergency Operations Center (EOC) in 2007. The original grant expiration date was June 30, 2009 and later extended to June 30, 2010. A subsequent federal grant for hazard mitigation was received in 2008 to for design of those building features exceeding minimum Florida Building Code (FBC) standards (referred to as phase 1 FEMA grant) with a provision to provide phase 2 FEMA funds for construction of those items exceeding FBC standards. The conditions of this phase 2 FEMA grant include a requirement that no construction be started before finalization of the award. The original State grant was used by the County for design of the facility and included A/E services during the bidding & construction phases of the project. Since the award of FEMA phase 2 funds has been delayed, the state funds which are obligated to the A/E contract for bidding and construction phase activities cannot be expended prior to the expiration date of the FDEM grant agreement. To ensure the state funds previously awarded to the County for these activities remain available should construction be approved, Project Management requested an extension of the state grant agreement based its forecast of a revised funding/construction schedule. FDEM has approved the County's request for an extension to 30 June 2013. This effectively retains availability of these funds for an additional 3 years to allow the County to secure additional funding for the EOC. Should the county not have sufficient funding to start the EOC construction, nothing in this extension obligates the County to proceed. Contract Number: 08-EC-30-11-54-01-039 MODIFICATION # 3 TO SUBGRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the Division's Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division provided a sub -grant of $1,099,513 of this amount $1,029,547 in state funds and $69,966 in federal funds for Phase I; and WHEREAS, the Agreement expires on June 30, 2010; and WHEREAS, the Division and the Recipient desire to modify the Agreement by extending certain dates; and WHEREAS, both parties wish to extend the time frame for the expenditure of the state funds until June 30, 2013; and WHEREAS, the Division and the Recipient desire to modify the Agreement by amending the Exhibit 1; and NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby extended through June 30, 2013. 2. The Exhibit 1 to this agreement, is herby deleted in its entirely, and the Revised Exhibit 1, which is attached hereto and incorporated herein by reference, is substituted in its place and stead. The Revised Exhibit 1 contains the amended federal language. 3. The Budget and Scope of Work, Attachment A, to this Agreement, is hereby amended to included the Revised Budget and Scope of Work, Revised Attachment A -State, to this Modification, which are attached hereto and incorporated herein by reference, are substituted in its place and stead. 4. 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. 5. 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. |NWITNESS WHEREOF, the parties hereto have executed this document onthe dates set out below. RECIPIENT: K0ONROECQUNTY BY: NAME &TITLE: DATE: STATE 0FFLORIDA DIVISION OF EMERGENCY MANAGEMENT David Halstead, Director DATE: 2 REVISED EXHIBIT — 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE., If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $69,966 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities; include mitigation projects that will result in protection of public or private property from natural hazards. Eligible projects include, but are not limited to: • Acquisition of hazard prone properties • Retrofitting of existing buildings and facilities • Elevation of flood prone structures • Infrastructure protection measures • Storm water management improvements • Minor structural flood control projects • Relocation of structures from hazard prone areas • Retrofitting of existing buildings and facilities for shelters • Vegetative management/soil stabilization • Mitigation Planning Project • Other projects that reduce future disaster losses 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. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program provide the same information shown below for each Federal program and show total State resources awarded for matching. SUBJECT TO SECTION 215.97 FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project provide the same information shown below for each State project and show total state financial assistance awarded that is subiect to Section 215.97, Florida Statutes. 3 State Project State of Florida — Division of Emergency Management CSFA # 52.010 $1,029,547 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. 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. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB 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. 4 Revised Attachment A State Budget and Scope of Work I. SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or operational systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant infrastructure systems (e.g., electric generator, uninterruptible power supply, potable water and wastewater systems, etc.). B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist." D. The EOC shall be constructed with sufficient space to house people and equipment for day-to- day and sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use area(s) if applicable, shall be designed for an emergency operations staff size of 62 persons per shift and a workspace floor area of 5,270 gross square feet. E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: Design Wind Speed = 225 miles per hour (3 second gust) Wind Importance Factor, / = 1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCPi = +/- 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, l; 4. design wind exposure category; 5. wind directionality factor, Kd; 6. design internal pressure coefficient, GCPi; 7. design wind pressures in terms of pounds per square foot (psf) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code —Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour. K. The EOC shall be designated as a threshold building, and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and rules. L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best -practices guide(s) as approved by the Division. N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center." 101 PRODUCT ITEMS A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW-1 may be used to meet this product item. B. Per item LC, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of record. F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. G. Per item 1.13, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above -code wind and flood requirements set forth in items LE through I.J. H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to meet this product item. I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the threshold inspection final report, and the certificate of occupancy upon completion of the construction project. III. SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope -of -work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2012, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Monroe PROJECT PHASE StartDate End Date DEM Funds Other Funds Board Contract Approval Initial Payment of 20% in first quarter A&E Firm Selection Site Survey and Soil Testing Spatial Needs Assessment Preliminary Design, 70% complete Preliminary Design, 100% complete Regulatory Review Bid Document(s) Development & Award Notice to Proceed/Mobilization Construction Project Management & Special Inspections Construction 25% Complete Construction 50% Complete Construction 100% Complete Contingency Administrative Fees; maximum of 5% Sub -Totals $ TOTAL Estimated Project Cost A&E - Architectural and Engineering; DEM — Division of Emergency Management; FY - Fiscal Year Table SW-2. Cost Data for County Emergency Operations Center Table SW-2. Cost Data for County Emergency Operations Center County Name: Monroe NO. System/Component Description Estimated Cost A. SUBSTRUCTURE 1010 Foundation 1020 Slab -on -Grade 2010 Excavation 2020 Basement Walls 2030 Elevated Foundation B. SHELL ENVELOPE _ B10 Superstructure 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 1040 Load -Bearing Wall B20 Exterior Enclosure 2010 Exterior Walls 2011 veneer/Cladding 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors B30 Roofing 3010 Roof Coverings 3020 Roof Openings 3021 Soffits C. INTERIORS 1010 Partitions 1020 Interior Doors 1030 Fittings 2010 Stair Construction 3010 Wall Finishes 3020 Floor Finishes 3030 Ceiling Finishes D. SERVICES D10 Conve in 1010 Elevators & Lifts 1020 Escalators & Walks D20 Plumbing 2010 Plumbing Fixtures 2020 Domestic Water Distribution 2021 Back-up Potable Water System 2040 Rainwater Drainage D30 HVAC 3010 Energy Supply 3020 Heating System 3030 Cooling System Ito] 3050 Terminal & Package Units —— 3090 Other HVAC Sys.- D40 Fire Protection 4010 Sprinkler Sys' 4020 -Standpipe S s. 4030 Other Sys. D50 Electrical 5010 Elec. Service & Distribution 5020 Lighting & Branch Wiring 5030 Communications & Security 5090 Other Elec. Sys. 5091 Generator Sys. 5092 UPS Sys. E. EQUIPMENT & FURNISHINGS 1010 Commercial E ui . 1020 Institutional Equip. 1030 Vehicular E ui . 1090 Other Equip. 1091 Audio/Video Equip,__ 1092 Special Telecom 1093 Information Tech. 1094 Geo. Info. Sys. F. SPECIAL CONSTRUCTION 1041 Generator Enclosure 1042 Comm. Tower 1043 Heli ad 1090 Other G. BUILDING SITEWORK 1010 Earthwork 1020 Roadway & Parkin 1030 Drainage & Flood Control 1040 Security Measures 1090 Other Sitework 11 iu my C e rk's Or ► i +t a -I Contr.:ct Number: 08-EC-30-11-54-01.V9 MODIFICATION # 2 TO STATE -FUNDED SUBGRANT AGREEMENI This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the Division's Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a sub grant of $1,099,513 of this grant $1,029,547.00 in state funds and $69,966.00 in federal funds to Recipient; and WHEREAS, the Agreement will expire on June 30, 2009; and WHEREAS, the Division and the Recipient desire to modify the Agreement by extending the term through June 30, 2010 and to modify the Agreement by amending the federal Budget and Scope of Work as set forth in the amended Revised Attachment A -Federal. WHEREAS, the state funds of $1,029,547.00 must be expended on or before June 30, 2010, and the federal funds of $69,966.00 must be expended on or before December 7, 2009; and NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby extended through June 30, 2010. 2. The Revised Budget and Scope of Work, Attachment A Federal, as contained in Modification number 2 dated February 27, 2008, is hereby amended by the second Revised Budget and Scope of Work, Attachment A -Federal, to this Modification, which are attached hereto and incorporated herein by reference. The Revised Budget and Scope of Work, Attachment A -Federal, contains the additional provisions that apply only to the added federal funding. 3. Attachment A -Federal, the Recipient understands that Phase I is approved with the condition that no construction can begin until the results of the deliverables are reviewed, and Phase II activities are approved. Failure to comply with this condition could result in the loss of all funding for this project. 4. Final requests for reimbursement of state funds should be submitted no later than fifteen (15) days after the termination date of the contract. Any requests received after.July 15, 2010 may, at the discretion of the Division, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. 5. However, availability of state funds after June 30 2009 is contingent upon legislative appropriation beyond June 30 2009 6. By May 15, 2010, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. 7. 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. S. All provisions not in conflict with this Modification remain in full force and efted, end are to be preformed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECI7--eire MONROE COUI BY: 5,- ..`, 1 NAME & TITLE: G 4-45q 2 1 o NQ IaQ�t,�� rn Q �4 DATE: �J act O g STATE OF LORIDA DIVISIONPF EMERGENU MANAGEMENT BY: Rub n D imaguer, Interim Director for thetflision of Emergency Management DATE: 49, i�- C' Mr -AL) "71 DANNYL t{dLHAPe CLMI K DI pwy G4CPA 2 MONROE COUNTY A TORNEY PROVED ASS T FOR 4AS A ILEEf,� W. CASSEL ST TA CC N7D TORNEY Date Revised AtLiachment A - Federal Budget and Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a Phase I engineering feasibility study to identify modifications needed to wind retrofit the new Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon, Florida 33050, above the Florida Building Code or Miami -Dade Specifications. Phase I will provide funding for completion of design, surveying and permitting for this proposal. In order for Phase If to be considered for funding, Phase I deliverables must include a complete proposed budget and scope of work, along with engineering data from the study and engineering plans. Phase I of this project is approved with the condition that the above list of deliverables will be submitted for review and approval by the State and FEMA before Phase II is considered. No construction work may begin until Phase II deliverables are reviewed and approved by FEMA. Failure to comply with this condition can result in the loss of all funding for this project. The Period of Performance for this project ends on December 7, 2009. Schedule of Work State Contracting: 3 Months Request for A/E Proposal & Review: 3 Months Bidding of Design: 3 Months Engineering/Architectural Design: 6 Months Total Period of Performance: 15 Months Line Item Budget* Survey, Engineering Design, Project Cost Federal Share Local Share Environmental Permitting: $ 89.700.00 $ 67.275.00 $ 22,425.00 Sub -total: Administrative Cost: $ 89,700.00 $ 0.00 $ 67,275.00 $ 2,691.00 $ 22,425.00 $ 0.00 Total: $ 89,700.00 $ 69,966.00 $ 22,425.00 * Any line item amount in this Budget may be increased or decreased 10•0 or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Funding Summary Federal Share: $67,275.00 (75%) Local Share: $22.425.00 (25%) Total Project Cost: $89,700.00 (100%) Recipient Administrative Allowance up to $2,691.00 The materials and work funded pursuant to this Subgrant Agreement ore intended to decrease the vulnerability of the building to pro,�erty losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural man made disaster. The funding provided by the Division of Emergency Management under this subgrant shall compensate for the materials and labor for the installation of storm shutters and/or other hardening activities as a retrofit measure for the Recipient's building to reduce andior mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Department does not confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near absolute protection." !t is understood and agreed by the Department and the Recipient that the building may have vulnerabilities due to age, design and location which may result in damage to the building from wind events even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood and agreed by the Department and the Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the building, does not ensure the safety of survival of building occupants. N Contract Number, 08-E C-30-11-54-01-03 9 MODIFICATION #1 TO STATE -FUNDED SUBGRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and Monroe County ("the Recipient@) to modify the Division's Contract Number 08-EC-30-11-5 Agreement"). 4-01-039, dated August 27, 2007 ('the WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant of $1,029,54700 in state funds to Recipient; and WHEREAS, the Division now intends to provide additional funds to the Recipient of $69,968.00 in federal funds; and WHEREAS, the state funds of $1,029,on or before June 30 547.00 must be expended 2009, and the federal funds of $69-966.00 must be expended on or before May 8, ore and WHEREAS, the Division and the Recipient desire to mod ify the Scope of Worts, the Budget and by adding the appropriate fed al attachments. t by amending NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: I. Paragraph 17 of the Agreement is hereby amended the Agreement to $1,099,513.00. to increase the total funding under 2. The Budget and Scope Of Work, Attachment A, to this A entirety, and the Revised Budget and S Agreement is hereby deleted in its Revised Attachment A -Federal, to this Mod of Wow' Revised Attachment A -State and Incorporated herein by reference, are substituted in its Place and whi h are attached hereto and Budget and Scope of Work, Attachment A -Federal, The revised I Provisions that apply to the added federal funding. contains the adds t 3. Attachment A -Federal, the Recipient understands that Phase I Is a condition that no construction can begin until the results of the deliverables are reviewed, and Phase If activities areapproved with the the loss of all funding for this approved. Failure b comply with this condition could result in 4. Attachment E, Federal Audit Requirements, is a by reference. Attachment E is required for cos attached heith etofedand incorporated herein 5. Attachment F, Federal Recordkeeping, is attached hereto and incorporated herein by reference. Attachment F is required for compliance with federal standards. 6. Attachment G, Federal Standard Conditions, is attached hereto and incorporated her by reference, Attachment G is required for compliance with federal standards. ern 7. Attachment H, Federal Lobbying Prohibition, is attached hereto and incorporated her by reference. Attachment H is required for compliance with federal standards. e1n 8. Attachment 1; Federal Certification Regarding Debarment, Suspension, Ineligibility a Voluntary Exclusion, is attached hereto and incorporatedtY end Attachment I is required for compliance with federal nardsin by reference. 9. Attachment J, Federal Statement of Assurances, is attached hereto and incorporated herein by reference. Attachment J is required for compliance with federal standards. 10. 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. 11. 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 dates set out herein. / RECIPIENT: MONRO C BY: NAME & TITLE: Ma DATE: January 1 parties hereto have executed this document as of the "Sonny" McCoy STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT W. Craig Fugate, Director DATE: ZIZ7 1.--r MONROE COUNTY ATTORNEY PPRO S TO FORM: HR! INE M. I.IMBE T BARROWS A3813TAN TY ATTORNEY Date �T r 2 Revised Attachment A State Budget and Scope of Work 1• SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, electrical, conveying systems; lightning protection; and redundant infrastructure systems (e.g., ►� security uninterruptible power supply, potable water and wastewater systems, etc.), generator, B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management Purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency, reference Rule Chapter 9Gng Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist.' D. The EOC shall be constructed with sufficient space to house people and equipment for day-to-day and sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use area(s) if applicable, shall be designed for an emergency operations staff size of 92 persons per shift and a workspace floor area OfLM gross square feet E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established In Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service to resist the effects of a major hurricane. The wind load design requirements ements shall iinsapment shall be digccordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: Design Wind Speed = 225 miles per hour (3 second gust) Wind Importance Factor, / =1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GC, _ +/_ 0.IS All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. 3 G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria Spec of Energy's (DOE) Standard, Natural Phenomena Hazards Design and ua Evain luation Che riteria, STD-1020-2002. That is, the building enclosure must resist lumber plank weighing 15 pounds penetration by a nominal 2"x4" end -on and normal to the assemblysurface, u,�a ei n� hour (74 feet per second) striking Division. Asa p Procedures performance as approved by the applicable, Impact test rocedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E I&* and ASTM E 19%, and Florida Building Code Testing protocols TAS 201, TAS 202 and TAS 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, /; 4. design wind exposure cat factor, /Cod; 8. design internal pressure coefficient, GC„4 7. design. S. wind directlonality pounds per square foot (psf) to be used for the design of exterior component and icladding materials not specifically designed by the principal Iterm lcensed des debris impact performance criteria; 9. finish floor elevation measured relative to the National windbornesional; 8. Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical food elevation if base flood elevation is not determined. 1. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation us 20 the base flood elevation plus three at feet; the hurricane ear (0.2 percent; elevation (if determined) plus two Z f y ( Percent annual chance) flood if the area is not In a ma ()' the highest recorded flood elevation plus three (3) feet maximum, one square pe hyd�ogic design shall ensue that theial flood hazard area; whichever is greater. The site EOC and essential (point structures and service equipment are not flooded due to a 24 hour, 37.0 Inch rainfall event ancillary applied over a precedent 24 hour, 100-year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code —plumbing, the secondary system sail be sized for a rainfall rate of eleven (11.0) inches per hour. K. The EOC shall be designated as a threshold building and special structural insp required. Special inspections shall be conducted in compliance with section 553.79, Florida ons Statutes and other applicable statutes, laws and rules. L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force installation Force Protection Guide, or guide(s) as approved by the Division. other federal or state recognized best -practices N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. 4 0• During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center." 11 PRODUCT ITEMS A. Per item IN, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity, Table SW-1 may be used to meet this product item. B. Per item I.C. Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete(approximately percent) preliminary design construction drawings ands heEOC and essen 70 ancillary structures for review and comment by the Division specifications econstruction drawings shall Include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall Include site survey Information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professionals) of record. F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact design requirements set forth in Items LE through �� and security documentation, or disapproval of this documtation by Failure �t in denial of funds. G. Per item I.B, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above -code wind and flood requirements set forth in items LE through I.J. H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to meet this product item. 1. The Recipient shall provide the Division with copy(s) of threshold inspection final report, and the certificate of occupancypertinent construction permits, the construction project. upon completion of the F1 III SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result In denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope -of - also submit invoices for reimbursement for work accomplished in accordance The the Division ipient all approved cost reimbursement allocation schedule referenced in Product Item A. C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. 6 Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-2. Cost Data for County Emergency Operations Center Revised Attachment A - Federal Budget and Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a Phase I engineering feasibility study to identify modifications needed to wind retrofit the new Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon, Florida 33050, above the Florida Building Code or Miami -Dade Specifications. Phase I will provide funding for completion of design, surveying and permitting for this proposal. In order for Phase 11 to be considered for funding, Phase I deliverables must include a complete proposed budget and scope of work, along with engineering data from the study and engineering plans. Phase I of this project is approved with the condition that the above list of deliverables will be submitted for review and approval by the State and FEMA before Phase 11 Is considered. No construction work may begin until Phase II deliverables are reviewed and approved by FEMA. Failure to comply with this condition can result in the loss of all funding for this project. The Period of Performance for this project ends on May 8, 2009. Schedule of Work State Contracting: Request for A/E Proposal & Review: Bidding of Design: EfKllneerina/Archit n oral Design Total Period of performance: ViRrint 11 Survey, Engineering Design, Environmental Permitting: Sub -total: Administrative Cost Total: Project Cost 3 Months 3 Months 3 Months 6 Mon hs 15 Months Federal Share Local Share $ 89�7 0.� a 2 $ 67 $ $ 22,425.00 $ 89,700.00 $ 69,966.00 $$ 22�--ma 00,425.00 Any line item amount in this Budget may be Increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds oblIgated under this Agreement Is not increased. Federal Share: $67,275,00 (75%) Local Share: U2.425 pp (25%) Total Project Cost: $89,700.00 (100%) Recipient Administrative Allowance up to $2,691.00 The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specitically not intended to provide for the safety of inhabitants before, during or after a natural man made disaster. The funding provided by the Division of Emergency Management under this subgrant shall compensate for the materials and labor for the installation of storm shutters and other 10 hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Department does not confer or imply any warranty of use or suitability for the work Performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near absolute Protection." It is understood and agreed by the Department and the not provide IpiOnt that the building may have vulnerabilities due to age, design and location which may result in damage to the building from wind events even after the installation of the mitigation measures funded under this Subgrant Agreement. It Is further understood and agreed by the Department and the Recipient that the level of wind protection provided by the mitigadon action, although meeting State standards and codes and enhancing the structural Integrity of the building, does not ensure the safety of survival of building occupants. 11 Attachment E Federal Audit Requirements 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 indicates Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended In Its fiscal year, the Recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 In Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OM8 Circular A-ar as revised, the cost of the audit must be paid from non -Federal resources (iO the cost r such audit must be paid from Recipient resources obtained from other than Federal entities). Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient of the following: directly to each Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (an electronic copy shall also be submitted to aurilla.parrlsh@dca.state.fl.usj and Division of Emergency Management Bureau of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 12 Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a COPY of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.usj and Division of Emergency Management Bureau of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 13 Attachment F Federal Recordkeeping 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 OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A- 87, "Cost Principles for State and local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. 14 Attachment G Federal Standard Conditions With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: not declared ineligible, or voluntarily excluded from cove red transactions bypa federal al departmesed for nt or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment K) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. 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. Sta• or the Florida Constitution. Unless inconsistent with the public Interest or unreasonable in cost, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a. 15 Attachment H Federal Lobbying Prohibition The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. N any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be Included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, bans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 16 Attachment I reaera Uertmcation Regarding Debarment, Suspenslon, Ineligibility Contractor Covered Transactions (1) The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its p p ' suspended, proposed for debarment, declared ineligible, or vol �tarily excluded fromdparticied, in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the Prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Name and TI Street Address City, State, Zip Date Recipient's Name Division Contract Number 17 Attachment J Federal 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. 91-648) 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 Ad. 4. It will establish safeguards to prohibit employees from usingtheir or gives the appearance of being motivated by a desire for positions for a purpose that is particularly those with whom they have family, business, or o�therties in for themselves or others, S. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. it will insure that the facilities under its ownership, lease or supervision the accomplishment of the project are not listed on the Environmental Protection hall be utilized in list of Violating Facilities and that it will notify the Federal grantor Agency's (EPA) communication from the Director of the EPA Office of Federal Amities indicating that a facileceipt of e 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 Section 102(a) requires, on and after March 2, 1975, the purchase ofood i sura ceI 31, 1978, 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 19M (16 USC 569a-1 et seq.) byconsu with the State Historic Preservation Officer on the conduct of Investigations as neec ssary, tong 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 18 established by the Federal grantor agency to avoid or mitigate adverse effects upon such Properties, 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 Prog or regulations. rams Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, 11. It will comply with the provisions of 28 CFR applicable to grants and coo including Part 18, Administrative Review Procedure; Part 20, Criminal Justicen foirmatiion agreementsve Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures, Part 61, Procedures for Implementing the National andiFede ai Environmental Policy regulationsAct, Part 6applicable to ederallAAssistte� Wetland Protection Procedures; 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 te with Disabilities Act (ADA) 0990); Title IX of the Education Amendmenttsof 1972h he Age Americans 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 national origin, sex, or disability against a recipient of funds, the recipient will forward a cioonp,y of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. it will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the ex funds within the units of the Coastal Barrier Resources System.expenditure of most new Federal 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. 19 STATE OF FLORIDA DIVISION OF EMERGENCY CHARLIE CRIST Govemor February 27, 2008 RETURN RECEIPT CERTIFIED MAIL Monroe County 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 Attn: Dave Koppel Re: Agreement # 08-EC-30-11-64-01-039 Dear Mr. Koppel: MANAGEMENT W. CRAIG FUGATE Director Enclosed is your copy of the fully executed modification to extend the above referenced agreement to Monroe County. Please make this modification a part of your agreement file. if you have any questions in this regard, please contact me by phone, 8,5* 413-9920 or by email ienene.helms((Dem mvflorida com Enclosure Sincerely, Cne�" Helms Grants Administration Unit Division of Emergency Management fFE8 2 8 2008 FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGiSTICSRESPONSECENTER 38 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Marv, FL 32746-0201 Tallahassee FL 32399-2100 Orlando. FL 32809-5831 �s. Contract Number: STATE -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority to disburse the funds under this Agreement pursuant to State Fiscal Year 2006 — 2007, Chapter 2006-71, Laws of Florida, Section b. The purpose of this act implements provisions relating to county emergency operations centers and designated alternate state emergency operations centers. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) ►NCORPORATION OF LAWG {al 11 Fc M&ULATIONS A 4p POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin January 24, 2007, and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF NTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, the Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, Including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. I (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, FIa Stat., it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, FIB,; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), FI to . This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, I . tat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the 3 provisions of Section 215.97, Fla. 3tat, the cost of the audit must be paid from the nonstate entity's resources (i.e.. the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities) information on the Florida Single Audit Act may be found at the following website: Additional ht!p: 'A wvr.s!atr f; us fsaa'stat�tes htmf. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directl to each of the following: The Division of Community Affairs at each of the following addresses: Division of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard 32399-2100 Tallahassee, an electronic copy shall also be submit Florida to auurll a parrish*dca.state.fl.usJ and Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental E entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Sta. by an independent certified public accountant (IPA) who shall either be 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 submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) U-MTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. the Division. (e) The Recipient shall provide such additional program updates or information as may be required by (8) MONITORINQ. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, I . (see paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the 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) IA I . (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, I a ., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, FI tat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. at. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State o Florida to be sued by third parties in any matter arising out of any contract. (10) DEFA )LT, If any of the following events occur ("Events of Default,,), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph 01), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the .Division and has not cured such in timely fashion, or Is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient falls to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) �MEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in Paragraph (13) herein; II (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; (f) Exercise any other rights or remedies which may be otherwise available under law; (9) The pursuit of any one of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, I t., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-413-9920 Fax: 850-488-7842 Email: ienen ?.helms@emmvflorida com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dave Koppel, Engineer Monroe County 110 Simonton Street Key West, Florida 33040 Telephone: 305-292-4426 Fax: 305-295-4321 Email: Koppel Dave CQ'monroecounty fl pov (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. 0 (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fta. Stat. (15) TERMS AND CON DITI_ ONa This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as If set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D — Warranties and Representations (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 $1,029,547 subject to the availability of funds. 10 (b) Any advance payment under this Agreement is subject to Section 216.181(16). Fla, tat. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1 No advance payment is requested. 2• An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds In accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. t ., if a check or other draft is returned to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. 09) VENDOR PAYMENTS Pursuant to Section 215.422, FI tat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) i tat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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, 12 or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminator) vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list 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 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (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 an accordance with Chapter 216, Ft . j y modification in adP a 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. p) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. At. (k) The Division of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Sty., and made or received by the Recipient in conjunction with this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 13 (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011. with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Et . tat. (21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 14 (23) PROPERTY MANAGEMENT. (a) Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any equipment or other personal property purchased under this Agreement in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the Recipient must return to the Division the subgrant funds used to purchase the property. (b) The Recipient shall not use equipment acquired with State funds to provide services to non -State outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Florida statute, for as long as the State retains an interest in the equipment. (c) The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by State funds and shall not encumber the property without approval of the Division. When no longer needed for the original project or program, the Recipient shall use the equipment in connection with its other State -sponsored activities, in the following order of priority: (i) Activities sponsored by the Division, then (ii) activities sponsored by other State agencies. (d) During the time that equipment is used on the project or program for which it was acquired, the Recipient shall make it available for use on other projects or programs if such other use will not Interfere with the work on the project or program for which the equipment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Division; second preference shall be given to projects or programs sponsored by other State agencies. If the equipment is owned by the State of Florida, use on other activities not sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as program income. (e) When acquiring replacement equipment, the Recipient may use the equipment to be replaced as trade-in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the Division. 15 (f) The Recipient's property management standards for equipment acquired with State and State-owned equipment shall include all of the following. (1) Equipment records shall be maintained accurately and shall include the following information. (i) A description of the equipment. (ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number. (III) Source of the equipment, including the award number. (iv) Whether title vests in the Recipient or the State of Florida. cost. (v) Acquisition date (or date received, if the equipment was furnished by the State of Florida) and (vl) Information from which one can calculate the percentage of State participation In the cost of the equipment (not applicable to equipment furnished by the State of Florida). (vii) Location and condition of the equipment and the date the information was reported. (viii) Unit acquisition cost. (ix) Ultimate disposition data, including date of disposal and s(ix) Ultimate disposition data, including date of disposal and sales price or the method used to determine current fair market value where a Recipient compensates the Division for its share. (2) Equipment owned by the State of Florida shall be identified to indicate State ownership. (3) A physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years. Any differences between quantities determined by the physical Ins and those shown in the accounting records shall be investigated to determine the causes of e differenceT hen t Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. (4) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the equipment was owned by the State of Florida, the Recipient shall promptly notify the Division. (5) Adequate maintenance procedures shall be implemented to keep the equipment in good condition. (6) Where the Recipient is authorized or required to sell the equipment, proper sales procedures shall be established which provide for competition to the extent practicable and result in the highest possible return. (g) When the Recipient no longer needs the equipment, the equipment may be used for other activities in accordance with the following standards. For equipment with a current per unit fair market value of $5000 or more, the 16 Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of compensation shall be computed by applying the percentage of State participation in the cost of the original project or program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used to meet the Division's requirements. if no requirement exists within that agency, the availability of the equipment shall be reported to the Department of Management Services by the Division to determine whether a requirement for the equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar days after the Recipient's request and the following procedures shall govern. (1) If so instructed or N disposition instructions are not issued within 120 calendar days after the Recipient's request, the Recipient shall sell the equipment and reimburse the Federal awarding agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However, the Recipient shall be permitted to deduct and retain from the State share $500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses. (2) If the Recipient is instructed to ship the equipment elsewhere, the Recipient shall be reimbursed by the State of Florida by an amount which is computed by applying the percentage of the Recipient's participation in the cost of the original project or program to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs incurred. (3) If the Recipient is instructed to otherwise dispose of the equipment, the Recipient shall be reimbursed by the Division for such costs incurred in its disposition. (4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appropriately identified in the award or otherwise made known to the Recipient in writing. (ii) The Division shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and federally -owned equipment. If the Division fails to issue disposition instructions within the 120 calendar day period, the Recipient shall apply the standards of this section, as appropriate. (III) When the Division exercises its right to take title, the equipment shall be subject to the provisions for State-owned equipment. (24) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, it applicable, its governing body has authorized, by resolution or 17 otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES. NCES. The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Reclolent: Monr ty ,j Name and title: Mario DiGennaro, Mayor Date: June 20 2007 SAMAS # STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT MONROE COUNTY ATTORNEY APPROVED A� FORM 14ATlLEENE W. CASE FL ASSISTANT COUNTY ATTORnOE- Date c� 7 f 'E Name and Title: Date:_ V EXHIBIT -1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MAT HING EDERAL PRO RAMS $ (amount SUBJECT TO SE['T N 215 a� FLORIDA STATUTES State Project State of Florida - Division of Emergency Management CSFA # 52.010 $1,029,547 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows. 1. First applicable compliance requirement (e.g., what services/purposes resources must be used lor). 2• Second applicable compliance requirement (e.g., eligibilit 3. Etc. y requirements for recipients of the resources). 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. NOTE.- Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulat/on(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB 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. Z Attachment A Budget and Scope of Work 1. SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be consistent with Section 1(1), Ch, 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase of equipment, furnishings, communications, or operational systems; or recurring expenditures. Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections; mechanical, plumbing, and security systems; lightning protection; and redundant infrastructure systems (e.g., electric genera generator, uni terru tible power supply, potable water and wastewater systems, etc.). P power B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and allowable costs under said grant program. C. The Recipient shall state in writing that for a period of not less than 15 years from the date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes. The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management Capabilities Assessment Checklist." D. The EOC shall be constructed with sufficient space to house nc P g people and equipment for day-to-day and sustained continuous emergency y operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use area(s) if applicable, shall be designed for an emergency operations staff size of §2 persons per shift and a workspace floor area of 5.270 gross square feet. E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). F. The EOC and essential ancillary structures and service equipment shall be designed to resist the effects of a major hurricane. The wind load design requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall Include: Design Wind Speed = 225 miles per hour (3 second gust) Wind Importance Factor, /= 1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCp; _ +/- o.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. G. The EOC and essential ancillary structures and service equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria ,)o specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203, The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor, h, 4. design wind exposure category; 5. wind directionality factor, K., 6. design internal pressure coefficient, GCp,; 7. design wind pressures in terms of pounds per square foot (psf) to be used for the design of exterior com ponnt andmatials specifically designed by the principal licensed design professional; 8. windborne deebris imps tladding perfo mance criter at; 9. finish floor elevation measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event. J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code —Plumbing, the secondary system shall be sized for a rainfall rate of eleven 01.0) inches per hour. K. The EOC shall be designated as a threshold building, and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and rules. L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.) M. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best -practices guide(s) as approved by the Division. N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1, Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar instrument as approved by the Division may be used. O. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center." 11 II. PRODUCT ITEMS A. Per item I.N, Recipient shalt prepare an initial timeline with key milestone activities/tasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SW-1 may be used to meet this product item. B. Per item I-C, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (1) hour of detection of an emergency. C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. D. The Recipient shall provide one (1) set of substantially complete (approximate) 70 desi construction drawings and specifications for the EOC and essential ancillary structures or review and comment by then Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered.,or licensed design professionals) of record. F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. G. Per item 1.8, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above -code wind and flood requirements set forth in items LE through I.J. H. Per item 1.0, the Recipient shall provide final project cost data item. . Table SW-2 shall be used to meet this product 1• The Recipient shall provide the Division with copy(s) of pertinent construction final report, and the certificate of occupancy upon completion of the construction projectrmits, the threshold inspection 22 Ill. SCHEDULE OF WORK A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be provided 30 calendar days to review and provide comments of product items pertaining to compliance with the scope -of - work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. 23 Table SW-1. initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-J. initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Mon PROJECT PHASE Start Date End Date OEM Funds Other Funds Board Contract Initial Payment of 200,1- in first uarter A&E Firm Selection Site Survey and Soil Testin Spatial Needs Assessment Preliminary Design, 70% com lete Preliminary Design, 100% com fete Re ulato Review Bid Document(s) Development & Award Notice to Procee I/Mobilization Construction Project Management & 222c.i-a-1-in—spections Mof5% uction 25% lete uction 50% ete uction t 00% te ency trative Fees; m of 5%afsEstimated A&E - Architectural and Engineering; DEM - Division of Emergency Management; FY - Fiscal Year 24 Table SW-2. Cost Data for County Emergency Operations Center 26 Attachment B Program Statutes and Regulations 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G-19, Florida Administrative Code 27 ZECIPIENT: Attachment C JUSTIFICATION OF ADVANCE PAYMENT hich to r checking one of the poxes 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)(a) and b Florida Statutes. The amount which may advanced shall not exceed the expected cash needs of the recipient within the initial NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ 1 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. If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) DESCRIPTION FF1' 2002 FFY 2003 FFY 2004 Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS Divide line 2 b line I.) First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE Ar LO IED rar r►r ATiN: Cell D3 X $ 1� _ DEM Award MAXIMUM (Do not include any match) ADVANCE tEOUEST FOR WAIVER OF CALCUL 4TED MAXIMUM [ ) Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. BUDGET CATEGORY ADMINISTRATIVE COSTS (Include Seco, idary Administration PROGRAM EXPENSES I TOTAL EXPENSES �Exolana/ion ofC'rcums/airces 20042005 Anticipated Expenditures for First Three !-fonths of Contract 29 Attachment 0 Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets outlays, income and interest. shall (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial Information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, with the provisions of the applicable cost principles and the terms and conditions of this grants accordance (6) Accounting records, including cost accounting records that are supported by source documentation. c2mwilvp-1 All procurement transactions shall be conducted in a manner to provide, to the maximum extent Practical, open and competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices amongcontra may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor Performancetree eliminate unfair competitive advantage, contractors that 9 , contractors that develop or draft specifications, requirements, statements of wand ork Invitations for bids and/or requests for r be made to the bidder or offeror whose id or olffehisires excluded from coand is most advantageous to the mpeting for such procurements. Awards shall Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements Ponsive to the solicitation offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. that the bidder or Codes of onduct The Recipient shall maintain written standards of conduct governing the performance of its employees award and administration of contracts. No employee, officer, or agent shall participate in the selection, away administration of a contract Supportedengaged in the by public grant funds if a real or d, or Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate apparent conflict of interest would be involved. partner, or an organization which employs or is about to employ any of the parties indicated herein, has a fin other interest in the firm selected for an award. The officers, employees, and agents of the Recipient family, his or her nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards or conduct shall provide for disciplinary actions to be applied for violations of such standards by offs ers employees, or 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 30 Licensing and permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required f particular work for which they are hired by the Recipient, q or all of the 31 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 16 June 2010 Division: County Administration Bulk Item: Yes x No _ Department: Project Management Staff Contact Person/Phone #: Wilson ext 8797 AGENDA ITEM WORDING: Approval for issuance of a Request for Proposals (RFP) for renovation of the Monroe County Courthouse in Marathon. ITEM BACKGROUND: Permit reviews of the renovations have been completed by the City of Marathon and the permit is ready for issuance to a contractor. Funding for the construction is to be shared between the Courts and the County. PREVIOUS RELEVANT BOCC ACTION: At its 18 June 2008 meeting the BOCC re -authorized the design contract for this project. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Staff recommends issuance of an RFP. TOTAL COST: $900 INDIRECT COST: NONE BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $900 SOURCE OF FUNDS: Fund 304 & Court Facilties REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty ��MB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY PROJECT MANAGEMENT DEPARTMENT M E M O R A N D U M DATE: 27 May 2010 TO: Jerry Barnett FROM: Kevin Wilson SUBJECT: Issuance of RFP for Marathon Courthouse Renovations Recommendation: The County should issue a Request for Proposals to renovate the Marathon Courthouse. Basis for Recommendation: 1. The City of Marathon has informed the County that the building permit review process is complete and the permit is ready to issue. 2. The renovation of the Marathon Courthouse is one of the long planned capital improvement projects still in the top tier of projects to move forward. Background: Plans for renovation of the County Courthouse in Marathon have been under development since before 2008. Design work on the project has been delayed several times for various reasons. After a review of the priority of capital improvement projects in 2009, this project remained among those that would be pursued since funding was to be shared between the County and the Court system. The plans were completed and reviewed by Court representatives in early 2010 and submitted for building permit review in March 2010. The City of Marathon advised in May 2010 that the permit reviews were complete and a permit was ready for issuance. The project costs will exceed the threshold for formal public bid. Issuance of an RFP is required to select a contractor for the project. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 166, 2010 Bulk Item: Yes X No v Division: _County Administration Department: Project Manement Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Request approval to construct an addition to the existing AIDS Memorial located at IJiggs Beach, Key West. Attached drawings show the Design and Scope of the project. Approval is subject to any changes to the design that may be required to meet current codes and changes necessary to conform to the design concepts of the Higgs Beach Master Plan, which is under development at this time. ITEM BACKGROUND: Funding ($45,000.00) has been approved by the TDC with no matching funds required from the County. The Friends of the AIDS Memorial have agreed to provide additional funding that may be required beyond that provided by the TDC. The Friends of Higgs Beach Committee and the Master Plan Architect have approved support for the project at the committee's May 14'h 2010 meeting. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $45, 000 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $45,000.00 SOURCE OF FUNDS: _TDC REVENUE PRODUCING: Yes No X ___ AMOUNT PER MONTH Year APPROVED BY: County Atty '� OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised. 7/09 m'. jg y 6 r �c wYA.A rev x# J W SON3iLL qO SON31W IblbOiN3 Y : I z 'l�dI8OW3SN W (n � �g OKK/EF', ¢fnJo{d tve/./FiH ,lv,8ovy3W Salt' 3Hl 30 SQN31d.� OrOU VOIHI7ld "iC;W A3A 133rias 3DW lv,I IOVY3W SGIV d ti IA; r . 3 ^ ' ` V g i _- - - Lu IVINOW3W SCIIV 3H1 30 SON3183 $ 'z_ (`) �a O�-t Voia017 "Is3M"3A 133a�S 31:FVN � � ' I� i ��y: �� 2 �d180W3W SOIL/ '�' = m �' 2�4 ✓Wi co �< I z j ui cWn n w Q � O a� IA; t {y is BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-16-2010 Division: _County Administrator Bulk Item: Yes _X_ No — Department: Social Services/In-Home Services Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval of the Community Care for the Elderly (CCE) Contract K71071 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/10 to 6/30/11. ITEM BACKGROUND: Approval of the CCE Contract will enable Monroe County In -Home Services to continue providing services to Monroe County's elderly population under the Community Care for the Elderly program. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Amendment 005 to CCE Contract #KC-971 on 2-17-10. CONTRACT/AGREEMENT CHANGES: none - STAFF RECOMMENDATIONS: Approval TOTAL COST: $461,760.00 INDIRECT COST: _-0-_BUDGETED: Yes X No COST TO COUNTY: Inkind (Space) Match of $29,002.00 SOURCE OF FUNDS: No Cash Match is Required- an Inkind(Space) Match of $29,002.00 and co -Payment Match of $22,305.00 will be used for the $51,307.00 Total Match Commitment. REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH approx.$2 500.00 �B Year gpprox. $30 000 00 APPROVED BY: County AttX OMB/Purchasing _X—Risk Management X DOCUMENTATION: Included X Not Required, DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract # KC-1071 Effective Date: July 1, 2010 Expiration Date: June 30, 2011\ Contract Purpose/Description: Approval of the Community Care for the Elderly (CCE) Contract#KC-1071 will enable Monroe County In -Home Services to continue providing services to Monroe County's elderly population. Contract Manager For BOCC Sheryl Graham (Name) on 6/16/2010 4510 Social Services/Stop 1 (Ext.) (Department/Stop #) Deadline: 6/1/2010 CONTRACT COSTS �,141 t t60• va Total Dollar Value of Contract: $_593;3q.Q Current Year Portion: $ Budgeted? Yes X No Account Codes: 125-6153810 Grant:$461,760.00 (Fiscal Year) County Match: (Required) Inkind Match of $29,002.00 and Client Co -Pay Match of $22,305.00 will be used for the $51,307.00 Total Match Commitment Estimated Ongoing Costs: $ /yr ADDITIONAL COSTS For: (Not included in dollar value above) CONTRACT REVIEW Changes Division Director Date In __6;W1b Neede Yes No Risk Management j- a+10 Yes O.M.B./Purchasing r45-jt6 Yes County Attorney / I �'V \ tb ,`[ Yes oNo Comments: OMB Form Revised 2/27/01 MCP #2 etc Date Out Revi wer I CONTRACT KC 1071 Page 1 COMMUNITY CARE FOR THE ELDERLY CONTRACT 2010-2011 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, V, VI, VII, VIII and IX are integral to this Agreement The parties agree: I. Provider Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement and included in the Service Provider Application (SPA) The provider will not be allowed to provide services that are not included in the 2010 SPA and included related Unit Cost Methodology submitted as an integral part of the 2010 application. In the event of the conflict between the Service Provider Application and this contract, the contract controls. B. Final Request for Payment: The provider must submit the final request for payment to the Alliance no later than July 15, 2011; if the provider fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. 2. If the contract is terminated prior to the contract end date of July 15, 2011, then the provider must submit the final request for payment to the Alliance no more than 45 days after the contract is terminated, but no later than July 15, 2011. If the provider fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. C. Additional Reporting Requirements 1. If the Alliance has sanctioned the provider, while the sanctions are in effect the provider shall provide to the Alliance, on a monthly basis, the provider's financial statements that reflect the current, un-audited revenues and the provider's cash position as well as any other financial and/or programmatic documentation that may be requested by the Alliance. CONTRACT KC 1071 Page 2 2. If the provider is required to prepare a corrective action plan or respond to a Fiscal and/or Programmatic Monitoring, supporting documentation as requested by the Alliance shall be provided within the time frame stipulated by the Alliance. 3. If the provider has requested transfers of funds between programs, supporting documentation shall be provided. 4. The provider is to provide explanations to any program surplus/deficit and/or program spend -out plans as requested by the Alliance for Aging within the time period requested by the Alliance. 5. The provider is responsible to report the units of services in CIRTS on a monthly basis. The provider is ultimately responsible to ensure that sub - providers report units of service in CIRTS as well. 6. Invoices must be submitted no later than 90 days after the end of the month on which the expense was incurred, except that invoices can not be submitted after close out report date (usually July 15th.) Invoices submitted late will not paid. Exceptions to this rule are at the discretion of the Alliance, on a case by case basis; such exceptions must be requested prior to the expiration of the invoicing deadline. In making a determination of the exception the Alliance will consider whether the disruption to the billing cycle was beyond the control of the provider, the frequency with which such exceptions are requested by the provider, and whether the Alliance can request reimbursement at a late date from DOEA. The provider acknowledges that failure the 2008 CCE/Lead Agency RFP and in delay or termination of payment and/or actions, including termination of contract. II. The Alliance Agrees: A. Contract Amount to meet the requirements set forth in this agreement as well may result in in sanctions and other enforcement To pay for services according to the conditions of Attachment I in an amount not to exceed 461,760 for the State Fiscal Year 2010-2011, subject to the availability of funds. B. Obligation to Pay The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. C. Source of Funds The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the provider 2 CONTRACT KC 1071 Page 3 pursuant to this contract are in the state grants and aids appropriations and consists of the following: Program Title Year Funding Source CSFA# Fund Amounts Community Care for the Elderly 2010 General Revenue/Tobacco Settlement Trust Funds 65010 $ 461,760 TOTAL FUNDS CONTAINED IN THIS CONTRACT: $ 461,760 III. Provider and Alliance Mutually Agree: A. Effective Date: This contract shall begin on July 1, 2010 or on the date the contract has been signed by both parties, whichever is later. 2. Delivery of services shall end on June 30, 2011. This contract shall end on July 15, 2011. See Attachment I, Section III.F. B. Termination, Suspension, and/or Enforcement: This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contractor or the representative of the contractor responsible for administration of the contract. Failure to have performed any contractual obligations with the Alliance in a manner satisfactory to the Alliance will be a sufficient cause for termination. To be terminated as a contractor under this provision, the contractor must have (1) previously failed to satisfactorily perform in a contract with the Alliance, been notified by the Alliance of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the Alliance; or (2) had a contract terminated by the Alliance for cause C. Provider Responsibility: The provider maintains responsibility for the performance of all sub providers and vendors in accordance with all applicable federal and state laws. D. Notice, Contact, and Payee Information: The name, address, and telephone number of the contract manager for the Alliance for this contract is: Max B. Rothman, JD, LL.M. President and CEO 760 NW 107'h Ave, Suite 214 Miami, Florida 33172 (305) 670-6500, Ext. 224 3 CONTRACT KC 1071 Page 4 2. The name, address, and telephone number of the representative of the provider responsible for administration of the program under this contact is: 3. In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 4. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: (Fill in contact information). E. Renegotiation or Modification 1. Modifications or changes to the funding in this contract and corresponding services related to the increase or decrease, may be made in the form of a written Contract Amendment signed by the Alliance's President and CEO. The Board President or its Designee of the Provider shall sign the Notice of Award Increase/Decrease and return it to the Alliance within fourteen (14) days or sooner if requested by the Alliance. By signing Notice of Award Increase/Decrease, the Board President or its Designee of the Provider acknowledges the receipt of and agreement with the terms contained in the Notice. 2. Upon Receipt of a Notice of Award Increase/Decrease, the provider shall update affected information in budget summaries, deliverable schedules, or any other applicable financial information contained in this contract. The parties shall then incorporate such changes into a contract amendment. This shall be done within ten working days of receipt of such notice. IN WITNESS THEREOF, the parties hereto have caused this contract (including Attachment I- 111) to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of Commissioners. SIGNED BY: NAME: Sylvia J. Murphy Mayor TITLE: 6-16-2010 DATE: ALLIANCE FOR AGING, INC. SIGNED BY: NAME: Max B. Rothman, JD, LL.M. TITLE: President and CEO DATE: 4� F�' , CONTRACT KC 1071 Page 5 ATTACHMENT COMMUNITY CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Community Care for the Elderly (CCE) Program provides community -based services organized in a continuum of care to assist aged 60+ elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. II. SERVICES TO BE PROVIDED A. Services: 1. The provider's service provider application submitted in response to the 2010 CCE /Lead Agency RFP and any revisions thereto approved by the Alliance and located in the Contract Manager's file are incorporated by reference in this contract between the Alliance and the provider, and prescribe the services to be rendered by the provider. 2. Consumers may not be enrolled in a Department of Elder Affairs state general revenue funded program, including CCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and the Program of All Inclusive Care for the Elderly (PACE) program. B. Manner of Service Provision: The services to be provided are those described in the provider's service provider application submitted in response to the 2010 CCE /Lead Agency application and as described in this contract. All CCE services will be provided in a manner consistent with the conditions set down in the 2009 Florida Department of Elder Affairs Programs and Services Handbook or any revisions made thereafter. and by the Alliance. In the event either the handbook or the service provisions established by the Alliance is revised, such revision will automatically be incorporated into the contract and the provider will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed unit rate for approved services. The provider must ensure fixed unit rates include only those costs which are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106C and 105C. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. 5 CONTRACT KC 1071 Page 6 B. The provider shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request. C. The provider may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. D. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance within thirty (30) days of the end of the first quarter of the contract period. E. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service Maximum Service to be Provided Unit Units of Maximum Rate Service Dollars Adult Day Care $16.17 665 $10,755.28 Case Management $52.57 1,026 $53,932.07 Chore $33.75 16 $540.00 Homemaker $22.76 9,507 $216,378.27 Intake $53.17 53 $2,844.59 Personal Care $34.89 4,205 $146,712.13 In Home Respite $23.59 1,297 $30,597.66 Total $461,760.00 F. Additional Reporting Conditions: 1. The provider agrees to implement the distribution of funds as detailed in the service provider application and the Budget Summary, ATTACHMENT 111 to this contract. Any changes in the total amounts of the funds identified on the Budget Summary form require a contract amendment. 2. The provider is to offer services based on clients' service plans and will not be restricted to providing the services as projected. Additional budget revisions/contract amendments will be required to move funding among these services. Any changes in the total amount of the funds under contract require a formal contract amendment. 3 CONTRACT KC 1071 Page 7 3. The Alliance reserves the right to adjust the total quarterly award as well as the contracted unit rate to reflect provider costs and utilization rates based on actual consumers enrolled in the program. 4. This contract is for services provided beginning July 1, 2010 through June 30, 2011, however, the contract is in effect through July 15, 2011 in order to provide for maximization of resources and to allow for greater flexibility to pay for the services rendered by June 30, 2011. Services provided after June 30, 2011 cannot be reimbursed under this contract. 5. The provider shall submit a draft closeout report by July 15, 2011. 6. The final expenditure report and request for payment will be due to the Alliance no later than July 15, 2011. No expenditure reports or requests for payment will be accepted after July 15, 2011. F. 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 and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. G. The provider need to provide the Alliance with an expenditure plan by July 15 or two weeks after contract has been signed, a monthly update due on the 21 of each following month. The expenditure plan and updates must follow the format provided by the Alliance IV. SPECIAL PROVISIONS A. State Laws and Regulations: 1. The provider agrees to comply with applicable parts of Rule Chapter 58C-1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs 2009 Florida Department of Elder Affairs Programs and Services Handbook or any revisions made thereafter. 3. The provider agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: 7 CONTRACT KC 1071 Page 8 The provider will ensure that pursuant to Section 430.205(5), Florida Statute, those elderly persons who are determined by adult protective services to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the department or as established in accordance with department contracts by local protocols developed between department service providers and adult protective services. 2. Priority Criteria for Individuals in Nursing Homes in Receivership The provider will ensure that pursuant to Section 400.126 (12), Florida Statute, those elderly persons determined through a CARES assessment to be a resident who could be cared for in a less restrictive setting or who do not meet the criteria for skilled or intermediate care in a nursing home, will be referred for such care, as appropriate for the resident. Residents referred pursuant to this subsection shall be given primary consideration for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Florida Statute. 3. Priority Criteria for Service Delivery: a) Individuals in nursing homes under Medicaid who could be transferred to the community; b) Individuals in nursing homes, whose Medicare coverage is exhausted and may be diverted to the community; c) Individuals in nursing homes which are closing and can be discharged to the community; or d) Individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. e) For the purpose of transitioning individuals receiving Community Care for Disabled Adults (CCDA) and Home Care for Disabled Adults (HCDA) services through the Department of Children and Families (DCF) Adult Services to community -based services provided through the department, when services are not currently available, area agency on aging staff and lead agency case managers shall ensure that "Aging Out" individuals are prioritized for services only after Adult Protective Services (PAS) High Risk and Imminent Risk individuals. 4. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Service priority for individuals not included in groups one, two or three above, regardless of referral source, shall be determined through the department's client assessment form administered to each applicant, to the extent funding is available. First priority will be given to applicants at the higher levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. CONTRACT KC 1071 Page 9 5. Referrals for Medicaid Waiver Services: a) The provider must identify, through the consumer assessment, potential Medicaid eligible CCE consumers and refer these individuals for Medicaid Waiver services. b) Individuals who have been identified as being potentially Medicaid Waiver eligible are required to apply for Medicaid Waiver services in order to receive CCE services and can only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the consumer is found ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, they may continue to receive CCE services. c) Individuals who have been identified as being potentially Medicaid Waiver eligible must be advised of their responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. C. Co -payment Collections: 1. The provider will establish annual co -payment goals. The Alliance has the option to withhold a portion of the provider's Request for Payment if goals are not met according to the Department of Elder Affairs co -payment guidelines. 2. Co -payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co -payment. The contribution must be equal to or greater than the assessed co -payment. 3. Co -payments collected in the CCE program can be used as part of the local match. D. Match: The provider will assure a match requirement of at least 10 percent of the cost for all Community Care for the Elderly services. The match will be made in the form of cash and/or in kind resources. At the end of the contract period, all Community Care for the Elderly funds expended must be properly matched. E. Service Cost Reports: The provider will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. M CONTRACT KC 1071 Page 10 ATTACHMENT 11 COMMUNITY CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Report Number Based On 1 July Advance * .............. 2 August Advance *................................:....................... ................................... 3 July Expenditure Report ................................................. 4 August Expenditure Report ............................................. 5 September Expenditure Report .......... 6 October Expenditure Report ......................... 7 November Expenditure Report .................. ........................ 8 December Expenditure Report .......... 9 January Expenditure Report ................................ 10 February Expenditure Report/July Advance Reconciliation**. 11 March Expenditure Report /August Advance Reconciliation** 12 April Expenditure Report ............... .................................. 13 May Expenditure Report ..................................... .............. 14 June Expenditure Report .................... ....................... Legend: ** Note # 1: Submit To The Alliance On This Date July 1 July 1 August 15 September 15 October 15 November 15 December 15 January 15 February 15 March 15 April 15 May 15 June 15 July 15 Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Alliance, payment is to accompany the report. The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 10 CONTRACT KC 1071 Page 11 ATTACHMENT III REFERRAL PROTOCOL REFERRAL PROTOCOL Issue: Screening, Triage, and Referral for Activation under the Community Care for the Elderly/Home Care for the Elderly Programs and for the Aging & Disabled Adults and the Assisted Living for the Elderly Medicaid Waivers. Policy: Referrals will be based on availability of funds, in accordance with prioritization requirements. Purpose: To ensure funding is spent expeditiously and consumers are referred into programs for appropriate services. Procedure for Monroe County: Roles and Responsibilities A. Alliance for Aging / Aging Resource Center ➢ Monitors overall program and Lead Agency specific spending levels on a monthly basis to ensure the Lead Agency is operating within the funding allocation. ➢ Determines the number of cases for activation based on projected funding available. ➢ Screens consumers to link with appropriate resources and prioritize for DOEA-funded programs and services. ➢ Recommends potential cases for activation based upon projected funding available by Lead Agency. ➢ Selects consumers from the waiting list based on their prioritization score. ➢ Refers consumers from the waiting list to the Lead Agency in Monroe County for activation, based on availability of funds. ➢ Monitors compliance with service standards and outcome measures. ➢ Reviews care plans and files per the File Review Policies and Procedures. ➢ Reviews data in CIRTS. B. Case Management Agency ➢ Accepts referrals from the Aging Resource Center. ➢ Refers inquiries from consumers interested in services to the ARC for Information and Referral to community resources, Screening, Triage, and Long -Term Care Options Counseling, as appropriate. ➢ Through outsourcing, the functions of Screening and Intake may also be completed by the Lead Agency. ➢ Completes comprehensive assessments on new consumers and annual reassessment on existing consumers and develops care plans and reviews care plans semi-annually. ➢ Authorizes service delivery and enters data into CIRTS. ➢ Screens consumers for Medicaid Waiver eligibility. ➢ Bills in CIRTS and Medicaid as appropriate. ➢ Monitors care plans in an effort to keep costs down while sustaining the individuals in the community. Management of the Assessed Prioritized Consumer List (APCL). A. Referrals to the ARC are routed to the Information and Referral Specialists or Intake Unit staff depending on the type of referral. Clients are provided information on community resources and 11 CONTRACT KC 1071 Page 12 programs available including private pay options. Persons are directed to those resources most capable of meeting the need they have expressed to ARC staff. Cases presenting strong identifiers that indicate the consumer might benefit from publicly funded long term care services are screened, entered into CIRTS, triaged and provided options counseling. Through outsourcing, the functions of Screening and Intake may also be performed by the Lead Agency. DOEA prioritization requirements will be adhered to by both entities, as follows: 1. APS High Risk Referrals (See section B) 2. Imminent Risk cases will be prioritized for activation after APS High Risk Referrals have been served. If budgetary constraints prevent opening new cases, clients will be placed on the APCL. ARC staff will contact the client on a monthly basis to determine if there has been a change in the client's situation. 3. All other CARES referrals will be screened and prioritized in accordance with DOEA requirements. 4. Aging Out consumers will be referred by DCF for prioritization and/or activation in the corresponding aged program managed by the Alliance, as appropriate (See section IV). 5. Consumers applying for the Community Care for the Elderly (CCE) and/or Home Care for the Elderly (HCE) programs will be contacted and screened using the statewide assessment form developed by the Department of Elder Affairs for this purpose (Form 701 A). If a consumer is being served through a DOEA-funded agency which enters their annual assessment into CIRTS, the Priority Score generated by that assessment will determine their ranking on the APCL. 6. Consumers referred for inclusion under the Assisted Living for the Elderly (ALE) Medicaid Waiver APCL will be interviewed and screened using the 701A form. 7. Consumers referred for inclusion under the Aging and Disabled Adult (ADA) Medicaid Waiver APCL will be contacted and screened following the same procedure as the one described under Section 5. Individuals who appear as potentially eligible for other types of public assistance will be referred to the Economic Self - Sufficiency Unit at the Department of Children and Families. 8. All other referrals will be waitlisted and prioritized, during which time other community resources will be researched, including private pay/fee for services providers. Consumers on the waiting lists will be reassessed according to Department requirements (NOI #062906-1-I-OVCS 6/29/2006). B. HIPAA forms will be sent to the consumer as appropriate. Opening New Cases A. CCE/ADA/ALE/HCE Clients The Fiscal Department will monitor Lead Agency specific spending levels on a monthly basis to ensure each Lead Agency is operating within its quarterly funding allocation and/or spending authority. In addition, the department will do cost projections, and share the information with the Surplus/Deficit review committee to determine slot availability. The ARC and the Quality Assurance Department will be notified when funding is available and the number of new cases to be activated by Lead Agency. 12 CONTRACT KC 1071 Page 13 2. Upon notification from the Vice President for Finance of funding availability, the Aging Resource Center Intake Unit Supervisor will run the Prioritized Risk Report to identify the consumers on the APCL to be opened. 3. Based on available funding, the ARC Intake Unit Supervisor will refer wait listed clients to the Lead Agency for activation, in accordance with prioritization requirements. The Lead Agency will update the wait list enrollment using the appropriate code to terminate from the APCL. B. APS Referrals APS Low and Intermediate Risk referrals will be screened and prioritized for services as per the DOEA/APS Memorandum of Understanding. Low and Intermediate Risk referrals are also offered information and referral to additional community resources, including private pay as appropriate. 2. APS High Risk Referrals are not waitlisted. They are immediately referred for service from DCF in Monroe County to the Lead Agency. ARTT referrals will be forwarded directly the Lead Agency. APS cases are to be served for a maximum of 31 calendar days. If additional time is justified, the case management agency will staff the case with the Alliance to obtain the extension needed. 3. Upon receipt of the APS referral, the Lead Agency will coordinate services to begin within the 72 hour period mandated by statute. A comprehensive assessment will be done within 72 hours of the referral. Services required under the care plan will remain in place for a maximum of 31 days, unless an extension has been granted. 4. The Lead Agency will enter ACTV enrollment under their provider number in CIRTS. In addition, service codes will be entered by service date for all services provided. If a service(s) is not provided as required under the care plan, an NDP code will need to be entered in CIRTS and the case notes under the client file should document the reason for non -delivery of such service(s). IV. Aging Out Consumers: A. All "Aging Out" consumers will be referred by DCF for activation in the corresponding aged program managed by the Alliance. B. Consumers active in the CCDA and HCDA programs that are turning 60 and are eligible for CCE and/or HCE will be opened in the corresponding aged program managed by the Alliance if funding is available. If funding is available, these consumers will be made active. If funding is not available, they will be waitlisted for these programs but will be given priority for activation once funding is available. C. Consumers active in the ADA Medicaid Waiver, upon turning age 60, will continue to be eligible for and receive ADA Medicaid waiver services. 13 CONTRACT KC 1071 Page 14 Note: These ARC policies and procedures are subject to change. Any modifications will be done through a contract amendment. 14 CONTRACT KC 1071 Page 15 ATTACHMENT IV CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all subproviders shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than __$100,000.00 for each such failure. Debbie Frederick CCE #KC 1071 Name of Authorized Individual Application or Agreement Number Monroe County Board of County Commissioners Name and Address of Organization e s t, FL 33040 DOER Form 103 (Revised Nov 2002) 15 CONTRACT KC 1071 Page 16 ATTACHMENT V FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Alliance of Elder Affairs to the provider may be subject to audits and/or monitoring by the Alliance of Elder Affairs, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the Alliance staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance for Aging. In the event the Alliance for Aging determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Alliance to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by any level of govemment. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the provider expends $500,000.00 or more in Federal awards during its fiscal year, the provider must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Alliance of Elder Affairs by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider allsources of Federal awards, including Federal resources received from the Alliance of Elder Affairs. 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 provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider expends less than $500,000.00 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 provider expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance of Elder Affairs shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance of Elder Affairs shall be fully disclosed in the audit report with reference to the Alliance of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the Alliance of Elder Affairs in effect during the 16 CONTRACT KC 1071 Page 17 audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. As an Alliance requirement the Statement of Functional Expenses need to be part of the Financial and Compliance Audit Report. PART H. STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Alliance of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Alliance of Elder Affairs by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Alliance of Elder Affairs, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the provider expends less than $500,000.00 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance of Elder Affairs shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance of Elder Affairs shall be fully disclosed in the audit report with reference to the Alliance of Elder Affairs agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Alliance of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for -profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Alliance of Elder Affairs retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. 17 CONTRACT KC 1071 Page 18 As an Alliance requirement the Statement of Functional Expenses need to be part of the Financial and Compliance Audit Report. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directs to each of the following: The Alliance for Aging, Inc. at the following address: Alliance for Aging, Inc. Attn: Carlos Lahitte 760 NW 107" Ave. Suite 214 Miami, FL 33172 18 CONTRACT KC 1071 Page 19 ATTACHMENT V PART I: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be: _ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. X Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S. NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the Alliance to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I- .006(2), FAC [state financial assistance] and Section _ .400 OMB Circular A-133 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW- 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)* OMB Circular A-102 — Administrative Requirements OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non -Profit Organizations (Formerly OMB Circular A-122 - Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 - Administrative Requirements) Requirements) OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21- Cost Principles)* 19 CONTRACT KC 1071 Page 20 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 - Administrative Requirements) OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 691-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 20 CONTRACT KC 1071 Page 21 ATTACHMENT VI CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the provider named in the contract or agreement to which this form is an attachment, hereby certifies that: (1)The provider and any sub -providers of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant- funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2)Management Information Systems used by the provider, sub-provider(s), or any outside entity on which the provider is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non -compliant, provider(s) will take immediate action to assure data integrity. (3)If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the provider (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The provider and any sub-provider(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The provider shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub -providers shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Part 215 (formerly OMB Circular A-1 10). Monroe_ County_ Board-_o€- County Commissioners N and ddress of Provider 1100 Simonton Street, Key West. FL 33040 Asst. County Administrator ;j /<.�2(,� /l� Signature Title - l - - __ Date _Debbie Frad ri rk Name of Authorized Signer (Revised June 2011) 21 CONTRACT KC 1071 Page 22 ATTACHMENT VII CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1)The prospective provider certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Alliance or agency. (2)Where the prospective provider is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. �01�1/0 Signature Date Asst. County Administrator Monroe County Board of County- Commissioners - Title Agency/Organization (Certification signature should be same as Contract signature.) Instructions for Certification 1.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5- 180.1020, as supplemented by 2 CFR 376.10-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2.This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the provider knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Alliance may pursue available remedies, including suspension and/or debarment. 3.The provider will provide immediate written notice to the Contract Manager if at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The provider may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4.The provider will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. 5.The provider agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 6.1f the provider 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 Alliance may pursue available remedies, including suspension, and/or debarment. -.The provider may rely upon a certification of a prospective participant hi a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. >� !S'ld JtIrte 201 1) Y? CONTRACT KC 1071 Page 23 ASSURANCES —NON -CONSTRUCTION PROGRAMS ATTACHMENT VIII Public reportingburden for this collection of information is estimated to average 45 minutes per response, inclucting time for reviewing instructions, searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. I .Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. ZTgive the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g). 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VM of the Civil Rights Act of 1968 (42 U.S.C.. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 1I and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8.Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C..1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9.Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C..276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), 23 CONTRACT KC 1071 regarding labor standards for federally assisted construction subagreements. Page 24 IO.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11-Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO)11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C..7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 components of the national wild and scenic rivers system. (16 U.S.C.1721 et seq.) related to protecting components or potential 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C..470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C..469a-1 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C..4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTI iORIZED CERTIFYING OFFICIAL TITLE . / Asst. County Administrator AFPLICY6,NT ORGANIZATION DATE SUBIvM= i Monroe County Board of County Commissioners 6-16-2010 i f 24 CONTRACT KC 1071 Page 25 STATE OF FT .(-)R m A A T T T A XTC P n>~ 1r7r r-AUn A zV A m a ATTACHMENT IX CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name Monroe County Board of County Monroe Provider Monroe County In - County Commissioners Home Services Address 1100 Simonton Street Completed By Dotti Albury City, State, Zip Code Key West, FL 33040 D A D T T T) T: A Tl Tim • Date 5-17-10 Telephone 305-292-4583 _ - --• _��.-4oii"u`itvivarvtclLLUSIXAIIVtINFORMATION WHICH WILL HELPYOUIN THE COMPLETION OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: The entire Florida Keys (Monroe County, approximately 120 miles) which are considered rural with some urban characteristics. Services we provide are Case Management, Home Delivered Meals, Homemaking, Personal Care and Respite 2 POPULATION OF AREA SERVED. Source of data: 2006 Census from the U. S. Census Bureau Total# % White %Black 7 % Hispanic % Other % Female 46.2 3. STAFF CURRENTLY EMPLOYED. Effective date: Total# 20 % White I % Black Y. Hispanic % Other % Female�0%16 Disabled 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: Total# % White % Black % Hispanic % Other %Female %Disabled 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total # 5 %White %Black %Hispanic %Other %Female %Disabled PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with the Alliance? If NA or NO explain NA YES NO YES % Over 40 7. Compare the staff composition to the population. Is staff representative of the population? If NA or NO, explain. NA YES NO YES 8. Compare the client composition to the population. Are race and sex characteristics representative of the Population? If NA or NO, explain. NA YES NO YES 25 CONTR 9. Are eligibility requirements for services applied to clients and a plicants without Page 26 regar o race, color, national ongin, sex, age, re pion or isa or NA YES NO YES 10. Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion or disability? If NA or NO, explain. NA YES NO YES 11. For in -patient servicesare room assignments made without regard to race, color, national origin or disability. If NA or Kb, explain. NA YES NO N/A — WE SERVICE CLIENTS IN THEIR OWN HOMES 12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain. NA YES NO YES 13. Are employees a plicants and participants informed of their protection against discrimination? Itpves, how? Verbal ✓ Written ✓ Poster ✓ If NA or NO, explain. • 14. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. ZERO 26 15. Is the pro�ggrram/facilityp hysically accessible to mobility, hearing, and sight -impaired individuals? 7 If NA or NO, explain. YES NA YES NO PART III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES YES NO 16. Has a self -evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? If NO, explain. YES 17. Is there and established grievance procedure that incorporates due process in the resolution of complaints? If NO, explain. YES • YES NO 18. Has a person been designated to coordinate Section 504 compliance activities? If YES NO NO, explain. YES n 11 19. Do recruitment and notification materials advise applicants, employees and WYEst cipants If of nondiscrimination on the basis of disability? NO, explain. No • 20. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? If NO, explain. YES 27 CONTRACT KC 1071 Page 28 • • PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000 OR MORE. 21. Do you have a written affirmative action plan? If NO, explain. YES ni; M DOEA USE ONLY Reviewed By Incompliance: YES NO* Program Office *Notice of Corrective Action Sent Date Telephone Response Due On -Site n Desk Review n Response Received DOEA Form 101-A, Revised May 2008 Page 2 of 2 ATTACHMENT IX INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST l .Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 2.Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3.Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4.Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5.Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6.Each recipient of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOER recipients and their sub -grantees, 45 CFR 80.4 (a). 7.1s the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff? W. CONTRACT KC 1071 Page 29 8.Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons, 45 CFR 80.3 (b) (6). 9.Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a) and45CFR80.1 (b) (2). 1 O.Participants or clients must be provided services such as medical, nursing and dental care, laboratory services, physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients, 45 CFR 80.3 (b). I I .For in -patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability, 45 CFR 80.3 (a). 12.The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services, 45 CFR 80.3 (a). 13.Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Alliance of Elder Affairs or the U.S. Alliance of HHS. The information may be supplied verbally or in writing to every individual, or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d). 14.Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color, creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15.The program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16.Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance ME CONTRACT KC 1071 Page 30 conduct a self -evaluation to identify any accessibility barriers. Self -evaluation is a four step process: *With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. -Modify policies and practices that do not meet Section 504 requirements. -Take remedial steps to eliminate any discrimination that has been identified. -Maintain self -evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.), 45 CFR 84.6. 17.Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b). 18.Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19.Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20.Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any alternative resources that can be used to provide equally effective services, (45 CFR 84.52 (d). 21.Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246. 41 CFR 60 and Title V1 of the Civil Rights Act of 1964, as amended. 30 Amendment 005 CONTRACT KC 971 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 of the original contract and modified documents reference in the body of the 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, V and VI are integral to this Agreement b) Section If paragraph A of the original contract is modified to read: To pay for services according to the conditions of Attachment I in an amount not to exceed 511,160 for the State Fiscal Year 2009-2010, subject to the availability of funds. c) Section III paragraph B of the original contract is modified to read: This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other parry unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contractor or the representative of the contractor responsible for administration of the contract. Failure to have performed any contractual obligations with the Alliance in a manner satisfactory to the Alliance will be a sufficient cause for termination. To be terminated as a contractor under this provision, the contractor must have (1) previously failed to satisfactorily perform in a contract with the Alliance, been notified by the Alliance of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the Alliance; or (2) had a contract terminated by the Alliance for cause d) Section III paragraph C of the original contract is modified to read: The provider maintains responsibility for the performance of all sub providers and vendors in accordance with all applicable federal and state laws. e) Section III paragraph G 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. Amendment 005 CONTRACT KC 971 Page 2 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 WHEREOF, the parties hereto have caused this 1-page amendment to be executed by their undersigned officials as duly authorized. PROVIDER: SIGNED BY: NAME: TITLE: DATE: Monroe County Board of Commissioners. SIGNED BY: Sylvia J. Murphy Mayor 2-17-2010 M NAME: TITLE: DATE: U; y ALLIANCE FOR AGING, INC. Max B. Rothman, JD, LL.M. President & CEO -- ASSIST JJ v j Ic BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-16-2010 Division: _County Administrator Bulk Item: Yes _X_ No _ Department: Social Services/In-Home Services Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval of the Alzheimer's Disease Initiative (ADI) Contract KZ- 1097\ 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 7/1/10 to 6/30/11. ITEM BACKGROUND: Approval of the ADI Contract will enable Monroe County In -Home Services to continue providing services to Monroe County's elderly population under the Alzheimer's Disease Initiative program. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Amendment 003 to the ADI Contract #KZ997 on 2-17-10. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval TOTAL COST: $56,746.00 INDIRECT COST: _-0-_BUDGETED: Yes No COST TO COUNTY: $0 (No Cash Match Required,) SOURCE OF FUNDS: REVENUE PRODUCING: Yes No _ AMOUNT PER MONTH $50.00 Year 600.00 ur1 APPROVED BY: County AttX OMB/Purchasing X Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 1/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract # KZ-1097 Effective Date: July 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Approval of the Alzheimer's Disease Initiative (ADI) Contract#KZ-1097 will enable Monroe County In -Home Services to continue providing services to Monroe County's elderly population. Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 6/16/2010 Agenda Deadline: 6/1/2010 CONTRACT COSTS Total Dollar Value of Contract: $56,746.00 Budgeted? Yes X No Account Codes: Grant:$56,746.00 (Fiscal Year) County Match: $0 (No Cash Match required) Estimated Ongoing Costs: $ (Not included in dollar value above) Current Year Portion: $ 125-6153610 - ADDITIONAL COSTS /yr For: itilities, janitorial, salaries CONTRACT REVIEW Division Director Date In y ��i Changes NerN Yeso ' Date Out Rev' wer 0-1) Risk Management"��� Yes No ` O.M.B./Purchasing County Attorney `a'(1 Yes No Yes N + t t Comments: v T. i,vlw lNIcv13vu 1.44,1/V1 ivll-r thL CONTRACT KZ-1097 Page 1 ALZHEIMERS' DISEASE INITIATIVE CONTRACT 2010-2011 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, 111, IV, V, VI, VII, Vill, IX, X, XI, XII, XIII, and XIV are integral to this Agreement I. Provider Agrees: A. Services to be Provided: 1. The provider's service provider application for state fiscal year 2010 and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the provider, and prescribe the services to be rendered by the provider. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including ADI, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami -Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the provider's service provider application for state fiscal year 2010 and the 2009 Department of Elder Affairs Home and Community Based Services Handbook . In the event the handbook is revised, such revision will automatically be incorporated into the contract and the provider will be given a copy of the revisions. 11. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed $56,746, subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: CONTRACT KZ-1097 Page 2 The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the provider pursuant to this contract are in the state grants and aids appropriations. 111. Provider and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 2010 or on the date the contract has been signed by both parties, whichever is later. 2. Delivery of services shall end on June 30, 2011. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of Commisioners. SIGNED BY: Sylvia J. Murphy NAME: Mayor TITLE: 6-16-2010 DATE: ALLIANCE FOR AGING, INC. SIGNED BY: NAME: Max B. Rothman, JD, LL.M. TITLE: President & CEO DATE: 2 CONTRACT KZ-1097 Page 3 ATTACHMENT ALZHEIMER'S DISEASE INITIATIVE PROGRAM I. STATEMENT OF PURPOSE The Alzheimer's Disease Initiative (ADI) Program is focused on caring for persons 18 + with memory disorders. II. SERVICES TO BE PROVIDED A. Services: 1. The provider's service provider application for state fiscal year 2010 and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the provider, and prescribe the services to be rendered by the provider. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including ADI, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program operating in Planning and Service Areas 7 and 9, and any other areas that may participate in the Long Term Care Diversion Program through expansion and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami -Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the provider's service provider application for state fiscal year 2010 and the 2009 Department of Elder Affairs Home and Community Based Services Handbook. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the provider will be given a copy of the revisions. 111. METHOD OF PAYMENT 3 CONTRACT KZ-1097 Page 4 A. The method of payment in this contract is based on a fixed rate reimbursement for approved services. The provider must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106Z and 105Z. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on departmental forms. B. Invoices must be submitted no later than 90 days after the end of the month on which the expense was incurred, except that invoices can not be submitted after close out report date (usually July 15th.) Invoices submitted late will not paid. Exceptions to this rule are at the discretion of the Alliance, on a case by case basis; such exceptions must be requested prior to the expiration of the invoicing deadline. In making a determination of the exception the Alliance will consider whether the disruption to the billing cycle was beyond the control of the provider, the frequency with which such exceptions are requested by the provider, and whether the Alliance can request reimbursement at a late date from DOEA. C. The provider shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request. D. The provider shall maintain documentation to support payment requests which shall be available to the Alliance, the Department of Elder Affairs or the Comptroller upon request. E. The provider may request a monthly advance for service costs for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the twelfth months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT 11 to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. F. Advance funds may be temporarily invested by the provider in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance within thirty (30) days of the end of the first quarter of the contract period. G. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated belowL Service to be Provided Service Maximum Units of Maximum Unit Rate Service Dollars In Home Respite $24.03 2,361 $56,746 N CONTRACT KZ-1097 Page 5 H. 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 and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: The provider agrees to comply with applicable parts of Rule 58D-1, Florida Administrative Code promulgated for administration of Sections 430.501 through 430.504, Florida Statutes, and the Department of Elder Affairs Client Home and Community Based Services Handbook dated 07/2008. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a. individuals in nursing homes under Medicaid who could be transferred to the community; b. individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c. individuals in nursing homes which are closing and can be discharged to the community; or d. individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. 2. Priority Criteria for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's consumer assessment form administered to each applicant. The most frail individuals not prioritized in groups one, two or three above, regardless of referral source, will receive services to the extent funding is available. C. Co -payment Collections: 1. The provider will establish annual co -payment goals. The Alliance also has the option to withhold a portion of the provider's Request for Payment if goals are not met according to the Department of Elder Affairs' co -payment guidelines. 6i CONTRACT KZ-1097 Page 6 2. Co -payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co -payment. The contribution must be equal to or greater than the assessed co -payment. D. Evaluation, Statistics and Reports The provider agrees to respond to requests for evaluation information and statistical data concerning its consumers based on information requirements of the Memory Disorder Clinics and Brain Bank. The provider will ensure Model Day Care Centers supported by this contract develop innovative therapies and interventions which can be shared with other Alzheimer's Disease Initiative health and social services personnel via training. Model Day Care Centers supported by this contract must report to the provider all training activities provided to health care and social service personnel and caregivers, as well as serve as a natural laboratory for service related applied research by Memory Disorder Clinics. An annual Model Day Care Center Training Report, ATTACHMENT IV, is due by July 5, 2010. E. Collaboration with Memory Disorder Clinics: Memory Disorder Clinics are required to provide four hours of in-service training to all respite and model day care centers in their designated service areas. The provider agrees to collaborate with Memory Disorder Clinics to assist in this effort. F. Service Cost Reports: The provider will submit semi-annual service cost reports which reflect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. G. Reporting: The provider need to provide the Alliance with an expenditure plan by July 15 or two weeks after contract has been signed, a monthly update due on the 21 of each following month. The expenditure plan and updates must follow the format provided by the Alliance. C. CONTRACT KZ-1097 Page 7 ATTACHMENT II ALZHEIMER'S DISEASE INITIATIVE PROGRAM CONTRACT REPORT CALENDAR Report Based On Number 1 July Advance *............................................................... 2 August Advance *........................................................... 3 July Expenditure Report .................................................... 4 August Expenditure Report ................................................ 5 September Expenditure Report ........................................... 6 October Expenditure Report ............................................... 7 November Expenditure Report ............................................ 8 December Expenditure Report ............................................ 9 January Expenditure Report / ............................................... 10 February Expenditure Report /July Advance Reconciliation **..... 11 March Expenditure Report /August Advance Reconciliation ** .... 12 April Expenditure Report .................................................... 13 May Expenditure Report .................................................... 14 June Expenditure Report .................................................... 16 Final Expenditure and Closeout Report ................................. Legend: Advance based on projected cash need. Submit to the Alliance on This Date July 1 July 1 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 10 April 10 May 10 June 10 July 10 July 20 ** Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the Alliance, payment is to accompany the report. Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. Note # 2: The last two months of the provider's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the first two months of the contract. 7 CONTRACT KZ-1097 Page 8 ANNUAL MODEL DAY CARE CENTER TRAINING REPORT Model Day Care Center Name: Printed Name of Person Completing Report Signature of Person Completing Report ATTACHMENT III Date Executed The purpose of each model day care program must be to provide service delivery to persons suffering from Alzheimer's disease or a related memory disorder and training for health care and social service personnel in the care of persons having Alzheimer's disease or related memory disorders. This report documents the required training for the State Fiscal Year July 1 st through June 30th. Actual Training Event(s) Number Health Care Professiona Is Trained Number Social Services Personne I Trained Total People Trained Training Title: Date: Training Summary: CONTRACT KZ-1097 Page 9 ATTACHMENT IV 1. Under this Contract, the provider agrees to the following: A. Perform ARC outsourced functions in accordance with policies and procedures developed by the Alliance for Aging. Refer to the following attachments: i. Attachment V: Policies and Procedures for Outsourced Function -Screening ii. Attachment VI: Policies and Procedures for Outsourced Function -Triage iii. Attachment VII: Policies and Procedures for Activation from Waitlist- Client Services iv. Attachment VIII: Policies and Procedures for Termination from Waitlist- Client Services B. Maintain wait lists in CIRTS in accordance with DOEA requirements. C. Report number of client contacts to the Aging Resource Center. D. Adhere to prioritization policy as set forth by the Department of Elder Affairs. E. Update the agency Disaster Plan to incorporate ARC outsourced functions. F. Ensure against conflicts of interest and inappropriate self -referrals by referring consumers in need of options counseling or long-term care services beyond the provider's scope of services to the Aging Resource Center. G. Ensure that services provided are in the clients' best interest, are the most cost effective, of high quality, and are responsive and appropriate to the assessed needs. The Assessed Priority Consumer List (APCL) is maintained when services funded by the department are not available. Contracted providers of registered services for Alzheimer's Disease Initiative (ADI), Older American's Act (OAA), and Contracted Services (CS) maintain waiting lists in the CIRTS database for registered services when funding is not available. Note: OAA3E is an exempt funding source for ARC Wait List purposes. For services provided through OAA3E, no CIRTS client data entry is required. Registered Services for the above listed programs are as follows: Adult Day Care (ADC), Adult Day Health Care (ADHC), Chore (CHO), Escort (ESC), Home Health Aide (HHA), Homemaker (HMK), Model Day Care (MDC), Personal Care (PECA), Facility -Based Respite (RESF), In -Home Respite (RESP). 9 CONTRACT KZ-1097 Page 10 Attachment V Policy and Procedure for Outsourced function - Screening Objective: To ensure that a comprehensive list of clients in need of services is maintained in CIRTS by appropriate funding source and that the ARC is thereby able to effectively gauge the level of elder service need in Miami -Dade and Monroe Counties. Policy: To obtain necessary information from clients in order to assist in determining level of need and eligibility for DOEA funded services Procedure: 1. ARC Contracted Providers will collect information from callers and conduct a 701 A assessment. Alternatively, if a 701 B assessment already exists or is provided from another source (i.e. CARES) the information from the 701 B can be utilized. 2. Based on the information provided via the 701 A(B) assessment, the ARC Contracted Provider will make a determination as to the services that the caller is in need of receiving (see Contract Amendment APCL). 3. The ARC Contracted Provider will determine the appropriate funding source(s) that provides the needed services (see Contract Amendment APCL). 4. If the caller is in need of a service(s) that is not provided by the ARC Contracted Provider, the ARC Contracted Provider will refer caller to the ARC Elder Helpline utilizing the ARC Referral Form and/or to an ARC Contracted Provider that provides the needed service. 5. The caller will be provided with general information regarding the ARC as well as the ARC Elder Helpline contact number. 6. The caller will be informed of the services and funding sources that they are being placed on the wait list for in CIRTS. 7. ARC Contracted Provider will create a client record in CIRTS (if there is no existing record) and enter the services needed for the caller by funding source and service. [If there is an existing record in CIRTS, the appropriate fields will be updated]. 8. If the ARC Contracted Provider determines that the caller may qualify for more than one funding source, ARC Contracted Provider is encouraged to enter the appropriate information under multiple funding sources. [If there is an existing client record in CIRTS, the client record in CIRTS will be updated with appropriate information]. 9. ARC Contracted Provider will inform caller that they will receive a follow-up call (or home visit in case of active client) to check on their status based on DOEA Wait List Reassessment Standards and encourage caller to contact the ARC Elder Helpline with any questions. 10 CONTRACT KZ-1097 Page 11 Attachment VI Policy and Procedure for Outsourced function - Triage Objective: To ensure that clients in need of DOEA funded services receive services based on the highest level of need, first, as funding becomes available. Policy: To assist clients in obtaining DOEA funded services as funding becomes available, based on level of need as determined by a CIRTS priority score. Procedure: 1. ARC Contracted Provider will conduct periodic follow-up calls (or home visit in case of active client) to check on client status based on DOEA Wait List Reassessment Standards. 2. Based on the information provided via the 701 A(B) assessment, the ARC Contracted Provider will update the client information in CIRTS specifically as it pertains to level of need for services by funding source 3. The ARC Contracted Provider will ensure that the CIRTS prioritization score is accurately maintained, according to DOEA Standards. 4. If the caller is in need of a service(s) that is not provided by the ARC Contracted Provider, the ARC Contracted Provider will refer caller to the ARC Elder Helpline utilizing the ARC Referral Form and/or to an ARC Contracted Provider that provides the needed service. 5. The caller will be informed of the services and funding sources that they remain on the wait list for and/or have been removed from the wait list for. 6. ARC Contracted Provider will advise client of any change in their CIRTS priority score based on the updated information. 7. ARC Contracted Provider will remind client of the ARC Elder Help Line contact number and to contact the ARC Elder Help Line with any questions or concerns. 8. As funding becomes available, ARC Contracted Provider will run CIRTS Prioritization Report and activate clients according to DOEA Standards (refer to ARC Client Activation Policies and Procedures). The Contracted Provider will apply targeting criteria, as appropriate, to prioritized clients to ensure activations meet programmatic requirements. 11 CONTRACT KZ-1097 Page 12 Attachment VII Alliance for Aging, Inc. Policy and Procedure for Activation From Wait List — Clients/Services Objective: To ensure that elders in need of DOEA funded services in Miami -Dade and Monroe Counties and on the CIRTS wait list begin to receive services as funding becomes available. Policy: ARC will work with ARC Contracted Providers to ensure that clients waiting for DOEA funded services begin to receive those services as funding becomes available. Procedure: 1. ARC Contracted Provider will activate clients on CIRTS wait list based on DOEA prioritization polices and funding availability. 2. ARC Contracted Provider will update CIRTS status by funding source and service for any services being activated for the client using appropriate CIRTS codes. 3. Client may be left on wait list of a different funding source than the one being activated if ARC Contracted Provider determines that it is appropriate. 4. Client may also be left on wait list in CIRTS if they are being activated by the ARC Contracted Provider under a temporary non-DOEA funding source and ARC Contracted Provider determines that the clients need will persist after the temporary funding source is exhausted. 5. ARC Contracted Provider will inform the client of any services/funding source that they are being activated for as well as those services and funding sources that they will continue to be wait listed for. 6. ARC Contracted Provider will inform client to contact the ARC Elder Helpline if they have any questions or concerns regarding the status of any of their services. M CONTRACT KZ-1097 Page 13 Attachment VIII Policy and Procedure for Termination From Wait List — Clients/Services Objective: To ensure that the comprehensive list of clients in need of services in CIRTS is appropriately maintained by funding source and that the ARC is thereby able to effectively gauge the current level of elder service need in Miami -Dade and Monroe Counties. Policy: ARC will maintain an accurate and current list of clients in need of elder services in Miami -Dade and Monroe Counties with the assistance of the ARC Contracted Providers. Procedure: 1. ARC Contracted Provider will re -screen clients which the ARC Contracted Provider initially placed on the CIRTS wait list for services based on DOEA Reassessment Standards. 2. The re -screening may be in the form of a phone screening or a home visit depending on the clients status (i.e. active/pending) 3. ARC Contracted Provider will determine if the client is no longer in need (or eligible) for any of the services they were wait listed for. 4. ARC Contracted Provider will terminate the client from the wait list (entirely or by specific service) using the appropriate CIRTS termination code for any services or funding source for which the client is determined to no longer be eligible for or no longer in need of. 5. ARC Contracted Provider will inform the client of any services/funding source that they are being removed from the wait list for. 6. ARC Contracted Provider will inform client of their ability to be re -added to the wait list if their level of need should change. 7. ARC Contracted Provider will inform client to contact the ARC Elder Helpline if they have any questions or concerns regarding their wait list status. 8. Reference DOEA Notice of Instruction: Assessed Priority Consumer List#:062906-1-I-0VCS as applicable. 13 CONTRACT KZ-1097 Page 14 ATTACHMENT IX CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all subproviders shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Signature Date Name of Authorized Individual Application or Agreement Number Name and Address of Organization DOEA Form 103 (Revised Nov 2002) 14 CONTRACT KZ-1097 Page 15 ATTACHMENT X FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Alliance of Elder Affairs to the provider may be subject to audits and/or monitoring by the Alliance of Elder Affairs, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the Alliance staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance for Aging. In the event the Alliance for Aging determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Alliance to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by any level of government. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the provider expends $500,000.00 or more in Federal awards during its fiscal year, the provider must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Alliance of Elder Affairs by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal resources received from the Alliance of Elder Affairs. 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 provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider expends less than $500,000.00 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 provider expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance of Elder Affairs shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance of Elder Affairs shall be fully disclosed in the audit report with reference to the Alliance of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the Alliance of Elder Affairs in effect during the 15 CONTRACT KZ-1097 Page 16 audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. As an Alliance requirement the Statement of Functional Expenses need to be part of the Financial and Compliance Audit Report. PART II: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Alliance of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Alliance of Elder Affairs by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Alliance of Elder Affairs, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the provider expends less than $500,000.00 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance of Elder Affairs shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance of Elder Affairs shall be fully disclosed in the audit report with reference to the Alliance of Elder Affairs agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Alliance of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for -profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Alliance of Elder 16 CONTRACT KZ-1097 Page 17 Affairs retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. As an Alliance requirement the Statement of Functional Expenses need to be part of the Financial and Compliance Audit Report. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directly to each of the following: The Alliance for Aging, Inc. at the following address: Alliance for Aging, Inc. Attn: Carlos Lahitte 760 NW 107 th Ave, Suite 214 Miami, FL 33172 WA CONTRACT KZ-1097 Page 18 ATTACHMENT X PART I: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be providers or subproviders of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be providers or subproviders of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. hi accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. X Provider/subprovider subject to OMB Circular A-133 and/or Section 215.97, F.S. NOTE: If a provider is determined to be a provider /subprovider of federal and or state financial assistance and has been approved by the Alliance to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I- .006(2), FAC [state financial assistance] and Section _ .400 OMB Circular A-133 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subprovider, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)* OMB Circular A-102 — Administrative Requirements OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non -Profit Organizations (Formerly OMB Circular A-122 - Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 - Administrative Requirements) Requirements) OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: IR CONTRACT KZ-1097 Page 19 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21- Cost Principles)* 2 CFR Put 215 Administrative Requirements (Formerly OMB Circular A-110 - Administrative Requirements) OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a provider/subprovider, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 691-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations Wei CONTRACT KZ-1097 Page 20 ATTACHMENT XI CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the provider named in the contract or agreement to which this form is an attachment, hereby certifies that: (I )The provider and any sub -providers of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant- funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2)Management Information Systems used by the provider, sub-provider(s), or any outside entity on which the provider is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non -compliant, provider(s) will take immediate action to assure data integrity. (3)If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the provider (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The provider and any sub-provider(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The provider shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub -providers shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Part 215 (formerly OMB Circular A-1 10). Name and Address of Provider Signature Title Name of Authorized Signer (Revised June 2008) Date NN CONTRACT KZ-1097 Page 21 ATTACHMENT XII CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1)The prospective provider certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Alliance or agency. (2)Where the prospective provider is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. Signature Date Title Agency / Organization (Certification signature should be same as Contract signature.) Instructions for Certification 1.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and 'voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5- 180.1020, as supplemented by 2 CFR 376.10-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2.This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the provider knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Alliance may pursue available remedies, including suspension and/or debarment. 3.The provider will provide immediate written notice to the Contract Manager if at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The provider may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4.The provider will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. 5.The provider agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 6.If the provider 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 Alliance may pursue available remedies, including suspension, and/or debarment. .The provider may rely upon a certification of a prospective participant hi a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. (Revised (tme 2W8} 21 CONTRACT KZ-1097 Page 22 ATTACHMENT XIII ASSURANCES —NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducin this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Wasgton, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. LHas the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2.Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g). 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIll of the Civil Rights Act of 1968 (42 U.S.C.. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7.Will comply, or has already complied, with the requirements of Titles 11 and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8.Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C..1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9.Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C..276a to 276a-7), the Copeland 22 CONTRACT KZ-1097 Page 23 Act (40 U.S.C. 276c and 18 U.S.C. 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for federally assisted construction subagreements. 10-Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires providers in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO)11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C..1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C.7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 components of the national wild and scenic rivers system. (16 U.S.C..1721 et seq.) related to protecting components or potential 13.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C..470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C..469a4 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C..4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED 23 CONTRACT KZ-1097 Page 24 ATTACHMENT IX STATE OF FLORIDA ALI.IANC'F nF F1.r-)FIz A V AMC, CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name Monroe County Board of County Commissioners County Monroe Provider Monroe County In - Home Services Address 1100 Simonton Street Completed By Dotti Albury City, State, Zip Code Key West, FL 33040 Date 5-17-10 Telephone 305-292-4583 rAKI 1. K Au 1 HE A IJ ACHEU INSTRUCTIONS FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE COMPLETION OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: The entire Florida Keys (Monroe County, approximately 120 miles) which are considered rural with some urban characteristics. Services we provide are Case Management, Home Delivered Meals, Homemaking, Personal Care and Respite 2. POPULATION OF AREA SERVED. Source of data: 2006 Census from the U. S. Census Bureau Total# % White % Black % Hispanic %Other % Female 7 788.4 1 7 1 3. STAFF CURRENTLY EMPLOYED. Effective date: Total# 20 %White % Black % Hispanic % Other % Female %Disabled 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: Total# % White %Black %Hispanic %Other %Female %Disabled %Over 40 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total # 5 % White I % Black I % Hispanic % Other % Female % Disabled PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. 6. Is an Assurance of Compliance on file with the Alliance? If NA or NO explain NA YES NO YES 7. Compare the staff composition to the population. Is staff representative of the population? If NA or NO, explain. NA YES NO YES S. Compare the client composition to the population. Are race and sex characteristics representative of the Population? If NA or NO, explain. NA YES NO YES 24 9. Are eligibility requirements for services applied to clients and a1212licants without Tqrqto race, color, nation origin, sex, age, re gion or isa i i or NO, NA YES NO YES 10. Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion or disability? If NA or NO, explain. NA YES NO YES 11. For in -patient services are room assignments made without regard to race, color, national origin or disability? If NA or NO, explain. NA YES NO N/A - WE SERVICE CLIENTS IN THEIR OWN HOMES 12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain. NA YES NO YES 13. Are employees applicants and participants informed of their protection against discrimination Ityes, how? Verbal ✓ Written ✓ Poster ✓ If NA or NO, explain. • 14. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. ZERO 25 15. Is the program/facilityphysically accessible to mobility, hearing, and sight -impaired individuals? If NA or NO, explain. YES NA YES NO PART III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES YES NO 16. Has a self -evaluation been conducted to identify any barriers to serving disabled individuals, and to make any necessary modifications? If NO, explain. YES • • 17. Is there and established grievance procedure that incorporates due process in the resolution of complaints? If NO, explain. YES • • YES NO 18. Has a person been designated to coordinate Section 504 compliance activities? If YES NO NO, explain. YES ❑ ❑ 19. Do recruitment and notification materials advise applicants, employees and t cipanWts of nondiscrimination on the basis of disability? If NO, explain. YES No • 20. Are auxiliary aids available to assure accessibili{y of services to hearing and sight impaired individuals? If NO, explain. YES CONTRACT KZ-1097 Page 27 • • YES NO PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000 OR MORE. 21. Do you have a written affirmative action plan? If NO, explain. YES DOEA USE ONLY Reviewed By Incompliance: YES NO* Program Office *Notice of Corrective Action Sent Date Telephone Response Due On -Site n Desk Review n Response Received DOEA Form 101-A, Revised May 2008 Page 2 of 2 ATTACHMENT IX INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST I .Describe the geographic service area such as a district, county, city or other locality. If the program/facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 2.Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3.Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4.Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5.Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 6.Each provider of federal financial assistance must have on file an assurance that the program will be conducted in compliance with all nondiscriminatory provisions as required in 45 CFR 80. This is usually a standard part of the contract language for DOEA providers and their sub -grantees, 45 CFR 27 CONTRACT KZ 1097 Page 28 80.4 (a). 7.Is the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff? 8.Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons, 45 CFR 80.3 (b) (6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a) and45CFR80. 1 (b)(2). 1 O.Participants or clients must be provided services such as medical, nursing and dental care, laboratory services, physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients, 45 CFR 80.3 (b). 11.For in -patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability, 45 CFR 80.3 (a). 12.The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non-English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services, 45 CFR 80.3 (a). 13.Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Alliance of Elder Affairs or the U.S. Alliance of HHS. The information may be supplied verbally or in writing to every individual, or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d). 14.Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color, creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15.The program/facility must be physically accessible to disabled individuals. Physical 28 CONTRACT KZ 1097 Page 29 accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16.Section 504 of the Rehabilitation Act of 1973 requires that a provider of federal financial assistance conduct a self -evaluation to identify any accessibility barriers. Self -evaluation is a four step process: *With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. -Modify policies and practices that do not meet Section 504 requirements. -Take remedial steps to eliminate any discrimination that has been identified. -Maintain self -evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.), 45 CFR 84.6. 17.1'rograms or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b). 18.Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19.Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20.Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any alternative resources that can be used to provide equally effective services, (45 CFR 84.52 (d). 21.Programs/facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246.41 CFR 60 and Title VI of the Civil Rights Act of 1964, as amended. we, Amendment 003 CONTRACT KZ 997 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 G 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, V, VI, VII and VHI are integral to this Agreement. b) Section III paragraph G 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 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 SIGNED BY: Commissioners. NAME: Sylvia J. Murphy Mayor TITLE: ALLIANCE FOR AGING, INC. SIGNED BY: Max B. Rothman, JD, LL.M. NAME: President & CEO TITLE: 2-17-2010 DATE: DATE: PEc . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-16-2010 Bulk Item: Yes _X No Division: _County Administrator. Department: Social Services/In-Home Services Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval of the Community Care for Disabled Adults (CCDA) Contract #KG-065 (7/1/10 — 6/30/11) between the Florida Department of Children & Families and the Monroe County Board of County Commissioners (Social Services/In-Home Services). ITEM BACKGROUND: Approval of this contract will allow Monroe County In -Home Services to continue to provide services to disabled adults 18-59 years of age. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to Amendment #0002 to CCDA contract KG-061 on 4-21-10 CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $81,733.00 INDIRECT COST: _-0-_BUDGETED: Yes No COST TO COUNTY: $9,081.00 required In -Kind Match SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes _ o X AMOUNT PER MONTH Year APPROVED BY: County Atty X urchasing X Risk Management _X_ DOCUMENTATION: DISPOSITION: Revised 1/09 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Dept. of Children & Families Contract # CCDA Contract KG-065 Effective Date: July 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Approval of the Community Care for Disabled Adults (CCDA) Contract #KG065 will allow Monroe County In -Home Services to continue providing services to disabled adults 18-59 years of age Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 6/16/2010 Agenda Deadline: 6/1/2010 CONTRACT COSTS Total Dollar Value of Contract: $44—,434+0 Current Year Portion: $_ Budgeted? Yes X No Account Codes: _125_-6153710_-_ Grant:$81,733.00 (Fiscal Year) - - - County Match: $9,081.00 (Required In -Kind Match) - - - Estimated Ongoing Costs: $ (Not included in dollar value above) /yr ADDITIONAL COSTS For: utilities, janitorial, sala6 CONTRACT REVIEW I)at In Division Director %p � ��o Changes Ne Re fewer Yes No Date Out Risk Management O. ./Purchasing �% � 1 � � � County Attorney �Q Yesso Yes No Yes (� 2� � CI Comments: OMB Form Revised 2/27/01 MCP #2 Contract No. KG065 Client ® Non -Client ❑ CFDA No. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the "department" and MONROE COUNTY, hereinafter referred to as the "provider'. 1. THE PROVIDER AGREES: A. Contract Document To provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which constitute the contract document. B. Requirements of Section 287.058, Florida Statutes (F.S.) The provider shall provide units of deliverables, including reports, findings, and drafts, as specified in this contract. These deliverables must be received and accepted by the contract manager in writing prior to payment. The provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for proper pre -audit and post -audit; where itemized payment for travel expenses are permitted in this contract, submit bills for any travel expenses in accordance with section 1 11061, F.S., or at such lower rates as may be provided in this contract. To allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S. and as prescribed by subsection 119.07(I) F.S., made or received by the provider in conjunction with this contract except that public records which are made confidential by law must be protected from disclosure. it is expressly understood that the provider's failure to comply with this provision shall constitute an immediate breach of contract for which the department may unilaterally terminate the contract. C. Governing Law, Jurisdiction and Venue 1. State of Florida Law This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law, without regard to Florida provisions for conflict of laws. Courts of competent jurisdiction in Florida shall have exclusive jurisdiction in any action regarding this contract and venue shall be as provided in PUR 1000. (see Section I. BB) 2. Federal Law a. If this contract contains federal funds, the provider shall comply with the provisions of 45 Code of Federal Regulations (CFR), Part 74, 45 CFR, Part 92, and other applicable regulations. b. If this contract contains over $100,000 of federal funds, the provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 United States Code (U.S.C.) 7401 et seq.), section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), Executive Order 11738, as amended and where applicable, and Environmental Protection Agency regulations (40 CFR, Part 30). The provider shall report any violations of the above to the department. c. No federal funds received in connection with this contract may be used by the provider, or agent acting for the provider, or subcontractor to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment N/A. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager, prior to payment under this contract. d. Unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the immigration and Nationality Act (8 U.S.C. 1324 a) and section 101 of the Immigration Reform and Control Act of 1986. Such violation shall be cause for unilateral cancellation of this contract by the department. e. If this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92, if applicable. f. If this contract contains federal funds and provides services to children up to age 18, the provider shall comply with the Pro -Children Act of 1994 (20 U.S.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $ I,000 for each violation or the imposition of an administrative compliance order on the responsible entity, or both. D. Audits, inspections, Investigations, Records and Retention I . The provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the department under this contract. 2. Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract shall be maintained by the provider for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required by this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the department. 3. Upon demand, at no additional cost to the department, the provider will facilitate the duplication and transfer of any records or documents during the required retention period in Section I, Paragraph D. 2. 4. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the department. CF Standard Contract 051 20 10 1 Contract # KG065 5. At all reasonable times for as long as records are maintained, persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, section 92.36(i)(10), shall be allowed full access to and the right to examine any of the provider's contracts and related records and documents, regardless of the form in which kept. 6. A financial and compliance audit shall be provided to the department as specified in this contract and in Attachment Q. 7. The provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.). E. Monitoring by the Department The provider shall permit all persons who are duly authorized by the department to inspect and copy any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this contract Following such review, the department will deliver to the provider a written report of its findings, and request for development, by the provider, of a corrective action plan where appropriate. The provider hereby agrees to timely correct all deficiencies identified in the corrective action plan. F. Indemnification 1. The provider shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to any alleged act or omission by the provider, its agents, employees, partners, or subcontractors, provided, however, that the provider shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the department. Further, the provider shall, without exception, indemnify and save harmless the department and its employees from any liability of any nature or kind whatsoever, including attorneys fees, costs and expenses, arising out of, relating to or involving any claim associated with any trademark, copyrighted, patented, or unpatented invention, process, trade secret or intellectual property right, information technology used or accessed by the provider, or article manufactured or used by the provider, its officers, agents or subcontractors in the performance of this contract or delivered to the department for the use of the department, its employees, agents or contractors. The provider may, at its option and expense, procure for the department, its employees, agents or contractors, the right to continue use of, replace, or modify the product or article to render it non -infringing. If the provider is not reasonably able to modify or otherwise secure the department the right to continue using the product or article, the provider shall remove the product and refund the department the amounts paid in excess of a reasonable rental for past use. However, the department shall not be liable for any royalties. The provider has no liability when such claim is solely and exclusively due to the department's alteration of the product or article or the department's misuse or modification of the provider's products or the department's operation or use of vendor's products in a manner not contemplated by this contract. The provider shall provide prompt written notification to the department of any claim of copyright, patent or other infringement arising from the performance of this contract. 3. Further, the provider shall protect, defend, and indemnify, including attorneys' fees and costs, the department for any and all claims and litigation (including litigation initiated by the department) arising from or relating to provider's claim that a document contains proprietary or trade secret information that is exempt from disclosure or the scope of the provider's redaction, as provided for under Section LEE. 4. The provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is exhausted finding the department negligent shall excuse the provider of performance under this provision, in which case the department shall have no obligation to reimburse the provider for the cost of their defense. If the Provider is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the department shall be to the extent permitted by law and without waiving the limits of sovereign immunity. G. Insurance Continuous adequate liability insurance coverage shall be maintained by the provider during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. The limits of coverage under each policy maintained by the provider do not limit the provider's liability and obligations under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as specified in this contract. H. Confidentiality of Client information The provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. I. Assignments and Subcontracts The provider shall not assign the responsibility for this contract to another party without prior written approval of the department, upon the department's sole determination that such assignment will not adversely affect the public interest; however, in no event may provider assign or enter into any transaction having the effect of assigning or transferring any right to receive payment under this contract which right is not conditioned on full and faithful performance of provider's duties hereunder. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the department shall be null and void. The provider shall not subcontract for any of the work contemplated under this contract without prior written approval of the department, which shall not be unreasonably withheld. To the extent permitted by Florida Law, and in compliance with Section I.F. of this Standard Contract, the provider is responsible for all work performed and for all commodities produced pursuant to this contract whether actually furnished by the provider or its subcontractors. Any subcontracts shall be evidenced by a written document. The provider further agrees that the department shall not be liable to the subcontractor in any way or for any reason. The provider, at its expense, will defend the department against such claims. CF Standard Contract 05/2010 2 Contract # KG065 The provider shall make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the department in accordance with section 287.0585, F.S., unless otherwise stated in the contract between the provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the provider and paid by the provider to the subcontractor in the amount of one-half of one percent (.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due. 4. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the provider. In the event the State of Florida approves transfer of the provider's obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. This contract shall remain binding upon the successors in interest of either the provider or the department. 5. The provider shall include, or cause to be included, in all subcontracts (at any tier) the substance of all clauses contained in this Standard Contract that mention or describe subcontract compliance. Return of Funds The provider shall return to the department any overpayments due to unearned funds or funds disallowed that were disbursed to the provider by the department and any interest attributable to such funds pursuant to the terms and conditions of this contract. In the event that the provider or its independent auditor discovers that an overpayment has been made, the provider shall repay said overpayment immediately without prior notification from the department. In the event that the department first discovers an overpayment has been made, the contract manager, on behalf of the department, will notify the provider by letter of such findings. Should repayment not be made forthwith, the provider will be charged interest at the lawful rate of interest on the outstanding balance after department notification or provider discovery. K. Client Risk Prevention and incident Reporting i . If services to clients are to be provided under this contract, the provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6 or circuit or region operating procedures. 2. The provider shall immediately report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the provider and its employees. L. Purchasing 1. Articles which are the subject of or are required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this contract, the provider shall be deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (800) 643-8459. 2. The provider shall procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of sections 403.7065, and 287.045, F.S. M. Civil Rights Requirements 1. In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable the provider shall not discriminate against any employee (or applicant for employment) in the performance of this contract because of race, color, religion, sex, national origin, disability, age, or marital status. Further, the provider agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or the Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply to all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. Complete the Civil Rights Compliance Checklist, CF Form 946 in accordance with CFOP 60-16 and 45 CFR 80. This is required of all providers that have fifteen (15) or more employees. Subcontractors who are on the discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of 287.134, F.S. N. Independent Capacity of the Contractor 1. In performing its obligations under this contract, the provider shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida, except when the provider is a state agency. Neither the provider nor its agents, employees, subcontractors or assignees shall represent to others that it has the authority to bind the department unless specifically authorized in writing to do so. 2. This contract does not create any right to state retirement, leave benefits or any other benefits of state employees as a result of performing the duties or obligations of this contract. 3. The provider shall take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 4. The department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the provider, or its subcontractor or assignee, unless specifically agreed to by the department in this contract. 5. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and ail necessary insurance for the provider, the provider's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the provider. CF Standard Contract 05/2010 3 Contract # KG065 O. Sponsorship As required by section 286.25, F.S., if the provider is a non -governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (provider's name) and the State of Florida, Department of Children and Families". If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in at least the same size letters or type as the name of the organization. P. Publicity Without limitation, the provider and its employees, agents, and representatives will not, without prior departmental written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any State affiliate or any officer or employee of the State, or represent, directly or indirectly, that any product or service provided by the provider has been approved or endorsed by the State, or refer to the existence of this contract in press releases, advertising or materials distributed to the provider's prospective customers. Q. Final invoice The final invoice for payment shall be submitted to the department no more than 45 days after the contract ends or is terminated. If the provider fails to do so, all rights to payment are forfeited and the department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto, have been approved by the department. R. Use of Funds for Lobbying Prohibited The provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. Public Entity Crime Pursuant to section 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, helshe may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or the repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. T. Gratuities The provider agrees that it will not offer to give or give any gift to any department employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract for a period of two years. In addition to any other remedies available to the department, any violation of this provision will result in referral of the provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the provider's name on the suspended vendors list for an appropriate period. The provider will ensure that its subcontractors, if any, comply with these provisions. U. Patents, Copyrights, and Royalties It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or other copyrightable materials, arising in relation to provider's performance under this contract, and the performance of all of its officers, agents and subcontractors in relation to this contract, are works for hire for the benefit of the department, fully compensated for by the contract amount, and that neither the provider nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this contract. It is specifically agreed that the department shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which arises or is developed in the course of or as a result of work or services performed under this contract, or in anyway connected herewith. Notwithstanding the foregoing provision, if the provider is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply. 2. If the provider uses or delivers to the department for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the compensation paid pursuant to this contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract. 3. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. V. Construction or Renovation of Facilities Using State Funds Any state funds provided for the purchase of or improvements to real property are contingent upon the provider granting to the state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. W. Information Security Obligations 1. An appropriately skilled individual shall be identified by the provider to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the department's security staff and will maintain an appropriate level of data security for the information the provider is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all provider employees that request or have access to any departmental data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated provider employees. 2. The provider shall provide the latest departmental security awareness training to its staff and subcontractors who have access to departmental information. CF Standard Contract 05/2010 4 Contract # KG065 3. All provider employees who have access to departmental information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be obtained from the contract manager. 4. The provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the provider shall assure that unencrypted personal and confidential departmental data will not be stored on unencrypted storage devices. The provider shall require the same of all subcontractors. 5. The provider agrees to notify the contract manager as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential departmental data. The provider shall require the same notification requirements of all subcontractors. 6. The provider shall provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential departmental data provided in section 817.5681, F.S. The provider shall require the same notification requirements of all subcontractors. X. Accreditation The department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of the department's providers will either be accredited, have a plan to meet national accreditation standards, or will initiate a plan within a reasonable period of time. Y. Provider Employment Opportunities 1. Agency for Workforce Innovation and Workforce Florida: The provider understands that the department, the Agency for Workforce Innovation, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The department encourages provider participation with the Agency for Workforce Innovation and Workforce Florida. 2. Transitioning Young Adults: The provider understands the department's Operation Full Employment initiative to assist young adults aging out of the dependency system. The department encourages provider participation with the local Community -Based Care Lead Agency independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system. Z. Health Insurance Portability and Accountability Act The provider shall, where applicable, comply with the Health Insurance Portability and Accountability Act (42 U. S. C. 1320d.) as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). AA. Emergency Preparedness 1. If the tasks to be performed pursuant to this contract include the physical care or supervision of clients, the provider shall, within 30 days of the execution of this contract, submit to the contract manager an emergency preparedness plan which shall include provisions for records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the provider to continue functioning in compliance with the executed contract in the event of an actual emergency. For the purpose of disaster planning, the term supervision includes the responsibility of the department, or its contracted agents to ensure the safety, permanency and well-being of a child who is under the jurisdiction of a dependency court. Children may remain in their homes, be placed in a non -licensed relative/non-relative home, or be placed in a licensed foster care setting. 2. The department agrees to respond in writing within 30 days of receipt of the plan accepting, rejecting, or requesting modifications. in the event of an emergency, the department may exercise oversight authority over such provider in order to assure implementation of agreed emergency relief provisions. 3. An updated emergency preparedness plan shall be submitted by the provider no later than 12 months following the acceptance of an original plan or acceptance of an updated plan. The department agrees to respond in writing within 30 days of receipt of the updated plan, accepting, rejecting, or requesting modification to the plan. BB. PUR (Purchasing) 1000 Form The PUR 1000 Form is hereby incorporated by reference. in the event of any conflict between the PUR 1000 Form, and any terms or conditions of this contract (including the department's Standard Contract), the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. CC. Notification of Legal Action The provider shall notify the department of legal actions taken against them or potential actions such as lawsuits, related to services provided through this contract or that may impact the provider's ability to deliver the contractual services, or adversely impact the department. The department's contract manager will be notified within 10 days of provider becoming aware of such actions or from the day of the legal filing, whichever comes first. DD. Whistleb►ower's Act Requirements In accordance with subsection 112.3187(2), F.S., the provider and its subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1-800-543-5353. CF Standard Contract 05/2010 5 Contract # KG065 EE. Proprietary or Trade Secret Information 1. Unless exempted bylaw, all public records are subject to public inspection and copying under Florida's Public Records Law, Chapter 119, F.S. Any claim by provider of proprietary or trade secret confidentiality for any information contained in provider's documents (reports, deliverables or workpapers, etc., in paper or electronic form) submitted in connection with this contract will he waived, unless the claimed confidential information is submitted in accordance with paragraph 2 below. 2. The provider must clearly label any portion of the documents, data or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as proprietary or trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the provider shall include information correlating the nature of the claims to the particular protected information. 3. The department, when required to comply with a public records request including documents submitted by the provider, may require the provider to expeditiously submit redacted copies of documents marked as confidential or trade secret in accordance with paragraph 2 above. Accompanying the submission shall be an updated version of the justification under paragraph 2, correlated specifically to redacted information. The redacted copy must exclude or obliterate only those exact portions that are claimed to be proprietary or trade secret. If the provider fails to promptly submit a redacted copy and updated justification in accordance with this paragraph, the department is authorized to produce the records sought without any redaction of proprietary or trade secret information. 4. The department is not obligated to agree with the provider's claim of exemption on the basis of proprietary or trade secret confidentiality and the provider shall be responsible for defending its claim that each and every portion of the redactions of proprietary or trade secret information are exempt from inspection and copying under Florida's Public Records Law. FF. Support to the Deaf or Hard -of -Hearing The provider and its subcontractors, where direct services are provided, shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA), and the Children and Families Operating instruction (CFOP) 60-10, Chapter 4, entitled "Auxiliary Aids and Services For The Deaf and Hard -of -Hearing." 1. If the provider or any of its subcontractors employs 15 or more employees, the provider shall designate a Single -Point -of -Contact (one per firm) to ensure effective communication with deaf or hard -of -hearing customers or companions in accordance with Section 504, the ADA, and CFOP 60-10, Chapter 4. The name and contact information for the provider's Single -Point -of -Contact shall be famished to the department's Grant or Contract Manager within 14 calendar days of the effective date of this requirement. 2. The provider shall, within 30 days of the effective date of this requirement, contractually require that its subcontractors comply with section 504, the ADA, and CFOP 60-10, Chapter 4. A Single -Point -of -Contact shall be required for each subcontractor that employs 15 or more employees. This Single - Point -of -Contact will ensure effective communication with deaf or hard -of -hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the provider's Single -Point -of -Contact. 3. The Single -Point -of -Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers and its subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file. 4. The provider's Single -Point -of -Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no -cost to the deaf or hard -of -hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by providers and subcontractors. The approved Notice can be downloaded through the Internet at: http://www.dcfstate.fl.us/admin/ig/eivibights.shttffl 5. The provider and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The provider shall submit compliance reports monthly, not later than the 15th day of each month, to the department's Grant or Contract Manager. The provider shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. 6. If customers or companions are referred to other agencies, the provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs. II. THE DEPARTMENT AGREES: A. Contract Amount The department shall pay for contracted services according to the terms and conditions of this contract of an amount not to exceed $81,733.00 or the rate schedule, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. B. Contract Payment Pursuant to section 215.422, F.S., the department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specify otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date a properly completed invoice is received by the department or the goods or services are received, inspected, and approved, a separate interest penalty set by the Chief Financial Officer pursuant to section 55.03, F.S., will be due and payable in addition to the invoice amount. Payments to health care providers for hospital, medical, or other health care services, shall be made not more than thirty-five (35) days from the date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of .03333%. invoices returned to a provider due to preparation errors will result in a non -interest bearing payment delay. Interest penalties less than one (1) dollar will not be paid unless the provider requests payment. CF Standard Contract 05/2010 6 Contract # KG065 C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting vendors in receiving their payments in a timely manner from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. D. Notice Any notice that is required under this contract shall be in writing, and sent by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery. Said notice shall be sent to the representative of the provider responsible for administration of the program, to the designated address contained in this contract. 11I. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A. Effective and Ending Dates This contract shall begin on July 1, 2010, or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, local time in Monroe County, Florida, on June 30, 2011. B. Financial Penalties for Failures to Comply with Requirement for Corrective Actions 1. In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C., corrective action plans maybe required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. 2. The increments of penalty imposition that shall apply, unless the department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penalty, if imposed, shall not exceed ten percent (10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent (101/6) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. 3. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5%) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) penalty. 4. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the department may deduct the amount of the penalty from invoices submitted by the provider. C. Termination 1. This contract maybe terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the contract manager or the representative of the provider responsible for administration of the program. 2. In the event funds for payment pursuant to this contract become unavailable, the department may terminate this contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be sent by U.S. Postal Service or any expedited delivery service that provides verification of delivery. The department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any work satisfactorily completed. 3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to the provider. If applicable, the department may employ the default provisions in Rule 60A-1.006(3), F.A.C. The department's failure to demand performance of any provision of this contract shall not be deemed a waiver of such performance. The department's waiver of any one breach of any provision of this contract shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this contract. The provisions herein do not limit the department's right to remedies at law or in equity. 4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for cause. D. Renegotiations or Modifications Modifications of provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. CF Standard Contract 05/2010 7 Contract # KG065 E. Official Payee and Representatives (Names, Addresses, Telephone Numbers, and e-mail addresses): 1. The provider name, as shown on page I of this contract, and mailing 3. The name, address, telephone number and e-mail address of the contract manager address of the official payee to whom the payment shall be made is: for the department for this contract is: Namc: Monroe County Name: Theresa Phelan Address: 1100 Simonton Street Address: 11 I 112 Street City: Key West StataFL Zip Code:33040 City: Key West State: FL Zip Code: 33040 Phone: 305-292-4510 Phone. 305 292-6810 ext: 2. The name of the contact person and street address where financial and administrative records are maintained is: Name: Sheryl Graham Address: 1100 Simonton Street City: Key West State:FL Zip Code:33040 Phone. 305-292-4510 ext: ext: e-mail: trixic phelan(a)dcf.me fl.us 4. The name. address, telephone number and e-mail of the representative of the provider responsible for administration of the program under this contract is: Name: Sheryl Graham Address: 1100 Simonton Street City: Key West State:FL Zip Code:33040 Phone: 305-2924510 ext: e-mail: graham-sherylCaanonroecounty-fl.gov e-mail:graham-Sheryl®monroecounty-fl.gov 5. Upon change of representatives (names, addresses, telephone numbers and e-mail addresses) by either patty, notice shall be provided in writing to the other party and the notification attached to the originals of this contract F. All Terms and Conditions Included This contract and its attachments, I. A and exWbits A. B. C D & E and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terns and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this contract is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full horse and effect and such term or provision shall be stricken. By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Paragraph ID. F. above. IN WITNESS THEREOF, the parties hereto have caused this 40 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: MONROE COUNTY FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Signature: Signature: Print, Type Print/Type Name: Sylvia J. Murphy Name; Title: Monroe County Mayor T'ltle: Date: Date: STATE AGENCY 29 DIGIT FLAIR CODE: _ Federal Tax ID # (or SSN): 59-0074g Provider Fiscal Year Ending Date: 92 Q. Gildia P. Ferradaz Circuit Administrator CF Standard Contract 0512010 8 Contract # KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program ATTACHMENT I A. Services to be Provided. 1. Definition of Terms a. Contract Terms Contract terms used in this document can be found in the Florida Department of Children and Families Operating Procedure (CFOP) 75-2, Glossary of Terms, which is incorporated herein by reference and can be obtained from the contract manager. b. Program or Service Specific Terms (1) Activities of Daily Living. Basic activities performed in the course of daily living, such as dressing, bathing, grooming, eating, using a commode or urinal, and ambulating around one's own home. (2) Client. Any person ages 18 through 59 having one (1) or more permanent physical or mental limitations that restrict the person's ability to perform normal activities of daily living, and impede the person's capacity to live independently or with relatives or friends without the provision of community -based services. (3) Medicaid Institutional Care Program (MICP). A program designs to provide primary, acute, and long-term care services at capitated federally matched rates to Medicaid recipients who are determined eligible for a nursing home level of care. (4) Nursing home. Any facility that provides nursing services as defined in Chapter 464, Florida Statutes, and which is licensed in accordance with Chapter 400, Florida Statutes. (5) Outcomes — Quantitative indicators that can be used by the department to objectively measure a provider's performance toward a stated goal. (6) Outputs — Process measures of the quantity of services delivered, clients served, or similar units completed. (7) Performance Measures - Quantitative indicators, outcomes and outputs, that can be used by the department to objectively measure a provider's performance. (8) Service Providers. Private, for -profit, nonprofit or local government agencies designated to provide coordination of care for eligible clients. PSMAI # GA07 Monroe County 9 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program Service Providers can be case management providers, direct service providers, or both. 2. General Description a. General Statement. The Community Care for Disabled Adults (CODA) Program is designed to assist disabled adults, age eighteen (18) through fifty- nine (59), in utilizing available community and personal resources enabling them to remain in their own homes, and preventing their premature or inappropriate institutionalization. b. Authority. Sections 410.601-410.606, Florida Statutes, Chapter 65C-2, Florida Administrative Code, and the annual appropriations act, with any proviso language or instructions to the department, constitute the legal basis for services to be delivered through the CCDA program. C. Scope of Service. Services will be targeted toward eligible adults in Monroe County. d. Major Program Goal. Under this contract, the CCDA program provides link to community -based services that are designed to prevent inappropriate institutionalization of disabled adults. 3. Clients to be Served. a. General Description Adults with disabilities, age eighteen (18) through fifty-nine (59), who are no longer eligible to receive children's services, and are too young to qualify for community and home -based services for the elderly, may be served under the provisions of this contract. b. Client Eligibility (1) Applicants must have one or more permanent physical or mental limitations, that restrict the ability to perform normal activities of daily living, as determined through the initial functional assessment and medical documentation of disability. Determination of a permanent disability must be established and evidenced in one of the following manners: (a) An applicant may present a check, award letter, or other proof showing receipt of Social Security Disability Income, or some other disability payment (e.g., Worker's Compensation); or (b) An applicant may present a written statement from a licensed physician, licensed nurse practitioner, or mental health professional, PSMAI # GA07 Monroe County 10 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program which meets the Region's criteria for evidence of a disability. This written statement must, at a minimum, include the applicant's diagnosis, prognosis, a broad explanation of level of functioning, and the interpretation of need for services based on identified functional barriers caused by the applicant's disabling condition. (2) Applicants must have an individual income at or below the prevailing MICP eligibility standard in order to receive free CCDA services. (3) Applicants with incomes above the standard will be assessed a fee for a share of the costs, or may be required to provide volunteer services in lieu of payment. C. Client Determination (1) Clients will be assessed for eligibility determination, and prioritized for services by department case management staff, in accordance with subsection 410.604 (2), Florida Statutes. (2) The department will make the final determination of client eligibility. d. Contract Limits (1) The total annual cost estimated or actual, for an individual receiving CCDA services, shall not exceed the average, annual general revenue portion of a Medicaid nursing home bed within the Regional area. (2) Clients must not be receiving comparable services from any other entity. In order to prevent duplication of services, client files must contain documentation verifying that all comparable community services and funding sources have been explored and exhausted. (3) To the extent that funds are available, the provider will receive referrals for clients on whom the Human Service counselors have completed an Adult Services Screening for Consideration for Community Based Programs, Exhibit A. PSMAI # GA07 Monroe County 11 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program B. Manner of Service Provision 1. Service Tasks a. Task List (1) Service providers will ensure that appropriate community -based services are provided to clients in a manner designed to meet the client's changing needs, to assist the client in avoiding or reducing unnecessary dependence on the delivered service(s), and to increase the client's self-reliance. (2) The following tasks shall be performed under this contract: ❑Adult Day Care X Case ❑Emergency Alert Management Response X Personal Care X Homemaker ❑Interpreter ❑Chore ❑Escort ❑Home Health Aide ❑Home Nursing ❑Transportation ❑Respite ❑Adult Day Health Care ❑Group Activity Therapy X Home Delivered Meals ❑Medical Therapeutic Services ❑Physical and Exams (3) Details of services to be provided under this contract and the negotiated parameters of those services include: Case Management to be performed by provider staff, Personal Care and Homemaker services to be performed by subcontracted vendor. Home Delivered Meals to be purchased through subcontract and then delivered by provider staff. (4) Each Regional CCDA program must include case management services and at least one other community service. b. Task Limits The following task limits apply only to the services specified above. (1) Respite Care services may be provided for up to two hundred forty (240) hours per client per calendar year, depending upon individual need. The service may be extended to three hundred sixty (360) hours, as recommended by the case manager and approved by an immediate supervisor. Documentation of approval must be evident in the case narrative section of the case manager's file. PSMAI # GA07 Monroe County 12 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program (2) Personal Care services will not substitute for the care usually provided by a registered nurse, licensed practical nurse, therapist, or home health aide. The personal care aide will not change sterile dressings, irrigate body cavities, administer medications, or perform other activities prohibited by Chapter 59A-8, Florida Administrative Code. (3) Homemaker service time does not include time spent in transit to and from the client's place of residence except when providing shopping assistance, performing errands or other tasks on behalf of a client. (4) Several restrictions apply to persons providing Homemaker service activities. Persons providing services must not: (a) engage in work that is not specified in the referral from the case manager; (b) accept gifts from clients; (c) lend or borrow money or articles from clients; (d) handle client money, unless authorized in writing by a supervisor or case manager (documented in the personnel file) and unless bonded or insured by the employer; (e) transport clients, unless authorized in writing by a supervisor or case manager. (5) The parameters of service delivery, by type of service, are detailed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. (6) Region task limits, which exceed those in CFOP 140-8, Community Care for Disabled Adults Operating Procedures, and are distinctive to this contract, are listed here: None. 2. Staffing Requirements a. Staffing Levels (1) The provider will meet the minimum staffing requirements for each service, as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. (2) The provider will notify the department, in writing, within thirty calendar (30) days whenever the provider is unable, or expects to be unable to PSMAI # GA07 Monroe County 13 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program provide the required quality or quantity of service due to staff turnovers or shortages. b. Professional Qualifications The provider will ensure that staff meets the professional qualifications for each service, as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. C. Staffing Changes The provider agrees to notify the department's contract manager within two (2) working days if a key administrative position (e.g., executive director) becomes vacant. Planned staffing changes that may affect service delivery, as stipulated in this contract, must be presented in writing to the contract manager for approval at least ten (10) working days prior to the implementation of the change. d. Subcontractors This contract allows the provider to subcontract for the provision of the following services under this contract: Personal Care, Homemaker and Home Delivered Meals. The provider may not subcontract services not listed. All subcontracting is subject to the provisions of Section I.I. of the Standard Contract. 3. Service Location and Equipment a. Service Delivery Location and Times (1) Services for this contract will be delivered at the following locations and times: SERVICE LOCATION TIMES Case Management Client's Home As Needed Personal Care Client's Home As Needed Homemaker Client's Home As Needed Home Delivered Meals Client's Home As Needed (2) CCDA services may be delivered in the client's home or on -site at a facility, as negotiated by the department and the provider. (3) Facilities delivering on -site services to clients shall pass an annual inspection by the local environmental health and fire authorities. PSMAI # GA07 Monroe County 14 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program (4) Service providers will meet the minimum service location and time requirements as specified in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. b. Changes in Location The provider must notify the department of changes in the location of service delivery. Once the service delivery location is agreed upon, any proposed change must be presented in writing to the contract manager for approval, ten (10) working days prior to implementation of that proposed change. In the event of an emergency, temporary changes in location may necessitate waiver of this designated standard by the Region's program office. Such a waiver will take into consideration the continuity, safety, and welfare of the department's clients, and is at the department's sole discretion. C. Equipment (1) If equipment is applicable to a specific provider's contract, the provider must submit an equipment listing (Exhibit N/A) to the department which lists the equipment. The equipment required to perform the contracted services must be negotiated by the department and the provider. To ensure uniformity, safety, and quality of service to clients, any requests for equipment change must be presented in writing to the contract manager for approval at least ten (10) days prior to any proposed change. (2) The provider must inventory all equipment acquired under this contract annually. The inventory list must be made available within seven (7) days upon receipt of written request by the contract manager. The provider must list the items of equipment on the equipment listing (Exhibit N/A), as applicable to the provider's contract for specific services. 4. Deliverables a. Service Units A service unit is an appropriate, distinct amount of given service, which may include, but is not limited to, an hour of direct service delivery; a meal; an episode of travel; or a twenty-four (24) hour period of Emergency Alert Response maintenance, as defined in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. All service units, as well as their description and costs, are listed in CFOP 140-8, Community Care for Disabled Adults Operating Procedures. PSNAI # GA07 Monroe County 15 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program b. Records and Documentation (1) Client Records (all clients) Providers shall maintain information on each client served by this contract, which includes the following: (a) documentation of the client by name or unique identifier; (b) current documentation of eligibility for services; (c) dates of service provision and delivery; (d) information documenting the client's need to receive services; (e) the number of service units provided; and (f) all other forms or records necessary for program operation and reporting, as set forth by the department. (2) Case Management Client records. Case management agency individual client files shall contain the following: (a) a completed client assessment (no more than one (1) year old); (b) a care plan (no more than one (1) year old); (c) a release of information form; (d) a copy of a completed Adult Services Information System (ASIS) form; (e) documentation of the client's age, disability, and income; (fl a completed and scored copy of the Adult Services Screening for Consideration for Community Based Services; and (g) a case narrative. (3) Providers must ensure that all client records accurately match the invoices submitted for payment. Records must cross reference to each invoice for payment. (4) Providers must maintain documentation necessary to facilitate monitoring and evaluation by the department. PSMAI # GA07 Monroe County 16 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program (5) The case management provider must maintain documentation in the client's file that all comparable community services and funding sources have been explored and exhausted before using CCDA funding. C. Reports Report Title Reporting Report Date Number DCF Office addresses Frequency Due of copies to receive report due Monthly Monthly The 15rh of two Contract Cumulative month Manager Summary immediately & Report following the Program report period Office Reporting requirements for this contract include: (1) Exhibit B, Monthly Cumulative Summary Report. Regions will negotiate with the provider on specific submission requirement criteria for these reports. (2) In the event of early termination of this contract, the provider will submit the final Monthly Cumulative Summary Report within forty-five (45) days after the contract is terminated. (3) Acceptance of Reports. Where the contract requires the delivery of reports to the department, mere receipt by the department shall not be construed to mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance in writing of required reports shall constitute a separate act. The department reserves the right to reject reports as incomplete, inadequate, or unacceptable according to the parameters set forth in the contract. The department, at its option, may allow additional time within which the provider may remedy the objections noted by the department or the opportunity to complete, make adequate, or acceptable, or declare the resulting contract to be in default. 5. Performance Specifications a. Performance Measures (1) Ninety eight percent (98%) of adults with disabilities receiving services will not be placed in a nursing home. PSMA1 # GA07 Monroe County 17 KC065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program (2) 25: # of qualified disabled adults (ages 18-59) provided case management. (3) 3: # of qualified disabled adults (ages 18-59) in the CCDA and Aged and Disabled Adults (ADA) Medicaid Waiver Programs. b. Description of Performance Measurement Terms Placed:. The result of an assessment of an individual who is no longer able to remain in his present place of residence. (To place a client involves preparation for and follow up of moving a client into a more restrictive alternative living environment). C. Performance Evaluation Methodology Measuring Outcomes. The department will measure the outcomes found in paragraph B.5.a. above as follows: (1) The outcome measurement contained in paragraph B.5.a. (1) above will be calculated by dividing the total, fiscal year-to-date number of clients in the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid waiver programs not transferred to a nursing home, by the total, fiscal year-to-date number of clients in the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid wavier programs. (2) The outcome measurement contained in paragraph B.5.a. (2) above will be calculated by the total number of clients actively receiving case management from the Community Care for Disabled Adults, Home Care for Disabled Adults, Cystic Fibrosis, and Medicaid waiver programs. (3) The outcome measurement contained in paragraph B.5.a (3) above will be calculated by the total number of clients actively receiving daily living services from the Community Care for Disabled Adults and the Medicaid waiver programs. d. By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above and will be bound by the conditions set forth in this contract. If the provider fails to meet these standards, the department, at its exclusive option, may allow up to six months for the provider to achieve compliance with the standards. If the department affords the provider an opportunity to achieve compliance and the provider fails to achieve compliance within the specified time frame, the department must cancel the contract in the absence of any extenuating or mitigating circumstances. The determination of the extenuating or mitigating circumstances is the exclusive determination of the department. PSMAi # GA07 Monroe County 18 KC065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program 6. Provider Responsibilities a. All Providers Unique Activities Health Insurance Portability and Accountability Act. If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply [45 CFR 164.504(e)(2)(ii)]: (1) The provider hereby agrees not to use or disclose protected health information (PHI) except as permitted or required by this contract, state or federal law. (2) The provider agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this contract or applicable law. (3) The provider agrees to report to the department any use or disclosure of the information not provided for by this contract or applicable law. (4) The provider hereby assures the department that if any PHI received from the department, or received by the provider on the department's behalf, is furnished to provider's subcontractors or agents in the performance of tasks required by this contract, that those subcontractors or agents must first have agreed to the same restrictions and conditions that apply to the provider with respect to such information. (5) The provider agrees to make PHI available in accordance with 45 C.F.R. 164.524. (6) The provider agrees to make PHI available for amendment and to incorporate any amendments to PHI in accordance with 45 C.F.R. 164.526. (7) The provider agrees to make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. 164.528. (8) The provider agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from the department or created or received by the provider on behalf of the department available for purposes of determining the provider's compliance with these assurances. (9) The provider agrees that at the termination of this contract, if feasible and where not inconsistent with other provisions of this contract concerning record retention, it will return or destroy all PHI received from the PSMAI # GA07 Monroe County 19 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program department or received by the provider on behalf of the department, that the provider still maintains regardless of form. If not feasible, the protections of this contract are hereby extended to that PHI which may then be used only for such purposes as make the return or destruction infeasible. (10)A violation or breach of any of these assurances shall constitute a material breach of this contract. b. Direct Service Provider Unique Activities (1) The provider will be required to use volunteers to the fullest extent feasible in the provision of services and program operations. The provider is required to train, supervise, and appropriately support all volunteers with insurance coverage. (2) The provider will maintain an accurate and current active caseload list. (3) The provider will maintain a current monthly billing ledger of all provider claims submitted to the case management agency or Adult Services local office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (4) The provider will notify the case management agency or Adult Services local office of all service terminations, service increase requests and monthly expenditure trends with regards to the terms of this contract. (5) The provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening conducted by an Adult Services counselor. (6) The provider shall provide to individuals requesting services a contact name and phone number to the nearest Adult Services Region Office. C. Case Management Provider Unique Activities (1) The case management provider will accept all referrals through the Adult Services Regional Program Office. (2) The case management provider will complete ongoing face-to-face assessments on all pre-screened individuals referred by the Adult Services Regional Program Office for service consideration and program application, using the Adult Services Client Assessment, CF-AA 3019. PSMAI # GA07 Monroe County 20 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program (3) The case management provider will maintain an accurate and current active caseload list. (4) The CCDA case management provider will maintain a current monthly billing ledger of all provider claims submitted to the agency or the local Adult Services office, including all corrected claims and adjustments to claims for services that were delivered to consumers being served through this contract. (5) The CCDA case management agency will notify the local Adult Services office of all service terminations, service increase requests, Exhibit C, and monthly expenditure trends with regards to the terms of this contract. (6) The case management provider will explain to each individual requesting consideration for CCDA services that the program maintains a centralized Waiting List on which the individual will be placed according to his or her score received through an Adult Services Screening. (7) The case management provider shall provide to individuals requesting services a contact name and phone number to the nearest Adult Services Region Office. d. Coordination with Other Providers/Entities The case management provider must coordinate, as necessary, with the Agency for Persons with Disabilities, the Department of Children and Families, the Department of Education, the Department of Health, and the Florida Statewide Advocacy Council, to serve those clients who are eligible for services through two (2) or more service delivery continuums. 7. Departmental Responsibilities a. Department Obligations (1) The department will supply all new providers with a copy of the Community Care for Disabled Adults Operating Procedures, CFOP 140-8. (2) The department will provide CODA technical assistance to the provider, relative to the negotiated terms of this contract and instructions for submission of required data. PSMAI # GA07 Llonroe Countv 21 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program b. Department Determinations Should a dispute arise, the department will make the final determination as to whether the contract terms are being fulfilled according to the contract specifications. c. Monitoring Requirements The provider will be monitored in accordance with existing departmental procedures (CFOP 75-8). C. Method of Payment 1. Payment Clause a. This is a fixed price (unit cost) contract. The department shall pay the provider for the delivery of service units provided in accordance with the terms of this contract, subject to the availability of funds. b. The department shall make payments to the provider for the provision of services up to the maximum number of units of service at the rates shown below. c. The department agrees to pay for the service units at the unit price(s) and limits listed below. FY 2010-2011 Service Service Unit Unit Price Case Management Hour $49.89 Personal Care Hour $25.28 Homemaking Hour 1 $21.79 Home Delivered Meals I Meal 1 $ 6.30 d. The provider's dollar match for this contract is as follows: For Fiscal Year 2010-2011: $9,081.00 e. Cash or in kind resources may be used to meet this match requirement. PSMAI # GA07 Monroe County 22 KG065 07/01/2008 2. Invoice Requirements Community Care for Disabled Adults/Fixed Price Adult Services Program The provider shall request payment through submission of a properly completed Monthly Request for Payment and Expenditure Report, Exhibit D, within 15 days following the end of the month for which payment is being requested. The provider shall submit to the contract manager an original Monthly Request for Payment and Expenditure Report, Exhibit D, and no copies, along with supporting documentation. Payment due under this contract will be withheld until the department has confirmed delivery of negotiated services. Payments may be authorized only for service units on the invoice which are in accordance with the above list and other terms and conditions of this contract. The service units for which payment is requested may not either by themselves, or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract. 3. Supporting Documentation a. It is expressly understood by the provider that any payment due the provider under the terms of this contract may be withheld pending the receipt and approval by the department of all financial and program reports due from the provider as a part of this contract and any adjustments thereto. Requests for payment, which cannot be documented with supporting evidence, will be returned to the provider upon inspection by the department. b. The provider must maintain records documenting the total number of recipients and names (or unique identifiers) of recipients to whom services were provided and the dates the services were provided so that an audit trail documenting service provision can be maintained. D. Special Provisions 1. Fees a. The case management provider will collect fees for services provided according to Rule 65C-2.007, Florida Administrative Code. b. No fees shall be assessed other than those established by the department. Fees collected in compliance with the department directives will be reinvested in a manner prescribed by the department. 2. Florida Statewide Advocacy Council The provider agrees to allow properly identified members of the Florida Statewide Advocacy Council access to the facility or agency and the right to communicate with PSMAI # GA07 Monroe County 23 KC065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program any client being served, as well as staff or volunteers who serve them in accordance with subsections 402.165(8) (a) & (b), Florida Statutes. Members of the Florida Statewide Advocacy Council shall be free to examine all records pertaining to any case unless legal prohibition exists to prevent disclosure of those records. 3. Transportation Disadvantaged The provider agrees to comply with the provisions of Chapter 427, Florida Statutes, Part I, Transportation Services, and Chapter 41-2, F.A.C., Commission for the Transportation Disadvantaged, if public funds provided under this contract will be used to transport clients. 4. MyFloridaMarketPlace Transaction Fee This contract is exempt from the MyFloridaMarketPlace Transaction Fee in accordance with Chapter 60A-1.032(1) (e), Florida Administrative Code. 5. Incident Reporting The provider is required to document all reportable incidents, as defined in CFOP 215-6, Incident Reporting and Client Risk Prevention, which is incorporated herein by reference. For each critical incident occurring during the administration of its program, the provider must, within 24 hours of the incident, complete and submit an Incident Report (Exhibit E) to the contract manager for this contract. A copy of the incident report must also be placed in a central file marked "Confidential Incident Report". Dissemination of the report within the department will be the responsibility of the Department's contract manager. Incidents that threaten the health, safety or welfare of any person or that place any person in imminent danger must be reported immediately to the department contract manager by telephonic contact. The information contained in the incident report is confidential. The dissemination, distribution or copying of the report is strictly prohibited, unless authorized by the department. 6. Mandatory Reporting Requirements The provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the provider, and of any subcontractor, providing services in connection with this contract who has any knowledge of a reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the contract manager; and 2) other reportable incidents shall be reported to the department's Office of Inspector General by completing a Notification/Investigation Request (form CF 1934) and emailing the PSMAI # GA07 Monroe County 24 KG065 07/01/2008 Community Care for Disabled Adults/Fixed Price Adult Services Program request to the Office of Inspector General at ig complaints(iMcf.state.tl.us. The provider and subcontractor may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. A reportable incident is defined in CFOP 180-4, which can be obtained from the contract manager 7. Contract Term The department and the provider agree that this contract shall be for a one year term, at the provider's request. E. List of Exhibits 1. Exhibit A, AS Screening for Consideration for Community -Based Programs 2. Exhibit B, CCDA Monthly Cumulative Summary Report 3. Exhibit C, Request for Approval of CCDA Care Plan Services Increase 4. Exhibit D, Monthly Request for Payment and Expenditure Report 5. Exhibit E, Incident Report PSMAI # GA07 Monroe County 25 KG065 Exhibit A 4�- PART I 1. Name: 2. Address: AS Screening for Consideration for Community -Based Programs District/Region: 3. Phone: 4. Race: Gender: Age/DOB: 5. Marital Status: 6. Social Security Number: 7. Primary Language: 8. Medicaid ❑ Number: 11. Financial: (for Placement & Supportive Services only) $ (SSDI) $ (SSI) $ (Workers Comp) $ (Other) $ (Other) 14. Problem/Diagnosis: 15. How Long a Problem? 17. Services Requested: A. Date of Referral (Initial Contact): B. ❑ Walk In ❑ Phone ❑ Other: C. Referral Source (include phone number): D. Relationship to Individual Being Referred: E. Is Individual Aware of Referral? ❑ Yes ❑ No 9. MedicareEl Number: 10. Other Insurance: 12. Other Essential Person(s): physician, family member(s), PDA, guardian, caregiver (include address and phone number) Emergency Contact (and phone): 13. Directions to Home (as needed): 18. Other Agencies Contacted for Help: 16. Urgency of Need: 19. AS Counselor's Signature: Date: 20. Disposition: ❑ Protective Intervention Placement ❑ Protective Intervention Supportive Services ❑ Short -Term Case Mgmt. ❑Information &Referral ❑CCDA Application ❑ADA Medicaid Waiver Application ❑ HCDA Application ❑ CCDA Waiting List - Score ❑ ADA Medicaid Waiver Waiting List - Score ❑ HCDA Waiting List - Score 21. Due Process Pamphlet (CF/PI 140-43) Given/Mailed by: Date: 22. Given to Supervisor for Review by: Date: 23. Reviewed/Approved by: Date: 24. PART I sent to: Date: By: 25. Referred to AS Counselor/Case Manager: CF-AA 1022, PDF 10/2005 Date: Page 1 of 4 26 PART II FUNCTIONAL ASSESSMENT (ADLs AND AADLs) 26. Check sources of information used for FUNCTIONAL ASSESSMENT Section. ❑ Individual Requesting Services ❑ Other (specify): 27. Has individual requesting services had any ongoing problems with memory or confusion thatseriously interfere with daily living activities? Describe: Indicate name and phone number of physician/other who is treating individual for memory/confusion problem(s): (Address all questions to the individual requesting services if possible. The purpose of these questions is to determine actual ability to do various activities. Sometimes, caregivers help the individual with an item regardless of the person's ability. Ask enough questions to make sure the individual requesting services is telling you what he/she can or cannot do.) Response Definitions: No help: Individual can perform activity without assistance from another person. Some help: Needs physical help, reminders or supervision during part of the activity. Can't do it at all: Individual cannot complete activity without total physical assistance from another person. Total Score: Add numbers from "Some help" and "Can't do it at all" columns to points given in question #33, and put sum in Total Score boxes. ACTIVITIES OF DAILY LIVING (ADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) 0 = No help 2 = Some help 3 = Can't do it at all Comments/Care Plan Implications: 28. Dressing (includes getting out clothes and putting them on and fastening them, and putting on shoes) 0 29. Bathing (includes running the water, taking the bath or shower and washing all parts of the body including 0 hair 30. Eating (includes eating, drinking from a cup and cutting foods) 0 31. Transferring (includes getting in and out of a bed or chair) 0 32. Toileting (independently includes adjusting clothing, getting to and on the toilet, and cleaning one's self. If 0 accidents occur and person manages alone, count it as independent. If reminders are needed to clean up, change diapers, or use the toilet this counts as some help) 33. Bladder/Bowel Control - How well can you control your bladder or bowel? 0 — Never have accident (0) — Occasionally have accidents (2) Enter Score — Often have accidents (3) — Always have accidents 4 ADL Total Score (Total possible score = 19) 0 Page 2 of 4 27 INSTRUMENTAL ACTIVITES OF DAILY LIVING (IADLs) (Read all choices before taking answer) Would you say that you need help from another person? (Does not include assistance from devices) 0 = No help 1 = Some help 2 = Can't do it at all Comments/Care Plan Implications: Include services, supplies, equipment, etc. 34. Transportation Ability (includes using local transportation, paratransit, or driving to places beyond 0 walking distance) 35. Prepare Meals (includes preparing meals for yourself including sandwiches, cooked meals and TV dinners) 0 36. Housekeeping (dusting, vacuuming, sweeping, laundry) 0 IADL Total Score 0 (Total possible score = 6) SUPPORT AND SOCIAL RESOURCES OF INDIVIDUAL REQUESTING SERVICES (No Score for Questions 37-46) 37. Check source(s) of information used for this section. ❑ Individual Requesting Services ❑ Other (specify): SERVICES/HELP Yes No NOTES Do you receive ... 38. Personal Care Assistance (bathing, dressing, getting out of bed, toileting and eating) 39. Housekeeping (laundry, cleaning, meals, etc) 40. Transportation 41. Shopping/Errands 42. Personal Finances (money management) 43. Services from a health professional such as an RN or Therapist? 44. Adult Day Care 46. Home delivered meals (Formal only) 46. Any other kind of help (Specify) Page 3 of 4 28 PART III - SCORING MATRIX For items 1,2,3,4,5 and 6 in the scoring matrix below, enter the value (in parenthesis) following the question response which corresponds to the response obtained during the interview or through reviews. Example: If the answer was "yes" to the question "Is individual homebound?", a score of 1 point is placed on the line next to the answer line marked "Yes." For item 7, enter the score for ADLs and IADLs from the screening form. For item 8, subtract 40 points if the individual interested in HCDA or CCDA services appears eligible or is receiving comparable services from other programs. See the Adult Services Waiting List Policy for Community -Based Programs for a definition/description of "comparable services." Comments From Individual Requesting Services That May Result in Re -Adjustment of Score: Total Score: Add and subtract (as appropriate) the individual scores for each item to determine the total score and place the score in the box marked Total Score. Domain/Question Sr_nra 1. Is individual requesting services a victim and at high risk of abuse, neglect, or exploitation based on Protective Investigator's report? 2. Is individual requesting services a victim and at intermediate risk of abuse, neglect, or exploitation based on Protective Investigator's Report? 3. Does individual live alone or is individual solely responsible for minor children (under the age of 12) in the home? 4. Is individual homebound? (See AS Screening for Consideration for Community -Based Programs INSTRUCTIONS for definition of homebound.) 5. Does individual have ongoing memory/confusion problems? 6. Is individual receiving SSl or SSD because of primary diagnosis of sensory impairment? 7. Functional Assessment: ADLs........................................... IADLs....................................... 8. Support for Individual Requesting Services: Does individual currently receive help/services (forma IAnformal) in ADL or IADL deficit areas noted? For HCDA and CCDA Programs Only: Individual appears eligible or is receiving comparable services from other departmental programs, APD, or vocational rehabil- itation. (Does not include AS programs — see waiting list policy for definition of "comparable services.") Specify program(s) to which individual is being referred for eligibility determination and steps taken to refer individual to other program(s). Yes (4 pt.) Yes (2 pt.) Yes (1 pt.) Yes (1 pt.) Yes (2 pt.) Yes (3 pt.) 0 (enter ADL total score) 0 (enter IADL total score) No help (4 pt.) Help is available but overall inadequate or changing, fragile or problematic (2 pt.) Help is adequate overall in deficit areas (0 pt.) TOTAL SCORE (Total Possible Score = -40 to +40) Minus 40 pt CCDA ADA MW HCDA 0 0 0 _J 29 Page 4 of 4 w 0 0 n: CD m a v D n 5� 0 o� N 7pm m0 �O 0 < m 00 r= Om zg mn zm W m �> ;o0 m T� 0m m0 0z 0 -4 zm CJt A W N -� O CD 00 --I U1 A W N -► m v CD z 3 CD v n o n CD D (CD m� y N n A <. N a C > o C7, r- y y y 7 �s o. 30 z, �c 0 � y O ry = 3 zCL 0 a� m n 0 0)y _0T N 0 v m r r ^Z V i O X cn m m 0 m r m X m 0 n n O C z D X -1 ;(7 g cn D Im r m D 0 U) O C `m^ V1 I�A n 0 v D O z r 0 C ic m CA c ic X O i 2>_0v;a z;o0m` C0<m0 r5F/5 >�m r-zn0 C) Dmm=. O 0 Z z m x m Exhibit C Request for Approval of CCDA Care Plan Services Increase Part I: Recipient Information Name: Last name, first name, middle name or initial Date of birth: Social security number: Medicaid/Medicare Medical assistance number: Current Address: Address where services will be received: County: County: Status (Transfer/Existing): Describe reason for service funding increase. If individual is a transfer, indicate originating district/agency.. An Adult Services client reassessment was completed on by and If individual is an existing consumer with your agency, respective revised care plan revisions made on indicate current monthly authorized units of service by by , to service type(s): reflect that this Recipient is justifiably in need of increased Service(s) based on (check all situations which apply): ❑ Failing Support System ❑ Decrease in Functional Capacity ❑ Rapidly Deteriorating Health Medicaid waiver eligibility date: Provider Information Agency name: Agency contact person: Agency address: Phone: Fax: E-mail address: Part II: Summary of Recipient's Presenting Situation. (Refer to form instructions for details about the type of information required here. Use the space below or include attachment.) Part III: Proposed New Service Request. (Please indicate the new care plan services beina reauested and the corresnnnriinn antici ated service start dates.)- r Service Anticipated start date Service Anticipated start date 31 KG065 Part IV: Specific Description of Proposed New Service(s) As Tailored To Meet Recipient's Need. (Refer to the form instructions for details about the type of information required here. Use the space below or include attachment.) Part V: Cost Detail for Proposed New Care Plan Service(s). A. Attach a Cost Detail page for each service requested in Part III. Each Cost Detail page should reflect the total annual cost of serving the consumer for that service type. Part VI: Care Plan Modification of Number of Service Units. The Budget Entity Team will not consider authorization to increase service unit quantity of an authorized service on a Recipient's care plan for any of the following documented reasons unless this section is accurately and fully completed. (To justify unit service rates, please present comparative information: unit rate quotes from a minimum of three other service agencies providing this same service within a ten mile radius; reasons for choosing this specific vendor; a statement attesting to the fact that selected vendor is a sole source provider of this service in this geographic area, etc. Attach information as necessary (e.g., agency administrative costs, your agency salary scale, etc.). Refer to the form instructions.) ❑ Failing Support System: List proposed add -on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. ❑ Decrease in Functional Capacity: List proposed add -on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. ❑ Rapidly Deteriorating Health: List care plan add -on number of monthly service units by service component with annualized service costs projected to safely maintain Recipient at home and to ameliorate this risk factor. Part VII. Signatures. (Please note: Final approval of all requests for Care Plan increases rest with the Budget Entity Team. Prnvirlpm will rerpivP an Awnrrl I Pttpr frnm the RmInpt Fntity Team for one of its membersl when the Dlan has been aDDroved.) Provider Agency (Signature indicates that the information presented in this Request for Care Plan Services Date: Increase and attachments are accurate and complete.) Recipient/Representative: (Signature indicates that the Recipient/Representative has reviewed the Request for Date: Care Plan Services Increase and attachments.) District/Regional Program Staff: (Signature indicates that the district/regional program staff and provider have Date: agreed upon the services to be funded.) District/Regional Adult Services Program Director: (Signature indicates district/regional approval of the Service Date: Funding Plan.) 32 KG065 EXHIBIT D DEPARTMENT OF CHILDREN AND FAMILIES ADULT SERVICES OFFICE MONTHLY REQUEST FOR PAYMENT AND EXPENDITURE REPORT PROVIDER FED. ID # NAME AND MAILING ADDRESS OF PAYEE: CONTRACT AMNT.: REIMBURSEMENT YTD.: CONTRACT BALANCE: DATE: CONTRACT#: PERIOD OF SERVICE PROVISION: NAME OF SERVICE OR DESCRIPTION OF MATERIALS UNITS/ QUANTITY AMOUNT PER UNIT/ EPISODE TOTAL AMOUNT DUE TOTAL MATCH REQUIRED FOR CONTRACT: THIS MNTH. YTD. TOTAL PAYMENT REQUESTED Fbrida Department of Children & Families _.... LOCAL CASH MATCH LOCAL IN -KIND TOTAL DEDUCTIONS REMAINING MATCH BALANCE SIGNITURE OF PREPARER DATE COMPLETED APPROVED BY TITLE 'IF THIS INVOICE IS FOR A FIXED PRICE CONTRACT, THE REQUEST FOR PAYMENT WILL BE DETERMINED BY DIVIDING THE LENGTH OF THE CONTRACT INTO THE CONTRACTED AMOUNT (EX.$12,000[AL1-OCATIOM DIVIDED BY 12 MONTHS [THE LENGTH OF THE CONTRACT141,000 PAYMENT REQUEST) ON A COST REIMBURSEMENT CONTRACT THE PAYMENT REQUEST WILL BE THE MONTHLY REQUEST EXPENSE. CHILDREN AND FAMILIES USE ONLY DATE INV, RCD. APPROVED BY: DATE ORG EO OBJ DESC AMNT. IOCA 33 KG065 FIc>rida iJa•parTmer>t of Children & Families E Circuit 11 & 16 INCIDENT REPORT Exhibit E CONFIDENTIAL WARNING: The information contained in this report is confidential. You are hereby notified that dissemination, distribution, or copying of this document is strictly prohibited, unless authorized by the Department of Children & Families. 1. IDENTIFYING INFORMATION Reporting Party Phone #: Date of Incident /_/ Time of Incident Reporting Party Name Specific Program: check all that apply ❑AMH ❑AS ❑ASA ❑CMH ❑CSA ❑DA ❑DC ❑DD ❑ ESS ❑ FS Please respond to one of the following as appropriate. a. Contract Provider Name b. Foster Home Name c. DS Home Name d. DCF Facility Name e. Other Name Did the incident occur in a licensed facility? ❑ Yes ❑ No ❑ Don't know. Specific location/address where incident occurred: OF Check one box only. 1. Altercation: ❑Client/client ❑Client/staff ❑ Staff/staff 2. ❑ Client Death 3. ❑ Client Injury or Illness 4. ❑ Elopement/Runaway 5. ❑ Escape 6. ❑ Sexual Battery 7. ❑ Suicide Attempt 8. ❑ Other Incidents FIRST Name LAST Name SS# Birth Date Race Gender Client Employee Other Participant Witness other 34 KG065 Give Detailed Account - (Who, What, When, Where, Why, How) - Add Pages If Necessary V. CORRECTIVE ACTION AND FOLLOW UP Immediate corrective action taken Is follow-up action needed? NO❑ YES❑ If yes, specify: 35 INDIVIDUALS! ■ EXTERNAL NOTIFICATION Agency Notified Person Contacted Status DateMme Called Copy Abuse Registry 1-800-962-2873 Name Report Accepted Yes ❑ No❑ ❑ ❑ ID# Agency for Health Care Administration Name: N/A ❑ ❑ Law Enforcement -Department Officer's Name Badge # Case # (if avail) N/A ❑ ❑ Parent/Guardian/ Family Member Name Name: N/A ❑ ❑ Other (Please specify) Name: N/A ❑ ❑ Other (Please specify) Name: N/A ❑ ❑ DCF (for providers only) Name: N/A ❑ ❑ VII. REVIEW • SIGNATURES NAME SIGNATURE TITLE PHONE # DATE REPORTING EMPLOYEE — — — SUPERVISOR NOTIFICATION 36 INCIDENT DEFINITIONS The definitions apply to DCF direct or contractual services/employees 1. Altercation. A physical confrontation occurring between a client and employee or two more clients at the time services are being rendered, or when a client is in the physical custody of the department, which results in one or more clients or employees receiving medical treatment by a licensed health care professional. 2. Client Injury/Illness. A medical condition of a client requiring medical treatment by a licensed health care professional sustained or allegedly sustained due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in a Department of Children and Families or contracted facility or service center or who is in the physical custody of the department. 3. Client Death. Any person whose life terminates due to or alleged due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in a Department of Children and Families operated or contracted facility or service center, while in the physical custody of the department; or when a death review is required pursuant to CFOP 175-17,Child Death Review Procedures. 4. Escape. The unauthorized absence as defined by statute, departmental operating procedure or manual of a client committed to, or securely detained in a Department of Children and Families mental health or developmental services forensic facility covered by Chapters 393, 394 or 916, FS. 5. Sexual Battery. An allegation of sexual battery by a client on a client, employee on a client, or client on an employee as evidenced by medical evidence or law enforcement involvement. 6. Suicide Attempt. An act which clearly reflects the physical attempt by a client to cause his or her own death while in the physical custody of the department or a departmental contracted or certified provider, which results in bodily injury requiring medical treatment by a licensed health care professional. 7. Other Incidents. An unusual occurrence or circumstance initiated by something other than natural causes or out of the ordinary such as a tornado, kidnapping, riot or hostage situation, which jeopardizes the health, safety and welfare of clients who are in the physical custody of the department. 37 ATTACHMENT II The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on -site visits by department staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-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 part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. Single Audit Information for Recipients of Recovery Act Funds: (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A- 102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A-102 is available at http://www.whitehouse.gov/omb/circulars/a102/aIO2.html. 38 KG065 (b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF —SAC) required by OMB Circular A-133. OMB Circular A-133 is available at http://www.whitehouse.gov/omb/circulars/al33/al33.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF —SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF —SAC. (c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year, the recipient must have a State single or project -specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended during its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. 39 KG065 PART III: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to the department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract (2 copies) B. Department of Children & Families( 1 electronic copy and management letter, if issued) Office of the Inspector General Single Audit Unit Building 5, Room 237 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Email address: single auditna,dcf.state. fl.us C. Reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at: hIU2://harvester.census.gov/fac/collect/ddeindex.html and other Federal agencies and pass -through entities in accordance with Sections .320(e) and (f), OMB Circular A-133, as revised. D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 Email address: flaudgen_localgovt@aud.state.fl.us Providers, when submitting audit report packages to the department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for -profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the department or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the department or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the department. 40 KG065 State of Florida PUR 1000 General Contract Conditions Contents 1. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. S. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 12. Installation. 13. Risk of Loss. 14. Transaction Fee. 15. Invoicing and Payment. 16. Taxes. 17. Governmental Restrictions. 18. Lobbying and Integrity. 19. Indemnification. 20. Limitation of Liability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Maj cure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29. Assignment. 30. Antitrust Assignment 31. Dispute Resolution. 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). PUR 1000 (10/06) 1 60A-1.002, F.A.C. 41. Products Available from the Blind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. 44. Waiver. 45. Annual Appropriations. 46. Execution in Counterparts. 47. Severability. 1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. PUR 1000 (10/06) 2 60A-1.002, F.A.C. 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to PUR 1000 (10l06) 3 60A-1.002, F.A.C. accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by PUR 1000 (10/06) 4 60A-1.002, F.A.C. Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may PUR 1000 (10/06) 5 60A-1.002, F.A.C. require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the PUR 1000 (10/06) 6 60A-1.002, F.A.C. General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non - infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the PUR 1000 (10/06) 7 60A-1.002, F.A.C. greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for PUR 1000 (10/06) 8 60A-1.002, F.A.C. failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. PUR 1000 (10/06) 9 60A-1.002, F.A.C. 26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. PUR 1000 (10/06) 10 60A-1.002, F.A.C. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. PUR 1000 (10/06) 11 60A-1.002, F.A.C. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 34.Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. PUR 1000 (10/06) 12 60A-1.002, F.A.C. 37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.or. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon PUR 1000 (10/06) 13 60A-1.002, F.A.C. mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. PUR 1000 (10/06) 14 60A-1.002, F.A.C. 'Contract #KG061 Amendment #0002 Date: 03/01/2010 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "department" and Monroe County, hereinafter referred to as the "provider," amends Contract #KG061. Page 24, Attachment I, Section D. Special Provisions, paragraph 7, is hereby added to read: 7. Support to the Deaf or Hard -of -Hearing a. The provider and its partners, subcontractors, and agents shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA). b. The provider shall, if the provider or any of its partners, subcontractors, or agents employs 15 or more employees, designate a Single -Point -of -Contact (one per firm) to ensure effective communication with deaf or hard -of -hearing customers or companions in accordance with Section 504 and the ADA. The name and contact information for the provider's Single -Point -of -Contact shall be furnished to the department's Contract Manager within 14 calendar days of the effective date of this requirement. c. The provider shall, within 30 days of the effective date of this requirement, contractually require that its partners, subcontractors and agents comply with section 504 and the ADA. A Single -Point -of -Contact shall be required for each partner, subcontractor or agent that employs 15 or more employees. This Single - Point -of -Contact will ensure effective communication with deaf or hard -of - hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the provider's Single -Point -of -Contact. d. The Single -Point -of -Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated compliance with Section 504 and the ADA. Further, employees of providers, its partners, subcontractors, and agents with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504 and the ADA. This attestation shall be maintained in the employee's personnel file. e. The provider's Single -Point -of -Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no -cost to the deaf or hard -of -hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately, but not later than March 12, 2010, with respect to current providers (partners, subcontractors, and agents). The approved Notice can be downloaded through the Internet at: hqp:;1/www.dcf. state. fl.us/adminjiWeivilrights.shtml. 'Contract #KG061 Amendment #0002 Date: 03/01/2010 f. The provider and its partners, subcontractors, and agents shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The provider shall submit Compliance Reports monthly, not later than the 15'h day of each month, to the department's Contract Manager. The provider shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. g. If customers or companions are referred to other agencies, the provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs. This amendment shall begin on March 1, 2010 or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their officials thereunto duly authorized. PROVIDER: MONROE COUNTY SIGNED BY: NAME: Sylvia Murphy TITLE: Mayor DATE: FEDERAL ID NUMBER: 59-600749 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED BY: NAME: Gilda Ferradaz TITLE: Circuit Administrator DATE: AS TO FORM SUFFICIENCY A. 11'V Counsel Date Contract #KG061 Amendment #0001 Date: June 30, 2009 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the Department" and Monroe County (in Home Services), hereinafter referred to as the "Provider," amends Contract # KG061. 1. Pages 1-7, Standard Contract, dated 0212008, are hereby deleted in their entirety and Pages 1-7, Standard Contract, dated 0412009, are Inserted In lieu thereof and attached hereto. 2. Pages 38-40, Attachment 11, dated 03/2008, are hereby deleted In their entirety and Pages 38-40, Revised Attachment II, dated 04/01/2009, are inserted in lieu thereof and attached hereto. This amendment shall begin on June 30, 2009 or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be Performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this ele to be executed by their officials thereunto duly authorized. ven page amendment PROVIDER: MONROE COUNTY SIGNED BY: NAME: George R. Nugent TITLE: Monroe County Mayor DATE: FEDERAL ID NUMBER: 59-6000749 Revised 5-24-07 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED BY: NAME: Giida P. Ferradaz TITLE: Circuit Administrator DATE: ROE CDUNTy0ATT NEY r�uHt3 J. k4EReA6 / Date�SISTA"i7,,CrIFJTYATTCRNSY 7/11/6, BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-16-2010 Division: _County Administrator Bulk Item: Yes _X_ No _ Department: Social Services/In-Home Services Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval of Amendment 006 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/l/09 to 6/30/10. ITEM BACKGROUND: Approval of Amendment #006 to CCE contract #KC-971 will increase the amount under contract by $8,195.00 from $511,160.00 to $519,355.00 PREVIOUS RELEVANT BOCC ACTION: Prior approval granted for Amendment #005 to CCE Contract #KC-971 on 2-17-10. CONTRACT/AGREEMENT CHANGES: Increase in funding in the amount of $8,195.00. STAFF RECOMMENDATIONS: Approval TOTAL COST: $519,355.00 INDIRECT COST: _-0-_BUDGETED: Yes X No COST TO COUNTY: Inkind (Space) Match of $35,401.00 SOURCE OF FUNDS: Grants No Cash Match is Required- an Inkind(Space) Match of $35,401.00 and co -Payment Match of $22,305.00 will be used for the $57,706.00 Total Match Commitment. REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH approx.$2 500.00 Year aaprox. $30 000.00 APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required. DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract Amendment 006 to contract # KC- 971 Effective Date: July 1, 2009 Expiration Date: June 30, 2010 Contract Purpose/Description: Approval of Amendment 006 to the Community Care for the Elderly (CCE) Contract #KC-971 will increase the amount under contract by $8,195.00 from $511,160.00 to $519,355.00 Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 6/16/2010 Agenda Deadline: 6/1/2010 CONTRACT COSTS Total Dollar Value of Contract: $519,355.00 Budgeted? Yes X No Account Codes: Grant: $5 19,3 55.00 (Fiscal Year) County Match: (Required) Inkind Match of $35,401.00 and Client Co -Pay Match of $22,305.00 will be used for the $57,706.00 Total Match Commitment I Estimated Ongoing Costs: $ (Not included in dollar value above) Current Year Portion: $ 125-6153809 - ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes Date Out Date In Neede viewe Division Director � Yes � No Risk Management �- Yes No O.M.B./Purchasing 5 [�S I (� Yes No aS County Attorney 5 �� Yes fN.\ Comments: nUR Fnvm D-r—A '1/1�/nl %irnn li-% Amendment 006 CONTRACT KC 971 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 by $ 8,195 from $511,160 to $ 519,355. 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 May 17, 2010 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. SIGNED BY: NAME: Sylvia J. Murphy Mayor TITLE: 6-16-2010 DATE: ALLIANCE FOR AGING, INC. SIGNED BY: NAME: Max B. Rothman, JD, LL.M. President & CEO TITLE: DATE: -7 S" 2a r� Amendment 005 CONTRACT KC 971 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 of the original contract and modified documents reference in the body of the 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, V and VI are integral to this Agreement b) Section II paragraph A of the original contract is modified to read: To pay for services according to the conditions of Attachment 1 in an amount not to exceed t 511,160 for the State Fiscal Year 2009-2010, subject to the availability of funds. c) Section III paragraph B of the original contract is modified to read: This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the Contractor or the representative of the contractor responsible for administration of the contract. Failure to have performed any contractual obligations with the Alliance in a manner satisfactory to the Alliance will be a sufficient cause for termination. To be terminated as a contractor under this provision, the contractor must have (1) previously failed to satisfactorily perform in a contract with the Alliance, been notified by the Alliance of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the Alliance; or (2) had a contract terminated by the Alliance for cause d) Section III paragraph C of the original contract is modified to read: The provider maintains responsibility for the performance of all sub providers and vendors in accordance with all applicable federal and state laws. e) Section III paragraph G 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. Amendment 005 CONTRACT KC 971 Page 2 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 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 ALLIANCE FOR AGING, INC. SIGNED BY: Commissioners. SIGNED BY: NAME: Sylvia J. Murphy Max B. Rothman, JD, LL.M. NAME: TITLE: Mayor President & CEO TITLE: 2-17-2010 DATE: DATE: RSSIST BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4-21-2010 Division: _County Administrator Bulk Item: Yes _X_ No — Department: Social Services/In-Home Services Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval of Amendment 001 to the Visiting Nurse Association (VNA) Contract (7/l/09 — 6/30/10) between Monroe County Board of County Commissioners (Social Services/In-Home Services) and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association ITEM BACKGROUND: Approval of this amendment will add verbiage stating that Visiting Nurse Association will support Deaf or Hard -of -Hearing clients in compliance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Visiting Nurse Association (VNA) Contract fy: 7-1-09 to 6-30-10 on June 17, 2009. CONTRACT/AGREEMENT CHANGES: This amendment will add the verbiage that VNA will assist in additional services in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35 at no cost to clients. STAFF RECOMMENDATIONS: Approval TOTAL COST: Approx. $355,000.00_INDIRECT COST: _-0-_BUDGETED: Yes X No COST TO COUNTY: $355,000.00 SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes N/ No AMOUNT PER MONTH Year APPROVED BY: County A ttY OMB/Purchasing --X_Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Dept. of Children & Families Contract # Amendment #O f for VNA Contract fy: 7-1-09 to 6-30-10 Effective Date: July 1, 2009 Expiration Date: June 30, 2010 Contract Purpose/Description: Approval of Amendment #001 to the Visiting Nurse Association (VNA) Contract fy: 7-1-09 to 6-30-10 will add the verbiage stating that VNA will aid in services to Deaf or Hard -of -Hearing clients at no cost to them. Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 6-16-2010 Agenda Deadline: 6-1-2010 CONTRACT COSTS Total Dollar Value of Contract: approx. $355,000.00 Current Year Portion: $ Budgeted? Yes X No Account Codes: 125-6153609_ Grant: 125-6153809_- County Match: N/A 125-6153110 - Estimated Ongoing Costs: $ (Not included in dollar value above) Date Division Director Risk Management O.M.B./Purc County Atto Comments: _125_-_6153709_- ADDITIONAL COSTS Syr For: OMR Farm x4r�D ui salaries. etc) CONTRACT REVIEW Changes Date Out Need eview r ��/ Yes 6No (cc, Yes Al VISITING NURSE ASSOCIATION AMENDMENT #001 CONTRACT - FY: 7-1-09 TO 6-30-10 THIS AMENDMENT, entered into between the Monroe County Board of County Commissioners (Social Services/In-Home Services Program) and Visiting Nurse Association (VNA), hereinafter referred to as the "contractor" amends the Visiting Nurse Association (VNA) contract for FY: 7-1-09 to 6-30-10. Support to the Deaf or Hard -of -Hearing a. The contractor shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the American with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA). b. The contractor shall if it employs 15 or more employees, designate a Single -Point -of - Contact (one per firm) to ensure effective communication with deaf or hard -of hearing clients or companions and/or caregivers in accordance with Section 504 and the ADA. The name and contact information for the contractor's Single -Point -of -Contact shall be furnished to Monroe County within 14 calendar days of the effective date of this requirement. c. The Single -Point -of -Contract shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated compliance with Section 504 and the ADA. Further, employees of the contractor shall attest in writing that they are familiar with the requirement of Section 504 and the ADA. This attestation shall be maintained in the employee's personnel file. d. The contractor's Single -Point -of -Contract will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no - cost to the deaf or hard -of -hearing clients or companions and/or caregivers are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately, but not later than June 30, 2010. The approved Notice can be downloaded through the Internet at: http://www.deLstate.fl-us/admin/i-,/civilrights.shtmi. e. The contractor shall document the customer's or companion and/or caregiver's preferred method of communication and any requested auxiliary aids/services provided in the client's record. Documentation, with supporting justification, must also be made if any request was not honored. The contractor shall submit Compliance Reports monthly, not later than the 10`h day of each month, to the Monroe County In -Home Services Coordinator. This amendment shall begin on June 16, 2010 or the date on which the amendment 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. This amendment and all its attachments are hereby made a part of the contract IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their officials there unto duly authorized. PROVIDER: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SIGNED BY: NAME: Sylvia J. Murphy TITLE: Mayor DATE: CONTRACTOR: VISITING NURSE ASSOCIATION SIGNED BY: NAME: � TITLE: ' DATE: CONTRACT THIS AGREEMENT, made and entered into this 18th day of June. 2008, A.D., by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the -Owner" or "County"), and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association , (hereinafter called the -Contractor"). WHEREAS, the County provides In -Home services to the elderly and disabled residing throughout Monroe County; and WHEREAS, the County receives funding from the Alliance for Aging, Inc., the Florida Department of Children and Families, and the Florida Agency for Health Care Administration for the purposes of providing in -home services countywide; and WHEREAS, the County has provided in -home services to assist the vulnerable elderly and/or disabled residents to remain in their homes and maintain independence for over 25 years; and WHEREAS, the County desires to contract for in -home services to ensure that such services are available throughout the County; and WHEREAS, Contractor is qualified and desires to provide in -home services; 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 Owner 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 the response to RFP and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2• SCOPE OF THE WORK The Contractor shall provide In -Home Services for the County. 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. The Contractor shall maintain adequate staffing levels to provide the services required under this contract. 3 B. The personnel shall not be employees of or have any contractual relationship with the County. [IF APPROPRIATE: To the extent that Contractor uses subcontractors or independent contractors, this contract specifically requires that the level of independence normally exercised by such subcontractors and independent contractors be curtailed and that they be supervised by the Contractor) C. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 3. PAYMENTS TO THE CONTRACTOR A. The Contractor shall submit to the county an invoice with supporting documentation acceptable to the Clerk on a weekly basis. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursement of funds. B. Upon Monroe County's receipt of said invoices Monroe County Clerk's Office shall submit payment to the Contractor no later than four weeks after receipt of invoice(s). 4. TERM OF CONTRACT The term of this contract is for one year, commencing on the 1st day of July ,_2009, and ending on the 30th day of June 2010. The County shall have the option to renew this agreement for two (2) additional one-year periods. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. 5. CONTRACTOR'S RESPONSIBILITIES A. The Contractor will perform only authorized in -home services in the homes of elderly and/or disabled residents in the Areas 1, 2, 3 and 4 for the unit rates) specified herein. Only those in -home services that are specifically authorized by the County as documented by the Social Services Department will be reimbursable. In -Home Services will be provided by the Contractor in accordance with DOEA definitions/specification, by agencies that hold necessary licenses, and by individual workers qualified to perform such services as detailed in Florida Department of Elder Affairs (DOER) 2008 Client Services Manual and the Home and Community Based Services, Draft handbook, January 2003, the State of FL Department of Children & Families (DCF) CFOP 140-8, Community Care for Disabled Adults (CCDA), and in accordance with the Agency for Health Care Administration (AHCA) guidelines as required and any subsequent modifications thereto. B. The in -home services Contractor will pWvide under these terms and conditions are X respite care, X homemaker, X personal care, X chore, _ _emergency home repair/housing improvement, and _material aid as defined by DOEA in the 2003 and 2008 handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. C. The Contractor will provide in -home services during the term of this contract for the unit rates as agreed upon and that follow: 20.00 unit for respite care, $20.00/unit for homemaker, $25.00/unit for personal care, $25.00/unit for chore, $ unit for emergency home repair/housing improvement, and � for material aid. A unit for each service is defined by DOEA in the 2003 and 2008 draft handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. The number of units of services performed for each client must be preauthorized by the County The Contractor will be reimbursed for all necessary travel for client's needs. This can include travel to and in between client homes, from V.N.A. offices, shopping for clients, etc. However, travel from worker's homes at the start of the work day and travel to worker's homes at the end of the work day will not be reimbursed. D. The Contractor will provide the in-service(s) detailed in "B" above for the unit rate agreed upon in "C" above in geographic Areas X 1, X2, X 3, and X 4 in order to ensure that in -home services are available countywide. E. The Contractor will in all cases provide in -home services within the timeframes required by DOEA as defined by DOEA in the 1998 and 2003 handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. The Contractor agrees that the County Administrator will designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations and other contract monitoring activities during the Contractor's normal business hours. F. 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. G. .The Contractor must maintain approval status from the Alliance for Aging, Inc., as a Medicaid Waiver Provider of Choice. 6. CONTRACTOR'S FINANCIAL 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 six years following the termination of this Agreement. If an auditor employed by the 2 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 The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere 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 "S" on tine arrached forms identified as INSCKLST 1-5, as further detailed on forms WC I, GLI, GIR 1, and VL', each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. 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. 9. 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 3 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. 10. 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. 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 of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973. as amended (20 USC s. 794). which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975. as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11 )Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. 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 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. 12. 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, 4 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. 13. DISCLOSURE AND CONFLICT OF 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. 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 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. 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 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. 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. 14. ARREARS 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. 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; 5 FOR COUNTY: Monroe County Administrator and County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, Fl. 33041-1026 FOR CONTRACTOR: Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association 1319 William Street Key West, FL 33040 16. 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. 17. TERMINATION 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. A. 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. 18. GOVERNING LAW VENUE INTERPRETATION COSTS AND FEES A. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. B. 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. C. 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. D. 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 6 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. 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. F. 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. G. 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. 19. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 20. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7 21. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 22. 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. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, not 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. 24. 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. 25. 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. 26. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of 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. 27. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 8 ! 28. 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. 29• MUTUAL REVIEW This agreement has been carefully reviewed by the Contractor and the County. Therefore, this agreement is not to be construed against any party on the basis of authorship. 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 Deputy Clerk (SEAL) Attest: WITNESS Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman HOSPICE OF THE FLORIDA KEYS, INC d/b/a VISITING NURSE ASSOCIATION Title: Title: WITNESS 9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-16-2010 Bulk Item: Yes _X No Division: County Administrator Department: Social Services/In-Home Services_ Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval of the Home Care for the Elderly (HCE) Contract KH-1072 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 7/1/10 to 6/30/11. ITEM BACKGROUND: Approval of the HCE Contract will enable Monroe County In -Home Services to continue providing services to Monroe County's elderly population under the Home Care for the Elderly Grant PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Home Care for the Elderly (HCE) Grant Contract #KH972 on 6-17-09. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATIONS: Approval TOTAL COST: $16,560.00 INDIRECT COST: -0- BUDGETED: Yes X No COST TO COUNTY: $0 (No Cash Match Required) SOURCE OF FUNDS: REVENUE PRODUCING: Yes o X AMOUNT PER MONTH Year _ APPROVED BY: County Atty L OMB/Purchasing X Risk Management _X DOCUMENTATION: DISPOSITION: Revised 1/09 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract # KH-1072 Effective Date: July 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Approval of the Home Care for the Elderly (HCE) Contract#KH-1072 will enable Monroe County In -Home Services to continue providing services to Monroe County's elderly population. Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 6/16/2010 Agenda Deadline: 6/1/2010 CONTRACT COSTS Total Dollar Value of Contract: $ I b i %l)"p6 Current Year Portion: $ Budgeted? Yes X No Account Codes: _125_Q- Grant:$16,560.00 (Fiscal Year) - - - - County Match: $0 (No Cash Match required) - - - - ADDITIONAL COSTS -Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) e . Maintenance, utilities, janitorial, salaries, etc) Division Director Risk Management OB./Purcllasing .M County Attorney Comments: See- D to In 5��5I�a V t*vvC�k CONTRACT REVIEW Changes Date Out evie r NeedfNo Yes Yes Yes Yes No ' � ' lf Yes o ,,+* OMB Form Revised 2/27/01 MCP #2 Contract Number KH 1072 Page 1 HOME CARE FOR THE ELDERLY CONTRACT 2010-2011 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, V, VI, VII, VIII and IX are integral to this Agreement I. Recipient Agrees: A. Services to be Provided: The recipient's service provider application for state fiscal year 2010, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, who are also enrolled in a Medicaid capitated long term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami -Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2010 and the 2009 Department of Elder Affairs Client Home And Community Based Services Handbook. In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. II. The Alliance Agrees: A. Contract Amount: To pay for Case Management and Case Aide services in an amount not to exceed $16,560, subject to the availability of funds. As a matter of reference, the Alliance projects to process and pay the basic subsidy to qualified caregivers participating in the HCE program of approximately $33,256. At the time of execution of this contract, no funds are projected to be available for Special Subsidy including, Specialized Medical Equipment and Supplies —Vendor (SCSV) and Specialized Medical Equipment and Supplies -Consumer reimbursement Contract Number KH 1072 Page 2 (SCSM). The Alliance will notify the recipient when funds become available for the provision of these services. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. Program Title Year Funding Source CSFA# Fund Amounts Home Care for the Elderly 2010 General Revenue 65001 $16,560 TOTAL FUNDS CONTAINED IN THIS CONTRACT: $16,560 III. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July1, 2010 or on the date the contract has been signed by both parties, whichever is earlier. 2. Delivery of services shall end on June 30, 2011. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Board of Commissioners. SIGNED BY: Sylvia J. Murphy NAME: Mayor TITLE: 6-16-2010 DATE: 2 ALLIANCE FOR AGING, INC. SIGNED BY: NAME: Max B. Rothman, JD, LL.M. TITLE: President & CEO DATE: Contract Number KH 1072 Page 3 ATTACHMENT HOME CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Home Care for the Elderly (HCE) Program encourages the provision of care in family - type living arrangements in private homes on a not for profit basis as an alternative to nursing home or other institutional care. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's July 2010 application, and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and any other areas that may participate in the Long Term Care Community Diversion Program through expansion and the Program of All Inclusive Care for the Elderly (PACE) program. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's July 2010 application and the 2009 Department of Elder Affairs Home and Community -Based Services Handbook. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed rate reimbursement for approved services. The recipient must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106H and 105H. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. B. Invoices must be submitted no later than 90 days after the end of the month on which the expense was incurred, except that invoices can not be submitted after close out report date (usually July 15th.) Invoices submitted late will not paid. Exceptions to this 3 Contract Number KH 1072 Page 4 rule are at the discretion of the Alliance, on a case by case basis; such exceptions must be requested prior to the expiration of the invoicing deadline. In making a determination of the exception the Alliance will consider whether the disruption to the billing cycle was beyond the control of the provider, the frequency with which such exceptions are requested by the provider, and whether the Alliance can request reimbursement at a late date from DOEA. C. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon req uest. D. The recipient may request a monthly advance for service costs based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the nine months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT II to this contract. Reconciliation and recouping of advances made under this contract are to be completed by February & March 2011 reports. All advance payments are subject to the availability of funds. E. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance at the end of the first quarter of the contract period. F. Contingent upon the recipient's ability to maintain program expenditures within the assigned quarterly allocations and the availability of funds, the Alliance shall make payment to the provider for provision of services at the rate(s) stated below: SERVICE TO BE PROVIDED UNIT MAXIMUM MAXIMUM RATE UNITS DOLLARS Case Management $47.86 346 $16,560 G. 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 recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. REPORTING: The provider need to provide the Alliance with an expenditure plan by July 15 or two weeks after contract has been signed, a monthly update due on the 21 of each following month. The expenditure plan and updates must follow the format provided by the Alliance. V. SPECIAL PROVISIONS A. State Laws and Regulations: 4 Contract Number KH 1072 Page 5 1. The recipient agrees to comply with applicable parts of Rule Chapter 58H-1, Florida Administrative Code promulgated for administration of Sections 430.601 through 430.608, Florida Statutes, and the 2009 Department of Elder Affairs Home and Community Based Services Handbook. 2. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a) Individuals in nursing homes under Medicaid who could be transferred to the community; b) Individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c) Individuals in nursing homes which are closing and can be discharged to the community; or d) Individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. 2. Priority Criteria for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's consumer assessment form administered to each applicant. The most frail individuals not prioritized in groups one, two or three above, regardless of referral source, will receive services to the extent funding is available. C. Consumer Information, Registration and Tracking System (CIRTS): 1. The recipient will ensure the collection and maintenance of Home Care for the Elderly (HCE) subsidies and case management information on a monthly basis from the Consumer Information, Registration and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to department standards. 2. The recipient must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month. Case 5 Contract Number KH 1072 Page 6 management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month or case management units of service may be entered according to the recipient schedule, in aggregate on the 31 st or daily, weekly or monthly. 3. The recipient will ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is run. 4. The recipient will ensure the Monthly Utilization Report, by consumer and by worker identification is verified, corrected, certified no later than the 20th of the month in which the report is generated. 5. The recipient will ensure caregivers determined eligible for the HCE basic subsidy after the 15th of a month, will be processed to begin eligibility for the HCE basic subsidy on the 1st day of the next month. 6. The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. 7. The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. C: Contract Number KH 1072 Page 7 ATTACHMENT 11 HOME CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Report Submit To Number Based On The Alliance On This Date 1 July Advance *......................................................... July 2 August Advance *........................................................ July 3 July Expenditure Report ................................................. August 15 4 August Expenditure Report ............................................. September 15 5 September Expenditure Report ........................................ October 15 6 October Expenditure Report ............................................ November 15 7 November Expenditure Report .......................................... December 15 8 December Expenditure Report ......................................... January 15 9 January Expenditure Report ............................................ February 15 10 February Expenditure Report/July Advance Reconciliation**... March 15 11 March Expenditure Report /August Advance Reconciliation**. April 15 12 April Expenditure Report ................................................. May 15 13 May Expenditure Report ................................................... June 15 14 June Expenditure Report .................................................. July 15 15 Final Expenditure and Closeout Report ................. July 20 Legend * Advance based on projected cash need. ** Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the department, payment is to accompany the report. Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. Note # 2: The last two months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the two months of the contract. 7 Contract Number KH 1072 Page 8 ATTACHMENT III REFERRAL PROTOCOL Issue: Screening, Triage, and Referral for Activation under the Community Care for the Elderly/Home Care for the Elderly Programs and for the Aging & Disabled Adults and the Assisted Living for the Elderly Medicaid Waivers. Policy: Referrals will be based on availability of funds, in accordance with prioritization requirements. Purpose: To ensure funding is spent expeditiously and consumers are referred into programs for appropriate services. Procedure for Monroe County: Roles and Responsibilities A. Alliance for Aging / Aging Resource Center ➢ Monitors overall program and Lead Agency specific spending levels on a monthly basis to ensure the Lead Agency is operating within the funding allocation. ➢ Determines the number of cases for activation based on projected funding available. ➢ Screens consumers to link with appropriate resources and prioritize for DOEA-funded programs and services. ➢ Recommends potential cases for activation based upon projected funding available by Lead Agency. ➢ Selects consumers from the waiting list based on their prioritization score. ➢ Refers consumers from the waiting list to the Lead Agency in Monroe County for activation, based on availability of funds. ➢ Monitors compliance with service standards and outcome measures. ➢ Reviews care plans and files per the File Review Policies and Procedures. ➢ Reviews data in CIRTS. B. Case Management Agency ➢ Accepts referrals from the Aging Resource Center. ➢ Refers inquiries from consumers interested in services to the ARC for Information and Referral to community resources, Screening, Triage, and Long -Term Care Options Counseling, as appropriate. ➢ Through outsourcing, the functions of Screening and Intake may also be completed by the Lead Agency. ➢ Completes comprehensive assessments on new consumers and annual reassessment on existing consumers and develops care plans and reviews care plans semi-annually. ➢ Authorizes service delivery and enters data into CIRTS. ➢ Screens consumers for Medicaid Waiver eligibility. ➢ Bills in CIRTS and Medicaid as appropriate. ➢ Monitors care plans in an effort to keep costs down while sustaining the individuals in the community. Management of the Assessed Prioritized Consumer List (APCL). A. Referrals to the ARC are routed to the Information and Referral Specialists or Intake Unit staff depending on the type of referral. Clients are provided information on community resources and programs available including private pay options. Persons are directed to those resources most 8 Contract Number KH 1072 Page 9 capable of meeting the need they have expressed to ARC staff. Cases presenting strong identifiers that indicate the consumer might benefit from publicly funded long term care services are screened, entered into CIRTS, triaged and provided options counseling. Through outsourcing, the functions of Screening and Intake may also be performed by the Lead Agency. DOEA prioritization requirements will be adhered to by both entities, as follows: APS High Risk Referrals (See section B) 2. Imminent Risk cases will be prioritized for activation after APS High Risk Referrals have been served. If budgetary constraints prevent opening new cases, clients will be placed on the APCL. ARC staff will contact the client on a monthly basis to determine if there has been a change in the client's situation. 3. All other CARES referrals will be screened and prioritized in accordance with DOEA requirements. 4. Aging Out consumers will be referred by DCF for prioritization and/or activation in the corresponding aged program managed by the Alliance, as appropriate (See section IV). 5. Consumers applying for the Community Care for the Elderly (CCE) and/or Home Care for the Elderly (HCE) programs will be contacted and screened using the statewide assessment form developed by the Department of Elder Affairs for this purpose (Form 701A). If a consumer is being served through a DOEA-funded agency which enters their annual assessment into CIRTS, the Priority Score generated by that assessment will determine their ranking on the APCL. 6. Consumers referred for inclusion under the Assisted Living for the Elderly (ALE) Medicaid Waiver APCL will be interviewed and screened using the 701A form. 7. Consumers referred for inclusion under the Aging and Disabled Adult (ADA) Medicaid Waiver APCL will be contacted and screened following the same procedure as the one described under Section 5. Individuals who appear as potentially eligible for other types of public assistance will be referred to the Economic Self - Sufficiency Unit at the Department of Children and Families. 8. All other referrals will be waitlisted and prioritized, during which time other community resources will be researched, including private pay/fee for services providers. Consumers on the waiting lists will be reassessed according to Department requirements (NOI #062906-1-1-OVCS 6/29/2006). B. HIPAA forms will be sent to the consumer as appropriate. I11. Opening New Cases A. CCE/ADA/ALE/HCE Clients The Fiscal Department will monitor Lead Agency specific spending levels on a monthly basis to ensure each Lead Agency is operating within its quarterly funding allocation and/or spending authority. In addition, the department will do cost projections, and share the information with the Surplus/Deficit review committee to determine slot availability. The ARC and the Quality Assurance Department will be notified when funding is available and the number of new cases to be activated by Lead Agency. 9 Contract Number KH 1072 Page 10 2. Upon notification from the Vice President for Finance of funding availability, the Aging Resource Center Intake Unit Supervisor will run the Prioritized Risk Report to identify the consumers on the APCL to be opened. 3. Based on available funding, the ARC Intake Unit Supervisor will refer wait listed clients to the Lead Agency for activation, in accordance with prioritization requirements. The Lead Agency will update the wait list enrollment using the appropriate code to terminate from the APCL. B. APS Referrals APS Low and Intermediate Risk referrals will be screened and prioritized for services as per the DOEA/APS Memorandum of Understanding. Low and Intermediate Risk referrals are also offered information and referral to additional community resources, including private pay as appropriate. 2. APS High Risk Referrals are not waitlisted. They are immediately referred for service from DCF in Monroe County to the Lead Agency. ARTT referrals will be forwarded directly the Lead Agency. APS cases are to be served for a maximum of 31 calendar days. If additional time is justified, the case management agency will staff the case with the Alliance to obtain the extension needed. 3. Upon receipt of the APS referral, the Lead Agency will coordinate services to begin within the 72 hour period mandated by statute. A comprehensive assessment will be done within 72 hours of the referral. Services required under the care plan will remain in place for a maximum of 31 days, unless an extension has been granted. 4. The Lead Agency will enter ACTV enrollment under their provider number in CIRTS. In addition, service codes will be entered by service date for all services provided. If a service(s) is not provided as required under the care plan, an NDP code will need to be entered in CIRTS and the case notes under the client file should document the reason for non -delivery of such service(s). IV. Aging Out Consumers: A. All "Aging Out" consumers will be referred by DCF for activation in the corresponding aged program managed by the Alliance. B. Consumers active in the CCDA and HCDA programs that are turning 60 and are eligible for CCE and/or HCE will be opened in the corresponding aged program managed by the Alliance if funding is available. If funding is available, these consumers will be made active. If funding is not available, they will be waitlisted for these programs but will be given priority for activation once funding is available. C. Consumers active in the ADA Medicaid Waiver, upon turning age 60, will continue to be eligible for and receive ADA Medicaid waiver services. 10 Contract Number KH 1072 Page 11 Note: These ARC policies and procedures are subject to change. Any modifications will be done through a contract amendment. 11 Contract Number KH 1072 Page 12 ATTACHMENT IV CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2)If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all subproviders shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $10 0000.00 foV each such failure. Signature F'r odorirk uTTF KTT 1 972 Name of Authorized Individual Application or Agreement Number Monroe County Roard of County Commissioners Name and Address of Organization 11 00 Simonton Street Key West, FL 33040 12 Contract Number KH 1072 Page 13 ATTACHMENT V FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Alliance of Elder Affairs to the provider may be subject to audits and/or monitoring by the Alliance of Elder Affairs, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the Alliance staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Alliance for Aging. In the event the Alliance for Aging determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Alliance to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by any level of government. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the provider expends $500,000.00 or more in Federal awards during its fiscal year, the provider must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Alliance of Elder Affairs by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal resources received from the Alliance of Elder Affairs. 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 provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the provider expends less than $500,000.00 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 provider expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal entities.) An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance of Elder Affairs shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance of Elder Affairs shall be fully disclosed in the audit report with reference to the Alliance of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify 13 Contract Number KH 1072 Page 14 expenditures by agreement number for each agreement with the Alliance of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. As an Alliance requirement the Statement of Functional Expenses need to be part of the Financial and Compliance Audit Report. PART II: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Alliance of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Alliance of Elder Affairs by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Alliance of Elder Affairs, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the provider expends less than $500,000.00 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Alliance of Elder Affairs shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Alliance of Elder Affairs shall be fully disclosed in the audit report with reference to the Alliance of Elder Affairs agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Alliance of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for -profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Alliance of Elder 14 Contract Number KH 1072 Page 15 Affairs retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. As an Alliance requirement the Statement of Functional Expenses need to be part of the Financial and Compliance Audit Report. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directly to each of the following: The Alliance for Aging, Inc. at the following address: Alliance for Aging, Inc. Attn: Carlos Lahitte 760 NW 107th Ave. Suite 214 Miami, FL 33172-3155 15 Contract Number KH 1072 Page 16 ATTACHMENT V EXHIBIT-2 PART I: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part H of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be: _ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. X Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S. NOTE: If a provider is determined to be a recipient / subrecipient of federal and or state financial assistance and has been approved by the Alliance to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I- .006(2), FAC [state financial assistance] and Section _ .400 OMB Circular A-133 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW- 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)* OMB Circular A-102 — Administrative Requirements OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR Part 230 Cost Principles for Non -Profit Organizations (Formerly OMB Circular A-122 - Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-110 - Administrative Requirements) Requirements) OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW- W. Contract Number KH 1072 Page 17 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21- Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A -I 10 - Administrative Requirements) OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix 1. STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 691-5, Fla. Admire Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations 17 Contract Number KH 1072 Page 18 ATTACHMENT VI CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the provider named in the contract or agreement to which this form is an attachment, hereby certifies that: (1)The provider and any sub -providers of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant- funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2)Management Information Systems used by the provider, sub-provider(s), or any outside entity on which the provider is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non -compliant, provider(s) will take immediate action to assure data integrity. (3)If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the provider (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the provider agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The provider and any sub-provider(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The provider shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub -providers shall certify compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Part 215 (formerly OMB Circular A-110). Monroe_-Cty Board—ofr-county commissioners (-Iq`a�me nd dr s of Provi er 1100 Simonton St. Key West, FL33040 ( - - Asst.___Co_.nty_ kdmins_tratQr--- Signature Title Date Debbie Frederick Name of Authorized Signer (Revised June 2008) MI Contract Number KH 1072 Page 19 ATTACHMENT VII CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS (1)The prospective provider certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Alliance or agency. (2)Where the prospective provider is unable to certify to any of the statements in this certification, such pros five parti pant shall attach an explanation to this certification. Signature Date Monroe County Board of Asst. County Adminstrator -Cou s-i-cyne 's Title Agency/Organization (Certification signature should be same as Contract signature.) Instructions for Certification l.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and 'voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Order 12549. (2 CFR 180.5- 180.1020, as supplemented by 2 CFR 376.10-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. 2.This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the provider knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Alliance may pursue available remedies, including suspension and/or debarment. 3.The provider will provide immediate written notice to the Contract Manager if at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The provider may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). 4.The provider will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. 5.The provider agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation; unless otherwise authorized by the federal government. 6.If the provider 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 Alliance may pursue available remedies, including suspension, and/or debarment. ,.The provider may rely upon a certification of a prospective participant hi a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. r.revised June 2WS) We Contract Number KH 1072 Page 20 ATTACHMENT VIII ASSURANCES —NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of i4ormation. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducingg this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. I .Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2.Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C..1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C..794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g). 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.. 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrununation statute(s) which may apply to the application. 7.Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C..1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C..276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), 20 Contract Number KH 1072 Page 21 regarding labor standards for federally assisted construction subagreements. 10.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO)11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C..1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C..7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 components of the national wild and scenic rivers system (16 U.S.C.1721 et seq.) related to protecting components or potential 13.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C..470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C..469a-1 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C..4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE j I Assistant County Administrator APPLICANT ORGANIZATION DATE SUBMITTED Monroe County Board of County Commissioners 6-16-2010 21 Contract Number KH 1072 Page 22 ATTACHMENT DC crr- A,rr nr s: r nT2 Tn A A T T T A NC'F C)F R DF,R AFFAIRS v y CIVIL RIGHTS COMPLIANCE CHECKLIST Program/Facility Name Monroe County Board of County Commissioners County Monroe Provider Monroe County In - Home Services Address 1100 Simonton Street Completed By Dotti Albury City, State, Zip Code Key West, FL 33040 Date 5-17-10 Telephone 305-292.4W PART I. READ THE ATTACHED INSTRUCHON5rUKILLUSitcviivnuNrviivitti.Lvi-4VVI �=.._.. THE COMPUMON OF THIS FORM. 1. Briefly describe the geographic area served by the program/facility and the type of service provided: The entire Florida Keys (Monroe County, approximately 120 miles) which are considered rural with some urban characteristics. Services we provide are Case Management, Home Delivered Meals, Homemaking, Personal Care and Respite 2 POPULATION OF AREA SERVED. Source of data: 2006 Census from the U. S. Census Bureau -T- Total# % White %Black % Hispanic % Other % Female 3. STAFF CURRENTLY EMPLOYED. Effective date: Total# % White % Black % Hispanic % Other % Female % Disabled 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective date: FTotal# % White T-01,Black % Hispanic % Other % Female % Disabled % Over 40 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE. Total # % White % Black % Hispanic % Other % Female %Disabled PART M USE A SEPARATE SHEET OF PAPER FOR ANY OM ANATIONS REQUIRING MORE SPACE 6. Is an Assurance of Compliance on file with the Alliance? If NA or NO explain NA YES NO YES 7. Compare the staff composition to the population. Is staff representative of the population? If NA or NO, explain. NA YES NO YES 8. Compare the client composition to the population. Are race and sex characteristics representative of the Population? If NA or NO, explain. NA YES NO YES 22 9. Are eligibility requirements for services applied to clients and applicants without regard to race, color, national origin, sex, age, religion or disability? If NA or NO, explain. NA YES NO YES 10. Are all benefits, services and facilities available to applicants and participants in an equally effective manner regardless of race, sex, color, age, national origin, religion or disability? If NA or NO, explain. NA YES NO YES 11. For in -patient services are room assignments made without regard to race, color, national origin or disability? If NA or f10, explain NA YES NO N/A - WE SERVICE CLIENTS IN THEIR OWN HOMES 12. Is the program/facility accessible to non-English speaking clients? If NA or NO, explain. NA YES NO YES 13. Are employees a plicants and participants informed of their protection against tion discrimina? Ifpyes, how? Verbal J Written ✓ Poster ✓ If NA or NO, explain. C 14. Give the number and current status of any discrimination complaints regarding services or employment filed against the program/facility. ZERO 23 Contract Number KH 1072 Page 24 15. Is the proam/facility physically accessible to mobility, hearing, and sight -impaired individuals? _ gr If NA or , explain NA YES NO PART III. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES YES NO 16. individuals, duals, and toomake any necessary conductedmodifications? If NO texplaain. YESabled 0 El 17. Is there and established grievance procedure that incorporates due process in the resolution of complaints? If NO, explain. YES ❑ ❑ YES 18. Has a person been designated to coordinate Section 504 compliance activities? If YES NO NO, explain. YES 19. Do recruitment and notification materials advise applicants, em loyees and TES cipants of nondiscrimination on the basis of disability? If Np0, explain. YES NO 0 24 20. Are auxiliary aids available to assure accessibili of services to hearing and sight impaired individuals? If NO, explain. YE PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF $50,000 OR MORE. 21. Do you have a written affirmative action plan? If NO, explain. YES YES N0 DOEA USE ONLY Reviewed By Incompliance: YES ❑ NO* Program Office *Notice of Corrective Action Sent Date Telephone Response Due On -Site n Desk Review n Response Received DOEA Form 101-A, Revised May 2008 Page 2 of 2 ATTACHMENT IX INSTRUCTIONS FOR THE CIVIL RIGHTS COMPLIANCE CHECKLIST 1.Describe the geographic service area such as a district, county, city or other locality. If the program/ facility serves a specific target population such as adolescents, describe the target population. Also, define the type of service provided. 2.Enter the percent of the population served by race and sex. The population served includes persons in the geographical area for which services are provided such as a city, county or other regional area. Population statistics can be obtained from local chambers of commerce, libraries, or any publication from the 1980 Census containing Florida population statistics. Include the source of your population statistics. ("Other" races include Asian/Pacific Islanders and American Indian/Alaskan Natives.) 3.Enter the total number of full-time staff and their percent by race, sex and disability. Include the effective date of your summary. 4.Enter the total number of clients who are enrolled, registered or currently served by the program or facility, and list their percent by race, sex and disability. Include the date that enrollment was counted. 5. Enter the total number of advisory board members and their percent by race, sex, and disability. If there is no advisory or governing board, leave this section blank. 25 CONTRACT KH 1071 Page 26 standard part of the contract language for DOEA recipients and their sub -grantees, 45 CFR 80.4 (a). 7.1s the race, sex, and national origin of the staff reflective of the general population? For example, if 10% of the population is Hispanic, is there a comparable percentage of Hispanic staff? 8.Where there is a significant variation between the race, sex or ethnic composition of the clients and their availability in the population, the program/facility has the responsibility to determine the reasons for such variation and take whatever action may be necessary to correct any discrimination. Some legitimate disparities may exist when programs are sanctioned to serve target populations such as elderly or disabled persons, 45 CFR 80.3 (b) (6). 9. Do eligibility requirements unlawfully exclude persons in protected groups from the provision of services or employment? Evidence of such may be indicated in staff and client representation (Questions 3 and 4) and also through on -site record analysis of persons who applied but were denied services or employment, 45 CFR 80.3 (a) and45CFR80.1(b) (2). 1O.Participants or clients must be provided services such as medical, nursing and dental care, laboratory services, physical and recreational therapies, counseling and social services without regard to race, sex, color, national origin, religion, age or disability. Courtesy titles, appointment scheduling and accuracy of record keeping must be applied uniformly and without regard to race, sex, color, national origin, religion, age or disability. Entrances, waiting rooms, reception areas, restrooms and other facilities must also be equally available to all clients, 45 CFR 80.3 (b). 11.For in -patient services, residents must be assigned to rooms, wards, etc., without regard to race, color, national origin or disability. Also, residents must not be asked whether they are willing to share accommodations with persons of a different race, color, national origin, or disability, 45 CFR 80.3 (a). 12.The program/facility and all services must be accessible to participants and applicants, including those persons who may not speak English. In geographic areas where a significant population of non- English speaking people live, program accessibility may include the employment of bilingual staff. In other areas, it is sufficient to have a policy or plan for service, such as a current list of names and telephone numbers of bilingual individuals who will assist in the provision of services, 45 CFR 80.3 (a). 13.Programs/facilities must make information regarding the nondiscriminatory provisions of Title VI available to their participants, beneficiaries or any other interested parties. This should include information on their right to file a complaint of discrimination with either the Florida Alliance of Elder Affairs or the U.S. Alliance of HHS. The information may be supplied verbally or in writing to every individual, or may be supplied through the use of an equal opportunity policy poster displayed in a public area of the facility, 45 CFR 80.6 (d). 14.Report number of discrimination complaints filed against the program/facility. Indicate the basis, e.g., race, color, creed, sex, age, national origin, disability, retaliation; the issues involved, e.g., services or employment, placement, termination, etc. Indicate the civil rights law or policy alleged to have been violated along with the name and address of the local, state or federal agency with whom the complaint has been filed. Indicate the current status, e.g., settled, no reasonable cause found, failure to conciliate, failure to cooperate, under review, etc. 15.The program/facility must be physically accessible to disabled individuals. Physical accessibility includes designated parking areas, curb cuts or level approaches, ramps and adequate widths to entrances. The lobby, public telephone, restroom facilities, water fountains, 26 CONTRACT KH 1071 Page 27 information and admissions offices should be accessible. Door widths and traffic areas of administrative offices, cafeterias, restrooms, recreation areas, counters and serving lines should be observed for accessibility. Elevators should be observed for door width, and Braille or raised numbers. Switches and controls for light, heat, ventilation, fire alarms, and other essentials should be installed at an appropriate height for mobility impaired individuals. 16.Section 504 of the Rehabilitation Act of 1973 requires that a recipient of federal financial assistance conduct a self -evaluation to identify any accessibility barriers. Self -evaluation is a four step process: -With the assistance of a disabled individual/organization, evaluate current practices and policies which do not comply with Section 504. -Modify policies and practices that do not meet Section 504 requirements. -Take remedial steps to eliminate any discrimination that has been identified. -Maintain self -evaluation on file. (This checklist may be used to satisfy this requirement if these four steps have been followed.), 45 CFR 84.6. 17.Programs or facilities that employ 15 or more persons must adopt grievance procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.45 CFR 84.7 (b). 18.Programs or facilities that employ 15 or more persons must designate at least one person to coordinate efforts to comply with Section 504.45 CFR 84.7 (a). 19.Continuing steps must be taken to notify employees and the public of the program/facility's policy of nondiscrimination on the basis of disability. This includes recruitment material, notices for hearings, newspaper ads, and other appropriate written communication, 45 CFR 84.8 (a). 20.Programs/facilities that employ 15 or more persons must provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills where necessary. Auxiliary aids may include, but are not limited to, interpreters for hearing impaired individuals, taped or Braille materials, or any alternative resources that can be used to provide equally effective services, (45 CFR 84.52 (d). 2 1.Programs/ facilities with 50 or more employees and $50,000 in federal contracts must develop, implement and maintain a written affirmative action compliance program in accordance with Executive Order 11246.41 CFR 60 and Title VI of the Civil Rights Act of 1964, as amended. 27 Contract Number KH 972 Page 1 HOME CARE FOR THE ELDERLY CONTRACT 2009-2010 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 "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the Alliance and the Recipient, Agreement No. PA829, and its successor, incorporated herein by reference. Attachment 1, II, 111, IV and V are integral to this Agreement. I. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement and included in the Service Provider Application (SPA) submitted in response to the March 2008 CCE/Lead Agency RFP. The recipient will not be allowed to provide services that are not included in the SPA submitted in response to the March 2008 CCE/Lead Agency RFP and included related Unit Cost Methodology submitted as an integral part of the RFP application. In the event of the conflict between the Service Provider Application and this contract, the contract controls. Additionally, the recipient is subject to the Referral Protocol and ARC Outsourced Functions included in Attachment III and ARC Outsourced Functions Policies and Procedures outlined in Attachment IV 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, who are also enrolled in a Medicaid capitated long term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and the Program of All Inclusive Care for the Elderly (PACE) program scheduled to begin operation in the Miami - Dade County area. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2009 and the Department of Elder Affairs Client Home And Community Based Services Handbook dated 01/03 In the event the manual is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. ll. The Alliance Agrees: A. Contract Amount: To pay for services in an amount not to exceed 12 112.00, subject to the availability of funds. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. B. Source of Funds: Contract Number KH 972 Page 2 The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations. Ill. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on July 1, 2009 or on the date the contract has been signed by both parties, whichever is earlier. 2. Delivery of services shall end on June 30, 2010. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. PROVIDER: SIGNED BY: NAME: TITLE: Monroe County Board of Commissioners SIGNED BY: George Neugent NAME: Mayor TITLE: DATE: 6-17-09 K I7 04 ALLIANCE FOR AGING, INC. Max B. Rothman, JD, LL.M. President & CEO Contract Number KH 972 Page 3 ATTACHMENTI HOME CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Home Care for the Elderly (HCE) Program encourages the provision of care in family -type living arrangements in private homes on a not for profit basis as an alternative to nursing home or other institutional care. 11. SERVICES TO BE PROVIDED A. Services: 1. The recipient's July 2009 application and any revisions thereto approved by the Alliance and located in the contract manager's file, are incorporated by reference in this contract between the Alliance and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, who are also enrolled in a Medicaid capitated long-term care health plan or program. These programs include the Frail Elder Program operated by United Health Care, the Channeling Program operated by Miami Jewish Home and Hospital for the Aged, the Long Term Care Community Diversion Program and any other areas that may participate in the Long Term Care Community Diversion Program through expansion and the Program of All Inclusive Care for the Elderly (PACE) program. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's July 2009 application and the Department of Elder Affairs Home and Community -Based Services Handbook dated 01/03. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this contract is based on a fixed rate reimbursement for approved services. The recipient must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. All requests for payment and expenditure reports submitted to support requests for payment shall be on DOEA forms 106H and 105H. Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on department forms. B. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs, or the Alliance upon request. C. The recipient may request a monthly advance for service costs based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed contract, approved by the Alliance, and maintained in the contract manager's file. All payment requests for the third through the nine months shall be based on the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT It to this contract. Reconciliation and recouping of advances made under this contract are to be completed by May & June 2009 reports. All advance payments are subject to the availability of funds. 3 Contract Number KH 972 Page 4 D. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on contract fund advances must be returned to the Alliance at the end of the first quarter of the contract period. E. Contingent upon the recipient's ability to maintain program expenditures within the assigned quarterly allocations and the availability of funds, the Alliance shall make payment to the provider for provision of services at the rate(s) stated below: SERVICE TO BE PROVIDED UNIT MAXIMUM MAXIMUM RATE UNITS DOLLARS Case Management $47.86 253 $12,112 F. 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 recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulations: 1. The recipient agrees to comply with applicable parts of Rule Chapter 58H-1, Florida Administrative Code promulgated for administration of Sections 430.601 through 430.608, Florida Statutes, and the Department of Elder Affairs Home and Community Based Services Handbook dated 01/03. 2. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the Department of Elder Affairs to remove existing clients from any program in order to serve new clients being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a) individuals in nursing homes under Medicaid who could be transferred to the community; b) individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c) individuals in nursing homes which are closing and can be discharged to the community; or d) individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver and institutional placement will occur within 72 hours. 2. Priority Criteria for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the department's 4 CONTRACT KH 972 Page 5 consumer assessment form administered to each applicant. The most frail individuals not prioritized in groups one, two or three above, regardless of referral source, will receive services to the extent funding is available. C. Consumer Information, Registration and Tracking System (CIRTS): 1. The recipient will ensure the collection and maintenance of Home Care for the Elderly (HCE) subsidies and case management information on a monthly basis from the Consumer Information, Registration and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to department standards. The recipient must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month. Case management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month or case management units of service may be entered according to the recipient schedule, in aggregate on the 31st or daily, weekly or monthly. 3. The recipient will ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is run. 4. The recipient will ensure the Monthly Utilization Report, by consumer and by worker identification is verified, corrected, certified no later than the 20th of the month in which the report is generated. 5. The recipient will ensure caregivers determined eligible for the HCE basic subsidy after the 15th of a month, will be processed to begin eligibility for the HCE basic subsidy on the 1st day of the next month. 6. The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. 7. The Alliance will reconcile and verify the CIRTS data prior to payment for HCE basic and special subsidies and case management. 5 CONTRACT KH 972 Page 6 ATTACHMENT 11 HOME CARE FOR THE ELDERLY PROGRAM CONTRACT REPORT CALENDAR Report Submit To Number Based On The Alliance On This Date 1 July Advance *............................................................. July 1 2 August Advance **........................................................ July 1 3 July Expenditure Report ................................................. August 15 4 August Expenditure Report ............................................. September 15 5 September Expenditure Report ........................................ October 15 6 October Expenditure Report ............................................ November 15 7 November Expenditure Report ......................................... December 15 8 December Expenditure Report ......................................... January 15 9 January Expenditure Report ............................................ February 15 10 February Expenditure Report ........................................... March 15 11 March Expenditure Report ............................................... April 15 12 April Expenditure Report ................................................. May 15 13 May Expenditure Report ................................................. June 15 14 June Expenditure Report ................................................. July 15 15 Final Expenditure and Closeout Report July 15 Legend Advance based on projected cash need. ** Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the department, payment is to accompany the report. Note # 1: Report #1 for Advance Basis Contracts cannot be submitted to the Alliance prior to July 1 or until the contract with the Alliance has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. Note # 2: The last two months of the recipient's fiscal reports covering actual expenditures should reflect an adjustment repaying advances for the two months of the contract. CONTRACT KH 972 Page 7 ATTACHMENT III REFERRAL PROTOCOL Issue: Screening, Triage, and Referral for Activation under the Community Care for the Elderly/Home Care for the Elderly Programs and for the Aging & Disabled Adults and the Assisted Living for the Elderly Medicaid Waivers. Policy: Referrals will be based on availability of funds, in accordance with prioritization requirements. Purpose: To ensure funding is spent expeditiously and consumers are referred into programs for appropriate services. Procedure for Monroe County: Roles and Responsibilities A. Alliance for Aging / Aging Resource Center ➢ Monitors overall program and Lead Agency specific spending levels on a monthly basis to ensure the Lead Agency is operating within the funding allocation. ➢ Determines the number of cases for activation based on projected funding available. ➢ Screens consumers to link with appropriate resources and prioritize for DOEA-funded programs and services. ➢ Recommends potential cases for activation based upon projected funding available by Lead Agency. ➢ Selects consumers from the waiting list based on their prioritization score. ➢ Refers consumers from the waiting list to the Lead Agency in Monroe County for activation, based on availability of funds. ➢ Monitors compliance with service standards and outcome measures. ➢ Reviews care plans and files per the File Review Policies and Procedures. ➢ Reviews data in CIRTS. B. Case Management Agency Accepts referrals from the Aging Resource Center. ➢ Refers inquiries from consumers interested in services to the ARC for Information and Referral to community resources, Screening, Triage, and Long -Term Care Options Counseling, as appropriate. Through outsourcing, the functions of Screening and Intake may also be completed by the Lead Agency. Completes comprehensive assessments on new consumers and annual reassessment on existing consumers and develops care plans and reviews care plans semi-annually. ➢ Authorizes service delivery and enters data into CIRTS. ➢ Screens consumers for Medicaid Waiver eligibility. Bills in CIRTS and Medicaid as appropriate. ➢ Monitors care plans in an effort to keep costs down while sustaining the individuals in the community. Management of the Assessed Prioritized Consumer List (APCL). A. Referrals to the ARC are routed to the Information and Referral Specialists or Intake Unit staff depending on the type of referral. Clients are provided information on community resources and programs available including private pay options. Persons are directed to those resources most capable of meeting the need they have expressed to ARC staff. Cases presenting strong identifiers that indicate the consumer might benefit from publicly funded long term care services are screened, entered into CIRTS, triaged and provided options counseling. Through outsourcing, the functions of Screening and Intake may also be performed by the Lead Agency. DOEA prioritization requirements will be adhered to by both 7 CONTRACT KH 972 entities, as follows: 1. APS High Risk Referrals (See section B) Page 8 2. Imminent Risk cases will be prioritized for activation after APS High Risk Referrals have been served. If budgetary constraints prevent opening new cases, clients will be placed on the APCL. ARC staff will contact the client on a monthly basis to determine if there has been a change in the client's situation. 3. All other CARES referrals will be screened and prioritized in accordance with DOEA requirements. 4. Aging Out consumers will be referred by DCF for prioritization and/or activation in the corresponding aged program managed by the Alliance, as appropriate (See section IV). 5. Consumers applying for the Community Care for the Elderly (CCE) and/or Home Care for the Elderly (HCE) programs will be contacted and screened using the statewide assessment form developed by the Department of Elder Affairs for this purpose (Form 701A). If a consumer is being served through a DOEA-funded agency which enters their annual assessment into CIRTS, the Priority Score generated by that assessment will determine their ranking on the APCL. 6. Consumers referred for inclusion under the Assisted Living for the Elderly (ALE) Medicaid Waiver APCL will be interviewed and screened using the 701A form. 7. Consumers referred for inclusion under the Aging and Disabled Adult (ADA) Medicaid Waiver APCL will be contacted and screened following the same procedure as the one described under Section 5. Individuals who appear as potentially eligible for other types of public assistance will be referred to the Economic Self -Sufficiency Unit at the Department of Children and Families. 8. All other referrals will be waitlisted and prioritized, during which time other community resources will be researched, including private pay/fee for services providers. Consumers on the waiting lists will be reassessed according to Department requirements (NOI #062906-1-1-OVCS 6/29/2006). B. HIPAA forms will be sent to the consumer as appropriate. III. Opening New Cases A. CCE/ADA/ALE/HCE Clients The Fiscal Department will monitor Lead Agency specific spending levels on a monthly basis to ensure each Lead Agency is operating within its quarterly funding allocation and/or spending authority. In addition, the department will do cost projections, and share the information with the Surplus/Deficit review committee to determine slot availability. The ARC and the Quality Assurance Department will be notified when funding is available and the number of new cases to be activated by Lead Agency. 2. Upon notification from the Vice President for Finance of funding availability, the Aging Resource Center Intake Unit Supervisor will run the Prioritized Risk Report to identify the consumers on the APCL to be opened. 3. Based on available funding, the ARC Intake Unit Supervisor will refer wait listed clients to the Lead Agency for activation, in accordance with prioritization 8 CONTRACT KH 972 Page 9 requirements. The Lead Agency will update the wait list enrollment using the appropriate code to terminate from the APCL B. APS Referrals 1. APS Low and Intermediate Risk referrals will be screened and prioritized for services as per the DOEA/APS Memorandum of Understanding. Low and Intermediate Risk referrals are also offered information and referral to additional community resources, including private pay as appropriate. 2. APS High Risk Referrals are not waitlisted. They are immediately referred for service from DCF in Monroe County to the Lead Agency. ARTT referrals will be forwarded directly the Lead Agency. APS cases are to be served for a maximum of 31 calendar days. If additional time is justified, the case management agency will staff the case with the Alliance to obtain the extension needed. 3. Upon receipt of the APS referral, the Lead Agency will coordinate services to begin within the 72 hour period mandated by statute. A comprehensive assessment will be done within 14 working days of the referral. Services required under the care plan will remain in place for a maximum of 31 days, unless an extension has been granted. 4. The Lead Agency will enter ACTV enrollment under their provider number in CIRTS. In addition, service codes will be entered by service date for all services provided. If a service(s) is not provided as required under the care plan, an NDP code will need to be entered in CIRTS and the case notes under the client file should document the reason for non -delivery of such service(s). IV. Aging Out Consumers: A. All "Aging Out" consumers will be referred by DCF for activation in the corresponding aged program managed by the Alliance. B. Consumers active in the CCDA and HCDA programs that are turning 60 and are eligible for CCE and/or HCE will be opened in the corresponding aged program managed by the Alliance if funding is available. If funding is available, these consumers will be made active. If funding is not available, they will be waitlisted for these programs but will be given priority for activation once funding is available. C. Consumers active in the ADA Medicaid Waiver, upon turning age 60, will continue to be eligible for and receive ADA Medicaid waiver services. E61 CONTRACT KH 972 Page 10 ATTACHMENT IV Aging Resource Center Outsourced Functions A. Perform ARC outsourced functions in accordance with policies and procedures developed by the Alliance for Aging. (ATTACHMENT V) B. Maintain wait lists in CIRTS in accordance with DOEA requirements. C. Report number of client contacts to the Aging Resource Center D. Adhere to prioritization policy as set forth by the Department of Elder Affairs E. Update the agency Disaster Plan to incorporate ARC outsourced functions. F. Ensure against conflicts of interest and inappropriate self -referrals by referring consumers in need of options counseling or long-term care services beyond the provider's scope of services to the Aging Resource Center. G_ Ensure that services provided are in the clients' best interest, are the most cost effective, of high quality, and are responsive and appropriate to the assessed needs. The Assessed Priority Consumer List (APCL) is maintained when services funded by the department are not available. Through outsourcing, the function of Screening may also be completed by the Lead Agency for the Community Care for the Elderly, Home Care for the Elderly, Aging and Disabled Adults, and the Assisted Living for the Elderly Medicaid Waivers. im CONTRACT KH 972 Page 11 ATTACHMENT V Policy and Procedure for Outsourced function - Screening Objective: To ensure that a comprehensive list of clients in need of services is maintained in CIRTS by appropriate funding source and that the ARC is thereby able to effectively gauge the level of elder service need in Miami -Dade and Monroe Counties. Policy: To obtain necessary information from clients in order to assist in determining level of need and eligibility for DOEA funded services Procedure: ARC Contracted Providers will collect information from callers and conduct a 701A assessment. Alternatively, if a 701E assessment already exists or is provided from another source (i.e. CARES) the information from the 701 B can be utilized. Based on the information provided via the 701A(B) assessment, the ARC Contracted Provider will make a determination as to the services that the caller is in need of receiving. The ARC Contracted Provider will determine the appropriate funding source(s) that provides the needed services. If the caller is in need of a service(s) that is not provided by the ARC Contracted Provider, the ARC Contracted Provider will refer caller to the ARC Elder Helpline utilizing the ARC Referral Form and/or to an ARC Contracted Provider that provides the needed service. The caller will be provided with general information regarding the ARC as well as the ARC Elder Helpline contact number. The caller will be informed of the services and funding sources that they are being placed on the wait list for in CIRTS. ARC Contracted Provider will create a client record in CIRTS (if there is no existing record) and enter the services needed for the caller by funding source and service. [If there is an existing record in CIRTS, the appropriate fields will be updated]. If the ARC Contracted Provider determines that the caller may qualify for more than one funding source, ARC Contracted Provider is encouraged to enter the appropriate information under multiple funding sources. [If there is an existing client record in CIRTS, the client record in CIRTS will be updated with appropriate information]. ARC Contracted Provider will inform caller that they will receive a follow-up call (or home visit in case of active client) to check on their status based on DOEA Wait List Reassessment Standards and encourage caller to contact the ARC Elder Helpline with any questions. Note: These ARC policies and procedures are subject to change. Any modifications will be done through a contract amendment. 11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-16-2010 Bulk Item: Yes _X No _ Division: _County Administrator Department: Social Services/In-Home Services_ Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval for Continuation of a contract between Monroe County Board of County Commissioners and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association, to provide direct in -home services for the elderly and disabled as provided under grants to Monroe County from the Alliance for Aging (e.g., ADI, CCE & OAA) and the Department of Children and Families (e.g., CCDA) ITEM BACKGROUND: Monroe County is the Lead Agency for Case Management/CCE by the Alliance for Aging, Inc had has the CCE, OAA and ADI grants to provide in -home services for the elderly. The County also has a grant by DCF under CCDA to provide in -home services for the disabled. Approval will allow Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association to be the primary subcontractor for in -home respite, homemaker, personal care, and chore services. Only service hours authorized by Monroe County Social Services Department will be paid to V.N.A. PREVIOUS RELEVANT BOCC ACTION: Approval to Hospice of the Florida Keys/Visiting Nurse Association contract for FY: 7-1-09 to 6-30-10 on June 17, 2009. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: Approx. $355,000.00 INDIRECT COST: _-0-_BUDGETED: Yes X No _ COST TO COUNTY: Approx. $355,000.00 SOURCE OF FUNDS: Grants _ REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH Year h4 APPROVED BY: County Att t3f X OMB/Purchasing X Risk Management _X_ DOCUMENTATION: DISPOSITION: Revised 1 /09 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Hospice of the Florida Keys, Inc. Contract d/b/a Visiting Nurse Association Effective Date: July 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Approval of continuation of the contract between the Monroe County Board of County Commissioners (Monroe County Social Services/hi-Home Services Program) and Hospice of the Florida Keys, Inc for Fiscal year July 1, 2010 through June 30, 2011. VNA will continue to be the primary provider for respite, homemaker, personal care and chore services. Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 6/16/2010 Agenda Deadline: 6/1/2010 CONTRACT COSTS Total Dollar Value of Contract: approx. $355,000.00 Budgeted? Yes X No Account Codes: County Match: Required N/A Additional Match: Total Match $-0- Estimated Ongoing Costs: (Not included in dollar value above) For: Current Year Portion: $ 125-_6153609/6153610_ 125-6153809/6153810 - 125 - 6153010 - _125_-_6153709/6153710-_ ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out Division Director D to 1p C Nee Yes No �-- evie er Risk Management Yes No -� C s a O.M.B./Purchasing d Yes No County Attorney Cl Co4,REc}�� S-Yes No Comments: r1i41�DS w �� � � '>c� CIF -4 a nor 76' C� C - 0 /Aj 5/f/I /-)0 e�, /[Ah Cr60 P,46,F OMB Form Revised 2/27/01 MCP #2 CONTRACT THIS AGREEMENT, made and entered into this 18th day of June, 2008, A.D., by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the -Owner" or "County"), and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association , (hereinafter called the -Contractor"). WHEREAS, the County provides In -Home services to the elderly and disabled residing throughout Monroe County; and WHEREAS, the County receives funding from the Alliance for Aging, Inc., the Florida Department of Children and Families, and the Florida Agency for Health Care Administration for the purposes of providing in -home services countywide; and WHEREAS, the County has provided in -home services to assist the vulnerable elderly and/or disabled residents to remain in their homes and maintain independence for over 25 years; and WHEREAS, the County desires to contract for in -home services to ensure that such services are available throughout the County; and WHEREAS, Contractor is qualified and desires to provide in -home services; 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 Owner 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 the response to RFP and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. SCOPE OF THE WORK - The Contractor shall provide In -Home Services for the County. 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. The Contractor shall maintain adequate staffing levels to provide the services required under this contract. B. The personnel shall not be employees of or have any contractual relationship with the County. [IF APPROPRLATE: To the extent that Contractor uses subcontractors or independent contractors, this contract specifically requires that the level of independence normally exercised by such subcontractors and independent contractors be curtailed and that they be supervised by the Contractor. C. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 3. PAYMENTS TO THE CONTRACTOR A. The Contractor shall submit to the county an invoice with supporting documentation acceptable to the Clerk on a weekly basis. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursement of funds. B. Upon Monroe County's receipt of said invoices Monroe County Clerk's Office shall submit payment to the Contractor no later than four weeks after receipt of invoice(s). 4. TERM OF CONTRACT The term of this contract is for one year, commencing on the 1st day of July x2010, and ending on the 30th day of June 2011. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. 5. CONTRACTOR'S RESPONSIBILITIES A. The Contractor will perform only authorized in -home services in the homes of elderly and/or disabled residents in the Areas 1, 2, 3 and 4 for the unit rate(s) specified herein. Only those in -home services that are specifically authorized by the County as documented by the Social Services Department will be reimbursable. In -Home Services will be provided by the Contractor in accordance with DOER definitions/specification, by agencies that hold necessary licenses, and by individual workers qualified to perform such services as detailed in Florida Department of Elder Affairs (DOER) 2008 Client Services Manual and the Home and Community Based Services, Draft handbook, January 2003, the State of FL Department of Children & Families (DCF) CFOP 140-8, Community Care for Disabled Adults (CCDA), and in accordance with the Agency for Health Care Administration (AHCA) guidelines as required and any subsequent modifications thereto. B. The in -home services Contractor will provide under these terms and conditions are X respite care, X homemaker, X personal care, X chore, _ _emergency home repair/housing improvement, and _material aid as defined by DOER in the 2003 and 2008 handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions 1 thereto. C. The Contractor will provide in -home services during the term of this contract for the unit rates as agreed upon and that follow: $20.00/unit for respite care, $20.00/unit for homemaker, $25.00/unit for personal care, $25.00/unit for chore, $ unit for emergency home repair/housing improvement, and S unit for material aid. A unit for each service is defined by DOER in the 2003 and 2008 draft handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. The number of units of services performed for each client must be preauthorized by the County The Contractor will be reimbursed for all necessary travel for client's needs. This can include travel to and in between client homes, from V.N.A. offices, shopping for clients, etc. However, travel from worker's homes at the start of the work day and travel to worker's homes at the end of the work day will not be reimbursed. D. The Contractor will provide the in-service(s) detailed in "B" above for the unit rate agreed upon in "C" above in geographic Areas X 1, X2, X 3, and X 4 in order to ensure that in -home services are available countywide. E. The Contractor will in all cases provide in -home services within the timeframes required by DOEA as defined by DOEA in the 1998 and 2003 handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. The Contractor agrees that the County Administrator will designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations and other contract monitoring activities during the Contractor's normal business hours. F. 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. G. The Contractor must maintain approval status from the Alliance for Aging, Inc., as a Medicaid Waiver Provider of Choice. 6. CONTRACTOR'S FINANCIAL 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 six 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 2 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 The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere 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 WC1, GL1, GIR 1, and VU, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. Non -Waiver of Immunity. Notwithstanding he 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. 9. 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 3 or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 10, 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. 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 of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973. as amended (20 USC s. 794). which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975. as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11 )Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. 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 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. 12. 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 4 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. 13. SUPPORT TO THE DEAF OR HARD -OF -HEARING a. The contractor shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the American with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA). b. The contractor shall if it employs 15 or more employees, designate a Single -Point -of -Contact (one per firm) to ensure effective communication with deaf or hard -of hearing clients or companions and/or caregivers in accordance with Section 504 and the ADA. The name and contact information for the contractor's Single -Point -of -Contact shall be furnished to Monroe County within 14 calendar days of the effective date of this requirement. c. The Single -Point -of -Contract shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated compliance with Section 504 and the ADA. Further, employees of the contractor shall attest in writing that they are familiar with the requirement of Section 504 and the ADA. This attestation shall be maintained in the employee's personnel file. d. The contractor's Single -Point -of -Contract will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no - cost to the deaf or hard -of -hearing clients or companions and/or caregivers are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately, but not later than June 30, 2010. The approved Notice can be downloaded through the Internet at: http://iN,,ww.dcLstate.fl.us/admin/ig/eivilrights.shtmi. e. The contractor shall document the customer's or companion and/or caregiver's preferred method of communication and any requested auxiliary aids/services provided in the client's record. Documentation, with supporting justification, must also be made if any request was not honored. The contractor shall submit Compliance Reports monthly, not later than the 1 Oth day of each month, to the Monroe County In -Home Services Coordinator. 14. DISCLOSURE AND CONFLICT OF 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. 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 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. 5 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 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. 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. 15. ARREARS 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. 16 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, Fl. 33041-1026 FOR CONTRACTOR: Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association 1319 William Street Key West, FL 33040 17. 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. 6 18. TERMINATION 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 Contractors obligations under this contract. A. 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 LAW VENUE INTERPRETATION COSTS AND FEES A. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. B. 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 he in the appropriate court or before the appropriate administrative body in Monroe County, Florida. C. 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. D. 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. 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. F. Adjudication of Disputes or Disagreements. County and Contractor 7 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. G. 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. 20. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 21. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. 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. 24. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state 8 statute, and case law. 25. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the 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. 26. 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. 27. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 28. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 29. SECTION 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. 30. MUTUAL REVIEW This agreement has been carefully reviewed by the Contractor and the County. Therefore, this agreement is not to be construed against any party on the basis of authorship. 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 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman 9 (SEAL) Attest: By: WITNESS HOSPICE OF THE FLORIDA KEYS, INC d/b/a VISITING NURSE ASSOCIATION t By: _jvk Title: �L< �;# co —a By: - WITNESS Tide: 44 ^ / 10 Ac �® CERTIFICATE OF LIABILITY INSURANCE OP ID A3 DATE(MM/DWYYYY) HOSPI-3 03 04/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bouchard -Clearwater ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 Starcrest Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 6090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Clearwater FL 33758-6090 Phone:727-447-6481 Fax:727-449-1267 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Anwrican Alternative Ina Co 19720 Hospice of the Florida Keys, Inc. INSURERB: Zenith Insurance Company 13269 —"-- — — Gregq Wheeler wsuRER c 1319 William St Key West FL 33040-4736 INSURERD: -- -- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ADD G POLICY NUMBER LTR INSRQ TYPE OF INSURANCE ; POLICY EFFECTIVE Ti�OL `i6fP TION �, LIMITS DATE MM/DD 3 DATE MMIDD GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A X COMMERCIAL GENERAL LIABILITY VHHHHG305144203 03/10/10� 03/10/11 PREMISES (Ea occurence) $ 1,000,000 _ X ` CLAIMS MADE OCCUR ! '', - MED EXP (Any one person) $ 50,000 PETRO DATE 3/10/88 PERSONAL&ADVINJURY _ $1,000,000 GENERAL AGGREGATE ! $ 3,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 X POLICY PR0LOC Ben 1,000,000 AUTOMOBILE LIABILITY :COMBINED SINGLE LIMIT I$ 1,000,000 - ANY AUTO (Ea accident) ALL OWNED AUTOS � � ----- ---- ------ -- _ BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS VHHHHG305144203 03/10/10 03/10/11 BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ j (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTOI, _ EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY ��, EACH OCCURRENCE $ 2 , 000 , 000 A OCCUR X CLAIMS MADE VHHHHU505007903 03/10/10 03/10/11 AGGREGATE ! $ 2, 000, 000 $ DEDUCTIBLE I X RETENTION $ 0 - f $ WORKERS COMPENSATION X TORY LIMITS ER AND EMPLOYERS' LIABILITY YIN B ANY PROPRIETOR/PARTNER/EXECUTIVP Z830825718 07/01/09 07/01/10 -- E.L. EACH ACCIDENT -EL_ - - - _— --100,000 $100,000 - - -- OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DISEASE- EA EMPLOYEE! 100 , 000 If yes, describe under SPECIAL PROVISIONS below _$ E.L. DISEASE -POLICY LIMIT $500,000 OTHER A DIRECTORS &OFFICER IVHHHHD405010703 03/10/10i 03/10/11 Liability 3,000,000 DED $2500I Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is included as additional insured as their interest may appear as respects general liability subject to policy conditions, terms and exclusions. CERTIFICATEHOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MONROEC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Monroe County REPRESENTATIVES, 1100 Simonton Key West FL 33040 AUTH�ORRED�$EPWNTATNE acnRn 25 12naWn11--©1988-2009 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) CONTRACT THIS AGREEMENT, made and entered into this 18th day of Tune, 2008, A.D., by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the -Owner" or "County"), and Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association , (hereinafter called the -Contractor"). WHEREAS, the County provides In -Home services to the elderly and disabled residing throughout Monroe County; and WHEREAS, the County receives funding from the Alliance for Aging, Inc., the Florida Department of Children and Families, and the Florida Agency for Health Care Administration for the purposes of providing in -home services countywide; and WHEREAS, the County has provided in -home services to assist the vulnerable elderly and/or disabled residents to remain in their homes and maintain independence for over 25 years; and WHEREAS, the County desires to contract for in -home services to ensure that such services are available throughout the County; and WHEREAS, Contractor is qualified and desires to provide in -home services; 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 Owner 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 the response to RFP and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. SCOPE OF THE WORK The Contractor shall provide In -Home Services for the County. 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. The Contractor shall maintain adequate staffing levels to provide the services required under this contract. 3 B. The personnel shall not be employees of or have any contractual relationship with the County. [IF APPROPRIATE: To the extent that Contractor uses subcontractors or independent contractors, this contract specifically requires that the level of independence normally exercised by such subcontractors and independent contractors be curtailed and that they be supervised by the Contractor.] C. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 3. PAYMENTS TO THE CONTRACTOR A. The Contractor shall submit to the county an invoice with supporting documentation acceptable to the Clerk on a weekly basis. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursement of funds. B. Upon Monroe County's receipt of said invoices Monroe County Clerk's Office shall submit payment to the Contractor no later than four weeks after receipt of invoice(s). 4. TERM OF CONTRACT The term of this contract is for one year, commencing on the 1st day of uJ ly ,2009, and ending on the 30th day of jjjne ,_2010. The County shall have the option to renew this agreement for two (2) additional one-year periods. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. 5. CONTRACTOR'S RESPONSIBILITIES A. The Contractor will perform only authorized in -home services in the homes of elderly and/or disabled residents in the Areas 1, 2, 3 and 4 for the unit rate(s) specified herein. Only those in -home services that are specifically authorized by the County as documented by the Social Services Department will be reimbursable. In -Home Services will be provided by the Contractor in accordance with DOEA definitions/specification, by agencies that hold necessary licenses, and by individual workers qualified to perform such services as detailed in Florida Department of Elder Affairs (DOEA) 2008 Client Services Manual and the Home and Community Based Services, Draft handbook, January 2003, the State of FL Department of Children & Families (DCF) CFOP 140-8, Community Care for Disabled Adults (CCDA), and in accordance with the Agency for Health Care Administration (AHCA) guidelines as required and any subsequent modifications thereto. B. The in -home services Contractor will provide under these terms and conditions are X respite care, X homemaker, X personal care, X chore, _ _emergency home repair/housing improvement, and _material aid as defined by DOEA in the 2003 and 2008 handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. C. The Contractor will provide in -home services during the term of this contract for the unit rates as agreed upon and that follow: S20.00/unit for respite care, $20.00/unit for homemaker, $25.00/unit for personal care, $25.00/unit for chore, $ unit for emergency home repair/housing improvement, and $ unit for material aid. A unit for each service is defined by DOEA in the 2003 and 2008 draft handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. The number of units of services performed for each client must be preauthorized by the County The Contractor will be reimbursed for all necessary travel for client's needs. This can include travel to and in between client homes, from V.N.A. offices, shopping for clients, etc. However, travel from worker's homes at the start of the work day and travel to worker's homes at the end of the work day will not be reimbursed. D. The Contractor will provide the in-service(s) detailed in "B" above for the unit rate agreed upon in "C" above in geographic Areas X 1, X2, X 3, and X 4 in order to ensure that in -home services are available countywide. E. The Contractor will in all cases provide in -home services within the timeframes required by DOEA as defined by DOEA in the 1998 and 2003 handbooks, DCF CFOP 140-8 for CCDA, and AHCA guidelines as noted above and any subsequent revisions thereto. The Contractor agrees that the County Administrator will designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations and other contract monitoring activities during the Contractor's normal business hours. F. 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. G. The Contractor must maintain approval status from the Alliance for Aging, Inc., as a Medicaid Waiver Provider of Choice. 6. CONTRACTOR'S FINANCIAL 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 six years following the termination of this Agreement. If an auditor employed by the 2 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 The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere 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 "1" on the attached forms identified as INS(:KI,ST 1-5, as further detailed on forms WC1, GL1, GIR 1, and VU, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. 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. 9. 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 3 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. 10. 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. 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 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 nondiscrinnation on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11 )Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. 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 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. 12. 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, 4 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. 13. DISCLOSURE AND CONFLICT OF 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. 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 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. 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 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. 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. 14. ARREARS 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. 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: 5 FOR COUNTY: Monroe County Administrator and County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, Fl. 33041-1026 FOR CONTRACTOR: Hospice of the Florida Keys, Inc. d/b/a Visiting Nurse Association 1319 William Street Key West, FL 33040 16. 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, not 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. 17. TERMINATION 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. A. 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. 18. GOVERNING LAW VENUE INTERPRETATION COSTS AND FEES A. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. B. 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 he in the appropriate court or before the appropriate administrative body in Monroe County, Florida. C. 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. D. 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 )unsdiction, the remaining terms, covenants, conditions and provisions of this 6 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. 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. F. 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. G. 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. 19. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 20. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7 21. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 22. 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. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or 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. 24. 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. 25. 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. 26. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of 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. 27. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 0 28. 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. 29. MUTUAL REVIEW This agreement has been carefully reviewed by the Contractor and the County. Therefore, this agreement is not to be construed against any party on the basis of authorship. 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 Deputy Clerk (SEAL) Attest: WITNESS Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman HOSPICE OF THE FLORIDA KEYS, INC d/b/a VISITING NURSE ASSOCIATION By: Title: By: WITNESS Title: 9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Division: Public Works Bulk Item: Yes X No Department: Roads & Bridges Staff Contact Person/Phone#: Dent Pierce/292-4560 AGENDA ITEM WORDING: Approval of a Resolution prohibiting the parking, standing or stopping of vehicles along the County right of way on both sides of a portion of Caribbean Drive, Dort Largo, Key Largo, Florida. ITEM BACKGROUND: The attached letter was received from the Sheriff's Office requesting no parking in the rights of way of Caribbean Drive due to traffic congestion in this area. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval as stated above and to post the designated area with "No parking" signage as required by MCC Sec. 25-27. TOTAL COST: approx. $500.00 INDIRECT COSTS: nLa BUDGETED: Yes X NO DIFFERENTIAL OF LOCAL PREFERENCE: n a COST TO COUNTY; same SOURCE OF FUNDS: Road & Bridge Fund REVENUE PRODUCING; YES _ NO x AMOUNT PER MONTH YEAR APPROVED BY: County Atty. OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM To: Commissioner Sylvia Murphy From: Captain Louis Caputo Date: May 14,2011 Subject: Caribbean Blvd, Port Largo. Mayor Murphy I'm writing this letter concerning the parking problems on Caribbean Blvd. in Port Largo. As you are aware over the years this area for Port Largo has seen substantial growth in new residential construction. This along with the hotel, Coconuts and Ocean Divers has resulted in some traffic issues. The main issue is the parking by the customers that utilize the businesses on Caribbean Blvd. Most of the customers will park on the county right away and block traffic flow and on the weekends this makes it very hard for residents to get through that area. I feel it is necessary to correct this problem and the only way we can do this is to post no parking sign on the county right away near the business. I have meet with Allen White from the county code enforcement and he also agrees that this is an area that has a problem with the parking. Mr. White also feels that the only way we can solve the problem is to install no parking signs. So I'm asking that you please consider making this area of Caribbean Blvd. a no parking on county right away area. Thank you for your consideration in this matter. RESOLUTION NO. -2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PROHIBITING THE PARKING, STANDING OR STOPPING OF VEHICLES ALONG THE COUNTY RIGHT OF WAY ON BOTH SIDES OF A PORTION OF CARIBBEAN DRIVE, PORT LARGO, KEY LARGO FLORIDA. WHEREAS, pursuant to Monroe County Code Sec. 25-27, the Board of County Commissioners may restrict or prohibit the parking, standing or stopping of vehicles along county roads; and WHEREAS, Caribbean Drive is a county road located in Key Largo; and WHEREAS, Caribbean Drive has become a congested area; and WHEREAS, vehicles parked in the rights of way of Caribbean Drive are causing traffic flow and safety issues; and WHEREAS, the designated no parking area would be posted with "No Parking" signs as required by Sec. 25-27, Monroe County Code; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: 1. Commencing 132 feet north of the centerline intersection of Caribbean Drive and Laguna Avenue on both sides of Caribbean Drive, Port Largo, Key Largo, Florida, continuing north 93 feet then northeast 725 feet on Caribbean Drive and east 750 feet on Caribbean Drive shall be designated as a no parking, standing or stopping area. 2. The designated area shall be posted with the appropriate "No Parking" signage as required by Monroe County Code Sec. 25-27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th day of June, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, CLERK I� Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA E CCU, TY ATI -Pt, �7y � � +i� E �DSTO -!`"1 AT Sylvia Murphy, Mayor BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 16, 2010 Bulk Item: Yes X No Division: Public Works Department: Public Works Staff Contact: Beth Leto, 94560 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an Ordinance amending Sec. 23-76, MCC adding specific language regarding "mobile business first time"for clarification. ITEM BACKGROUND: Following approval of Ordinance No. 019-2010, it was determined that the language "all persons" did not sufficiently clarify "mobile business first time" and specific language needed to be added to Section. 23-76, MCC for clarification. PREVIOUS RELEVANT BOCC ACTION: 4/21/10 BOCC approved Ordinance No. 019-2010 CONTRACT/AGREEMENT CHANGES: Adds specific language regarding "mobile business first time" STAFF RECOMMENDATIONS: Approval to advertise and hold public hearing on July 21, 2010 @ 3:00 p.m. in Key West, FL TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 ORDINANCE NO. -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY AMENDING SECTION 23-76 OF THE MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HERWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an amendment of Section 23-76 of the Monroe County Code (MCC) was previously approved by the Monroe County Board of County Commissioners at its regularly scheduled May 2010 board meeting; and WHEREAS, subsequent to the approval of the amendment the Monroe County Tax Collector informed the County of problematic issues in implementing Section 23-76 as amended; and WHEREAS, representatives from the Tax Collector's office met with representatives of the County in order to address the issues raised and to redraft the amendment to Section 23-76; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: [Proposed Text Changes are presented in strikethrough to indicate deletions and underline to indicate additions.] SECTION 1. Sec. 23-76(a) is hereby amended to read as follows: (a) All persons obtaining a business tax for the first time tax must complete the tax form prepared by the county tax collector a aR provide proof of either- a euffent eonunefeial eelleetion service C,.,fAy rode, All mobile businesses obtaining a business tax for the first time must com lete the tax form prepared by the county tax collector and shall rovide proof of either a current commercial collection service eement pursuant to Section 21-74 2 of the Monroe Coup Code or a home occu ation s ecial use permit pursuant to Section 130-124 of the Monroe Count Code. Thereafter, all mobile businesses renewing a business tax must continue to submit proof of either a current commercial collection service agreement pursuant to Section 21-74 2 of the Monroe Cogn1y Code or a home occupation special use permit pursuant to Section 130-124 of the Monroe CounU Code along with the renewal fee. The business tax will not be issued or renewed until proof of either a current commercial collection service agreement or a home occupation special use permit is provided. The business tax provided for in this chapter is for the primary purpose of raising revenue. It is not a County permit to undertake any business, profession, or occupation at a particular site. The tax collector shall, on a monthly basis, provide the county planning department with a list of the taxpayer who have paid and the addresses of their respective businesses, professions, or occupations. If the tax is paid for a business, profession or occupation at an address that the planning department concludes violates that county's land development regulations or comprehensive plan, then the county's code enforcement department may undertake whatever action it deems proper to force a correction of that violation. A statement similar to this subsection must appear on all business tax forms. SECTION 2. SEVERASILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to confirm to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of March 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario DiGennaro (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/16/10 Division-, Public Works Bulk Item: Yes X No Department: _Solid Waste Mans ement Staff Contact: Rosa Washineton/2924432 AGENDA ITEM WORDING: Approval for Solid Waste staff to reduce tipping fees from $120/ton to $85/ton, for disposal of illegal fishing gear, by the Florida Fish and Wildlife Conservation Commission. This is a statewide program operated by the Florida Fish and Wildlife Conservation Commission. ITEM BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC) operates an annual Spiny Lobster and Stone Crab Trap Retrieval Program and contracts with organizations and local fishers to remove spiny lobster and stone crab traps that remain in the water illegally during the closed season. Monroe County is supporting this program by partnering with our Franchise Hauler, Waste Management and reducing the tipping fee to $85/ton for this project only. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: Estimated $32,000.00 BUDGETED: Yes _ No X COST TO COUNTY. Estimated $6,580 SOURCE OF FUNDS: Fund 414 SW Assessment REVENUE PRODUCING: Yes — No X AMOUNT PER YEAR; 0 APPROVED BY: CountyAtty— OMB/Purchasing _Risk ManagementN/A — DOCUMENTATION: Included X Not Required DISPOSITION Revised 1. 1/06 AGENDA ITEM # 1 June 3, 2010 Rosa Washington, Senior Administrator Monroe County Solid Waste Management P 1100 Simonton Street, Suite 231 Key West, Florida 33040 Florida Fish RE: Request for reduced tipping fees for disposal of illegal fishing gear and Wildlife Conservation Dear Mr.. Washington: Commission Commissioners The Florida Fish and Wildlife Conservation Commission (FWQ operates an annual Rodney Barreto Spiny Lobster and Stone Crab Trap Retrieval Program (program) and contracts with Chairman organizations and local fishers to remove spiny lobster and stone crab traps that Miami remain in the water illegally during the closed season. Program operations within Richard A. Corbett Monroe County waters are conducted during the month of June each year preceding Vice Chairman Ternpa the start of the spiny lobster season. Kathy Barco Jacksonville In prior years, wooden traps were disabled and disposed of at in -water locations Ronald M. Bergeron provided by the Florida Keys National Marine Sanctuary (FKNMS) once all ropes, Fort Lauden:taie buoys and plastics were removed. All plastic traps and materials removed from Dwight Stephenson Delray Beach wooden traps were transported to shore and disposed of at upland facilities. Kenneth W. Wright Winter Park The FKNMS is no longer supporting this disposal method, and has required that all Brian S. Yablonski trap material removed from the water must be disposed of at upland facilities. This Tallahassee new requirement will effectively limit the overall amount of illegal trap gear we are able to remove from Monroe County waters this year, as we are not able to allocate Executive Stuff additional funds to cover the additional disposal costs associated with wooden trap Nick Wiley gear. Therefore, we are respectfully requesting your consideration to grant reduced Executive Director tipping fees for the disposal of illegal trap debris removed by this program. All Greg Holder Assistant Executive Director program participants will be given a pink carbon -copy "FWC Trap Retrieval and Karen VentlmlgU Eradication Program Work Certification Form" at the end of each work day showing Deputy Chief of Staff the total number of traps retrieved, which may be presented at transfer stations to identify program participants. Division at Marine Fisheries Management Our Contractor has provided the following tipping fees assessed for trap debris Mark Robson removed pursuant to program operations in other areas of the state in prior years: Division Director $57 per ton, Lee County; $36 per ton, Sarasota County; $30 per ton, Citrus County. (850) 487-0554 (850) 487-4847 FAX Based on the average number of traps removed from Monroe County waters during program operations over each of the past four years, we estimate that we will likely remove approximately 5,000 traps and 2,000 pieces of trap debris (including trap pieces, trap ropes, and buoys) for a estimated total of 190-198 tons of material Managing t1sh and wildiffe (approximately 75 pounds per lobster trap, and 0.5-10 pounds per piece of trap --fe"theirk"94— debris) to be disposed of this year. Each wooden lobster trap contains approximately weiPbeing and the benefit of people. 50 pounds of concrete; the remaining 25 pounds consists of wood slats, plastic bait wells, plastic funnels, and occasionally wire mesh. Each plastic stone crab trap 620 South Meridian Street contains approximately 50 pounds concrete, and the remaining 15 pounds consists of Tallahassee, Florida a lightweight plastic trap frame and lid, plastic bait wells, and stainless or 32399-1600 Voice: (850) 488-4676 galvanized nails. Hearing/speech impaired: (800) 95"771 M Thank you for considering our request. As we will be beginning work this month, we (800) 955-8770 M would greatly appreciate your response as soon as possible. If you have any MYFWC.c0m Ms. Ross Washington Page 2 June 3,2010 questions regarding this request, please contact Mr. Kyle Miller at (850) 487-0580 ext. 205 or Fyle.Miller@MyFWC.com. Sincer A Robson Division Director Mr/km cc: Kyle Miller Jerry Sansom Virginia Vail