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C. Bulk Approvals
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21 2010 Division: Community Services Bulk Item: Yes x No Department: Bayshore Manor Staff Contact Person/Phone #: Trish Barker 294-4966 AGENDA ITEM WORDING: Approval for Monroe County Bayshore Manor to re -enroll in a Provider Agreement for participation in the TitleXIX Institutional Florida Medicaid Program ITEM BACKGROUND: Bayshore Manor currently houses two residents who receive services through the Title XIX Institutional Florida Medicaid Program. We need to continue participation in this program In order for resident benefits to continue PREVIOUS RELEVANT BOCC ACTION: At the July 18, 2007 Board of County Commissioner's Meeting the Board granted approval and authorized execution on the Title XIX Institutional Medicaid Provider Agreement for Monroe County to continue to participate in a Provider Agreement with the Florida Medicaid Program CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes X_No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH 556.00 ,estimate) AMOUNT PER YEAR 6672.00 (estimate) APPROVED BY: County Atty x OMB/Purchasing x Risk Management _x DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Medicaid Contract # Effective Date: Expiration Date: Ongoing Contract Purpose/Description: To enable Monroe County to re -enroll in a Provider Agreement for participation in the Title XIX Institutional Florida Medicaid Program Contract Manager: Patricia Barker 4533 Social Service Bayshore Manor Stop# 9 (Name) (Ext.) (Department/Stop #) for BOCC meeting on July 21 2010 Agenda Deadline: July 06 2010 CONTRACT COSTS Total Dollar Value o Contract: $ Current Year Portion: $ Budgeted? Yes❑ o ❑ Account Codes: -_-_- Grant: $ - - - County Match: $ N/A - - - Estimated Ongoing Costs: $0/yr (Not included in dollar value above) ADDITIONAL COSTS For: N/A (eg. maintenance, utilities, janitoria CONTRACT REVIEW etc. Changes Date Out Dte Ir Needed f _ 3 Division Director _ Yes❑ No Risk Manage ent ''` 61 Yes[:] Noo ty f� . x O.M.B./Purchasing &- /0 Yes[:] No County Attorney lAr Yes❑ No F' t � Comments: OMB Form Revised 2/27/01 MCP #2 INSTITUTIONAL X_ MEDICAID PROVIDER AGREEMENT The Provider agrees to participate in the Florida Medicaid program under the following terms and conditions: (1) Discrimination. The parties agree that the Agency for Health Care Administration (AHCA) may make payments for medical assistance and related services rendered to Medicaid recipients only to a person or entity who has a provider agreement in effect with AHCA; who is performing services or supplying goods in accordance with federal, state, and local law; and who agrees that no person shall, on the grounds of sex, handicap, race, color, national origin, other insurance, or for any other reason, be subjected to discrimination under any program or activity for which the provider receives payment from AHCA. (2) Quality of-Servi--fitre-provideragrees-thatservice"r-goods-bitt dlo-the Medicaid -program must be- medically necessary, of a quality comparable to those furnished by the provider's peers, and within the parameters permitted by the provider's license or certification. The provider further agrees to bill only for the services performed within the specialty or specialties designated in the provider application on file with AHCA. The provider must deliver the services or goods to eligible Medicaid recipients to receive payment from AHCA. (3) Compliance. The provider agrees to comply with local, state, and federal laws, as well as rules, regulations, and statements of policy applicable to the Medicaid program, including the Medicaid Provider Handbooks issued by AHCA. (4) Term and signatures. The parties agree that this is a voluntary agreement between AHCA and the provider, in which the provider agrees to furnish services or goods to Medicaid recipients. Provided that all requirements for enrollment are met and remain in effect, this agreement shall remain in effect for three (3) years from the effective date of the provider's eligibility unless otherwise terminated. This agreement is renewable only by mutual consent. The provider understands and agrees that no AHCA signature is required to make this agreement valid and enforceable. This agreement shall be accepted and entered into by AHCA upon the assignment of a provider number and effective date as provided for herein. (5) Provider Responsibilities. The Medicaid provider shall: (a) Possess at the time of the signing of the provider agreement, and maintain in good standing throughout the period of the agreement's effectiveness, a valid professional, occupational, facility or other license appropriate to the services or goods provided, as required by law. (b) Keep, maintain, and make available in a systematic and orderly manner all medical and Medicaid -related records as AHCA requires for a period of at least five (5) years. (c) Safeguard the use and disclosure of information pertaining to current or former Medicaid recipients as required by law. (d) Send, upon request or as required by applicable handbooks and at the provider's expense, legible copies of all Medicaid -related information to authorized state and federal employees including their agents. The provider shall give state and federal employees, including their agents, access to all Medicaid patient records and to other information that is inseparable from Medicaid -related records. (e) Bill other insurers and third parties, including the Medicare program, before billing the Medicaid program, if the recipient is eligible for payment for health care or related services from another insurer or person. (f) Refund any moneys received from the Medicaid program in error or in excess of the amount to which the provider isentitled within 90 days of receipt. (g) Be liable for and indemnify, defend, and hold AHCA harmless from all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligence or omissions of the provider in the course of providing services to a recipient or a person believed to be a recipient to the extent allowed by in and accordance with section 768.28, F.S. (2001), and any successor legislation. (h) Accept Medicaid payment as payment in full, and not bill or collect from the recipient or the recipient's responsible party any additional amount except to the extent AHCA permits or requires, co -payments, coinsurance, or deductibles will recipients' pay for the services or goods provided. This includes situations in which the provider's Medicare coinsurance claims are denied in accordance with Medicaid's payment. MPA Institutional Revised February 2007 (g) Be liable for and indemnify, defend, and hold AHCA harmless from all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligence or omissions of the provider in the course of providing services to a recipient or a person believed to be a recipient to the extent allowed by in and accordance with section 768.28, F.S. (2001), and any successor legislation. (h) Accept Medicaid payment as payment in full, and not bill or collect from the recipient or the recipients responsible party any additional amount except to the extent AHCA permits or requires, co -payments, coinsurance, or deductibles will recipients' pay for the services or goods provided. This includes situations in which the provider's Medicare coinsurance claims are denied in accordance with Medicaid's payment. (I) Submit claims to AHCA electronically and to abide by the terms of the ElectronicClaims Submission Agreement. 0) Receive payment from AHCA by Electronic Funds Transfer (EFT). In the event that AHCA erroneously deposits funds to the provider's account, then the provider agrees that AHCA may withdraw the funds from the account. (k) Comply with all of the requirements of Section 6032 (Employee Education About False Claims Recovery) of the Deficit Reduction Act of 2005, if the provider receives or earns five million dollars or greater annually under the State plan. (6) AHCA Responsibilities. AHCA: (a) Is required to make timely payment at the established rate for services or goods furnished to a recipient by the provider upon receipt of a properly completed claim. (b) Will not seek repayment from the provider in any instance in which the Medicaid overpayment is attributable solely to error in the state's determination of eligibility of a recipient. (7) Termination For Convenience. This agreement is terminable upon thirty (30) days written notice with or without cause by either party. (8) Ownership. The provider agrees to give AHCA sixty (60) days written notice before making any change in ownership of the entity named in the provider agreement as the provider. The provider is required to maintain and make available to AHCA Medicaid -related records that relate to the sale or transfer of the business interest, practice, or facility in the same manner as though the sale or transaction had not taken place, unless the provider enters into an agreement with the purchaser of the business interest, practice, or facility to fulfill this requirement. Nursing facilities have the option to assign this agreement to the new provider as a result of sale, lease, or any other change in operational ownership subject to all terms and conditions under which the agreement was originally issued. In the event of a change in Hospital ownership, the new provider agrees to assume all liabilities due from previous providers to the agency, regardless of when the liabilities are identified, in order to participate in the Medicaid program. (9) Complete Information. The provider is required to furnish true and complete statements and information to AHCA before signing the provider agreement. The provider is obligated to inform AHCA in writing of any change in the statements and information prior to the change. The filing of a materially incomplete, misleading or false application will make the application and agreement voidable at the AHCA's option and is sufficient cause immediate termination of the provider from the Medicaid program and/or revocation of the provider's number. (10) 'Interpretation. When interpreting this agreement, it shall be neither construed against either party nor considered which party prepared the agreement. (11) Governing Law. The parties consent to governance by and interpretation of their agreement in accordance with the State of Florida's laws. (12) Amendment. This agreement, application and supporting documents constitute the full and entire agreement and understanding between the parties with respect to their relationship. No amendment is effective unless it is in writing and signed by each party. (13) Severability. If one or more of the provisions contained in this agreement or application are declared invalid, then the other provisions remain valid. IMPA institutional Revised February 2007 2 Of 3 (14) Agreement Retention. The parties agree that AHCA may only retain the signature page of this agreement, and that a copy of this standard provider agreement is maintained by the Director of Medicaid, or his designee, and reproduced as a duplicate original for any purpose and usable as evidence in any legal proceeding. (15) Funding This contract is contingent upon the availability of funds. (16) Assignability, The parties agree that neither may assign their rights under this agreement without the express written consent of the other. THE PARTIES CONCUR THAT THIS AGREEMENT IS A LEGAL AND BINDING DOCUMENT AND IS FULLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. THE SIGNATORY REPRESENTS THAT HE OR SHE HASREADTHE AGREEMENT, UNDERSTANDS IT, AND IS AUTHORIZED TO EXECUTE IT ON BEHALF OF HIS OR HER RESPECTIVE PRINCIPALS. IN WITNESS WHEREOF, the undersigned representative of the above executed this agreement under the penalty of perjury and now affirms that the foregoing is true and correct. (legibly print name of signatory) Title Signature Date Ytf Provider's Name: DBA Name: Please Complete The Following Information: MONROE COUNTY BAYSHORE MANOR Tax Identification Number: 596000749 National Provider Identifier: Florida Medicaid Identification Number: 1401599 (For new applicants the Medicaid ID will be supplied by the fiscal agent upon approval of the application.) Taxonomy Code: (Optional) Effective Date of This Agreement: Termination Date of This Agreement: MPA Institutional Revised February 2007 INSTITUTIONAL MEDICAID PROVIDER AGREEMENTA14CA FLOR DAAGENCY FOR HEALTH GORE ADM NGMTION The Provider agrees to participate in the Florida Medicaid program under the following terms and conditions: (1) Discrimination. The parties agree that the Agency for Health Care Administration(AHCA) may make payments for medical assistance and related services rendered to Medicaid recipients only to a person or entity who has a provider agreement in effect with AHCA; who is performing services or supplying goods in accordance with federal, state, and local --taw,-and-who agrees-that-noperson-shafF-on-the-grounds-of-se , handicap-, race; color;-natronat or4n,,-other-insurance or -- for any other reason, be subjected to discrimination under any program or activity for which the provider receives payment from AHCA. (2) Quality of Service. The provider agrees that services or goods billed to the Medicaid program must be medically necessary, of a quality comparable to those furnished by the provider's peers, and within the parameters permitted by the provider's license or certification. The provider further agrees to bill only for the services performed within the specialty or specialties designated in the provider application on file with AHCA. The provider must deliver the services or goods to eligible Medicaid recipients to receive payment from AHCA. (3) Compliance. The provider agrees to comply with local, state, and federal laws, as well as rules, regulations, and statements of policy applicable to the Medicaid program, including the Medicaid Provider Handbooks issued by AHCA. (4) Term and signatures. The parties agree that this is a voluntary agreement between AHCA and the provider, ,in which the provider agrees to furnish services or goods to Medicaid recipients. Provided that all requirements for enrollment are met and remain in effect, this agreement shall remain -in effect for three (3) years from the effective date of the provider's eligibility unless otherwise terminated. This agreement is renewable only by mutual consent. The provider understands and agrees that no AHCA signature is required to make this agreement valid and enforceable. This agreement shall be accepted and entered into by AHCA upon the assignment of a provider number and effective date as provided for herein. (5) Provider Responsibilities. The Medicaid provider shall: (a) Possess at the time of the signing of the provider agreement, and maintain in good standing throughout the period of the agreement's effectiveness, a valid professional, occupational, facility or other license appropriate to the services or goods provided, as required by law. (b) Keep, maintain, and make available in a systematic and orderly manner all medical and Medicaid -related records as AHCA requires for a period of at least five (5) years. (c) Safeguard the use and disclosure of information pertaining to current or former Medicaid recipients as required by law (d) Send, upon request or as required by applicable handbooks and at the provider's expense, legible copies of all Medicaid -related information to authorized state and federal employees, including their agents. The provider shall give state and federal employees, including their agents, access to all Medicaid patient records and to other information that is inseparable from Medicaid -related records. (e) Bill other insurers and third parties, including the Medicare program, before billing the Medicaid program, if the recipient is eligible for payment for health care or related services from another insurer or person. (f) Refund any moneys received from the Medicaid program in error or in excess of the amount to which the provider is entitled within 90 days of receipt. MPA Institutional Revised February 2007 1 of 3 (g) Be liable for and indemnify, defend, and hold AHCA harmless from all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligence or omissions of the provider in the course of providing services to a recipient or a person believed to be a recipient to the extent allowed by in and accordance with section 768.28, F.S. (2001), and any successor legislation. (h) Accept Medicaid payment as payment in full, and not bill or collect from the recipient or the recipient's responsible party any additional amount except to the extent AHCA permits or requires, co -payments, coinsurance, or deductibles will recipients' pay for the services or goods provided. This includes situations in which the provider's Medicare coinsurance claims are denied in accordance with Medicaid's payment. (i) Submit claims to AHCA electronically and to abide by the terms of the Electronic Claims Submission Agreement. 0) Receive payment from AHCA by Electronic Funds Transfer (EFT). in the event that AHCA erroneously deposits funds to the provider's account, then the provider agrees that AHCA may withdraw the funds from the account. (k) Comply with all of the requirements of Section 6032 (Employee Education About False Claims Recovery) of the Deficit Reduction Act of 2005, if the provider receives or earns five million dollars or greater annually under the State plan. (6) AHCA Responsibilities. AHCA: (a) is required to make timely payment at the established rate for services or goods furnished to a recipient by the provider upon receipt of a properly completed claim. (b) Will not seek repayment from the provider in any instance in which the Medicaid overpayment is attributable solely to error in the state's determination of eligibility of a recipient. (7) Termination For Convenience. This agreement is terminable upon thirty (30) days written notice with or without cause by either party. (8) Ownership. The provider agrees to give AHCA sixty (60) days written notice before making any change in ownership of the entity named in the provider agreement as the provider. The provider is required to maintain and make available to AHCA Medicaid -related records that relate to the sale or transfer of the business interest, practice, or facility in the same manner as though the sale or transaction had not taken place, unless the provider enters into an agreement with the purchaser of the business interest, practice, or facility to fulfill this requirement. Nursing facilities have the option to assign this agreement to the new provider as a result of sale, lease, or any other change in operational ownership subject to all terms and conditions under which the agreement was originally issued. in the event of a change in Hospital ownership, the new provider agrees to assume all liabilities due from previous providers to the agency, regardless of when the liabilities are identified, in order to participate in the Medicaid program. (9) Complete Information. The provider is required to furnish true and complete statements and information to AHCA before signing the provider agreement. The provider is obligated to inform AHCA in writing of any change in the statements and information prior to the change. The filing of a materially incomplete, misleading or false application will make the application and agreement voidable at the AHCA's option and is sufficient cause immediate termination of the provider from the Medicaid program and/or revocation of the provider's number. (10) Interpretation. When interpreting this agreement, it shall be neither construed against either party nor considered which party prepared the agreement. (11) Governing Law. The parties consent to governance by and interpretation of their agreement in accordance with the State of Florida's laws. (12) Amendment. This agreement, application and supporting documents constitute the full and entire agreement and understanding between the parties with respect to their relationship. No amendment is effective unless it is in writing and signed by each party. (13) Severability. if one or more of the provisions contained in this agreement or application are declared invalid, then the other provisions remain valid. MPA institutional Revised February 2007 2 of 3 (14) Agreement Retention. The parties agree that AHCA may only retain the signature page of this agreement, and that a copy of this standard provider agreement is maintained by the Director of Medicaid, or his designee, and reproduced as a duplicate original for any purpose and usable as evidence in any legal proceeding. (15) Funding. This contract is contingent upon the availability of funds. (16) Assignability, The parties agree that neither may assign their rights under this agreement without the express written consent of the other. THE PARTIES CONCUR THAT THIS AGREEMENT IS A LEGAL AND BINDING DOCUMENT AND IS FULLY ENFORCEABLE IN A. COURT OF COMPETENT JURISDICTION. THE SIGNATORY REPRESENTS THAT HE OR SHE HAS READ THE AGREEMENT, UNDERSTANDS IT, AND IS AUTHORIZED TO EXECUTE IT ON BEHALF OF HIS OR HER RESPECTIVE PRINCIPALS. IN WITNESS WHEREOF, the undersigned representative of the above executed this agreement under the penalty of perjury and now affirms that the foregoing is true and correct. Mario DiGennaro Mayor - "' July 18, 2007 (legibly print name of signatory) Title Signature Date MONROE COUNTY A.TT:";PNEY APPRPVED Az,: T. lzOR . v F Gi THIA L a . ASSISTANT COUPS VEY Date' Please Complete The Following Information: Provider's Name: Bayshore Manor DBA Name: Tax Identification Number: k� - b Doc),-' Florida Medicaid Identification Number: 140159900 (For new applicants the Medicaid ID will be sunolied by the fiscal agent unnn annrnval nf tho National Provider Identifier: (Required) Taxonomy Code: (Optional) Effective Date of This Agreement: Termination Date of This Agreement: 9/1 /2007 8/31/2010 MPA Institutional Revised February 2007 1 of 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 07/21/2010 Division: Community Services Bulk Item: Yes x No _ Department: Social Services Staff Contact Person/Phone #: Sheryl Graham 305-292-4510 AGENDA ITEM WORDING: Approval of Modification #001 to the Weatherization Assistance Program, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP), Contract# IOWX-7X-11-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. ITEM BACKGROUND: Approval of Modification #001 to the ARRA WAP Contract #IOWX-7X-11-54-01-719 will increase the initial contract allocation by $7,056.80 from $417,460.39 to a new allocation amount of $424,517.19. The 2010 WAP Capacity Agreement, #IOWX-7X-11-54-01-319 has been closed out and the balance of the unspent funding has been de - obligated. These unspent funds are being amended into agreement #I OWX-7X-1 1-54-01-719. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 4/21/10 for amendment #001 to the Weatherization Assistance Program sub -grant Agreement #IOWX-7X-1 1-54- 0 1 -719 and prior approval by the BOCC on 3/17/2010 for the Weatherization Assistance Program sub - grant Agreement # 1 OWX-7X-11-54-01-719. CONTRACT/AGREEMENT CHANGES: To increase the contract amount by $7,056.80. STAFF RECOMMENDATIONS: Approval TOTAL COST: $424,517.19 BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: 0.00 (cost reimbursement grant) SOURCE OF FUNDS: GRANT FUNDS REVENUE PRODUCING: Yes o X AMOUNT PER MONTH Year APPROVED BY: County Atty rchasing Risk Management DOCUMENTATION: Inclu ed X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: WAP (DCA) Contract: # IOWX- 7X-11-54-01-719 Effective Date: 04-01-10 Expiration Date: 2-15-11 Contract Purpose/Description: Approval of Modification 001 to the current Weatherization Assistance Program (WAP) federally funded Sub -grant Agreement Number IOWX-7X-11-54-01-719 between Monroe County Board of County Commissioners and the State of Florida, Department of Community Affairs (Name) For BOCC meeting; on 07/21/2010 (Ext.) (Department/Stop #) Agenda Deadline: 07/06/10 CONTRACT COSTS Total Dollar Value of Contract: $424,517.19 Current Year Portion: $_ Budgeted? Yes X No Account Codes: _125-6155711 - - County Match: NA - - - - Additional Match: 0 - - - Total Match $0 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Changes _ Date Out D to In Nee Reviewer I Division Director /C Yes t � , C, Risk Manag enter Yes . .B 1� O./P chasing Yes j No `f j County Attorney 6//0Yes Not r Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT NO.: IOWX-7X-11-54-01-719 MODIFICATION NO.: 001 MODIFICATION OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)1 WEATHERIZATION ASSISTANCE PROGRAM (WAP) AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (`the Department"), and Monroe County Board of County Commissioners ("Recipient") to modify DCA Contract Number 10WX-7X-11-54-01-719 ("the Agreement'). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a subgrant of $417,460.39 to the Recipient. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Paragraph (17)(a) FundinaConsideration is hereby modified to read as follows: This is a cost -reimbursement Agreement. The Recipient's 2010 ARRA WAP Capacity Agreement, contract number IOWX-7X-11-54-01-319 has been closed -out and the balance of unspent funding has been de -obligated. These de -obligated funds are being amended into this Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $424,517.19 subject to the availability of funds. A. $417,460.39 Current FFY 2010-201 1 ARRA WAP Contract initial allocation B. $7,056.80 Increase for FFY 2010-2011 ARRA WAP Contract initial allocation 2. 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 execution of this Modification by both parties. 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. IN WITNESS THEREOF, the parties hereto have executed this document as of the dates set out herein. MONROE COUNTY BOARD STATE OF FLORIDA OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY AFFAIRS RECIPIENT By: By: Mike Richardson, Assistant Secretary and Acting Division Director, Housing and Community Development (Type Name and Title Here) Date: Date: Federal Identification Number r. ATTACHMENT 1 COUNTY ALLOCATIONS The financial allocation specified for each county by program is designated to be spent in that county. For recipients of funds designated for more than one county, in the event that circumstances will not allow the full expenditure of any program funds allocated to a particular county, a request to expend any part of those funds in another county must be submitted in writing to the Department. This request must justify the lack of need of program services in that county. Funds may not be expended in another county without prior written approval of the Department. COUNTY ALLOCATION Monroe $424,517.19 33 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meetinc, Date. 04/21,;2010 Division: Countv Administration Bulk Item: Yes X No Department: Social Services Staff Contact Person: Sheryl Graham x45 10 AGENDA ITEM WORDING: Approval of Amendment #001 to the Weatherization Assistance Prot. -ram, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP), Contract# I OWX-7X- 11-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. ITEM BACKGROUND: Approval of Amendment #001 to the ARRA WAP contract will revise the estimated production goals Page 16, Attachment A, Scope of Work of the prior approved ARRA WAP contract# I OWX-7X- 11-54-01-719. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 3/17/12010 for the Weatherization Assistance Program sub -grant Agreement #IOWX-7X-1 1-54-01-719. CONTRACT/AGREEMENT CHANGES: Revision to Attachment A, Scope of Work, page 16 of current contract relating to the estimated production goals. STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 417,460.39 COST TO COUNTY: $0 BUDGETED: Yes X No SOURCE OF FUNDS: Grant funds REVENUE PRODUCING: Yes N/A No AMOUNT PER: MONTH: YEAR: AFrKV V EM 15 Y: 1,,ounty Any. t-- uTy:err rurcriasing I'QSK management DOCUMENTATION: Included X Not Required_ To Follow DISPOSITION: AGENDA ITEM # Re% ised 3.06 I FEDERALLY -FUNDED WEATHERIZATION ASSISTANCE PROGRAM A'*IERICAN RECOVERY AND REINVESTMENT ACT SUBGRANT AGREEMENT Contract Number. IOWX-7X-11-54-01-7I9 AMENDMENT 001 ATTACHMENT A SCOPE OF WORK AND BUDGET SCOPE OF WORK H. The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to perform an inspection of 100% of the client files for all completed dwellings to be submitted in a production period. A client file that is not in compliance will not be included in the monthly production report. Non -compliant client tiles must have corrective action completed and be re -inspected for compliance before being submitted on the monthly report. I. The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to review for accuracy the Client Intake Form and Building Work Report data that is entered into the agency's monthly reimbursement request via the eGrants reporting system. No request for reimbursement may be submitted until all Client Intake and Building Work Report data has been confirmed for accuracy. J. The Recipient will provide the following per month estimated Production Goals for the Agreement period. March 2010 _0_ April 2010 _3 May 2010 _4_ June 2010 _4_ July 2010 _6_ August 2010 September 2010 _6_ October 2010 _6_ _6_ November 2010 December 2010 _6_ January 2011 _6_ _6_ February 2011 _6_ Total Production 59 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth below. Monr ounty a d of J_ r f' uthorizeyf ignature) Sylvia Murphy, (Print Name) Title: Mayor_ DEPARTMENT OF isioners APR 2 1 2010By: S Ty Title: Director, Division of Housing and Community Development ,jRW t» tiO..K�� 1 i Y�:L iso` �q ry �y veswrt �y 1M C"`11 AFFAIRS Page 16 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY U Contract with: WAP (DCA) Contract: # IOWX- -X- 11-54-01 -7 19 Effective Date: 04-01-10 Expiration Date: 2-15-11 Contract Purpose/Description: Approval of amendment 001 to the current Weatherization Assistance Program (WAP) federally funded Sub -grant Agreement Number I OWX-'/ X- 11-54-01-719 between Monroe County Board of County Commissioners and the State of Florida., Department of Community Affairs. Contract Manager: Sheryl Graham f1 / I 1() 4510 Social Servicest Stop I UA, (Name) r(Ext.) (Departmenti Stop For BOCC meeting on 04/211/2010 Agenda Deadline: 04/06/10 CONTRACT COSTS Total Dollar Value of Contract: 417,460.39 Current Year Portion: S Budgeted? Yes X No Account Codes: —April OMB resolution County Match: NA Additional Match: 0 Total Match $0 ADDITIONAL COSTS Estimated Ongoing Costs: S /yr For: i Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Changes Date Out Division Director,/`IYes Date In Needed i No Reviewei- -Z i Risk Management 'k,g O.M.B./Pur asin County Attorney Yes No Yes No 7 Yes No 4 Comments: t).� i tit, norm Kevisea z,,z /,,ui i;z BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7-21-2010 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 007 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 7/1/09 to 6/30/10. ITEM BACKGROUND: Approval of Amendment #007 to CCE contract #KC-971 will increase the amount of the contract by $12,532.00 from $519,355.00 to $531,887.00. This unprecedented offer of additional funding on the last day of the contract required immediate signature. In order to save the taxpayers of Monroe County $12,532.00 which would normally have come from the General Fund as cash match, Mayor Sylvia J. Murphy was required to approve and execute said document on 6-30- 2010, before it expired. PRE`'IOUS RELEVANT BOCC ACTION: Prior approval granted for Amendment #006 to CCE Contract #KC-971 on 6-16-10. CONTRACT/AGREEMENT CHANGES: Increase in funding in the amount of $12,532.00. STAFF RECOMMENDATIONS: Approval TOTAL COST: $531,887.00-Full Contract Amount INDIRECT COST: -0-BUDGETED: Yes X No COST TO COUNTY: No additional match for this amendment. 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 01/ Year approx. $30,000.00 APPROVED BY: County Atty OMB/Purchasing X Risk Management _X_ 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 Amendment 007 to contract # KC- 971 Effective Date: June 30, 2010 Expiration Date: June 30, 2010 Contract Purpose/Description: Approval of Amendment 007 to the Community Care for the Elderly (CCE) Contract #KC-971 will increase the amount under contract by $12,532.00 from $511,160.00 to $531,887.00 Contract Manager: Sheryl Graham 4510 Social Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 7/21/2010 Agenda Deadline: 7/6/2010 CONTRACT COSTS Total Dollar Value of Contract: $531,887.00 Budgeted? Yes X No Account Codes: Grant: $519,355.00 (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. No additional match for this amendment. Estimated Ongoing Costs: $ (Not included in dollar value above) Current Year Portion: $ 125-6153809 - ADDITIONAL COSTS /yr For: (eg. Maintenance, utilities etc) CONTRACT REVIEW Changes Date Out Division Director Risk Management(® O. .B.' urchasing County Attorney De j .::-t(a Ne ----viewe Yes No Yes ( No Yes 'No Yes Nod _ ` W r Comments: OMB Form Revised 2/27/01 MCP #2 Amendment 007 CONTRACT KC 971 Page I 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 $ 12,532 from $519,355 to $ 531,887. ?ccount. 1 This amendment shall begin on June 29, 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 I -page amendment to be executed by their undersigned officials as duly authorized. PROVIQER: 14 RM Z 001-:8,141 :9_1110f NAME: TITLE: Mayor 6-30-2010 NED BY: Max B. Rothman, !11:9 Amendment 006 CONTRACT KC 971 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. 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 ALLIANCE FOR AGING, INC. Commissioners. SIGNED BY: NAME: Sylvia J. Murphy Mayor TITLE: DATE: SIGNED BY: NAME: Max B. Rothman, JD, LL.M. TITLE: DATE: President & CEO BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Counter Administration 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 was one change order considered and approved by the County Administrator for the period beginning June 1, 2010 and ending June 30, 2010, and no change order requests denied by Project Management or Engineering Services. PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non -cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. 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 W 2 O W 0 z a V W U U. W 0 Yl O V) M M a z 0 0 U W H m 0 W W 0 z U E C oC W 0 Q U) C �Z V i E 0 z O E 0 u '° 0 N N 0 O �o c � � a O z a O V Er O O o�d a � OO a n O O O �O MONROE COUNTY ENGINEERING CONTRACT CHANGE ORDER PROJECT TITLE: Geiger Creek Bridge Repair Design Build Project TO CONTRACTOR: The Contract is changed as follows: CHANGE ORDER NO: 1 INITIATION DATE: 6111/10 CONTRACT DATE: 1/20/2010 The original Contract Sum........................................................................$871,983.00 Net change by previously authorized Change Orders .....................................$ 0.00 The Contract Sum prior to this Change Order was.........................................$871,983.00 The Contract Sum will be unchanged by this Change Order .............................$ 0.00 The new Contract Sum including this Change Order is...................................$871,983.00 The Contract Time will be increased by ...................................................... 65 Days The date of Substantial Completion as of the date of this Change Order is ....... 8/21/2010 Detailed description of Change Order and justification: Contractor was delayed as a result of unanticipated time frame for the permitting process therefore changing the date of Substantial Completion from 6/16/10 to 8/21/10. This Change Order is % of the original contract price. Not Applicable. Not valid until signed by Owner, Architect (if applicable), and Contractor CONTRACTOR: ENGINEERING SERVICES DIRECTOR: PUBLIC WORKS DIVISION DIRECTOR: 6/ l /lo Dent Pierce IDate COUNTY/DEPUTY ADMINISTRATOR: X-/tc 61,1111, CMD007-11 /03/97 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7OD-010-56 CONTRACTOR'S TIME EXTENSION REQUEST CONSTRUCTION 11196 Page 1 of 2 Date:///1) Time Extension Request No. 2 b / O — / (Year -Sequential Number) To: Resident Engineer. AiiCAND C04Jyt77n/4 INC- (Name) From: Contractor. Sr9I,1(.7v1L4L MU* -SA; 21,h471vN-rV-C7Ltr-4-S 44C. (Company Name) Subject: Time Extension Request Project No. Contract No. APM 7J- Financial Project ID Y.2 G 35T-/-S'8 O / I. Reason For Request A. Type of Delay (Check appropriate box) ❑ Plan/Design Error ❑ DOT Response Time ❑ Extra work ❑ Utility Delay ❑ Material Acquisition ❑ Special Events ❑ Local Requirements ❑ Maintenance of Traffic ❑ Conflicts 14 Miscellaneous B. Describe Delay: THE PAR �T e11 //Af 7w Kew Co •v4 eR 7-;14.,1 II. Controlling Items Affected (List items and dates affected) Controlling Item ,P,eRA4 /T 111. Amount of Added Time Requested: Work Items Requiring Added Time r Total Additional Contract Time Requested IV. Added Comments: Date(s) 7/3 //O 6 . f/0 Days Requested S DA YS 700.010.0 CONSTRUCTION 11f88 Page 2 of 2 .45 PA^re T44^1.f ,461.0 4--rr77."4 7-e-D O v,4 ev 7-1774!.X 77yV�n- CKe�K 8e,,ffl64- R,' '.JMe470^1 Awl i l 1 7-4 KK 90 PAYS 7a Co ,W,occ-re- CoeJf'?-A vc7O w Signature: (Contractor) Position in Company: "4-ZT I-1114w4d el'- .rkr MEMORANDUM TO: Board of County Commissioners From: Debbie Frederick Deputy County Administrator Date: June 18, 2010 RE: Change Order Attached is a proposed change order for the Geiger Creek Bridge Repair. (Change Order #1 is for the contract time to be increased by 65 days.) According to the ordinance adopted by the Board of County Commissioners, proposed change orders are to be presented to members of the Board of County Commissioners prior to approval, assuming they are within the Administrator's prescribed limits. Change orders not within the Administrator's authority are placed on the BOCC agenda. The Administrator intend7toapprove this ch ge order on Monday, June 21, 2010. Cl� �-- ebbie Frederick Deputy County Administrator DF:cac Campo-Abra From: Cyr -Connie Sent: Friday, June 18, 2010 4:19 PM To: County Commissioners and Aides Cc: Campo-Abra Subject: Change Omer Attachments: Change Order.PDF Please see the attached change order. Connie Cyr Aide to the Coll ntli Adnlillistrutor I100 Silnolltoll Street. Suite 2-20 hey West. FL J3040 305-292-4443 3Q3-292-4544 F(lx Cur-connieCo)monroecotlnty fl.aov BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Employee Services Bulk Item: Yes X No _ Department:, Employee Benefits Staff Contact Person/Phone #: Maria Fernandez -Gonzalez Ext. 4448 AGENDA ITEM WORDING: Approval of updated Business Associate Agreements with Horizon Health EAP Services consistent with the standards set forth in regulations and administrative guidance with respect to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), including as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XIII Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (HITECH Act). ITEM BACKGROUND: HIPAA 1996 required Business Associate Agreements between health care providers effective April 2003. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: Updated Business Associate Agreement. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No Q APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 7/09 AMOUNT PER MONTH Year O urchasing Not Required Risk Management AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Horizon Behavioral Services, Inc. CONTRACT SUMMARY Contract # Effective Date:June 1, 2010 Expiration Date:Ma�31, 2013 Contract Purpose/Description: Business Associate Agreement with EAP Provider, Horizon. f Contract Manager:Maria Fernandez- 4448 Gonzalez (Name) (Ext.) (Department) for BOCC meeting on July 21, 2010 Agenda Deadline: July 6 CONTRACT COSTS Total Dollar Value of Contract: $33,696.00 * Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 502-08002-530340- Grant: $N/A County Match: $N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: - (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. Date In Division Director �-ago Risk Manag ent �-J)AJ O.M.B./Pur asi5ng � -Z3-10 County Attorney CONTRACT REVIEW Changes Needed Yes❑ Nod Yes❑ No[a Yes❑ Nol� Yes❑ Date Out Comments: * No incremental cost for this Business Associate Agreement. v ..aai • v.... ♦".-111- 11 . if " - Vl �tL C UNTY So�MONROE KEY WESTLORIDA 33040 (305)294-4641 BOARD OF COUNTY COMMISSIONERS .__ Mayor Sylvia 3. Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Office of the Employee Services Division Director 'rhe Historic Cato Cigar Factory 3100 Simonton Street, Suite 268 ��► Rey West, FL :3:3040 in _ (305) 292- 4,58 — Phone (305) 292-4364 - Fax k_ TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Directo# L' t- DATE: June 22, 2010 SUBJ: Business Associate Agreement to comply with the HITECH Act Under the Health Information Portability and Accountability Act (HIPAA) privacy and security standards, business associates must comply with certain minimum requirements. Business associates include administrative service providers, producers and other third parties that provide services to health plans. The Health Information Technology for Economic and Clinical Health Act (HITECH Act) was signed into law as part of the American Recover and Reinvestment Act (ARRA). The Act requires business associates to notify covered entities of any breach of unsecured protected health information and requires compliance with new security privacy and security standards that apply to electronic protected health information under the HIPAA Security Rule. The Business Associate Agreement confirms that the contracted party is in compliance with the newly enacted HITECH Act and is therefore recommended that the BOCC approve this item. If you have any questions, please do not hesitate to contact me at X4458. Business Associate Agreement This BUSINESS ASSOCIATE AGREEMENT (the "Agreement") is entered into by and between Monroe County Board of County Commissioners (hereinafter the "Group Health Plan"), and (hereinafter the "Business Associate), as of the latest of the execution dates set forth below in Section VI 1. I. General Provisions A. Purpose. Business Associate has been retained by Group Health Plan to perform certain plan -related functions, activities, or services (collectively, "Services") on behalf of its Group Health Plan that is part of the Plan Sponsor's organized Health Care Arrangement. These Services are indentified in the service agreement between the parties ("Service Agreement"). The terms and provisions of this Agreement are incorporated in and shall supersede any conflicting or inconsistent terms and provisions of any other agreement, including without limitation the Service Agreement, to which Business Associate and Group Health Plan are parties, including all exhibits or other attachments thereto and all documents incorporated therein by reference. This Agreement is intended to ensure that the Business Associate will establish and implement appropriate privacy and security safeguards with respect to "Protected Health Information" (as defined below) that the Business Associate may create, receive, use, or disclose in connection with the Services to be provided by Business Associate to Group Health Plan or Plan Sponsor, consistent with the standards set forth in regulations and administrative guidance with respect to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), including as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 ("HITECH Act"). B. Effective Date. The provisions of this Agreement shall take effect on C. Definitions. Capitalized terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Privacy and Security Rules. Other defined terms include: 1. "Breach" shall have the meaning given such term in 45 C.F.R. §164.402, 2. "Designated Record Set" shall have the meaning given such term in 45 C.F.R. §164.501. 3. "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected health information" in 45 C.F.R. §160.103. 4. "Individual" shall have the same meaning given such term under 45 C.F.R. §160.103, and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. §164.502(g). 5. "Privacy Rules" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, subparts A and E. 6. "Protected Health Information" (or "PHI") shall have the meaning given to such term in 45 C.F.R. §160.103, limited to the information created or received by Business Associate from or on behalf of Group Health Plan. 7. "Required By Law" shall have the same meaning given to such term in 45 C.F.R. §164.103. Page 1 of 9 8. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services ("HHS") or his designee. 9. "Security Incident" shall have the same meaning given to such term in 45 C.F.R. §164.304. 10. Health Information at 45 C.F.R. Part 160 and Part 164, subpart C. 11. "Unsecured Protected Health Information" shall have the same meaning given to such term in 45 C.F.R. § 164.402. 12. "Security Rules" means final regulations issued by the Secretary governing the security of electronic PHI by covered entities contained in 45 C.F.R. parts 160, 162 and 164. II. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE A. Scope of Use and Disclosure of Protected Health Information. Business Associate agrees to not use or further disclose PHI other than as permitted or required by this Agreement or as Required By Law. B. Safeguard Against Misuse of Information. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. Furthermore, Business Associate will implement administrative, physical, and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Group Health Plan as required by the Security Rules. To the extent practicable, Business Associate will secure all Protected Health Information by technological means that render such information unusable, unreadable, or indecipherable to unauthorized individuals and in accordance with any applicable guidance issued by the Department of Health and Human Services under Section 13402 of the HITECH Act. C. Duty to Mitigate. Business Associate agrees to cure or mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate or its agents or subcontractors in violation of the requirements of this Agreement. D. Reporting of Violations. Business Associate agrees to notify the Group Health Plan, in writing, of any use or disclosure of the PHI not provided for by this Agreement, any Security Incident, and any Breach of Group Health Plan's Unsecured Protected Health Information. This notification will be made within thirty (30) business days after the discovery of the use, disclosure, Security Incident, or Breach. In the event of a Breach, if a delay is requested by law enforcement under 45 C.F.R. §164.412, Business Associate may delay notifying the Group Health Plan for the applicable timeframe. This notification will include, to the extent possible, the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by the Business Associate to have been, accessed, acquired used or disclosed during the Breach. Business Associate will also provide the Group Health Plan with any other available information that the Group Health Plan is required to include in its notification to the individual under C.F.R. §164.404(c) at the time of the initial notification or promptly thereafter as the information becomes available. E. Use or Disclosure to Subcontractors. Business Associate shall ensure that any subcontractor or agent to whom it provides PHI received from, or created or received by Business Associate on behalf of, Group Health Plan agrees to implement reasonable and appropriate safeguards to protect the Group Health Plan's PHI. In turn, Business Associate agrees to ensure that any such subcontractor or agent agrees, in writing, to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. Business Associate shall provide copies of such agreements to Plan Sponsor upon request. F. Access, Amendment, and Accounting Responsibilities. In a mutually agreeable time and manner, the Business Associate agrees to provide access to the PHI that it maintains in Designated Record Sets to the Group Health Plan, or Page 2 of 9 to the Individual to whom the PHI relates in accordance with 45 C.F.R. §164.524. Business Associate shall have the right to charge the Individual a reasonable, cost -based fee, as permitted by 45 C.F.R. §164.524. The Business Associate further agrees to document any disclosures of PHI if requested by the Group Health Plan in accordance with 45 C.F.R. §164.528, and to provide such documentation to the Group Health Plan as it may request from time to time. Furthermore, at the request of the Group Health Plan, the Business Associate agrees to make amendments to PHI that it maintains in a Designated Record Set as directed by the Group Health Plan and to incorporate any amendments to PHI in accordance with 45 C.F.R. §164.526. Business Associate assumes no obligation to coordinate the provision of PHI maintained by other business associates of the Group Health Plan. Notwithstanding the foregoing, the Group Health Plan will not request that the Business Associate use or disclose PHI in any manner that would not be permissible under the Privacy rule if such disclosure or use were done by the Group Health Plan itself. G. Electronic Data Interchange. Inasmuch as Business Associate transmits or receives Transactions (as that term is defined in 45 C.F.R. §160.103) on behalf of Group Health Plan, Business Associate shall comply with any applicable provisions of the Electronic Data Interchange Requirement (as set forth in 45 C.F.R. parts 160 and 162) and shall ensure that any subcontractors or agents that assist Business Associate in conducting Transactions on behalf of Group Health Plan agree in writing to comply with the Electronic Data Interchange Requirements. H. Availability of Books and Records. For purposes of the Secretary determining the Group Health Plan's compliance with the Privacy Rules, Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI relating to the use and disclosure of PHI received from, or created or received by the Business Associate on behalf of the Group Health Plan available (i) to the Group Health Plan in a mutually agreeable time and manner, or (ii) to the Secretary in the manner designated by the Secretary. I. HITECH Act Business Associate Agreement Requirements. The parties intended for this Agreement to satisfy the requirements of sections 13401 (a) and 13404 (a) of the HITECH Act that specified security and privacy provisions requirements be incorporated into business associate agreements. This Agreement shall be interpreted in a manner consistent with this intention. III. OBLIGATIONS AND ACTIVITIES OF GROUP HEALTH PLAN A. Obligations of Group Health Plan. Group Health Plan shall inform Business Associate with respect to the following privacy practices and restriction: 1. Group Health Plan shall provide Business Associate with a copy of the notice of privacy practices that Group Health Plan approves/produces and has distributed in accordance with 45 C.F.R. §164.520, as well as any changes to such notice. Furthermore, Group Health Plan shall specifically notify Business Associate of any limitation(s) in its notice of privacy practices to the extent that such limitation(s) may affect Business Associate's use or disclosure of PHI. 2. Group Health Plan shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose PHI, if such changes affect Business Associate's permitted or required uses or disclosures as set forth in this Agreement or the Service Agreement. 3. Group Health Plan shall notify Business Associate within five (5) business days of any restriction to the use or disclosure of PHI requested by an Individual in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. In turn, due to the wide variety of services and clients of Business Associate, Business Associate has limited capacity to comply with special privacy restrictions requested by Individuals. Accordingly, Group Health Plan agrees that it will only accommodate such requests to the extent required by 45 C.F.R. §164.522(b)(1)(ii). Page 3 of 9 4. Group Health Plan shall notify Business Associate in advance of the time and manner in which Business Associate must comply with requests by Group Health Plan with respect to any of the obligations and activities of Business Associate set forth above in Section II, and in all events such times and manners shall be reasonable. 5. The parties acknowledge and agree that the Privacy Rules allow Group Health Plan to permit Business Associate to disclose or provide access to PHI to Plan Sponsor only after Plan Sponsor has amended its plan documents to provide for the permitted and required uses and disclosures of PHI and to require Plan Sponsor to provide a certification to Group Health Plan that certain required provisions have been incorporated into Group Health Plan's plan documentation before Group Health Plan may disclose, either directly or through a business associate any PHI to Plan Sponsor. Group Health Plan hereby warrants and represents that Group Health Plan's plan documentation has been or will be amended and that Group Health Plan has or will have received such certification from Plan Sponsor no later than the Effective Date of this Agreement. 6. Business Associate acknowledges and agrees that the Privacy Rules allow Group Health Plan to permit Business Associate to disclose or provide access to PHI to only those employees or other persons (including third parties) under the control of Plan Sponsor who are described by name or position in Group Health Plan's plan documentation as the persons who are given access to PHI solely to carry out plan administration functions that Plan Sponsor performs for Group Health Plan. Accordingly, notwithstanding any other terms and conditions of this Agreement, to the extent that the fulfillment of its obligations under this Agreement requires Business Associate to disclose or provide access to PHI to Plan Sponsor or any employees or other persons (including third parties) under the control of Plan Sponsor, Business Associate shall make such disclosure of or provide such access to PHI on as follows: a) Business Associate shall disclose or make available PHI at the direction or Group Health Plan to only the following employees or other persons (including third parties) identified in Group Health Plan's plan documentation and under the control of Plan Sponsor solely for the purpose of carrying out the plan administration functions that Plan Sponsor performs for Group Health Plan (list each person by position): Benefits Manager Benefits Manager Designee Claims Processors Group Health Plan agrees to promptly notify Business Associate in writing of changes to the above list. Business Associate is authorized to rely on the information provided by Group Health Plan. b) It is acknowledged and agreed that the Privacy Rules require Group Health Plan to maintain policies and procedures to ensure that any PHI that it uses, requests, or discloses be no more that the minimum necessary to accomplish the intended purposes. Group Health Plan hereby warrants and represents that any requests for Plan Sponsor will be for no more than the minimum amount necessary for the intended purpose. c) Business Associate shall provide PHI to other business associates who assist in administering Group Health Plan and are authorized by Group Health Plan to receive such information for the purpose of facilitating plan administration. Such parties may include, but are not limited to, consultants, brokers, auditors, successor administrators or insurers, and stop -loss carriers. Group Health Plan shall enter into and maintain a written agreement with each agent and subcontractor or other third party to which it directs Business Associate to disclose PHI under which such agent, subcontractor, or other third party is legally bound by the same restrictions with respect to PHI that apply to Business Associate pursuant to this Agreement. B. Permissible Requests by Group Health Plan. Group Health Plan shall not request Business Associate to use, disclose, or handle PHI in any manner that would not be permissible under the Privacy and Security Rules if done by the Group Health Plan, except for the data aggregation or management and administrative activities of the Business Associate. Page 4 of 9 IV. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE A. General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Group Health Plan or Plan Sponsor as specified in this Agreement, provided that such use or disclosure would not violate the Privacy and Security Rules if done by Group Health Plan, or the minimum necessary policies and procedures of the Group Health Plan. B. Specific Use and Disclosure Provisions. Business Associate will make reasonable efforts to use, disclose, and to request only the minimum amount of the Group Health Plan's PHI necessary to accomplish the intended purpose of the use, disclosure or request, except that Business Associate will not be required to comply with this minimum necessary limitation if neither Business Associate nor the Group Health Plan is required to limit its use, disclosure or request to the minimum necessary. Business Associate and the Group Health Plan acknowledge that the phrase "minimum necessary" shall be interpreted in accordance with the HITECH Act. 2. Except as otherwise limited in this Agreement or in the Service Agreement, specific examples of permitted use or disclosure of PHI by Business Associate on behalf of, or to provide Services to, Group Health Plan and Plan Sponsors may include, but are not limited to: a) To enroll or disenroll participants and beneficiaries in and/or confirm or not confirm enrollment (as determined by the plan administrator of Group Health Plan) of participants and beneficiaries for coverage under Group Health Plan. (Note that only enrollment/disenrollment information may be used by Business Associate to provide these services to Plan Sponsor unless Plan Sponsor satisfies its obligations under Section II.A.6). b) To assist Plan Sponsor with respect to certain specific plan administration functions, such as claims processing, quality assurance, auditing of the Group Health Plan, medical review, precertification, and coordination with carve -out health plans (such as vision and dental). For purposes of this section, claims processing shall include investigating, auditing, and otherwise administering and facilitating the payment of Group Health Plan claims from the payers of such claims (including, but not limited to, providing assistance to participants and beneficiaries, the coordination or benefits, determination of cost sharing amounts, and subrogation of health benefit claims), and obtaining payment on behalf of Plan Sponsor under a contract for stop -loss or reinsurance being utilized with respect to Group Health Plan. (Note that Plan Sponsor must satisfy its obligations under Section III.A.6 before Business Associate can provide these services to Plan Sponsor.) c) To assist Group Health Plan and Plan Sponsor with respect to activities relating to the creation, modification, termination, renewal, or replacement of a contract of health insurance or health benefits, and the ceding, securing, or placing of a contract for stop -loss or reinsurance of risk relating to health care claims. (Note that Summary Health Information may be used to provide these services, even if Plan Sponsor has not satisfied its obligations under Section III.A.6.) Page 5 of 9 3. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. §164.5020)(1). 4. Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of Business Associate or to carry out any present or future legal responsibilities of the Business Associate. 5. Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Group Health Plan as permitted by 42 C.F.R. §164.504(e)(2)(i)(B). C. Applicability. This Agreement applies with respect to any aspect of the Services Agreement that involves the use or disclosure of PHI but only to the extent that the services or transactions of Business Associate are not exempt from HIPAA pursuant to 1179 of the Social Security Act (42 U.S.C. §1320d-8). V. TERM AND TERMINATION A. Term. The term of this Agreement shall commence as of the Effective Date set forth above in Section I.B., and shall terminate when all of the PHI provided by Group Health Plan Entity to Business Associate, or created or received by Business Associate on behalf of Group Health Plan, is destroyed or returned to Group Health Plan, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Section. B. Termination for Cause. Upon Group Health Plan's knowledge of a material breach by Business Associate, Group Health Plan (or, Plan Sponsor, on behalf of Group Health Plan) shall either: 1. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement and the Service Agreement if Business Associate does not cure the breach or end the violation within the time specified by Group Health Plan or Plan Sponsor; 2. Immediately terminate this Agreement and the Service Agreement if Business Associate has breached a material term of this Agreement and cure is not possible; or 3. If neither termination nor cure is feasible, Group Health Plan or Plan Sponsor shall report the violation to the Secretary. C. Effect of Termination. Upon termination of the Agreement, for any reason, Business Associate shall return all PHI received from Group Health Plan, or created or received by Business Associate on behalf of Group Health Plan. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain copies of the PHI. If Business Associate has determined that destroying the PHI is infeasible, it shall provide Group Health Plan an explanation of the conditions that make destruction infeasible. If Group Health Plan and Business Associate mutually agree that destruction of the PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. VI. MISCELLANEOUS Page 6 of 9 A. Regulatory References. A reference in this Agreement to a section in the Privacy and Security Rules means the section as in effect or as amended and for which compliance is required. B. Governing Law. This Agreement shall be construed and enforced according to HIPAA, and any applicable state law to the extent not preempted by HIPAA or other federal law. C. Complete Integration. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, representations, or proposals, whether oral or written, unless expressly incorporated herein, related to the subject matter of the Agreement. Unless expressly provided otherwise herein, this Agreement may not be modified unless in writing signed by the duly authorized representatives of both parties. If any provision or part thereof is found to be invalid, the remaining provisions shall remain in full force and effect. D. Amendment. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Group Health Plan and Plan Sponsor to comply with the requirements of the Privacy and Security Rules, the Health Insurance Portability and Accountability Act, Public Law 104-191, and the H ITECH Act. E. Interpretation. The parties hereto acknowledge and agree that both (i) the rule of construction to the effect that any ambiguities are resolved against the drafting party, and (ii) the terms and provisions of this Agreement, will be construed fairly as to all parties hereto an not in favor of or against a party, regardless of which party was generally responsible for the preparation of this Agreement. Moreover, any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Group Health Plan to comply with the Privacy and Security Rules. In the event of an inconsistency between the provisions of this Agreement and the Privacy and Security Rules, as may be amended from time to time, because of interpretations by HHS, a court, or another regulatory agency with authority over the Parties, the interpretation of HHS, such other court or regulatory agency shall prevail. In the event provisions of this Agreement differ from those mandated by the Privacy and Security Rules but are nonetheless permitted by such rules, the provisions of this Agreement shall control. F. Severability. The parties intend this Agreement to be enforced as written. However, (i) if any portion or provision of this Agreement will to any extent be declared illegal or unenforceable by a duly authorized court having jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, will not affected thereby, and each portion and provision or this Agreement will a valid and enforceable to the fullest extent permitted by law; and (ii) if any provision, or part thereof, is held to be unenforceable because of the duration or such provision, the Group Health Plan and the Business Associate agree that the court making such determination will have the power to reduce the duration of such provision, and/or to delete specific words and phrases, and in its reduced form such prevision will then be enforceable and will be enforced. G. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon the successors and assigns of Group Health Plan and Business Associate. However, this Agreement is not assignable by either party without the prior written consent of the other party, except that Business Associate may assign or transfer this Agreement to any entity owned or under common control with Business Associate. Page 7 of 9 H. No Third Party Beneficiaries. Business Associate and Group Health Plan agree that nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Business Associate, Group Health Plan, and Plan Sponsor, and their respective successors or assigns, any rights, remedies, or obligations or liabilities whatsoever. Headings and Captions. The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and will in no way modify, or affect the meaning or construction of any of the terms or provisions thereof. J. No Waiver of Rights, Powers, and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure there from granted, only by written document executed by the party entitled to the constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or constitute a continuing waiver or consent. K. Indemnification. Business Associate shall indemnify and hold harmless Group Health Plan from and against any and all loss, damage, or expense (including claims of damage or liability) asserted against Group Health Plan by third parties and arising out of (i) the use or disclosure of PHI by Business Associate or its agents or subcontractors other than as provided in this Agreement, or (ii) a breach of Business Associate's representations contained in this Agreement. To the extent allowed by Section 768.28, Florida Statutes, Group Health Plan shall indemnify and hold harmless Business Associate from and against any and all loss, damage, or expense (including claims of damage or liability) asserted against Business Associate by third parties and arising out of (i) the use or disclosure of PHI by Group Health Plan or its agents or subcontractors other than as provided in this Agreement, or (ii) a breach of Group Health Plan's representations contained in this Agreement. L. Notice. All notices, requests, consents, and other communications hereunder will be in writing, and in accordance with the Notice provision of the referenced Services Agreement, M. Survival. The respective rights and obligations of Business Associate under V.C. and VI.K of this Agreement shall survive the termination of this Agreement. N. Counterparts. This Agreement may be executed in two or more counterparts, each of which may be deemed an original. Page 8 of 9 VII. ACKNOWLEDGEMENT AND SIGNATURES The parties acknowledge that they have read this agreement, understand it, and agree to be bound by its terms. Accordingly, in witness whereof, this Agreement is executed by the parties, by their duly authorized representatives as of the date set forth above. BUSINESS ASSOCIATE r Printed Name of Qfficer: 1AgA/ i.1,t P2 Signature: 5U IA Title: VP- &m Date: (o • I 1 2 P I d GROUP HEALTH PLAN Printed Name of Plan Administrator: Signature: Title: Date: MONROE COUNTY ATTORNEY AP O&NTHIAAL.- AS T F R HALL ASSIST JT OUNTY ATTORNEY Date _ �— 020,�1.i. Page 9 of 9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ July 21, 2010 Division: Employee Services Sulk Item: Yes X No Department Employee Benefits Staff Contact Person/Phone #: Maria Fernandez -Gonzalez Ext. 4448 AGENDA ITEM WORDING: Approval of updated Business Associate Agreements with Wells Fargo consistent with the standards set forth in regulations and administrative guidance with respect to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), including as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XIII Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (HITECH Act). ITEM BACKGROUND: HIPAA 1996 required Business Associate Agreements between health care providers effective April 2003. PREVIOUS RELEVANT BOCC ACTION: First Business Associate Agreement between Monroe County and Wells Fargo approved at March 19, 2003 BOCC meeting. CONTRACT/AGREEMENT CHANGES: Updated Business Associate Agreement. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes No SOURCE OF FUNDS: AMOUNT PER MONTH Year APPROVED BY: County Atty -(*7f(urchasing J DOCUMENTATION: Included Not Required DISPOSITION: Risk Management AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Wells Fargo Third Party Effective Date:May 20, 2009 Administrators Expiration Date:May 19, 2012 Contract Purpose/Description:. Updated Business Associate Agreement with Wells Fargo. Contract Manager:Maria Fernandez - Gonzalez (Name) for BOCC meeting on ��1���C� 4448 ,�st�ti�� U��r (Ext.) (Department) Deadline: CONTRACT COSTS Total Dollar Value of Contract: $200,659.00* Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 502-08002-530310- - Grant: $N/A ---- County Match: $N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Revim�r Division Director Jj @Yes❑ No[V� Risk Manage ent 6-3L -{ Yes❑ Nop/ O.M.B./Pure in Yes❑ Nol' County Attorney �Yes❑ No �•�/" Comments: * No incremental cost for this Business Associate Agreement. rAXI 2 C,,..... D-1;--A n/1 1 inc A Xr n un C UNTYMONROE KEY WEST FLORIDA 33040 (305) 294 4641 Office of the Employee Services Division Director The Historic Cato Cigar Factory 1100 Simonton Street, Suite 268 4 Key West, FL 33040 ° (305) 292- WA — Phone { (305) 292-4564 - Fax _ TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: June 22, 2010 BOARD OF COUNTY COMMISSIONERS Mayor Sylvia 3. Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 SUBJ: Business Associate Agreement to comply with the HITECH Act Under the Health Information Portability and Accountability Act (HIPAA) privacy and security standards, business associates must comply with certain minimum requirements. Business associates include administrative service providers, producers and other third parties that provide services to health plans. The Health Information Technology for Economic and Clinical Health Act (HITECH Act) was signed into law as part of the American Recover and Reinvestment Act (ARRA). The Act requires business associates to notify covered entities of any breach of unsecured protected health information and requires compliance with new security privacy and security standards that apply to electronic protected health information under the HIPAA Security Rule. The Business Associate Agreement confirms that the contracted party is in compliance with the newly enacted HITECH Act and is therefore recommended that the BOCC approve this item. If you have any questions, please do not hesitate to contact me at X4458. Business Associate Agreement This BUSINESS ASSOCIATE AGREEMENT (the "Agreement") is entered into by and between Monroe County Board of County Commissioners (hereinafter the "Group Health Plan"), and (hereinafter the "Business Associate), as of the latest of the execution dates set forth below in Section VI I. I. General Provisions A. Purpose. Business Associate has been retained by Group Health Plan to perform certain plan -related functions, activities, or services (collectively, "Services") on behalf of its Group Health Plan that is part of the Plan Sponsor's organized Health Care Arrangement. These Services are indentified in the service agreement between the parties ("Service Agreement"). The terms and provisions of this Agreement are incorporated in and shall supersede any conflicting or inconsistent terms and provisions of any other agreement, including without limitation the Service Agreement, to which Business Associate and Group Health Plan are parties, including all exhibits or other attachments thereto and all documents incorporated therein by reference. This Agreement is intended to ensure that the Business Associate will establish and implement appropriate privacy and security safeguards with respect to "Protected Health Information" (as defined below) that the Business Associate may create, receive, use, or disclose in connection with the Services to be provided by Business Associate to Group Health Plan or Plan Sponsor, consistent with the standards set forth in regulations and administrative guidance with respect to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), including as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XI II of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 ("H ITECH Act"). B. Effective Date. The provisions of this Agreement shall take effect on C. Definitions. Capitalized terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Privacy and Security Rules. Other defined terms include: 1. "Breach" shall have the meaning given such term in 45 C.F.R. §164,402, 2. "Designated Record Set" shall have the meaning given such term in 45 C.F.R. §164.501. 3. "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected health information" in 45 C.F.R. §160.103. 4. "Individual" shall have the same meaning given such term under 45 C.F.R. §160.103, and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. §164.502(g). 5. "Privacy Rules" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, subparts A and E. 6. "Protected Health Information" (or "PHI") shall have the meaning given to such term in 45 C.F.R. §160.103, limited to the information created or received by Business Associate from or on behalf of Group Health Plan. 7. "Required By Law" shall have the same meaning given to such term in 45 C.F.R. §164.103. Page 1 of 9 8. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services ("HHS") or his designee. 9. "Security Incident" shall have the same meaning given to such term in 45 C.F.R. §164.304. 10. Health Information at 45 C.F.R. Part 160 and Part 164, subpart C. 11. "Unsecured Protected Health Information" shall have the same meaning given to such term in 45 C.F.R. § 164.402. 12. "Security Rules" means final regulations issued by the Secretary governing the security of electronic PHI by covered entities contained in 45 C.F.R. parts 160, 162 and 164. II. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE A. Scope of Use and Disclosure of Protected Health Information. Business Associate agrees to not use or further disclose PHI other than as permitted or required by this Agreement or as Required By Law. B. Safeguard Against Misuse of Information. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. Furthermore, Business Associate will implement administrative, physical, and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Group Health Plan as required by the Security Rules. To the extent practicable, Business Associate will secure all Protected Health Information by technological means that render such information unusable, unreadable, or indecipherable to unauthorized individuals and in accordance with any applicable guidance issued by the Department of Health and Human Services under Section 13402 of the HITECH Act. C. Duty to Mitigate. Business Associate agrees to cure or mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate or its agents or subcontractors in violation of the requirements of this Agreement. D. Reporting of Violations. Business Associate agrees to notify the Group Health Plan, in writing, of any use or disclosure of the PHI not provided for by this Agreement, any Security Incident, and any Breach of Group Health Plan's Unsecured Protected Health Information. This notification will be made within thirty (30) business days after the discovery of the use, disclosure, Security Incident, or Breach. In the event of a Breach, if a delay is requested by law enforcement under 45 C.F.R. §164.412, Business Associate may delay notifying the Group Health Plan for the applicable timeframe. This notification will include, to the extent possible, the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by the Business Associate to have been, accessed, acquired used or disclosed during the Breach. Business Associate will also provide the Group Health Plan with any other available information that the Group Health Plan is required to include in its notification to the individual under C.F.R. §164.404(c) at the time of the initial notification or promptly thereafter as the information becomes available. E. Use or Disclosure to Subcontractors. Business Associate shall ensure that any subcontractor or agent to whom it provides PHI received from, or created or received by Business Associate on behalf of, Group Health Plan agrees to implement reasonable and appropriate safeguards to protect the Group Health Plan's PHI. In turn, Business Associate agrees to ensure that any such subcontractor or agent agrees, in writing, to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. Business Associate shall provide copies of such agreements to Plan Sponsor upon request. F. Access, Amendment, and Accounting Responsibilities. In a mutually agreeable time and manner, the Business Associate agrees to provide access to the PHI that it maintains in Designated Record Sets to the Group Health Plan, or Page 2 of 9 to the Individual to whom the PHI relates in accordance with 45 C.F.R. §164.524. Business Associate shall have the right to charge the Individual a reasonable, cost -based fee, as permitted by 45 C.F.R. §164.524. The Business Associate further agrees to document any disclosures of PHI if requested by the Group Health Plan in accordance with 45 C.F.R. §164.528, and to provide such documentation to the Group Health Plan as it may request from time to time. Furthermore, at the request of the Group Health Plan, the Business Associate agrees to make amendments to PHI that it maintains in a Designated Record Set as directed by the Group Health Plan and to incorporate any amendments to PHI in accordance with 45 C.F.R. §164.526. Business Associate assumes no obligation to coordinate the provision of PHI maintained by other business associates of the Group Health Plan. Notwithstanding the foregoing, the Group Health Plan will not request that the Business Associate use or disclose PHI in any manner that would not be permissible under the Privacy rule if such disclosure or use were done by the Group Health Plan itself. G. Electronic Data Interchange. Inasmuch as Business Associate transmits or receives Transactions (as that term is defined in 45 C.F.R. §160.103) on behalf of Group Health Plan, Business Associate shall comply with any applicable provisions of the Electronic Data Interchange Requirement (as set forth in 45 C.F.R. parts 160 and 162) and shall ensure that any subcontractors or agents that assist Business Associate in conducting Transactions on behalf of Group Health Plan agree in writing to comply with the Electronic Data Interchange Requirements. H. Availability of Books and Records. For purposes of the Secretary determining the Group Health Plan's compliance with the Privacy Rules, Business Associate agrees to make internal practices, books, and records, including policies and procedures and PHI relating to the use and disclosure of PHI received from, or created or received by the Business Associate on behalf of the Group Health Plan available (i) to the Group Health Plan in a mutually agreeable time and manner, or (ii) to the Secretary in the manner designated by the Secretary. I. HITECH Act Business Associate Agreement Requirements. The parties intended for this Agreement to satisfy the requirements of sections 13401 (a) and 13404 (a) of the HITECH Act that specified security and privacy provisions requirements be incorporated into business associate agreements. This Agreement shall be interpreted in a manner consistent with this intention. III. OBLIGATIONS AND ACTIVITIES OF GROUP HEALTH PLAN A. Obligations of Group Health Plan. Group Health Plan shall inform Business Associate with respect to the following privacy practices and restriction: 1. Group Health Plan shall provide Business Associate with a copy of the notice of privacy practices that Group Health Plan approves/produces and has distributed in accordance with 45 C.F.R. §164.520, as well as any changes to such notice. Furthermore, Group Health Plan shall specifically notify Business Associate of any limitation(s) in its notice of privacy practices to the extent that such limitation(s) may affect Business Associate's use or disclosure of PHI. 2. Group Health Plan shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose PHI, if such changes affect Business Associate's permitted or required uses or disclosures as set forth in this Agreement or the Service Agreement. 3. Group Health Plan shall notify Business Associate within five (5) business days of any restriction to the use or disclosure of PHI requested by an Individual in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. In turn, due to the wide variety of services and clients of Business Associate, Business Associate has limited capacity to comply with special privacy restrictions requested by Individuals. Accordingly, Group Health Plan agrees that it will only accommodate such requests to the extent required by 45 C.F.R. §164.522(b)(1)(ii). Page 3 of 9 4. Group Health Plan shall notify Business Associate in advance of the time and manner in which Business Associate must comply with requests by Group Health Plan with respect to any of the obligations and activities of Business Associate set forth above in Section II, and in all events such times and manners shall be reasonable. 5. The parties acknowledge and agree that the Privacy Rules allow Group Health Plan to permit Business Associate to disclose or provide access to PHI to Plan Sponsor only after Plan Sponsor has amended its plan documents to provide for the permitted and required uses and disclosures of PHI and to require Plan Sponsor to provide a certification to Group Health Plan that certain required provisions have been incorporated into Group Health Plan's plan documentation before Group Health Plan may disclose, either directly or through a business associate any PHI to Plan Sponsor. Group Health Plan hereby warrants and represents that Group Health Plan's plan documentation has been or will be amended and that Group Health Plan has or will have received such certification from Plan Sponsor no later than the Effective Date of this Agreement. 6. Business Associate acknowledges and agrees that the Privacy Rules allow Group Health Plan to permit Business Associate to disclose or provide access to PHI to only those employees or other persons (including third parties) under the control of Plan Sponsor who are described by name or position in Group Health Plan's plan documentation as the persons who are given access to PHI solely to carry out plan administration functions that Plan Sponsor performs for Group Health Plan. Accordingly, notwithstanding any other terms and conditions of this Agreement, to the extent that the fulfillment of its obligations under this Agreement requires Business Associate to disclose or provide access to PHI to Plan Sponsor or any employees or other persons (including third parties) under the control of Plan Sponsor, Business Associate shall make such disclosure of or provide such access to PHI on as follows: a) Business Associate shall disclose or make available PHI at the direction or Group Health Plan to only the following employees or other persons (including third parties) identified in Group Health Plan's plan documentation and under the control of Plan Sponsor solely for the purpose of carrying out the plan administration functions that Plan Sponsor performs for Group Health Plan (list each person by position): Benefits Manager Benefits Manager Designee Claims Processors Group Health Plan agrees to promptly notify Business Associate in writing of changes to the above list. Business Associate is authorized to rely on the information provided by Group Health Plan. b) It is acknowledged and agreed that the Privacy Rules require Group Health Plan to maintain policies and procedures to ensure that any PHI that it uses, requests, or discloses be no more that the minimum necessary to accomplish the intended purposes. Group Health Plan hereby warrants and represents that any requests for Plan Sponsor will be for no more than the minimum amount necessary for the intended purpose. c) Business Associate shall provide PHI to other business associates who assist in administering Group Health Plan and are authorized by Group Health Plan to receive such information for the purpose of facilitating plan administration. Such parties may include, but are not limited to, consultants, brokers, auditors, successor administrators or insurers, and stop -loss carriers. Group Health Plan shall enter into and maintain a written agreement with each agent and subcontractor or other third party to which it directs Business Associate to disclose PHI under which such agent, subcontractor, or other third party is legally bound by the same restrictions with respect to PHI that apply to Business Associate pursuant to this Agreement. B. Permissible Requests by Group Health Plan. Group Health Plan shall not request Business Associate to use, disclose, or handle PHI in any manner that would not be permissible under the Privacy and Security Rules if done by the Group Health Plan, except for the data aggregation or management and administrative activities of the Business Associate. Page 4 of 9 IV. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE A. General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Group Health Plan or Plan Sponsor as specified in this Agreement, provided that such use or disclosure would not violate the Privacy and Security Rules if done by Group Health Plan, or the minimum necessary policies and procedures of the Group Health Plan. B. Specific Use and Disclosure Provisions. Business Associate will make reasonable efforts to use, disclose, and to request only the minimum amount of the Group Health Plan's PHI necessary to accomplish the intended purpose of the use, disclosure or request, except that Business Associate will not be required to comply with this minimum necessary limitation if neither Business Associate nor the Group Health Plan is required to limit its use, disclosure or request to the minimum necessary. Business Associate and the Group Health Plan acknowledge that the phrase "minimum necessary" shall be interpreted in accordance with the HITECH Act. 2. Except as otherwise limited in this Agreement or in the Service Agreement, specific examples of permitted use or disclosure of PHI by Business Associate on behalf of, or to provide Services to, Group Health Plan and Plan Sponsors may include, but are not limited to: a) To enroll or disenroll participants and beneficiaries in and/or confirm or not confirm enrollment (as determined by the plan administrator of Group Health Plan) of participants and beneficiaries for coverage under Group Health Plan. (Note that only enrollment/disenrollment information may be used by Business Associate to provide these services to Plan Sponsor unless Plan Sponsor satisfies its obligations under Section II.A.6). b) To assist Plan Sponsor with respect to certain specific plan administration functions, such as claims processing, quality assurance, auditing of the Group Health Plan, medical review, precertification, and coordination with carve -out health plans (such as vision and dental). For purposes of this section, claims processing shall include investigating, auditing, and otherwise administering and facilitating the payment of Group Health Plan claims from the payers of such claims (including, but not limited to, providing assistance to participants and beneficiaries, the coordination or benefits, determination of cost sharing amounts, and subrogation of health benefit claims), and obtaining payment on behalf of Plan Sponsor under a contract for stop -loss or reinsurance being utilized with respect to Group Health Plan. (Note that Plan Sponsor must satisfy its obligations under Section III.A.6 before Business Associate can provide these services to Plan Sponsor.) c) To assist Group Health Plan and Plan Sponsor with respect to activities relating to the creation, modification, termination, renewal, or replacement of a contract of health insurance or health benefits, and the ceding, securing, or placing of a contract for stop -loss or reinsurance of risk relating to health care claims. (Note that Summary Health Information may be used to provide these services, even if Plan Sponsor has not satisfied its obligations under Section III.A.6.) Page 5 of 9 3. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. §164.5020)(1). 4. Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of Business Associate or to carry out any present or future legal responsibilities of the Business Associate. 5. Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Group Health Plan as permitted by 42 C.F.R. §164.504(e)(2)(i)(B). C. Applicability. This Agreement applies with respect to any aspect of the Services Agreement that involves the use or disclosure of PHI but only to the extent that the services or transactions of Business Associate are not exempt from HIPAA pursuant to 1179 of the Social Security Act (42 U.S.C. §1320d-8). V. TERM AND TERMINATION A. Term. The term of this Agreement shall commence as of the Effective Date set forth above in Section I.B., and shall terminate when all of the PHI provided by Group Health Plan Entity to Business Associate, or created or received by Business Associate on behalf of Group Health Plan, is destroyed or returned to Group Health Plan, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Section. B. Termination for Cause. Upon Group Health Plan's knowledge of a material breach by Business Associate, Group Health Plan (or, Plan Sponsor, on behalf of Group Health Plan) shall either: 1. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement and the Service Agreement if Business Associate does not cure the breach or end the violation within the time specified by Group Health Plan or Plan Sponsor; 2. Immediately terminate this Agreement and the Service Agreement if Business Associate has breached a material term of this Agreement and cure is not possible; or 3. If neither termination nor cure is feasible, Group Health Plan or Plan Sponsor shall report the violation to the Secretary. C. Effect of Termination. Upon termination of the Agreement, for any reason, Business Associate shall return all PHI received from Group Health Plan, or created or received by Business Associate on behalf of Group Health Plan. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain copies of the PHI. If Business Associate has determined that destroying the PHI is infeasible, it shall provide Group Health Plan an explanation of the conditions that make destruction infeasible. If Group Health Plan and Business Associate mutually agree that destruction of the PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. VI. MISCELLANEOUS Page 6 of 9 A. Regulatory References. A reference in this Agreement to a section in the Privacy and Security Rules means the section as in effect or as amended and for which compliance is required. B. Governing Law. This Agreement shall be construed and enforced according to HIPAA, and any applicable state law to the extent not preempted by HIPAA or other federal law. C. Complete Integration. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, representations, or proposals, whether oral or written, unless expressly incorporated herein, related to the subject matter of the Agreement. Unless expressly provided otherwise herein, this Agreement may not be modified unless in writing signed by the duly authorized representatives of both parties. If any provision or part thereof is found to be invalid, the remaining provisions shall remain in full force and effect. D. Amendment. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Group Health Plan and Plan Sponsor to comply with the requirements of the Privacy and Security Rules, the Health Insurance Portability and Accountability Act, Public Law 104-191, and the HITECH Act. E. Interpretation. The parties hereto acknowledge and agree that both (i) the rule of construction to the effect that any ambiguities are resolved against the drafting parry, and (ii) the terms and provisions of this Agreement, will be construed fairly as to all parties hereto an not in favor of or against a parry, regardless of which party was generally responsible for the preparation of this Agreement. Moreover, any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Group Health Plan to comply with the Privacy and Security Rules. In the event of an inconsistency between the provisions of this Agreement and the Privacy and Security Rules, as may be amended from time to time, because of interpretations by HHS, a court, or another regulatory agency with authority over the Parties, the interpretation of HHS, such other court or regulatory agency shall prevail. In the event provisions of this Agreement differ from those mandated by the Privacy and Security Rules but are nonetheless permitted by such rules, the provisions of this Agreement shall control. F. Severability. The parties intend this Agreement to be enforced as written. However, (i) if any portion or provision of this Agreement will to any extent be declared illegal or unenforceable by a duly authorized court having jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, will not affected thereby, and each portion and provision or this Agreement will a valid and enforceable to the fullest extent permitted by law; and (ii) if any provision, or part thereof, is held to be unenforceable because of the duration or such provision, the Group Health Plan and the Business Associate agree that the court making such determination will have the power to reduce the duration of such provision, and/or to delete specific words and phrases, and in its reduced form such prevision will then be enforceable and will be enforced. G. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon the successors and assigns of Group Health Plan and Business Associate. However, this Agreement is not assignable by either party without the prior written consent of the other party, except that Business Associate may assign or transfer this Agreement to any entity owned or under common control with Business Associate. Page 7 of 9 H. No Third Party Beneficiaries. Business Associate and Group Health Plan agree that nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Business Associate, Group Health Plan, and Plan Sponsor, and their respective successors or assigns, any rights, remedies, or obligations or liabilities whatsoever. I. Headings and Captions. The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and will in no way modify, or affect the meaning or construction of any of the terms or provisions thereof. J. No Waiver of Rights, Powers, and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure there from granted, only by written document executed by the party entitled to the constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or constitute a continuing waiver or consent. K. Indemnification. Business Associate shall indemnify and hold harmless Group Health Plan from and against any and all loss, damage, or expense (including claims of damage or liability) asserted against Group Health Plan by third parties and arising out of (i) the use or disclosure of PHI by Business Associate or its agents or subcontractors other than as provided in this Agreement, or (ii) a breach of Business Associate's representations contained in this Agreement. To the extent allowed by Section 768.28, Florida Statutes, Group Health Plan shall indemnify and hold harmless Business Associate from and against any and all loss, damage, or expense (including claims of damage or liability) asserted against Business Associate by third parties and arising out of (i) the use or disclosure of PHI by Group Health Plan or its agents or subcontractors other than as provided in this Agreement, or (ii) a breach of Group Health Plan's representations contained in this Agreement. L. Notice. All notices, requests, consents, and other communications hereunder will be in writing, and in accordance with the Notice provision of the referenced Services Agreement, M. Survival. The respective rights and obligations of Business Associate under V.C. and VI.K of this Agreement shall survive the termination of this Agreement. N. Counterparts. This Agreement may be executed in two or more counterparts, each of which may be deemed an original. Page 8 of 9 VII. ACKNOWLEDGEMENT AND SIGNATURES The parties acknowledge that they have read this agreement, understand it, and agree to be bound by its terms. Accordingly, in witness whereof, this Agreement is executed by the parties, by their duly authorized representatives as of the date set forth above. BUSINESS ASSOCIATE Printed Name of Officer:" Signature: :?a C7 g q Title: Date: 61(l /Z a > o GROUP HEALTH PLAN Printed Name of Plan Administrator: Signature: Title: Date: MON E COUNTY ATTORNEY A OV AS10 FO YNTHIA L. HALL ASSIST NT OUNTY ATTORNEY Gate— Page 9 of 9 BOARD OF COUNTY COMMISSIONERS Meeting Date: July 21, 2010 Bulk Item: Yes X No AGENDA ITEM SUMMARY Division: Employee Services Department: Risk Management Staff Contact Person/Phone#:Maria L. Slavik X3178 AGENDA ITEM WORDING: Approval to renew the Airport Liability Insurance with Ace Property Casualty Insurance Company through Arthur J. Gallagher. ITEM BACKGROUND: Provides liability insurance coverage for Airport Operations (Key West and Marathon). Effective date 7/27/10-7/27/11. PREVIOUS REVELANT BOCC ACTION: Coverage was previously bid in 2008 and approved by the BOCC. CONTRACT/AGREEMENT CHANGES: Renew the Airport Liability Insurance with Ace Property and Casualty Insurance Company through Arthur J. Gallagher. The proposed annual premium is a decrease of $360.65 lower than the premium the County is currently paying. STAFF RECOMMENDATIONS: Approval to accept proposal from Ace Property and Casualty Insurance at a cost of $46,904.35. TOTAL COST: $46,904.35 INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $46,904.35 SOURCE OF FUNDS:_Proprietary_ REVENUE PRODUCING: Yes ` No X AMOUNT PER MONTH Year APPROVED BY: County Atty ____ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 2/27/01 Included X To Follow Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Arthur J. Gallagher & Co Contract # Effective Date: 7/27/2010 Contract Purpose/Description: Expiration Date: 7/27/2011 Airport, Liability Renewal Contract Manager: Maria Slavik (Name) 3178 (Ext.) Risk Management #7 (Department/Stop #) for BOCC meeting on 7/21/10 Agenda Deadline: 7-6-2010 Total Dollar Value of Contract Budgeted? Yes® No ❑ Grant: $ County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above CONTRACT COSTS $ $46,904.35 Current Year Portion: $ Account Codes: 40q-63001-530-450- 4L)3-63501-530-450- ADDITIONAL COSTS /yr For: maintenance, utilities, janitorial, salaries, etc CONTRACT REVIEW aDate,118 Director � Changes Needed viewerDivision Yes❑ No [f _ Date Out to - Risk Manag e�n�t. �} (� > N b- O.M.B./Pur asing Yes❑ Noll" lliR Yes❑ No� i County Attorney Yes❑ No--"' Comments: nXjT1 F- ,, D o oa '1 /) 7 in i X ,ran 1 iuI - - - /IVI IVI%-F ttz BOARD OF COUNTY COMMISSIONERS rr Mayor Sylvia I Murphy, District 5 U N TYM O N RO E Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 KEY WEST FLORIDA 33040 w George Neugent, District 2 O 2 305y 294-4641 Mario Di Gennaro, District 4 Office of the Employee Services Division Director The historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 330 tO .. �. (305) 292-1455 — Phone • v (30.1) 292-1i6� -Fax TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: June 29, 2010 SUBJ: Airport Liability— Key West & Marathon This coverage is to pay on behalf of the County if it shall become legally obligated to pay for damages for bodily injury and/or property damage caused by an occurrence arising out of the ownership, maintenance or use of airports owned by the County. It is recommended that we renew our Airport Liability insurance with ACE Property and Casualty Insurance Company as submitted by Arthur J. Gallagher at an annual premium of $46,904.35, which is $360.65 below last year's premium, for the term of July 10—July 11. If you have any questions, please do not hesitate to contact me at X4458. I N T E R I S K Consultants Risk Management Employee Benefits June 29, 2010 Ms. Maria Slavik, CPM Risk Administrator Monroe County 1100 Simonton St. Suite 268 Key West, Florida 33040 Subject: Renewal of Airport Liability Insurance Dear Maria: CORPORATION 1111 North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 I have reviewed the renewal proposal of the County's Airport Liability insurance as submitted by Arthur J. Gallagher. As in years past coverage is being proposed with Ace Property and Casualty Insurance Company. Ace enjoys a favorable rating from the A.M Best and Company, the leading evaluator of insurance company operations. The current policy provides a per occurrence limit of $100 million with various sub -limits ranging from $25,000 to $50 million for ancillary coverages included in the policy. The policy does not contain a deductible. The term of the current policy is from July 27, 2009 to July 27, 2010. The annual premium of the current policy is $47,265 to include all applicable fees and taxes. Ace has offered to renew the County's policy with terms, conditions and limits consistent with the expiring policy for an annual premium of $46,904.35 to include all applicable fees and taxes. Gallagher indicated that the minimal premium reduction ($360.65) was attributable to the Florida Hurricane Catastrophic Fund and the Florida Insurance Guarantee Fund reducing its fees. It is believed that Ace has offered an attractive renewal and it is recommended that the County renew its Airport Liability insurance for the 20 10/1I policy term with Ace Property and Casualty Insurance Company as submitted by Arthur J. Gallagher. Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTERISK CORPORATION Sidney G. Webber CPCU, ARM CC: Teresa Aguiar BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: _County Administrator Bulk Item: Yes X No Department: Staff Contact Person/Phone #: Roman Gastesi X4741 AGENDA ITEM WORDING: Approval of a revision to Health Insurance Plan Document as proposed by the Health Benefits Volunteer Review and Recommendations Team to become effective August 1, 2010. ITEM BACKGROUND: The County Administrator requested that volunteers, made up of current employees and a retiree representative from the BOCC and Constitutional Officers, serve on a team to brainstorm, evaluate and recommend health care strategies. Meetings were held January 271h, February 9'h, February 23rd, March 2nd, and March 16'h. Suggestions and concerns were solicited from all employees covered under the Health Care Plan and were addressed at the Team meetings. The County Administrator met with the Team on June 3rd to discuss the final recommendations to be presented to the BOCC. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval Annual Approx TOTAL COST: $170,000 INDIRECT COST: BUDGETED: Yes X No **see attached memo DIFFERENTIAL OF LOCAL PREFERENCE: Internal Service COST TO COUNTY: N/A SOURCE OF FUNDS: Fund REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year _ APPROVED BY: County Attu O urchasin Risk Management>✓ g��� DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 BOARD OF COUNTY COMMISSIONERS Mayor Sylvia I Murphy, District S UNTY o ROE �` Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 O CKEY WEST FLORIDA 33040 George Neugent, District 2 (305) 294-4641 Mario Di Gennaro, District 4 Office of the Employee Services Division Director The ]{istoric Gato Cigar Factory t 100 Simonton Street, Suite 268 Kev Rest, F1, 330 W (305) 292-4458 — Phone (305) 292-456 t - Fax o '. TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: June 30, 2010 SUBJ: Revision to Group Health Plan Document At the final Health Benefits Review and Recommendations Team meeting, it was decided to recommend to the BOCC three (3) changes to the Health Plan. Due to the recent interim regulation issued on June 14, 2010 by the Departments of Health and Human Services, Labor, and Treasury ("Departments"), which states that a change in the Health Plan that would significantly decrease benefits, materially increase cost sharing in ways that might discourage covered individuals from seeking treatment, or substantially increase the cost of coverage paid by participants would lose its "Grandfathered Health Plan " status, Administration has since decided to request that the BOCC approve only one of the Team's three recommended changes. The change that is being requested at this time is to implement a $20 co -pay for physician office visits (In -network only). Currently, a covered individual must meet the individual deductible of $300 (or $600 per family) before the Plan will help pay for the cost. This change will allow the individual to go to the doctor for $20 a visit which will also go towards h/her annual out of pocket cost ($7,500). Even though, it is estimated that implementing this change would cost approximately $170,000 annually for these visits, I don't believe it's fair to put a cost on preventative care. By implementing the co -pay, the individual is not as hesitant to go to the doctor to receive care. Not receiving care early on for a condition could possibly turn into a catastrophic illness or the condition could worsen where h/she would need to go to the emergency room or be admitted to the hospital which would obviously be more of a cost to the County as well as the individual. An individual that receives preventative care could save the County hundreds of thousands of dollars in the long run. Most, if not all entities' health plans have physician office visit co -pays in place. I feel it is a worthwhile investment and request your approval of this amendment to the County's group health plan. If you have any questions, please do not hesitate to contact me at X4458. Monroe County Board of County Commissioners Group Health Plan Document Amendment #1 THIS AMENDMENT to the Monroe County Board of County Commissioners Group Health Plan Document (the "Plan Sponsor") effective this 1" day of August, 2010. WHEREAS, the Plan Sponsor reserves the right to amend the Plan at any time; and WHEREAS, this Amendment has been duly adopted by the Plan Sponsor to incorporate the following provisions. NOW, THEREFORE, pursuant to the Plan amendment provision, the Plan shall be amended as follows: Page 1-1 Amend Section 1— Schedule of Benefits to read as follows: B. OFFICE SERVICES Benefit Description In -Network Out -of -Network PliN-sician Office Visits 100° E, ofAllowed 45" Amount, no Deductible Of .plowed amount The co -pal benefit includes physician office after a $20 co -pay N-isit for routine. care, diagnosis and treatment of an illness or non-«ork related injury-. The benefit does not include diagnostics, surgical procedures, Hospital sexices, obstetric care, cliemo/radiation, speech or physical therapy, The benefit does not include chiropractors (see Benefit Maximums Spinal Manipulations and Massa e "1`hera )�). Adult Wellness — Refer to Benefit Malimums 5400 Maximum .plowed $400 ,AIaxinnitll After S20 co- ay :allowed Officc Diagnostics 45„ (Billed with or �c ithout an office visit) of .Mowed _Amount of .plowed -Amount Durable Medical Equipment, Prosthetics and 75% 5°'oOrthotics of Allowed Amount wed amount E7_4 Note: A Covered Plan Participant should veriftr a Provider's participation status prior to receiving Health Care Services. To verify a Provider's participation status just access any one of our three PPO Networks through our web site at httr2://monroecofl.c-irtu, ltownhall uet/Pages/NfonroeCoI,'l Group Insurance/index or contact the Benefits Office at 305-292-4579 or 305-292-4446 for assistance. 1 of 2 Monroe County Board of County Commissioners Group Health Plan Document Amendment #1 Effective August 1, 2010 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk LIM Mayor/Chairperson MONROE COUNTY ATTORNEY ... PPR V D AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date _. -4- t i f � z f�([) � t 2of2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:. rfs;a4LD Division: County Administrator Bulk Item: Yes X No Staff Contact Person: Doug Gregory Telephone# 292-4502 AGENDA ITEM WORDING: Approval to send letter of interest to the City of Lantana in support of their application for the Environmental Protection Agency for the Climate Showcase Communities Grant. If Lantana receives the grant, Monroe County will have the opportunity to partnership with the city in efforts to achieve a reduction in green house gas emissions and to assist in funding improvements to businesses and residents under F. S. 163.08. ITEM BACKGROUND: In May 2010, the Florida legislature passed F.S. 163.08, anew statute that authorized funding by local governments to individuals to facilitate improvements to their property. The improvements authorized in the statute will encourage energy efficiency, harden homes against wind intrusion and create jobs. The statute allows for the creation of partnerships with other local governments, and one potential way to achieve funding is through grants. This letter of interest is not binding on the County; it simply expresses interest in a potential partnership. Should Lantana receive the grant the County will have the opportunity to enter into an Interlocal Agreement, which has the potential of funding some of the improvements available under F. S. 163.08. PREVIOUS RELEVANT BOCC ACTION: The BOCC has approved a number or measures evidencing a commitment to energy efficiency and conservation by becoming a signatory on the US Mayors' Climate Protection Agreement, by embracing the Southeast Florida Regional Climate Change Compact and the ICLE1 process for developing a Climate Action Plan, and by forming advisory committees including the Monroe County Green Initiative Task Force. In addition, the County has adopted the Florida Green Building Coalition's Green Commercial Building Standard for County commercial buildings and has passed Resolution 067-2010 establishing a county goal of reducing greenhouse gas emissions at 201/o by 2020. CONTRACT/AGREEMENT CHANGES: none STAFF RECOMIdENDATIONS: approval TOTAL COST: -0- INDIRECT COST: BUDGETED: Yes No— X DIFFERENTIAL OF LOCAL PREFERENCE: Not applicable COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X OUNT PER MONTH Year APPROVED BY: County Atty Uy' rchasing Risk Managementol&5 DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # C OUNTY So�MONROE KEYVVEte I"LORIDA 33040 (305)294-4641 July 21, 2010 David Thatcher Development Services Director Town of Lantana 500 Greynolds Circle Lantana., FL 33462 BOARS) Of COUNTY QDMMISS1914996 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 Re: Environmental Protection Agency's Climate Showcase Communities Grant (RFP No. EPA-0AR-CPPD-10-09) Dear Mr, Thatcher: On behalf of the Board of County Commissioners of Monroe County, Florida, I am sending you this letter of interest in support of your application to the Environmental Protection Agency for the Climate Showcase Communities Grant. As you know, Monroe County encompasses the Florida Keys and has a population of 75,000- We are very interested in joining you as a partner with the city m this grant application with the understanding that if the grant is awarded we will enter into an Interlocal Agreement. This grant could greatly advance energy efficiency initiatives our Commission has already undertaken in Monroe County. As you know, the Florida Legislature passed Florida Statute 163.08 this year, which authorizes local governments to create programs for home and business owners to finance energy projects by repaying those funds back through non -ad valorem assessments. Florida Statute 163.08 allows those mechanisms to be applied to a community's homes and businesses. We see this partnership as a potential first step towards creating a multi jurisdictional effort, potentially across County lines, which will result in tangible greenhouse gas reduction results for South Florida communities. Given that we estimate our residential and commercial greenhouse gas emissions at 30-50% of our communitywide footprint, we see this program as a mechanism that can achieve significant energy savings and greenhouse gas reductions while achieving additional environmental, economic, public health and/or community benefits. For instance, Florida's construction industry hit hard by the economic downturn, will realize significant new opportunities in completing the residential and commercial retrofit projects anticipated in this program. Again, Monroe County appreciates the opportunity to participate with you in this grant program and we hope that it is the start of a significant partnership with other local govemmm A jurisdictions. Please do not hesitate to call Asst. County Attorney Natileene Cassel with any additional questions you might have at the following number: 305 292- 3580. We are looking forward to working with you. Sincerely, Mayor Sylvia J. Murphy COUNTY AT APPROVED AS TO NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY I7s.[c- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Emergency Services Bulk Item: Yes X No _ Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM 'WORDING: Approval to spend District 1, District 3 and District 4 Fire and Ambulance Impact Fees to install 23 fire hydrants at strategic locations in the areas of unincorporated Monroe County and issue a Purchase Order to J.A. LaRocco Enterprises, Inc. for the same. ITEM BACKGROUND: Impact Fees are imposed on impact -producing development within the Monroe County Impact Fee District, comprised of the entire area of Monroe County, Florida, excluding the cities of Key West and Layton, which for purposes hereof have been divided into sub -districts as follows: District 1 Lower Keys, District 2 Middle Keys, District 3 Upper Keys and District 4 Kcy Colony Beach. A portion of these fees are used for the installation and maintenance of fire hydrants and wells in each specific district. Water (fire flow) is necessary for efficient and effective fire suppression operations. Development has reduced the access to sites for drafting of salt -water for this purpose. Fire hydrants are more efficient for the provision of fire flow for fire suppression operations through the rapid refilling of water tankers and fire engines. Funding has been provided through Ad Valorem sources and Impact fees for the in - fill of fire hydrant locations to improve the level of fire protection available to unincorporated Monroe County residents. A contract is in place with J.A. LaRocco Enterprises, Inc. for the installation of hydrants with set pricing. See attachments for locations of the 23 hydrants and the cost of each. PREVIOUS RELEVANT BOCC ACTION: On June 16, 2010 the Board approved 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. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval as written. TOTAL COST: $183,775.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: See below District 1 Impact Fees (7 hydrants @$9975.0 ea.) $69,825.00 31501-560-630 District 3 Impact Fees (14 hydrants @$7000.00 ca.)-L8,000.00 31503-560-630 District 4 Impact Fees (2 hydrants (c0975.00 ea.) $15,950.00 31504-560-630 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Att a Ong Risk Management X DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 07/09 Monroe County Board of County Commissioners Impact Fee Expenditure Request Section 1 - To be completed by requesting department Requestor: James Callahan Title: Fire Chief Date: June 24, 2010 Facility Type: Project Name: Total Project Cost (capital only) S: 699,825.00 Description of Project: Installation of 7 fire hydrants at strategic locations throughout the lower Florida Kew These fire h drants will be used primarily.by the various fire departments during fire suppression operations as a supplemental water source for the rapid refilling of fire apparatus water tanks. See locations on attachment Impact fee district: Fire and Ambulance --- District 1 Boundaries of Service Area: Lower Keys Boundaries within projects fee district: Yes X No _ Type of project: Capital X Operational _ Maintenance _ Project start date: Useful life of project: (.Must exceed 5 years to qualify as capital project) Project serves: Development that existed in 1986 started after 1986 X Projected beyond current year _ Would project have been needed to maintain level of service standards if no growth had occurred since 1986: Growth has created a need for increased water fire flow for effective fire suppression operations, while at the same time diminishin,g the number of locations from which the fire departments can directly and rapidly access ocean water for drafting Section 2 - Planning r ew Reviewer: Title: _,i Project eligible or impact fee funding: Yes No Fund: District: Partial Funding $: Full Funding S: County -Wide Municipality X District 1 amount (Lower Keys) $69,825.00 District 2 amount Middle Keys) District 3 amount (Upper Keys) Notes: Section 3 -Legal Review r�S SI'04 W kN P " Reviewer:. rT` Title: A#oratiDate: Concur with planning review V, Object to planning review _ Notes: Section 4 - B review Reviewer. LTitl���L"�-QR-�-�� Date: (o mat -jam Funds available: Yes /No _ Transfer request prepared: Yes _ No ✓ Resolution prepared: Yes — No t--' Agenda summary prepared? Yes _ No ✓ Project code: F� 100 Date of BOCC action: 0,14D Form Reviscd 7128198 District 1 Impact Fee Expenditures District Hydrant Location General Area Contract Price Source of Funds Account 1 Key Haven Blvd & US 1 Lower Keys $9,975.00 District One Impact Fees 31501-560-630 1 US 1 & calie Uno Lower Keys $9,975.00 District One Impact Fees 31501-560-630 1 Us 1 & Blimp Road IN side or Uszi Lower Keys $9,975.00 District One Impact Fees 31501-560-630 1 Southpoint Drive & Cypress Lower Keys $9,975.00 District One Impact Fees 31501-560-630 1 Sugarloaf Blvd & Driftwood Lower Keys $9,975.00 District One Impact Fees 31501-560-630 1 ICaribbeanDr. & Caribbean Dr, E Lower Keys $9,975.00 District One Impact Fees 31501-560-630 1 US 1 & West Shore {othi.d Diansi Lower Keys $9,975.00 District One Impact Fees 31501-560-630 District 1 Impact Fee Expenditures Subtotal $69,825.00 AvailablelFund Balance in'31501-560-630`as of.6/25/2010 $ 70,603.00 Fund Balance after placement of these:? hydrants Monroe County Board of County Commissioners Impact Fee Expenditure Request Section 1 -To be completed by requesting department Requestor: James Callahan Title: Fire Chief Date: June 24, 2010 Facility Type: Project Name: Total Project Cost (capital only) $: 98,000.00 Description of Project: Installation of 14 fire hydrants at strategic locations throughout the upper Florida Ke s. 5 in Ocean Reef, 7 in Key Largo, and 2 in Tavernier as broken down by impact fees _col lected in these respective areas. These fire hydrants will be used primarily by the various fire departments during fire suppression operations as a suRI21emental water source for the rapid refilling of fire apparatus water tanks. See locations on attachment Impact fee district: Fire and Ambulance -District 3 Boundaries of Service Arew.-...Upper..Keys Boundaries within projects fee district: Yes X No_ Type of project; Capital X Operational Maintenance — Project start date: Useful life of project: (Must exceed 5 years to qualify as capital project) Project serves: Development that existed in 1986 _ started after 1986 X Projected beyond current year Would project have been needed to maintain level of service standards if no growth had occurred since 1986: Growth has created a need for increased water (fire flow) for effective fire suppression operations, while at the same time diminishing the number of locations from which the fire departments can directly and rapidly access ocean water for drafting Section 2-Planning r ew Reviewer: Title: Project eligible for mpact fee funding: Yes _!�o Fund: District: Partial Funding $: Full Funding$: County -Wide Municipality District I amount (Lower Keys) District 2 amount Middle Keys) X District 3 amount (Up2er Keys) $98,000.00 Notes: Section 3 - Legal Review Reviewer: ' `' """ Title: Date: Al � AD/ n Concur with planning review Object to planning review Notes: Section 4 - OMB review RevieweE Title: !5r Date: Funds available: Yes /No � Transfer request prepared: Yes — Nor/ Resolution prepared: Yes � No t/ Agenda summary prepared? Yes — No L,-' Project code: Ec io0?, Date of BOCC action: -7 ,Al -10 0M4 Form Revised 7/28198 District 3 Impact Fee Expenditures District Hydrant Location General Area Contract Price Source of Funds Account 3 07 Golf Village Ocean Reef $7,000.00 District Three Impact Fees 31503-560-630 3 39 Island Drive Ocean Reef $7,000.00 District Three impact Fees 31503-560-630 3 115 Anchor Drive Ocean Reef $7,000.00 District Three Impact Fees 31503-560-530 3 131 Snapper Lane Ocean Reef $7,000-00 District Three Impact Fees 31503-560-630 3 Island Drive & Ocean Drive Ocean Reef $7,000.00 District Three Impact Fees 31503-560-630 3 Rock Reef/Kono€ Harbor Lodge Key Largo $7,000.00 District Three Impact Fees 31503-560-630 3 Cafe Largo Bayside Grill Key Largo $7,000.00 District Three Impact Fees 31503-560-630 3 US 1 & Harry David Circle Key Largo $7,000.00 District Three Impact Fees 31503-560-630 3 awaiting approval from FKAA Key Largo $7,000.00 District Three impact Fees 31503-560-630 3 awaiting approval from FKAA Key Largo $7,000.00 District Three impact Fees 31503-560-630 3 awaiting approval from FKAA Key Largo $7,000.00 District Three Impact Fees 31503-560-630 3 awaiting approval from FKAA Key Largo $7,000.00 IDistrict Three Impact Fees 31503-560-630 3 US I & Garden Street Tavernier $7,000.00 District Three Impact Fees 31503-560.630 3 US & Arbor Lane Tavernier $7,000,00 District Three Impact Fees 31503-560-630 District 3 Impact Fees`Expediture 5ubtotalj SWO00.00 Available Fund Balance In 31503"560-630:as of 6/25/2610 $ ` 120;734.00 Fund Balance aftu'placement of.these 14 hydrahts $ 22,734.00 Monroe County Board of County Commissioners Impact Fee Expenditure Request Section 1 —To be completed by requesting department Requestor: James Callahan Title: Fire Chief Date: June 24, 2010 Facility Type: Project Name: Total Project Cost (capital only) $: 15,950.00 Description of Project: Installation of 2 fire hydrants at strategic locations within the impact fee district of Key Colony Beach. These fire hydrants will be used primarily by the fire department during fire suppression operations as a supplemental water source for the rapid refilling of fire apparatus water tanks. (See locations on attachment) Impact fee district: District 4 Boundaries of Service Area: Key Colony Beach Boundaries within projects fee district: Yes X No _ Type of project: Capital X Operational _ Maintenance _ Project start date: Useful life of project: (Must exceed 5 years to qualify as capital project) Project serves: Development that existed in 1986 _ started after 1986 X Projected beyond current year Would project have been needed to maintain level of service standards if no growth had occurred since 1986: Growth has created a need for increased water (fire flow) for effective fire suppression operations, while at the same time diminishing the number of locations from which the fire departments can directly and rapidly access ocean water for drafting Section 2—Planning r w Reviewer: %/ Title, fdt- Project eligible impact fee funding: Yes KiNo Sr.A e: &A q & � Fund: District: Partial Funding $: Full Funding $: County -Wide —..Municipality.. District I amount (Lower Keys) _ District 2 amount (Middle Keys) X District 4 amount (Key Colony Beach) $15,950.00 Notes: Section 3 — Legal Review AssAVa4- Reviewer: �. Title: Morni.- Date: Concur with planning review Object to planning review Notes: Section 4 — OMB review Reviewer Title: Title: ���r�' f�P Date: �� Z`7 "� r Funds available: Yes L/No Transfer request prepared: Yes — No✓ Resolution prepared: Yes — No!! Agenda summary prepared? Yes — No ✓ Project code: p-� IUoq Date of BOCC action: 7—,'Z 1 —1 G OMB Dorm Revised 7128198 District 4 Impact Fee Expenditures District Hydrant Location General Area Contract Price Source of Funds Account 4 9th Street Lot 58 Key Colony Beach $7,975,00 District Four Impact Fees 31504-560-630 4 11th Street Lot 59 Key Colony Beach $7,975.00 District Four Impact Fees 31504-560-630 District 4 Impact Fee Expenditures5ubtota1 $15,950.00 Available Fund Balance in 31504-560-630 as of 6/25/2010 $ 23,838.00 Fund lbalance "after placement of these hydrants $ 7,868.OD C UNTY So��qNROE KEY WESTDA 33040 t305)294-4641 Monroe County Fire Rescue 490 63rd Street, Suite 162 Marathon, Fl. 33050 (305)289-6010 (305)289-6013 Fax BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5 Mayor Pro Tern Heather Carruthers, District 3 George Neugent, District 2 Kim Wigington, District 1 Mario Di Gennaro, District 4 MEMORANDUM TO: Fenny Kipp, OMB FROM: Gary Boswell, Fire Rescue Deputy Chief of Operations DATE: June 29, 2010 SUBJ: Release of Impact Fee Funds The District 4 Fire and Ambulance Impact Fees that were approved for expenditure at the August 15, 2007 BOCC meeting were unable to be utilized due to the contractors inability to install a hdyrant at the specified location in Key Colony Beach. Please release the $9100.00 that was allocated for this project back into fund 31504-560630 so that we can make use of these funds for the installation of fire hydrants in the 2010 expenditures. ®rg Code Expenditure Detail item Budget grouper] by Business Center, Business Unit Ma 7roe Cou BQ PCI OTC unf �orrrr issi er F's�a! Ye 2090 Ertpend€turn: Datai€ 4,am Descriptlor. Ssrvica FY 2010 Loval Issue 9 Budget FY 2011 Gudgat FY 2012 Budget FY 2013 FY 2014 Bud24D2 Budget 92 Ema1-Uency ieMces 1�5 LL3S�:� 14500 Losap Pension 209,000 209,000 209,000 209,000 209,000 14501 Losap Administration 530310 Professional Services 01) Actuarial Admin Services 1 5,000 5,000 5,000 5,000 5,000 FYI proposed add'I funds 1 51000 5,000 5,000 5,000 5,000 Nntns- 01) Actuarial Admin Services: ($5000) 530310 Professional Services 10,000 10,000 10,000 10,000 10,000 14501 Losap Administration 10,000 10,000 - 10,000 10,000 10,000 315 Impact Fees Fire � EMS 145 LOSAP 219,000 219,000 219,000 219,400 219,000 31501 Dist 1 Fire _& Erns Proiect 560630 Capital Outlay-infrastruc FY10 proposed 1 70,605 70,605 70,605 70,605 70,605 NntPsr FY 10 Proposed by Fire Marshal - ($24,498) - this amount represents the balance in this fund after predicted spendings in FY 09. Actual Budget for 2010 will include additional revenues from taxes and will be input by OMB, 31501 Dist 1 Fire & Ems Project 70,605 70,605 70,605 70,605 70,605 31502 Dist 2 Fire Ems Aro'ect�-� 560630 Capital Outlay-infrastruc FY10 proposed 1 5,906 5,906 5.906 5,906 5,906 NntRs7 FY 10 Proposed by Fire Marshal - ($4,467) - this amount represents the balance in this fund after predicted spendings in FY 09. Actual Budget for 2010 will include additional revenues from taxes and will be input by OMB. 31502 Dist 2 Fire & Ems Project 5,906 5,906 5,906 5,906 5,906 31503 Dist 3 Fire &Ems Pro ect 560630 Capital Outlay-infrastruc FY10 proposed 1 120,734 120,734 120,734 120,734 120,734 NntRs• FY 10 Proposed by Fire Marshal - ($768.00) - this amount represents the balance In this fund after predicted spendings in FY 09. Actual Budget for 2010 will include additional revenues from taxes and will be input by OMB. 31503 Dist 3 Fire & Ems Project 120,734 120,734 120,734 120,734 120,734 31504 Ke Colon Bch Fire &Ems 560630 Capital Outlay-infrastruc FYI proposed 1 23,838 23,838 23,838 23,838 23,838 Nnte,' FY 10 Proposed by Fire Marshal - ($21,833.00) - this amount represents the balance in this tund after predicted spendings in FY 09. Actual Budget for 2010 will include additional revenues from taxes and will be input by OMB. 31504 Key Colony Bch Fire & Ems 23,838 23,838 23,83E 23,838 23,838 ------------------------- 315 Impact Fees Fire & EMS e , 685 Upper Keys Health Care Taxing District 68501 Upoer Keys Health Care Taxing Dist Admin 510120 Reeidar Salaries & Wa9es Salary- ESFRSO42 JOHNSON, PAMELA 1 43,853 43,853 43,853 Vnrianca, Deleted Director Upper Keys Health Care Taxing District position, for a savings of salary $72,767 and benefits $23,187, totaling $95,954 510210 Fica Taxes FICA -ESFRSO42 JOHNSON, PAMELA Medicare - ESFRSO42 JOHNSON, PAMELA 510220 Retirement Contributions Retirement -ESFRSO42 JOHNSON, PAMELA 510230 Life And Health Insurance Health Insurance - ESFRSO42 JOHNSON, PAMELA 510240 Workers Compensation WC adj 43,853 43,853 1 2,719 2,719 2,719 2,719 2,719 1 636 636 636_ 636 636 510210 Fica Taxes 3,355 3,355 3,355 3,355 3,355 1 4,420 4,420 4,420 4,420 4,420 1 8,880 8,880 8,880 8,880 8,880 1 11 11 11 11 11 Govmax 44 101212009 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:July 24 2010 Division: Emergency Services Bulk Item: Yes X No _ Department: Fire Rescue Staff Contact Person/Phone #: Claudia Wilkerson 305-289-6014 AGENDA ITEM WORDING: Approval by the Board, acting as Plan Administrator of the Length of Service Award Plan (LOSAP) to begin 10-year disbursement of funds to one eligible participant, with a monthly benefit of $180.00 commencing August 1, 2010. ITEM BACKGROUND: In June of 1999, the Board approved an Ordinance providing for the creation of a Length of Service Award Plan. A member is now eligible for benefits as of August 1, 2010. PREVIOUS RELEVANT BOCC ACTION: On June 9, 1999, the Board approved Ordinance No. 026-1999 providing for the creation of a Length of Service Award Plan. Subsequently, annually the Board has approved the current actuarial valuation and credit of an additional year of service. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval TOTAL COST: $21,600.00V INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE NIA COST TO COUNTY: $21 600.00 SOURCE OF FUNDS: LOSAP Trust Fund Account #14500 530360 REVENUE PRODUCING: Yes No _{� Qi APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 7/09 X AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required X AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Susan Hover x6088 AGENDA ITEM WORDING: Approval of a resolution authorizing transfer of use and possession a Ford Explorer owned by the Upper Keys Health Care Taxing District upon payment of fair market value in the amount of $12,375.00 by Monroe County Fire and Ambulance District 1; and authorization for the Division Director, Monroe County Emergency Services/Fire Rescue to execute all necessary paperwork, including but not limited to, the Monroe County Fixed Asset Transfer Form. ITEM BACKGROUND: Monroe County is the owner of record of a 2006 Ford Explorer Mid Size Utility, VIN # IFMEU62E06UB51052, County ID 1419-5655 ( "Vehicle"). The Vehicle was purchased with funds from Upper Keys Health Care Taxing District ("Taxing District"). The Taxing District has detennined that the Vehicle is surplus property, and its Advisory Board voted at the June 11, 2010 meeting to sell the Vehicle to the County in return for the transfer of funds of $12,375.00 from the Fire and Ambulance District to the Taxing District. County staff has advised that this is the Kelly Blue Book value for the vehicle. The transaction requires the approval of the BOCC sitting in its capacity as the governing board of the Taxing District. The Vehicle will remain titled in Monroe County, PREVIOUS RELEVANT BOARD ACTION: None. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Staff recommends approval. TOTAL COST: $12,375.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N COST TO COUNTY: $12,375.00 SOURCE OF FUNDS: Ad valorem:141-13001 560641 REVENUE PRODUCING: Yes ___,_ No X AMO�INT PER MONTH Year APPROVED BY: County Atty OMB/Purc a�sjjing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 07/09 AGENDA ITEM # RESOLUTION NO. -2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE TRANSFER OF A FORD EXPLORER, COUNTY ID 1419-5655, FROM THE UPPER KEYS HEALTH CARE TAXING DISTRICT IN RETURN FOR PAYMENT IN THE AMOUNT OF $12,375.00 FROM FIRE AND AMBULANCE DISTRICT NO. 1 FUNDS; AND AUTHORIZATION FOR THE DIVISION DIRECTOR, MONROE COUNTY EMERGENCY SERVICES/FIRE RESCUE TO EXECUTE ALL NECESSARY PAPERWORK, INCLUDING BUT NOT LIMITED TO, THE MONROE COUNTY FIXED ASSET TRANSFER FORM. WHEREAS, Upper Keys Health Care Taxing District ("Trauma District") is a municipal service taxing district created by Monroe County Ordinance 008-1998, whose governing board is the Board of County Commissioners; and WHEREAS, Monroe County is the owner of record of a 2006 Ford Explorer Mid Size Utility, VIN # IFMEU62E06UB51052, County ID 141.9-5655 (hereinafter "Vehicle"), which Vehicle was purchased with Trauma District Funds; and WHEREAS, the Trauma District has determined that the vehicle no longer serves a useful purpose for the District and as such it falls within the definition of surplus property as defined in Section 274.05, Florida Statutes; and WHEREAS, Monroe County ("County") staff have indicated that they have a need for the Vehicle; and WHEREAS, at its June 11, 2010 meeting, the Advisory Board to the Upper Keys Health Care Taxing District voted in favor of recommending the sale of the Vehicle to the County for S 12,375.00, which Monroe County staff has detennined is the Kelly Blue Book value for the Vehicle; and WHEREAS, the Board of Governors of Fire and Ambulance District I has offered to purchase the Vehicle for the sum of $12,375.00 to be credited to the account of the .Trauma District, in return for use and possession of the Vehicle by County staff. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. Use and possession of the Vehicle will be transferred from the Upper Keys Health Care Taxing District to Monroe County Fire and Ambulance District No. I upon payment of S 12,375.00 by the Fire and Ambulance District, to be credited to the account of the Taxing District. 2. Division Director, Monroe County Emergency Services/Fire Rescue is authorized to execute all necessary paperwork on behalf of the Taxing District, including but not limited to, the Monroe County Fixed Asset Transfer Form. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] PASSED AND ADOPTED by the Board of County Commissioners, Monroe County Florida at its regular meeting held on the day of 12010, Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Kin Wigington Commissioner Mario Di Gennaro ATTEST: DANNY L. KOHLAGE, COUNTY CLERK am Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA in Mayor/Chairperson MO ROE COUNTY ATTORNEY PRO E.D. CYNTHIA L. HALL ASS1S ANT CQU`ITY p ATTORNEY Date---`-- r BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: County Administrator Bulk Item: Yes X No _ Department: Office of Management & Budget Staff Contact Person/Phone #: Ernie Coughlin X4315 AGENDA ITEM WORDING: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. ITEM BACKGROUND: See attached schedule of items. PREVIOUS RELEVANT BOCC ACTION: See attached schedule of items. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes SOURCE OF FUNDS:N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH APPROVED BY: County Atty X urchasing X DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 11 /06 Year Risk Management N/A AGENDA ITEM # O O Cl r 'o O' C) �' '�" 10 lug' CII 1p� o� O io OM pal o� (`7 NI o� '� N ioi Ili N' O O 0 (O ��i' O'. (O of O u0 lol �' 10 I0I �0 O: "p �o .co =(p la III :V " ^ i N2, L .� I 1� "I f �'r J4 i fs{ ill ldif M� 69; I�� ldij NI fA "dii 1EA� 1 IQI ��E�91 OII ;�? O 'ICII '', (00 Ifs li mIl dd 'dl ?N El m 1 INI 4Ern m INI p ,I N rn I,-, i ,, ;O rn Np' II � ION i � i ' ! 'E' INI i 'O �,, -I IC N E 21. 10 OU. 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'i� N� w -O N IC ��7 Qi J LL,IIll �O n. '.0--. p� o- Ii ll O ' 0. O'ip INJ fOi N 'COO N :OHO INI LL� ~OI NI NI n INI D. V NII D. V LLI 0' IIII IN U �1 _" I I 'OI vC-I Iw' 'C ICI OI w'I C ! wl I OOOI C INI N INI IE, IIN C 101 - IIC O Ci IO C CSC, w�N ' C IICC1II C I cc: CC I �CI p d m,l 8O. 1m Q �CII� e. " NI' 1 m "C EI INj m ICI Ei 'N O)I iC E "a) 01 I CI 'D ml 'CII N, 01 iC "N" ml C "N 01 I.0 O N N "� N O N C- C` .CI O) CI 0) ICI C ICI �I0C1, IOC! CO CC' CO 'E) (EL) � IEl EiCI mC C8, O or- C� ICcrI' Cc COU ig C O C 1-2 OON CI O I OI ION'; IC' I O, f OI Cc: O ON' O' Cml O I N Cml O, O I' IS O 01 ON O ON''� c O" "O IONS INI i m ml N m' jOO N �m m> oIo m> >m of >m 21 m> o m1 o>fo of :>m> of m>I of o Im>I o OI >�l 'o > o,I �- > >of o ml >I oq'l o l m, o> i 1m > oo o m f >' oo Fo o> Q al a , OI Q n l Q Q Q ' 0-1 D- `a Q FI- N iwi hco'm �`oil —Q rQ , `o, I�`ao 00 OMB Schedule Item Number 1 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 149 Municipal Policing From: 149-5130-85545-590990 Contingency Cost Center #85545 Reserves 149 For the Amount: $1,218.00 To: 149-5810-86537-590910 Transfers Cost Center #86537 Budgeted Trf-Uninc./Layton From: 149-5130-85545-590990 Contingency Cost Center #85545 Reserves 149 For the Amount: $1,218.00 To: 149-5810-86538-590910 Transfers Cost Center #86538 Budgeted Trf-Islamorada From: 149-5130-85545-590990 Contingency Cost Center #85545 Reserves 149 For the Amount: $1,218.00 To: 149-5810-86539-590910 Transfers Cost Center #86539 Budgeted Trf-Marathon Fund # 141 Fire & Amb Dist 1 L & M Keys From: 141-5130-85520-590990 Contingency Cost Center #85520 Reserves 141 For the Amount: $95,922.00 To: 141-5810-86511-590910 Transfers Cost Center #86511 Budgeted Transfers 141 Fund # 504 Fleet Management From:504-5130-85542-590990 Contingency Cost Center 485542 Reserves 504 For the Amount: $43,832.00 To: 504-5810-86507-590910 Transfers Cost Center #86507 Budgeted Transfers 504 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. Item 1 Transfer Funds 141, 149, 504 Cost Allocation PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of July, 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 1 Transfer Funds 141, 149, 504 Cost Allocation 2 OMB Schedule Item Number 2 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 # 135 Impact Fees Fire & EMS Cost Center # 31506 Fire Hydrants Dist 1 Project # FI1011 Dist 1 Fire Hydrants Cost Center # 31507 Fire Hydrants Dist 3 Project # FI1031 Dist 3 Fire Hydrants Cost Center # 31510 Fire Hydrants Dist KCB Project # FI1041 Dist KCB Fire Hydrants From: 135-5200-5220-1019-31501-560630 Capital Outlay -Infrastructure Cost Center #31501 Dist 1 Fire & EMS Proj For the Amount: $69,825.00 To: 135-5200-5220-1019-31506-530340-FI1011-530340 Other Contract Services Cost Center #31506 Fire Hydrants Dist 1 From: 135-5200-5220-1019-31503-560630 Cost Center #31503 Dist 3 Fire & EMS Proj For the Amount: $98,000.00 To: 135-5200-5220-1019-31507-530340-FI1031-530340 Cost Center #31507 Fire Hydrants Dist 3 From: 135-5200-5220-1019-31504-560630 Cost Center #31504 Dist KCB Fire & EMS Proj For the Amount: $15,950.00 To: 135-5200-5220-1019-31510-530340-FI1041-530340 Cost Center #31510 Fire Hydrants Dist KCB Capital Outlay -Infrastructure Other Contract Services Capital Outlay -Infrastructure Other Contract Services BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of July, AD 2010. Mayor Murphy Mayor Pro Tem 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 2 Fund 135 Tsfr District Fire Hydrant Projects OMB Schedule Item Number 3 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC Cost Center # 636134 GAKAP129 FAA Grant# 037-035 Function#5400 Activity#5420 Official Division#1018 Project # GAKAP129 RSA Phase 2 Revenue: 406-636134-334410OT-GAKAP129 State Grants -Transportation $490,000.00 Total Revenue: $490,000.00 Appropriations: 406-636134-560630-GAKAP129-560630 Capital Outlay -Infrastructure $490,000.00 Total Appropriations: $490,000.00 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 2V day of July, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 3 unant fund 406 636134 gakap129 faa grant#037-35 OMB Schedule Item Number 4 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 # 115 TDC District Two Penny From:115-5520-75035-530340-TE05238X-530300 Resources Cost Center #75035 Events For the Amount: $7,7474.00 To: 115-5810-86529-590910-TM05310X-590910 Transfers Cost Center #86529 Budgeted Trfs-115 Fund # 117 TDC District 1, 3Cent From:117-5520-77040-530340-TB07240X-530300 Resources Cost Center #77040 TDC Bricks & Mortar For the Amount: $5,341.00 To: 117-5810-86531-590910-TM07310X-590910 Transfers Cost Center #86531 Budgeted Trf-117 Fund # 118 TDC District 2, 3 Cent From: 118-5520-78040-530460-TB08240X-530460 Repair & Maint Cost Center #78040 TDC Bricks & Mortar For the Amount: $1,782.00 To: 118-5810-86532-590910-TM08310X-590910 Transfers Cost Center #86532 Budgeted Trf-118 Fund # 119 TDC District 3, 3 Cent From: 119-5520-79040-530340-TB09240X-530340 Other Contractual Svcs Cost Center #79040 TDC Bricks & Mortar For the Amount: $173.00 To: 119-5810-86533-590910-TM09310X-590910 Transfers Cost Center #86533 Budgeted Transfers 119 Item 4 TDC fund transfers Fund # 120 TDC District 4, 3 Cent From: 120-5520-70040-530460-TB00240X-530460 Repair & Maint Cost Center #70040 TDC Bricks & Mortar For the Amount: $2,074.00 To: 120-5810-86534-590910 Transfers Cost Center #86534 Budgeted Transfers 120 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of July, 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 4 TDC fund transfers 2 OMB Schedule Item Number 5 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type Grants Cost Center # 6155711 ARRA WAP Grant Function#5600 Activity#5640 Official Division#1016 Revenue: 125-6155711-3315000E Federal Grants-Econ Env $7,056.80 Total Revenue: $7,056.80 Appropriations: 125-6155711-530340 Other Contractual Svcs $7,056.80 Total Appropriations: $7,056.80 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 2 1 " day of July, AD 2010. Mayor Murphy Mayor Pro Tern 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 5 unant fund 125 6155711 ARRA WAP grant amend#1 OMB Schedule Item Number 6 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 # 141 Fire & Amb Dist 1 L&M Key From: 141-5130-85520- 590990 Reserves Cost Center #85520 Reserves- 141 For the Amount: $.13 To: 141-5130-69201-530490 Miscellaneous Cost Center #69201 Property Appraiser 141 From: 141-5220-11500-560640 Capital Outlay- Equipment Cost Center #11500 Fire & Rescue Central For the Amount: $30,000.00 To: 141-5810-86511-590001 Transfer to 001 Cost Center #86511 Budgeted Transfer 141 From: 141-5220-13001- 560640 Capital Outlay -Equipment Cost Center #13001 LK & MK Ambulance For the Amount: $20,000.00 To: 141-5810-86511-590001 Transfer to 001 Cost Center #86511 Budgeted Transfer From: 141-5220-13001- 560641 Capital Outlay -Vehicle Cost Center #13001 LK & MK Ambulance For the Amount: $54,930.00 To: 141-5810-86511-590001 Transfer to 001 Cost Center #86511 Budgeted Transfer Fund # 148 Plan, Build, Zoning From: 148-5130-85525-590990 Reserves Cost Center #85525 Reserves-148 For the Amount: $.40 To: 148-5130-69204-530490 Miscellaneous Cost Center #69204 Property Appraiser 148 Item 6 fund 141, 148 transfers 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 21st day of July, 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 6 fund 141, 148 transfers 2 OMB Schedule Item Number 7 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 502 Group Insurance From: 502-5620-08004-530310 Professional Services Cost Center 408004 Group Ins Asserted Claims For the Amount: $10,000.00 To: 502-5620-08001-530310 Professional Services Cost Center #08001 Group Ins Admin BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of July, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I -A (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 7 Fund 502 Tsfr fm 08004 to 08001 Group Ins OMB Schedule Item Number 8 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #001 General Fund Cost Center # 12001 Fire Academy Function#5200 Activity#5220 Official Division#1019 Revenue: 001-5220-381141GT Transfer from Fund 141 $104,930.00 Total Revenue: $104,930.00 Appropriations: 001-5220-12001-560620 Capital Outlay -Bldg $104,930.00 Total Appropriations: $104,930.00 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 21'` day of July, 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 unant fund 001 12001 Fire Academy Resolution No. -2010 OMB Schedule Item Number 9 A RESOLUTION AMENDING RESOLUTION NUMBER 459-2009 WHEREAS, Resolution Number 459-2009, 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. 459-2009 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 December 16`h , 2009 is hereby amended: Fund #125 — Governmental Fund Type Grants Cost Center # 06038 MYC Middle School Pgm V Project # GG1010 MYC Middle School Pgm V Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-2-4X-046 CFDA # 16.738 Revenue: 125-06038-331690OH- GG1010 State Grants $ 41,723.00 ------------- Total Revenue $ 41,723.00 Appropriations: 125-06038-530490-GG1010-530340 Other Contractual Services $41,723.00 --------------- Total Appropriations: $ 41,723.00 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 2l st day of July 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 9 amend reso#459-2009 unant 125 06038 GG1010 MYC Mid School Pgm Resolution No. - 2010 OMB Schedule Item Number 10 A RESOLUTION AMENDING RESOLUTION NUMBER 460-2009 WHEREAS, Resolution Number 460-2009, 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. 460-2009 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 December 161h , 2009 is hereby amended: Fund 9125 — Governmental Fund Type Grants Cost Center # 06039 Prevnt Recidivism fr Adlt Project # GG1011 Prevnt Recidivism fr Adlt Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-3-4X-119 CFDA # 16.738 Revenue: 125-06039-331690OH- GG10ll State Grants $ 32,725.00 Total Revenue $ 32,725.00 Appropriations: 125-06039-530490-GG 10 11-530340 Other Contractual Services $32,725.00 --------------- Total Appropriations: $ 32,725.00 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 21 st day of July AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro am (Seal) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Item 10 amend reso#460-2009 unant 125 06039 GG1011 Prevent recidivism for adults Resolution No. -2010 OMB Schedule Item Number 11 A RESOLUTION AMENDING RESOLUTION NUMBER 009-2010 WHEREAS, Resolution Number 009-2010, 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. 009-2010 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 January 20`h , 2010 is hereby amended: Fund #125 — Governmental Fund Type Grants Cost Center # 06040 Drug Court Pgm Urin Lab Project # GG1012 Drug Court Pgm urin Lab Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-4-4X-113 CFDA # 16.738 Revenue: 125-06040-331690011- GG1012 State Grants $ 46,725.00 ------------- Total Revenue $ 46,725.00 Appropriations: 125-06040-530490-GG 10 12-530340 Other Contractual Services $46,725.00 --------------- Total Appropriations: $ 46,725.00 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 2 1 " day of July AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro in (Seal) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Item 11 amend reso#009-2010 unant 125 06040 GG1012 Drug Court Pgm Urin Lab Resolution No. - 2010 OMB Schedule Item Number 12 A RESOLUTION AMENDING RESOLUTION NUMBER 010-2010 WHEREAS, Resolution Number 010-2010, 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. 010-2010 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 January 201h , 2010 is hereby amended: Fund #125 — Governmental Fund Type Grants Cost Center # 06041 WIT Recidivism Prevention Project # GG1013 WIT Recidivism Prevention Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-I-4X-112 CFDA # 16.738 Revenue: 125-06041-334690OH- GG1013 State Grants $ 21,700.00 Total Revenue $ 21,700.00 Appropriations: 125-06041-530490-GG1013-530340 Other Contractual Services $21,700.00 --------------- Total Appropriations: $21,700.00 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 20th day of January 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 12 amend reso#010-2010 unant 125 06041 GG1013 WIT Recidivism Prevention OMB Schedule Item Number 13 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 # 503 Risk Management From: 503-5130-85541-590990 Contingency Cost Center #85541 Reserves 503 For the Amount: $11,060.13 To: 503-5810-86520-590404 Transfer to Fund 404 Cost Center #86520 Budgeted Transfers 503 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 21st day of July, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RIN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 13 Fund 503 Tsfr fin 85541 to 86520 Resolution No. - 2010 OMB Schedule Item Number 14 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 Intl Airport Revenue: 404-380503GT Total Revenue: Appropriations: 404-63001-530490 Total Appropriations: Transfer fm Fund 503 $ 11,060.13 $ 11,060.13 Miscellaneous $ 11,060.13 $ 11,060.13 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 2 1 " day of July, 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 14 unant fund 404 63001 OMB Schedule Item Number 15 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 # 6153609 — Alzheimer's Disease Initiative Function 5600 Activity 5640 Division 1016 Revenue: 125-6153609-334690OH- State Grants $ 0.00 125-6153609-369001SH- Program Income 0.00 125-6153609-381001GT Trnsfer fm Gen. Fund 001 14,450.00 Total Revenue $14,450.00 Appropriations: 125-6153609-510120-Salaries $ 1,950.00 125-6153609-510210-Fica 0.00 125-6153609-510220-Retirement 0.00 125-6153609-510230-Group Insurance 0.00 125-6153609-510240-Worker's Compensation 0.00 125-6153609-530340-Other Contract Services 12,550.00 125-6153609-530400-Travel 0.00 125-6153609-530410-Phone & Postage 0.00 125-6153609-530451-Risk Management 0.00 125-6153609-530470-Printing 0.00 125-6153609-530498-Advertising 0.00 125-6153609-530510-Office Supplies 0.00 125-6153609-530520-Operating Supplies 0.00 Total Appropriations: $14,450.00 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 2l't day of July AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MM (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 15 uant adi FY09-10 6153609 OMB Schedule Item Number 16 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 #116 TDC Admin & Promo 2 Cent Cost Center # 76065 TDC Promo & Adv 116 Project# TG06707X St of FL Oil Recovery Fund Function 5500 Activity 5520 Offcl/Div# 1050 Revenue: 116-76065-3345000E-TGO6707X State Grant-Econ Env $ 400,000.00 Total Revenue $ 400,000.00 Appropriations: 116-76065-530480-TG06707X-530480 Promotional Advertising $400,000.00 Total Appropriations: $ 400,000.00 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 21 ' day of July AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA wo Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 unant 76065 TG06707X State of Fl Oil Rcvry Fund OMB Schedule Item Number 17 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 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: 001-5130-85500-590990 Reserves Cost Center #85500 Reserves 001 For the Amount: $10,000.00 To: 001-5690-01527-530340 Other Contract Services Cost Center #01527 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21 st day of July, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 17 Fund 001 Tsfr fm 85500 to 01527 Summer Rec Program OMB Schedule Item Number 18 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grant Cost Center # 13502 Emergency Management Base Grant Contract#1 l-FG-15-11-54-01 Project#GE1102 CSFA# 52.008 Function# 5200 Public Safety CFDA# 97.042 Activity#5250 Official Division#1012 July 1, 2010-June 30,2011 Revenue: 125-13502-3342000S-GE1102 State Grants -Public Safety $ 0.00 125-13502-3312000S-GE1102 Federal Grants -Public Safety $ 60,669.00 Total Revenue ------------- $ 60,669.00 Appropriations: 125-5250-13502-510120-GE1102-510120 Regular Salaries & Wages $60,669.00 125-5250-13502-510210-GE1102-510210 FICA $ 125-5250-13502-510220-GE1102-510220 Retirement Contributions $ 0.00 125-5250-13502-530490-GE1102-510230 Life & Health Insurance $ 0.00 125-5250-13502-530490-GE1102-510240 Worker's Compensation $ 0.00 Total Appropriations: ------------- $ 60,669.00 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 2I't day of July 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 18 unant fund 12513502 ge1102 base grant FY10-11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date July 21, 2010 Bulk Item: Yes XX No Division: Office of Management and Budget Department: Grants Administration Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Approval of a Resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance FY 2011 Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County Administrator to execute application. ITEM BACKGROUND: Federal funds are provided each year to the County through the Florida Dept. of Law Enforcement (FDLE) to implement various law enforcement and substance abuse related programs in Monroe County. This year, Monroe County has received an award of $132,959. Proposals for this funding were submitted to the County and were reviewed by the Substance Abuse Policy Advisory Board; its funding recommendations and a copy of the applications are attached. There is no match required. PREVIOUS RELEVANT BOCC ACTION: The County has participated in the Byrne JAG grant program since about 1990. Authorization for the Mayor to execute the grant application's funding distribution letter is also on today's agenda. CONTRACT/AGREEMENT CHANGES: not applicable STAFF RECOMMENDATION: Approval TOTAL COST: $132,959 INDIRECT COST: BUDGETED: Yes XX No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: 0.00 SOURCE OF FUNDS: Federal Grant 100% REVENUE PRODUCING: Yes No XX A T. PER MONTH YEAR APPROVED BY: COUNTY ATTY./ UR MSING RISK MGT r DOCUMENTATION: INCLUDED: BIGOT REQUIRED: DISPOSITION: AGENDA ITEM #: Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 # 2011-JAGC-1496 Section #1 Page 1 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 Application Ref # 2011 -JAGC-1 496 Section #1 Page 2 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: BOYS AND GIRLS CLUB: SMART KIDS PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification It is a well documented fact that children, their families and the entire community benefit dramatically from having easily accessible quality after school programs. Data from a national study of after school programs by the Nellie Mae Foundation indicates that children who spend three or more hours home alone during out of school time are significantly more likely to use drugs or alcohol, have high levels of stress and anger, experience more depression and behavioral problem, possess a lower self-esteem and perform poorly academically. The information from this study clearly points out the fact that a child?s participation in a quality after - school program not only benefits each child and the immediate family, but the entire community. At the end of each school day children will leave the safety of their classrooms. Some will go home to a parent, some will participate in an extracurricular activity and some will have an after school job. But many children will go it alone. Lacking adult supervision or access to an after school program, these children will be in danger. We know from various studies and statistics that the rate of juvenile -related crime actually doubles during the after school hours. This period of time is when a youth is most likely to commit a sexual assault, become involved in substance abuse, sexual activities or crime. The Boys and Girls Club fills that void and reduces the risk of criminal and antisocial behaviors by offering positive after school programming for children. In addition, due to the high cost of living and the lack of affordable housing in Marathon and throughout Monroe County, most parents are forced to work two jobs. This results in a tremendous number of latch key children being left with little or no adult supervision during the critical after school hours, school holidays and vacations. While these young people seem particularly vulnerable, statistics and experience make it crystal clear that all children are at risk in the after school hours if left unsupervised. The problem transcends demographics. Too many children today grow up with a few, if any, positive role models and little, if any encouragement to resist alcohol, tobacco, other drugs, delinquent acts or sexual activity. The norm and expectation for these young people, whether, perceived or real, is that it is almost a ?rite of passage? to participate in these destructive and often dangerous behaviors or actions. Not only is this the perception of young people themselves, but often the perception of the adults in their lives whose passive resignation encourages rather than discourages these behaviors. While young people are often taught skills to prepare them to face educational challenges, at critical stages of psychological, emotional, and intellectual development, they are often not taught the skills needed to make the successful transition from childhood to adulthood and to resist engaging in delinquent behaviors, premature sexual activity, or experimenting with drugs and alcohol. The Boys and Girls Club is committed to offering positive after school programs for youth in the community that address the issues of tobacco, alcohol, drugs, violence, and healthily life skills. Application Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #2 Page 1 of 4 Rule Reference 11 D-M06 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Today there are currently over 400 children who are members of the Boys and Girls Clubs of the Keys. In addition to these members, the Boys and Girls Clubs have provided positive youth development and recreational opportunities to over an additional 500 children this past calendar year. Our after school Clubs in Key West, Big Pine Key and Marathon provides services to over 200 children daily. During the summer we provide children with a full day summer programming in Key West, Big Pine Key, for over 250 children. Over seventy percent of our Club members are from single family homes or have a history of domestic violence or criminal involvement within their families. The majorities of children are from families with annual incomes of less than $22,000 or are receiving subsidized childcare support and are functioning at or below the Monroe County Poverty Level Index. Our Clubs were open for almost 250 days last calendar year, after school, school holidays and school vacations. Currently, all children who attend a Boys and Girls Club receive some form of financial assistance. This assistance is either from the Department of Children and Families or from a Boys and Girls Club Scholarship In Monroe County, a high percentage of families with children are single parent homes or families with annual incomes of less than $22,000. Many are receiving subsidized childcare support and, due to the high cost of living and the lack of affordable housing, most parents are forced to work two jobs. This results in a tremendous number of latch key children being left with little or no adult supervision during the critical after school hours, school holidays, and vacations. While these young people seem particularly vulnerable, statistics and experience make it crystal clear that all children are at risk in the after school hours if left unsupervised. Project Summary The Boys and Girls Clubs of the Keys is excited about continuing our successful partnership with the Monroe County School District and Monroe County with the continuation of our preschool and after school academic and preventive programs at Stanley Switlik Elementary School in Marathon. The program is designed to support learning, motivation and leadership development. Our target population is at risk elementary school students; a special effort will be made to reach minority and low socioeconomic students. The target population will have structured activities, breakfast, after school snacks and supervision prior to and after each school day. The overall objectives of the program are to better furnish the targeted students with the skills needed to be successful in their homes, schools and communities. This program will be under the direction of certified teachers will offer homework help, prevention programs and activities, and organized recreational activities. The School District will provide transportation home after school. Our successful and extensive experience in youth development has shown that utilizing small, peer -driven groups is the best way to promote sound character and strong leadership skills. With the guidance of caring adults, who mentor and empower them, members develop essential character traits including responsibility, respect for self and others, trustworthiness, fairness and caring - as they learn positive leadership skills that help them influence others in positive ways. Health and fitness play a vital role in the Club which fosters and encourages healthy physical development, team building skills and other important life skills. Through recreational activities, Club members have fun and acquire self-confidence, a sense of fair play and skills in interpersonal relationships. These are the goals of Club related activities and programs Our goal with this grant is to be able continue and enhance our efforts with our SMART Application Ref # 2011-JAGC-1496 Section #2 Page 2 of 4 Contract -JAGC-MONR- - - Rule Reference 11 D-M06 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide KIDS preventive program in Marathon. These preventive programs are age specific and designed to encourage collaboration, interaction, support and education among Club staff, youth, parents and community service providers. The goals of each of these programs are to develop a positive concept of self worth; development of leadership skills; build resiliency; peer support and enhance each child?s abilities to make positive decisions, to think before acting and to be proactive to situations rather than reactive. In addition to continuing to enhance these efforts our goal will continue to be to improve and expand our academic tutoring program. Power Hour/Project Learn programs currently provide academic assistance to over 40 youth daily. Expansion of and formalizing the Club?s commitment to various community service projects will be enhanced. The Club feels that it is important for our members to give something back to the community which fosters each child?s belief that he/she is part of a larger community. Application Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #2 Page 3 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #2 Page 4 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Academic Tutoring Target Group: Children Geographic Area: Rural Location Type: School, Elementary Address(es) : Stanley Switlik Elementary School 3200 Overseas Highway Marathon , FL 33050 Activity Description Activity: After School Program Target Group: Children Geographic Area: Rural Location Type: School, Elementary Address(es) : Stanley Switlik Elementary School 3200 Overseas Highway Marathon , FL 33050 Activity Description Activity: Community Service Target Group: Children Geographic Area: Rural Location Type: School, Elementary Address(es) : on Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #3 Page 1 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Stanley Switlik Elementary School 3200 Overseas Highway Marathon , FL 33050 Activity Description Activity: Drug Prevention Education Target Group: Children Geographic Area: Rural Location Type: School, Elementary Address(es) : Stanley Switlik Elementary School 3200 Overseas Highway Marathon , FL 33050 Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: Rural Location Type: School, Elementary Address(es) : Stanley Switlik Elementary School 3200 Overseas Highway Marathon , FL 33050 Activity Description Activity: Recreation Program Target Group: Children Geographic Area: Rural Location Type: School, Elementary Address(es) : Stanley Switlik Elementary School 3200 Overseas Highway Marathon , FL 33050 Application Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #3 Page 2 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Objectives and Measures Objective: 02.A.Sl - Number of new local initiatives planned Measure: Part 1 Number of new local initiatives planned Goal: 1 Measure: Part 2 Number of new local initiatives to be implemented Goal: 1 Objective: 03.A.DS* - Number of program participants receiving services Measure: Part 1 Number of program participants to receive services during the grant period Goal: 50 Measure: Part 2 Number of program participants to receive services during each reporting period Goal: 50 Objective: 06.A.BT* - Number of program participants who completed programming Measure: Part 1 Number of program participants to complete programming during the grant period Goal: 45 Measure: Part 2 Number of program participants who will exit programming during the grant period (complete or not complete) Goal: 50 Application Ref # 2011-JAGC-1496 Section #3 Page 3 of 4 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: NA Question: If "other" was selected for location type, please describe. Answer: NA Application Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #3 Page 4 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: of : Ail f_nar)ci l .`'annitta -c Will b �senrot to he Chief Firiancia1 ffic-,_r 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 $20,823.00 $0.00 $20,823.00 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 -- $20,823.00 $0.00 $20,823.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2011-JAGC-1496 Section #4 Page 1 of 3 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: CONTRACTUAL SERVICES: The Boys and Girls Club of the Keys Area will provide 800 hours of after school prevention programming for at -risk youth. Services will be provided approximately 32 hours per week for 25 weeks. The services will be provided by a Program Director and Prevention/Activity Coordinators. Unit: 1 hour Unit Cost: $26.00 Unit Cost Budget: 800 Units of After School Prevention Programs and Activities @ $26.028 per Unit = $20,823 Total Unit Cost Calculation: 80 units x $26.028 = $20,823 TOTAL BUDGET: $20,823 CONTRACT: Monroe County will execute a contract with the Boys and Girls Club of the Keys Area for the SMART KIDS Program for the period of Oct 1, 2010 though Sept 30, 2011 to cover the grant period. A copy of the contract will be sent to FDLE. Application Ref # 2011-JAGC-1496 Section #4 Page 2 of 3 Contract -JAGC-MONK- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: NA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NA Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Monroe County's OCO threshold is $1,000. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: NA Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: Unit Cost Budget Basis: Salaries: Marathon Program Director $25/hr x 200 hours = $5,000 PM Prevention Activity Coordinators $25/hr x 300 hours = $7,500 AM Prevention ACtivity Coordinators $25/hr x 300 hours = $7,500 Total Service Units = 800 hours Total Salaries = $20,000 Total Supplies = 823 TOTAL BUDGET = $20,823 TOTAL UNITS = 800 TOTAL COST PER UNIT = $26.028 on Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #4 Page 3 of 3 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2011-JAGC-1496 Section #5 Page 1 of 1 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions 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. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (hftp://www.pig.usdoi-ciov/financiaIciuide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (hftp://www.00p.usdoi-oov/BJA/qrant/iag.htmi) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": https:/Iwww.flruies.org/ Office of Management and Budget (OMB) Circulars: hftP://www.whitehouse.goy/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" o A-133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: hftp://www.qp2access-gov/cfr/index.html o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: hftp://www.pip.usdoi-ciov/BJA/qrant/iag.html • United States Code: http://www.qp2access.qov/uscode/index.html o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according SFY 2011 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the 'original' project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post -audit. (d) Before the "final' Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and 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 subgrant recipient. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. SFY 2011 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. The subgrant 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, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. 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 Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2011 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit 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 Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. 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 that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." b. A complete audit report that 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. 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. d. 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. e. 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. 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, which can be in the form of the "Certification of Audit Exemption" form, 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 the Department no later than March 1 following the end of the fiscal year. SFY 2011 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department 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 Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant 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 subgrant 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 subgrant 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 subgrant recipient. b. 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 subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. 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 Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat. , and SFY 2011 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2011 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. 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. § SFY 2011 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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). 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.usdoi.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. 34. 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). 35. 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 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. 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 subgrant recipient 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. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non -Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their 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; SFY 2011 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. 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 31 USC 1352. 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. C. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 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 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 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 certification 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. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying 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 the Office of Justice Programs. SFY 2011 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay — to — Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2011 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. 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. 44. The Coastal Barrier Resources Act The subgrant recipient 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 prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient 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 SFY 2011 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department 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. 47. Flood Disaster Protection Act The subgrant recipient 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. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all 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 Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem,gov/implementationquide.php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.oOp.gov/default aspx?area=r)oIicyAndPractice&page=1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency 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. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient 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. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient 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. 60. 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 SFY 2011 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "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 ht(y//www.oip.goy/about/ocr/equal fbo htm. 61. 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. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2011 Page 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: l mn r o e COL—, �y l3 c cc Signature: Typed Name and Title: S� v < f "' (� h Date: c Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Wl p0 troC Co, r g oC L Signature: Typed Name and Title: Date: ��U �t 2( Z t u IL ChEP�i'° ASSi Application Ref ## 2011-JAGC-1496 `- Section age 1 of 1 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2011-JAGC-1496 Contract -JAGC-MONR- - - Section #7 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Boys and Girls Club SMART KIDS Program Grant Number: 201 1-JAGC-1496 Award Amount: $ 20,823 Contact Person Name and Title: Lisa Tenn 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 (EEOP) in accordance with 28 C.FA §§ 42.301-.308. The regulations exempt some recipients from all of the ESOP 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 7d' 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 ESOP Requirement. Please check all the boxes that apply. ❑ 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 §42302. 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): I, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners Irecipient] ,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 [address],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 7/21/10 Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date: 01/31/06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant 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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 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; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of 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 cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities', in accordance with its instructions, (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, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. 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 - A. 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 judgement 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 B. 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. 3. 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- A. 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; FDLE JAG 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 Edward Byrne Memorial Justice Assistance Grant 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; (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). 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 4061/7. Check here _ If the State has elected to complete OJP Form 4061 /7. 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- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of 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 specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) 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, 1 hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address:Monroe County Board of County Commissioners, 1100 Simonton Street, Key West FI, 33040 2. Project Name: Boys and Girls Club SMART KIDS Program 3. Typed Name and Title of Authorized Representative: Roman Gastesi, Jr., County Administrator 4. Signature: 5. Date: July 21, 2010 FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Certification Page 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 # 2011-JAGC-1492 Section #1 Page 1 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 Application Ref # 2011-JAGC-1492 Section #1 Page 2 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: WOMEN IN TRANSITION: RECIVIDISM PREVENTION PROGRAM FOR WOMEN WITH HISTORIES OF SUBSTANCE ABUSE AND INCARCERATION Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification The problem is the lack of funds necessary to provide drug testing as part of a comprehensive support program for women, referred to the program through the criminal justice system, who have a history of substance abuse and incarceration and are in a food and shelter crisis. Without comprehensive support, these women often end up re -arrested and re -incarcerated and unable to break the cycle of addiction. Samuel's House is a provider of emergency and long term shelter for homeless women and women with children. Most of the women who come to the shelter have substance abuse issues; many also have a history of incarceration. During 2009, Samuel's House provided up to 60 beds per night for 193 homeless women and their children - almost 17,000 nights of shelter. A large number of requests come from women who have either just been released from incarceration or have a history of arrests. An increasing number of these women are referred to the agency through the legal process - from Pre-trial services, jail diversion or court -mandated. Because of their drug and alcohol addiction, many of the women coming for shelter have been involved in the criminal justice system. Without the shelter, case management and other services offered to them by Samuel's House, the rate of recidivism is great. Agency statistics indicate that for 2009, almost 100% of the 193 women served at the shelter reported having substance abuse issues. Due to the prevalence of substance abuse history among clients, Samuel's House screens each woman for alcohol use prior to being admitted. Also, compliance with random drug testing is mandatory for continued participation in the program. The cost of one drug test is $15.00. In 2009, 2,000 tests were administered. It is expected that an increased number of tests will be required this year as the shelter is seeing increased referrals for women needing shelter and services. Just as the numbers of women requesting shelter from Samuel's House have increased from 2009, so have the numbers of women with substance abuse issues. Data from the Monroe County Sheriffs office indicate 6,447 substance abuse related bookings (19,631 jail days) were reported in 2007-08. The Monroe County Detention Center reports over 80% of those arrested have substance abuse problems and high rates of recidivism. Records of HELPLINE, a 24-hour crisis intervention, information and referral service in Monroe County report 913 substance abuse related calls in 2009. And, throughout Monroe County, an inordinate number of women -in -crisis are homeless due to substance -abuse. Once admitted to the shelter, each woman is provided case management services, through the Women -In -Transition (WIT) program, that include mental/physical health care, individualized counseling, help with finding a job, assistance with childcare, and Application Ref # 2011-JAGC-1492 Contract -JAGC-MONR- - - Section #2 Page 1 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide recovery assistance. Drug testing is an important component to this program. Not only is staying drug and alcohol free necessary for remaining sheltered at Samuel's House, these are critical steps in avoiding incarceration or re -incarceration and moving toward a better life and future. Samuel's House has proven that random drug testing is an effective tool for encouraging a woman to remain sober and drug -free. The WIT program has reached beyond the targeted number of clients anticipated during the first year of operation. It was anticipated that 55 women would be served by WIT in a year. However, 217 women have participated in WIT program, placing the program at 129% of the anticipated enrollment goal. Significant reductions in alcohol and drug use were evident from admission to six -months. Significant reductions in stress and emotional problems related to alcohol and drug use were evident from admission to six months. Employment and health situations improved as did the number of women who were able to acquire permanent housing when they left Samuel's House. Unfortunately, grant funds for the Women in Transition program are restricted and do now allow reimbursement for services such as drug testing. In addition, other grant funds are decreasing at a time when the need for shelter is increasing. The agency is increasingly financially -strained by rising costs, and cannot afford to cover the costs of drug -testing, a critical and effective component of the Women In Transition program. Project Summary With a grant from FDLE, Samuel's House will be able to provide drug -testing as part of its Women -In -Transition program, a comprehensive case-management/recovery support program for women with histories of substance abuse and incarceration. This grant will enable Samuel's House to provide drug testing for those women referred to the program through the criminal justice system -- Pre-trial services, jail diversion or through the courts. Because of their durg and alcohol addiction many of the women coming for shelter have become homeless, unemployed, ill and have committed crimes. Many of these women have children. The goal of the WIT program is to provide substance abuse recovery and other supports to keep women alcohol and drug -free and to prevent incarceration or re -incarceration. Drug -testing is an important component of the program. We used to have to use two different testing devices to detect both drugs and alcohol. However, we now use a new, more comprehensive test that can simultaneously test for 6 drugs (marijuana, cocaine, opiates, amphetamines, methampetamines, and benzodiazepines) and alcohol in a single tes. The cost of the test is $15.00. It is saliva -based, so it can be used under observation (reducing the chances for tampering), is easier to use, less invasive and provide results within minutes. It is far more cost effective because it eliminates the need for and expense of administering two separate tests. Samuel's House partners with and has clients referred from the Monroe County Sheriffs Office, Pre -Trial Services, and the Monroe County Jail Diversion program. Application Ref # 2011-JAGC-1492 Contract -JAGC-MONR- - - Section #2 Page 2 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Application Ref # 2011-JAGC-1492 Section #2 Page 3 of 4 Contract -JAGC-MOLAR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2011-JAGC-1492 Contract -JAGC-MONR- - - Section #2 Page 4 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Drug Testing Target Group: Females Geographic Area: Rural Location Type: Community -based organization Objectives and Measures Objective: 03.A.DS* - Number of program participants receiving services Measure: Part 1 Number of program participants to receive services during the grant period Goal: 125 Measure: Part 2 Number of program participants to receive services during each reporting period Goal: 32 Objective: 58.A.Sl - Number of existing local initiatives Measure: Part 1 Will this grant continue a local initiative that was begun with any other funding source, including a prior year's grant? Goal: Yes Application Ref # 2011-JAGC-1492 Section #3 Page 1 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: NA Question: If "other" was selected for location type, please describe. Answer: NA Application Ref # 2011-JAGC-1492 Contract -JAGC-MONR- - - Section #3 Page 2 of 2 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: NC'Re: Al financial ire iiittdtice¢p ry � 1 she --en to the �'�€g:'�' Finn � i-i Officer .._f fr "S.s 4..6 L 4 t >i +i, � 2. e � r i� E.. 0 i z'mi 3 ",a` £ € e 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 $17,500.00 $0.00 $17,500.00 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 -- $17,500.00 $0.00 $17,500.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Het # 2011-JAGC-1492 Section #4 Page 1 of 3 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: CONTRACTUAL SERVICES: Samuel's House will administer 1,167 drug tests to women in its Shelter and long term housing programs who have been referred to the program through the criminal justice system (such as Pre- trial services, jail diversion or the courts.) One Unit:One oral fluid 6-panel drug and alcohol screening test Unit Cost: $15.00 Total Units: 1,167 Total Budget = $15.00 x 1,167 = $17,500. Application Ref # 2011-JAGC-1492 Contract -JAGC-MONR- - - Section #4 Page 2 of 3 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: NA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NA Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Monroe County's OCO threshold is $1,000. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: NA Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: Unit Cost Basis: One unit: one oral fluid 6 panel drug and alcohol test Unit cost: $15.00 Total units: 1,167 Total Budget: $17,500 Application Ref # 2011-JAGC-1492 Contract -JAGC-MONR- - - Section #4 Page 3 of 3 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2011-JAGC-1492 Contract -JAGC-MONR- - - Section #5 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions 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. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide)(http://www.pip-usdoi.aov/financialauide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (hftp://www.Qjp.usdoi.gov/BJA/-qranViag.htmi) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": https://www.flrules.ora/ Office of Management and Budget (OMB) Circulars: hftp://www.whittt2glgzg2vL/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 226), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" o A-133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: hftp:/twww.qp2�access.gov/cf indexhtml o 28 CFR 38, "Equal Treatment for Faith -Based Organizations' o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: hftp://www.pig,usdoi.qov/BJA/qrant/iag.htmI • United States Code: http://www.gpoaccess.gov/uscode/index html o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according SFY 2011 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the 'original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post -audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and 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 subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. SFY 2011 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant 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, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. 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 Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2011 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit 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 Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. 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 that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." b. A complete audit report that 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. 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. d. 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. e. 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. 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, which can be in the form of the "Certification of Audit Exemption" form, 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 the Department no later than March 1 following the end of the fiscal year. SFY 2011 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department 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 Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant 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 subgrant 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 subgrant 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 subgrant recipient. b. 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 subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. 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 Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat. , and SFY 2011 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2011 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. 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. § SFY 2011 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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). 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.omp.usdoi.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. 34. 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). 35. 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 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. 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 subgrant recipient 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. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non -Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their 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; SFY 2011 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. 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 31 USC 1352. 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. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 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 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 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 certification 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. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying 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 the Office of Justice Programs. SFY 2011 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay — to — Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2011 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. 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. 44. The Coastal Barrier Resources Act The subgrant recipient 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 prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient 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 SFY 2011 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department 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. 47. Flood Disaster Protection Act The subgrant recipient 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. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all 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 Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem..qov/implementation,guide,php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.oip.4ov/defauIt.aspx?area=r)olicyAndPractice&page=1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency 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. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient 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. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient 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. 60. 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 SFY 2011 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "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 prose lytization. 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.aov/about/ocr/equal fbo htm. 61. 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. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2011 Page 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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: fm 0') ✓a P ©(' Signature: Typed Name and Title: vi Q Date: �u Z 1 , -2 0 Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: M DelV,y if Cava �, r? 0 C ('-1 Signature: Typed Name and Title: Date: S�fV1� ✓Vlu✓ph It�4 21,2�O10 MArj6- 4�HRISTI AS'ISTANT GOh. Application Ref # 2011-JAGC-1492 Section #6 Page 1 of 1 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2011-JAGC-1492 Section #7 Page 1 of 1 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Women in Transition Recidivism Prevention for Women Grant Number: 2011 -JAGC-1 492 Award Amount: $1 7,500 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 (EEOP) 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 ESOP 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): 1, Roman Gastesi, Jr., County Administrator [responsible officiall, certify that the Monroe County Board of County Commissioners [ recipient[,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, etseq., 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 [addressl,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 7/21/10 Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date: 01 /31/06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant 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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 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; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of 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 cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; (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, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. 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 - A. 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 judgement 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 B. 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. 3. 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- A. 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; FDLE JAG 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 Edward Byrne Memorial Justice Assistance Grant Program (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 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; (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). 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- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of 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 specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) 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 Board of County Commissioners, 1100 Simonton Street Key West FI 33040 2. Project Name: Women in Transition: Recidivism Prevention for Women 3. Typed Name and Title of Authorized Representative: Roman Gastesi, Jr., County Administrator 4. Signature: 5. Date: July 21, 2010 FDLE JAG Grant Application Package Lobbying Debarment Suspension and Drug -Free Workplace Certification Page 2 RESOLUTION NO._ _ 2010 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the funding for Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, the Monroe County Board of Commissioners agrees to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $132,959 with no cash match; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2011 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. 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 July, A.D., 2010. (Seal) Mayor Murphy Mayor Pro Tern Carruthers Commissioner Neugent Commissioner DiGennaro Commissioner Wigington Monroe County Board of Commissioners Attest: Clerk of Court By. APFIROVV q �S TO FORM: --IMS TINE M. LIMBERT-BARROWS r:��Si TA(T COUNTY ATTORNEY Following are the applications for the FY 2011 JAG grant program and the recommendations of the Substance Abuse Policy Advisory Board (minutes from June 21, 2010 meeting.) Substance Abuse Policy Advisory Board Minutes (Not Yet Approved) June 21, 2010 Harvey Govt. Center, 1200 Truman Ave. 12:30 P.M. Key West, FL Board members/designees present: Rosemarie Enright, Public Defender, Vice -Chairperson Larry Prescott, for Jamie Pipher, RVP Guidance Care Center Dr. Joseph Burke, Superintendent of Schools Bob Audette for Patricia Burns, Florida Dept. of Corrections Parole and Probation Sylvia Murphy, Mayor Pro Tern, District 5 Commissioner Chief Ken Dugger for Bob Peryam, Sheriff Robert Petrick, Chief of Police, Key Colony Beach Donald Barrett for Dennis Ward, State Attorney Holly Elomina, Court Administrator Staff members present: Lisa Tennyson, Monroe County Grants Administrator Vice -Chair noted the existence of a quorum, and the meeting was called to order at approximately 12:40 P.M. Board members introduced themselves and disclosed any affiliations with applicants. Dr. Burke noted his affiliation with the School District and Monroe Youth Challenge; Holly Elomina noted her affiliation with the 16th Judicial Circuit; Larry Prescott noted his affiliation with the Guidance Care Center. A motion to approve the minutes of the June 16, 2009 meeting passed unanimously. Lisa Tennyson then informed the board that the County will receive $132,959 in its Byrne JAG funds. Lisa noted that six with accepting applications for this funding were received and that the requests exceed available funds. Lisa Tennyson then summarized the status of the Drug Abuse Trust Fund (DATF) money. She noted that last year we utilized this funding to supplement the Byrne JAG funding in the amount of $35,000. She informed the Board that the fund will earn approximately $20,000 and that there is approximately $113,000 in the fund. Lisa informed the Board that they needed to decide whether and how much of the DATF to use to supplement Byrne JAG this yea r. A motion was made and seconded to use $20,000 from the Clerk's Drug Abuse Trust Fund. The motion passed unanimously. Applicants for the Byrne JAG and DATF funding then made presentations and answered questions from the board: Dan Dombrowski of the Boys and Girls Club discussed its Smart Kids Program at Stanley Switlick Middle School in Marathon. • Sunny Booker discussed the drug abuse prevention education Monroe Youth Challenge Program. • Janice Drewing discussed the Heron Peacock recidivism prevention program. • Michael Hayes of the 161h Judicial Circuit discussed the Drug Court's Drug Testing Laboratory. • Nadine Hood of the Guidance Care Center discussed its Female Jail Incarceration Program. • Elmira Leto discussed her Samuel's House/WIT program. Rosemarie Enright stated that historically Byrne JAG funds were used to "seed" new programs and that there was a four year limit on funded programs, and expressed concern that this funding was being used for the same groups year after year; and that perhaps we should re -visit the 4 year funding limit. At this point, Mayor made the following funding recommendation: Boys and Girls: $23,000 MYC: $39,000 Heron Peacock: $29,000 16th Judicial Circuit: 43,000 Samuel's House: $19,000 Mayor Murphy explained why she wasn't recommending funding for Guidance Care Center: 1) it was a new applicant this year; 2) West Care, the parent company, is a large entity with lots of capacity; 3) the Guidance Care Center receives funding through the County's HSAB, as a BOCC line item and receives the County's RSAT funding. The group took a brief break and reconvened after 10 minutes. Holly Elomina expressed concern about funding for the Female JIP program, stating that she thought it was an important program. Larry Prescott explained that the sources of funding for the Guidance Care Center prohibited the funds from being used in the jail. Dr. Burke then made the following funding recommendation motion: Boys and Girls Club: $30,000 MYC: $40,000 Heron Peacock: $30,000 16th Judicial Circuit: $40,000 Samuel's House: $19,000 Mayor Murphy seconded. There was discussion. R. Petrick stated that he thought the JIP program was important. Don Barrett re -iterated this, and asked if it could be funded with less than what was requested. Nadine Hood explained that is was a full-time staff position and that the staff required certification. There was a discussion of the Guidance Care Center's $1 million in funding from the County and whether there was any capacity within this funding to fund the position for the JIP program. A vote was called on the motion; it failed with 4 "no's," 3 ayes and 2 abstentions. (Larry Prescott of the Guidance Care Center and Holly Elomina of the 16th Judicial Circuit abstained.) Robert Petrick made a new motion with the following recommendations: Boys and Girls Club: $ 23,877 MYC: $39,000 Heron Peacock: $25,000 16th Judicial Circuit: $0 Samuel's House: $20,000 The motion failed with 5 "no's," 2 ayes, and 2 abstentions. (Larry Prescott and Holly Elomina again abstained.) Holly discussed her willingness to reduce her request to half of the staff salary for which she was seeking funding; adding an additional $12,000 to distribute. N. Hood stated that she would try to work with less, if she could provide a part-time staff person to provide a part- time program. Rosemarie Enright then discussed reducing everyone's amount a small amount and increasing the amount from the Drug Abuse Trust Fund. The members of the board agreed R. Enright then made a motion with the following recommendations: Boys and Girls Club: $ 22,377 MYC: $38,500 Heron Peacock: $28,500 16th Judicial Circuit: $27,636 Samuel's House: $17,500 Guidance Care Center: $ 22,250 The motion passed unanimously. R. Enright then made a motion to increase the amount to be used from the DATF to $23,804. The motion passed unanimously. R. Enright then made a motion to proportionately distribute any excess or shortage of funds due to any changes made by County Commission, FDLE, or applicant after SAPAB approval of recommendations for FY2011 Byrne funds. The motion was approved unanimously. Upon a motion by Rosemarie Enright, RaiEtte Avael was unanimously re-elected as Chairperson. Mayor Sylvia Murphy was unanimously elected as Vice -Chairperson. The board discussed and agreed to limit the funding to 3 years; with the clock starting next funding cycle. R. Enright also suggested that organizations limit their speakers to the one - that being the representative of the organization or program. The board agreed. At approximately 3:30 P. M., there being no further business, the meeting was adjourned O C O O - r cow Z 0 nvrn D y ? N CD :33.m NCL Q -3 0 G;� ; a1 D ,. rt 0 (o c to m n 0 cu CL Q Z1 Z CDQ 0 ca m " -h K a aC- > > 0 n� c CD cD o n N CD D s N a m v a c-v D ' cQ a � a U) cn m v = m -n 3 c 'aC Q 4A fA 4A l< 3 CD CDwN cD V 00 w W Q1 Q A tcnG cD n 0 3 0 CD 0 C- a) 5 0 m a CD E3 v o' 0 cn v 3 N 0 0 co <D L Q n cc N D 'n G) M CD m G CD W Al a N� O Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 # 2011-JAGC-1474 Contract -JAGC-MONR- - - Section #1 Page 1 of 2 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 Application Ref # 2011-JAGC-1474 Contract -JAGC-MONR- - - Section #1 Page 2 of 2 Rule Reference 11 D-g.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: DRUG COURT PROGRAM -URINALYSIS LAB ENHANCEMENT Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification 1. Problem Identification: The 16th Judicial Circuit Drug Court Laboratory Program is a comprehensive urinalysis facility providing drug -testing services to hundreds of adults, youth and families throughout Monroe County. Over the past four years, demand for the high -quality urinalysis/drug testing services of the Drug Court Program Laboratory has risen considerably. Originally designed to serve the Monroe County Drug Courts, the Drug Court Lab's certified drug -testing service is now called upon by many other law enforcement agencies throughout the County. In an effort to promote public safety, the Drug Court Lab struggles to meet this increased demand and maximize its tremendous resources, at the same time it has experienced reduced funding. This grant will continue to enhance the capacity of the Drug Court Laboratory, by allowing us to continue a new position, a Laboratory Manager. With the addition of this key staffperson, the Lab is and will continue to be able to respond to the increased demand for urinalysis/drug testing services from law enforcement entities throughout the Florida Keys. (The Lab Manager position will be an employee of Monroe County and will work 100% on this project.) a. Problem Description: The demand for drug testing for substance abusing offenders in Monroe County far exceeds the present Drug Court Laboratory's present capacity. In 1990 the urinalysis component began under the Pretrial Services Program for criminal defendant's arrested for substance related charges, released to the community, pending disposition of their cases. The need for urinalysis services multiplied with the insurgence of Adult Diversion Drug Court in 1993, Juvenile Drug Court in 1996, and Family Treatment Dependency Drug Court in 2000. The 2008 Lab numbers have significantly increased. For the current fiscal year, we have added three new testing contracts. Additionally, we have installed a new analyzer, the "Olympus 400 Delivery System". This state- of-the-art machine allows the lab to double its capacity and maintain a cost that is significantly below other commercial rates in and out of Monroe County. In conjunction with the analyzer installation, has and continues to negotiate additional Lab service contracts. The new machine allows us to increase our volume with subsequent cost benefits passed along to numerous agencies throughout the Keys. However, as a result of recent budget cuts, the Lab currently lacks sufficient staff resources to maximize the Lab's valuable resources. Staffing is critical in the Lab, as proper drug -testing procedures require certified staff (Drug and Alcohol Testing Industry Associated Certified Professional Collections Trainers) and that staff must ensure compliance with strict chain of custody requirements, and that all testing procedures Application Ref # 2011-JAGC-1474 Contract -JAGC-MONR- - - Section #2 Page 1 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide accord with national standards for the Drug Courts, and commonly recognized guidelines such as those established by the American Probation and Parole Association, and the Department of Transportation. b. Problem Significance: Substance abuse is a significant problem in Monroe County. Data from the Monroe County Sheriffs Office indicates 6,447 substance abuse related bookings (19,631 jail days) were reported in 2007-2008. The Monroe County Detention Center reports over 80% of those arrested have substance abuse problems and high rates of recidivism. Records of HELPL►NE, a 24-hour crisis intervention and referral service in Monroe County reports 2,355 substance abuse related calls last year. Other community service providers, such as our shelters and mental health providers similarly report high numbers of substance abusing clients. Drug testing promotes public safety by alerting the referral agent of drug use and increased risk of criminal activity. It also allows for immediate intervention by such agencies at the point of relapse. Abstinence from alcohol or other drug use is critical if a client is to benefit from participation in a treatment program. Testing urine for the presence of alcohol or other drugs serves to monitor and confirm client drug use or abstinence. Prompt and accurate test results promote open and honest communication among all parties. Positive test results compel clients to accept responsibility for their actions and reduce their tendency to deny their drug use. Frequent court -ordered alcohol and other drug testing is essential. An accurate, certified, testing program is the most objective and efficient way to establish a framework for accountability and to gauge each participant's progress. The Drug Court Laboratory provides this accurate, certified testing service in Monroe County for an assortment of law enforcement entities in the County including: the Courts per Judicial request, rug Court Adult Diversion Drug Court, Family Treatment Dependency Drug Court, Juvenile D, The Department of Juvenile Justice, IDDS(Intensive Delivery of Diversion Services), A for adjudicated delinquents, The Department of Children and Families Protective IPositive Step, Positive unit, Teen Court, and Pretrial Services. The Drug Court Lab requires additional resources in order to meet the growing need for drug testing services. The program must be staffed with certified, gender -specific collection observers during operational hours. However, as a result of 2008 budget cuts, the Key West part-time tech position was cut, and now other Drug Court employees, such as counselors must help with supervising the specimen submissions in Key West. The counselors are providing the necessary staffing support and spending valuable, limited time supervising urine submissions, which could otherwise be spent treating clients. The funding of the new manager position will eliminate the need for the Drug Court counselors to supervise urine drops, and allow them to properly focus their time on treating clients. C. Needs Assessment: Application Refif 2011-JAGC-1474 Contract -JAGC-MONR- - - Section #2 Page 2 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Numerous indicators tell us that substance abuse is significant and on the rise in Monroe County. The need for certified, accurate drug -tests has continued to increase. Each year the number of referrals to the Drug Court Lab rises significantly, as does the number of agencies and service providers requesting the Lab's services. The Lab performs upwards of 2,000 tests per month; sometimes as many as 150 per year per referral (some clients are tested as frequently as 3x per week.) The Drug Court Lab reports that they have experienced a 48% increase in the number of clients/referrals and a 62% increase in the number of tests from 2005 to 2008. This growth requires additional staff. Project Summary The Drug Court Laboratory's urinalysis drug -testing service promotes public safety by alerting the Court and other law enforcement agencies to drug use and the increased risk of associated criminal activity. It also allows for immediate intervention by Drug Court counselors at the point of relapse. With this grant, the Drug Laboratory will be able to continue a critical new staff position, Laboratory Manager. The addition of this position will enable the Lab to continue to: 1) provide additional testing services to meet the growing needs of law enforcement in Monroe County; 2) improve/expedite the processing of the increased number of testing service requests; 3) maximize its new state of the art testing equipment; 4) provide testing services at a greatly reduced cost at a time when cost factors are a grave concern for law enforcement programs and agencies throughout the County; and 5) provide thorough administration of protocols and procedures, and proper supervision, support and training of Lab technicians. The Lab Manager works at the Drug Court Laboratory located at 3139 Riviera Drive in Key West, Florida. The Manager supervises the daily operations of the Lab. He/She also supervises the operations and activities of the Drug Court Lab satellite sites located in the Middle Keys at the Marathon Court House Annex operating Mondays and Thursdays from 5:30pm to 7:00pm; and in the Upper Keys at the Plantation Key Drug Court Office in Tavernier, Florida. The Drug Court Lab Manager oversees and processes testing service requests from a wide spectrum of law enforcement entities in Monroe County including open Court, Adult Diversion Drug Court, Family Treatment Dependency Drug Court, Juvenile Drug Court, The Department of Juvenile Justice, IDDS (Intensive Delivery of Diversion Services), A Positive Step (adjudicated delinquents), The Department of Children and Families protective investigations unit, Teen Court, and Pretrial Services. The Lab Manager oversees and ensures the Drug Testing Chain of Custody Procedures which consists of the following steps: Certified Urinalysis Program Technicians provide clients with specific information relevant to the basic rules and regulations of specimen collection, handling of samples, analysis, testing and result reporting. This information is reviewed with clients to make certain they understand it. Clients are informed about how drug test results are used, who receives the test result information, and the consequences of either a positive test result or a refusal to test. The client is informed that a refusal to test may be considered a missed drop, which may be a violation of their program participation. This information will be reported to the Referral Agent. The Lab Manager ensures that drug testing is as valid and reliable a procedure as possible. Contributing to this validity and reliability are the following: Urine specimen Application Ref # 2011-JAGC-1474 Contract -JAGC-MOLAR- - - Section #2 Page 3 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide collection is directly observed. Clients are required to produce a sample observed by the collector. Temperature and measurement of creatine levels are verified to determine the extent of water loading. Urine analysis reports are completed and reported to the designated authority within 48 hours of testing. When a client tests positive, refuses testing, submits the sample of another person, or alters a sample, it is communicated to the Referral Agent immediately. The Laboratory Manager possesses a B.S. in Pharmacy, Biology and Chemistry and a M.A. in Counseling and is credentialed in accordance with laboratory certification mandates. He is a full- time employee of Monroe County, working 40 hours per week. The Laboratory Manager will work 100% for this program. The grant will pay for 50% of the position's salary and benefits. The balance will be paid by Monroe County Drug Court. This position represents a continuation of one net new hire. Application Ref # 2011-JAGC-1474 Contract -JAGC-MONR- - - Section #2 Page 4 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No GV I I-,JP1V%__ I1FI4+ Contract -JAGC-MONR- - - Section #2 Page 5 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Urinalysis Target Group: Offenders of all types Geographic Area: Rural Location Type: Other Activity Description Activity: Drug Testing Target Group: Offenders of all types Geographic Area: Rural Location Type: Other Objectives and Measures Objective: 03.A.DS* - Number of program participants receiving services Measure: Part 1 Number of program participants to receive services during the grant period Goal: 680 Measure: Part 2 Number of program participants to receive services during each reporting period Goal: 170 Objective: 58.A.Sl - Number of existing local initiatives Measure: Part 1 Will this grant continue a local initiative that was begun with any other funding source, including a prior year's grant? Goal: Yes /Application I-cer 4 2011-JAGC-1474 Section #3 Page 1 of 2 Contract -JAGC-MOLAR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: NA Question: If "other" was selected for location type, please describe. Answer: Monroe County Drug Court 502 Whitehead Street Key West, FI 33040 /Application Ket 1; 2011-JAGC-1474 Contract -JAGC-MONR- - - Section #3 Page 2 of 2 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: Note, All firZandal bA€ rwtt (ices HU he. ;' ;: to =he � _ a16l g z e Xgzw 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 $27,636.00 $0.00 $27,636.00 Contractual Services $0.00 $0.00 $0.00 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 -- $27,636.00 $0.00 $27,636.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No /Application rtet 4 2011-JAGC-1474 Section #4 Page 1 of 3 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: Salaries and Benefits: Lab manager salary: 37,500 Fica: 2,868 Retirement: 3,780 Group Insurance: 9,480 Worker's Comp: 1,641 Total Salaries and Benefits: 55,270 100% of the position's time will be spent on this project. 50% of the salary and benefits will be paid through this grant. The other 50% will be paid by the Monroe County Drug Court. Application Ref # 2011-JAGC-1474 Section #4 Page 2 of 3 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: yes Question: If benefits are to be included, are they reflected in the budget narrative? Answer: yes Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Monroe County's OCO threshold is $1,000. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: NA Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: NA Application Het # 2011-JAGC-1474 Section #4 Page 3 of 3 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. Apnl 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section 5: Standard Conditions I Insert Standard Conditions Page here. Application Het # 2011-JAGC-1474 Section #5 Page 1 of 1 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions 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. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (http://www oip usdoi aov/financialauide/index htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (hftp://www.pip.usdoi-ciov/BJA/grant/ia-g.html) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": https://www.firuies.orci/ Office of Management and Budget (OMB) Circulars: hftp://www.whitehouse.qov/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" o A-133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: hftp://www.qPoaccess.gov/cfr/index.htmi o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http://www.oip.usdoi qov/BJA/grant/iaa html • United States Code: http://Www.qpoaccess.gov/uscode/index.htmi o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-2 1, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according SFY 2011 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the 'original' project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post -audit. (d) Before the "final' Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) C. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and 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 subgrant recipient. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112,061, Fla. Stat. SFY 2011 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant 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, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. 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 Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2011 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number) awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. 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 Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. 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 that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." b. A complete audit report that 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. 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. d. 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. e. 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. f. 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, which can be in the form of the "Certification of Audit Exemption" form, 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 the Department no later than March 1 following the end of the fiscal year. SFY 2011 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department 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 Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant 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 subgrant 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 subgrant 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 subgrant recipient. b. 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 subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. 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 Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat. , and SFY 2011 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2011 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. 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. § SFY 2011 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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.o6p.usdo4.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. 34. 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). 35. 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 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. 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 subgrant recipient 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. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non -Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)° These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their 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; SFY 2011 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. 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 31 USC 1352. 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. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 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 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 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 certification 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. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying 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 the Office of Justice Programs. SFY 2011 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay — to — Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2011 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. 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. 44. The Coastal Barrier Resources Act The subgrant recipient 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 prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient 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 SFY 2011 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department 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. 47. Flood Disaster Protection Act The subgrant recipient 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. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all 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 Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem.gov/implementationquide.php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.oip.gov/default aspx?area=r)olicyAndPractice&page=1046, 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency 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. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient 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. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient 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. 60. 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 SFY 2011 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "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 prose lytization. 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.ojp.gov/about/ocr/equal fbo htm. 61. 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. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2011 Page 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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: 11 abqvc,c wvvt f 1 1� o C �- Signature: Typed Name and Title Date: SyIV,0, P �',I (,Aay(,V, �(,, '-(, 2co 10 Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: ✓0 ( Ca v t1 �- I F C(�_ Signature: Typed Name and Title: y✓ h �� �1 ✓ Date: �t�_ Z (� ZC I o Application Ref # 2011-JAGC-1474 Contract -JAGC-MONR- - - A P C�6Js?Ll1G� IR, I S T " N ASSIST AN € Date Section #6 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2011-JAGC-1474 Contract -JAGC-MONR- - - Section #7 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Drug Court Program -Urinalysis Lab Grant Number: 2011 -JAGC-1 474 Award Amount: $27,636 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 (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of the ESOP 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 forms) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7 h 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. ❑ 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 I, [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 ESOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): 1, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners [recipient],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 (address],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 7/21/10 Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date: 01 /31/06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant 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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 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; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of 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 cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; (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, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. 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 - A. 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 judgement 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 B. 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. 3. 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- A. 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; FDLE JAG 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 Edward Byrne Memorial Justice Assistance Grant 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 rive 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; (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). 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 4061/7. Check here _ If the State has elected to complete OJP Form 4061n. 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- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of 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 specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) 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 Board of County Commissioners, 1100 Simonton Street Key West FI 33040 2. Project Name: Drug Court Urinalysis Lab Program 3. Typed Name and Title of Authorized Representative: Roman Gastesi, Jr., County Administrator 4. Signature: 5. Date: July 21, 2010 %!'-1S 'emss :y'V r, tSTItJC = . .. .i� = '4'_i= 13 ASS)SrAf;T rti>JuN FDLE JAG Grant Application Package Lobbying, Debarment Suspension and Drug -Free Workplace Certification Page 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 # 2011-JAGC-1477 Section #1 Page 1 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D-M06 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 Application Ref # 2011-JAGC-1477 Section #1 Page 2 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM VI Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification Prevention and education for all youth, but particularly at -risk youth, are essential not only to the overall safety of Monroe County but also invaluable to the individual youth for his/her personal healthy social development. Monroe County youth show a higher occurrence of risk factors compared the state average and the national average. There are many risk factors that may influence the youth of Monroe which could cause them to self -medicate with substances, engage or endure bullying and violence, have low school attendance, drop out of school, exhibit criminal behavior and an overall lack of productivity, experience depression, and even commit suicide. Middle School years are often the turning point for youth. Many students drop out of school shortly after ninth grade. A spike in discipline incidents occurs in grades 7-9. Monroe Youth Challenge Program (MYCP)believes that targeting these age groups will provide support to avoid risky behavior. Monroe County reported the highest level of risk for the Family History of Antisocial Behavior scale. Middle school students scored a 58, four points higher than the statewide average of 54. That trend increases at the high school level. Students with high scores on this scale indicated that their families have a history of antisocial behavior, such as substance use or criminal behavior. MYCP has implemented a parent program and curriculum to address this deficiency. Reports also find that Monroe County youth show a lower occurrence of protective factors or assets when compared to both state and national averages. The fewer assets possessed by a young person, the more likely they will use drugs and alcohol or engage in violent acts, as indicated by the graph below. 0-10 Assets 11-20 21-30 31-40 Alcohol 45% 26% 11 % 3% Violence 62% 38% 18% 6% Illicit Drugs 34% 23% 11 % 3% These high risk factors combined with low assets put our youth in danger of substance abuse, depression, bullying and violence, low school engagement, and criminal behavior. Project Summary Target Population: MYCP targets all Monroe County youth regardless of gender, age or academic performance. MYCP seeks at -risk students, including those who have dropped out, have been arrested, failing school or those who exhibit a sense of being isolated. MYCP also works directly with parents since the goal of this project will be to minimize risky -youth behaviors and develop protective factors for all youth in Monroe County. MYCP recognizes that the best change agents among youth are other youth; therefore, MYCP will continue its comprehensive approach to providing effective youth Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Section #2 Page 1 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide programming. There are three main strategies that MYCP employs to counteract these risk factors: Parenting, Middle School Prevention programs and High School Leadership Opportunities. 1) Parent to Parent - Parenting and educational classes teaching effective discipline, ATOD prevention, healthy communication, and health literacy. It also provides effective parent - networking. MYCP offers two programs that target parents. MYCP had learned via our proximity to the teens in our community that many parents are struggling with setting boundaries for our youth and recognizing their needs. After a series of Town Hall Meetings focusing on youth?s risky behavior the community requested MYCP to be a part of the solution. The Parent to Parent curriculum was introduced as a tool to support our community. ?Parent to Parent? is an 8-12 hour curriculum taught by parents to parents in small - group settings usually taught in 60-90 minutes segments weekly over 8 weeks. To date more than 350 parents have completed the curriculum with plans for 6 more classes beginning in fall 2010. The goal of this curriculum is as follows: Reduce risky behavior in our youth including the use of alcohol and other drugs and violence Allow parents to create a positive parent culture within their circle of family and friends Generate a mutual understanding between school administrators/law enforcement and parents allowing both groups to be on the same ?side? Give parents the tools and skills they need to parent effectively Create a network for parents to gain the support they need. Be the Change Playgroups - Observing how many parents need assistance with their teens it has been realized that many of the issues could be avoided if addressed before the youth enter school. MYCP Community Playgroups were created to ease financial and emotional burden of addressing the achievement gap between low income and other students. These disparaging effects could be reduced as larger segments of the populations are serviced through playgroups designed to teach parents how to raise their child?s IQ and reduce parenting stress factors such as matemal depression, and the risk of child neglect or abuse. The games played transfer real -life parenting skills in a fun way and give the parent increased confidence on how to handle conflict and discipline and the knowledge of how to provide needed services to their babies. MYCP provides three distinct public playgroups throughout Monroe County in low-income, at - risk neighborhoods. Monroe is a transient culture and these playgroups meet the needs of parents, children, schools, and the community. Because they are held in common areas every week and are free, they attract mothers with children from birth to school age where they easily and quickly build trusting relationships. Through these relationships, information is transferred from community -based initiatives to population groups who do not readily engage with public agencies or utilize services. At this time there are Spanish speaking and English speaking Playgroups. There is a desire to offer Creole Playgroups in the future. 2) Middle School Prevention - Middle School years are often the turning point for youth. Many students drop out of school shortly after ninth grade. A spike in discipline incidents occur in the 6th-9th grade years. MYCP believes targeting this age group will provide the youth support to avoid risky behavior. Prevention and transition programs are devised specifically by students for students Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Section #2 Page 2 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide and target the immediate needs of that population. Most programs are designed by high school students who have benefited from MYCP?s Leadership programs. An example is our 8th Grade Transition Program which had been developed to end school rivalry and bullying for students from middle school as they enter the high school. Youth created events entice students from all socioeconomic ranges and provide information as to the real threats of emotional burdens throughout the school including, racism, violence, bullying and harassment and promote the development of stronger relationships among students and their peers, family and community. MYCP signature -programs create alliances for youth with the understanding of the common challenges they face. MYCP actively searches for students on campus suffering from alienation, who do not feel connected to the school and work to develop their sense of purpose and empowerment. Strengthening students? emotional health, redirecting negative factors and empowering the individuals to overcome obstacles lead to a reduction in risky behavior. 3) High School Leadership Opportunities - High School programs are the primary focus of MYCP?s daily delivery. One example is the mentoring program. High School youth are trained to provide effective mentorship which includes tutoring, character development and asset building. They weekly visit their ?little? and it has a profound impact on not only the elementary aged youth but also on the mentor. The mentor is expected to keep up their grades, have no discipline issues, and keep a minimal amount of absences to serve as a mentor. Some of our youth will be serving as youth mentors who had been mentored by MYCP youth four years ago. Our elementary students are achieving on standardized tests, have improved attendance and reduced behavior issues. It increases engagement in the educational experience for all involved. Another example is their work on violence prevention and service -learning through PeaceJam. It is lead through a youth board of directors who represent the following groups, Key West High, Coral Shores High, Island Christian School, Marathon High, Home -Schooled youth and students from Florida Keys Community College. They study the PeaceJam curriculum written by 10 of the Nobel Laureates and then teach it through workshops and presentations to others. They have adopted hunger and youth in poverty as their platform and have hosted dozens of events to provide aid on a local level. Significance to the Community - MYCP provides essential, asset building activities for youth in our community. In this time of economic limitations, as families and agencies are cutting back, these activities will be more needed than ever. The goals of JAG are the very same goals of MYCP and each year the FDLE has chosen MYCP as their site visit and have found the program exceedingly valuable. The sheer number of hours and clients that are served with these funds make every dollar given worthwhile. Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Section #2 Page 3 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide E__ Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Section #2 Page 4 of Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Community Service Target Group: Children Geographic Area: Rural Location Type: School District Activity Description Activity: Community Leader Meetings Target Group: Children Geographic Area: Rural Location Type: School District Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: Rural Location Type: School District Activity Description Activity: Drug Prevention Education Target Group: Children Geographic Area: Rural Location Type: School District Activity Description Activity: Drug Free Events Target Group: Children Geographic Area: Rural Location Type: School District Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Section #3 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Activity: Mentoring Target Group: Children Geographic Area: Rural Location Type: School District Activity Description Activity Description Activity: Life Skills Training Target Group: Children Geographic Area: Rural Location Type: School District Objectives and Measures Objective: 03.A.DS* - Number of program participants receiving services Measure: Part 1 Number of program participants to receive services during the grant period Goal: 4500 Measure: Part 2 Number of program participants to receive services during each reporting period Goal: 1125 Objective: 06.A.BT" - Number of program participants who completed programming Measure: Part 1 Number of program participants to complete programming during the grant period Goal: 4100 Measure: Part 2 Number of program participants who will exit programming during the grant period (complete or not complete) Goal: 4500 Objective: 58.A.Sl - Number of existing local initiatives Measure: Part 1 Will this grant continue a local initiative that was begun with any other funding source, including a prior year's grant? Application Ref # 2011-JAGC-1477 Section #3 Page 2 of 4 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: Yes Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Section #3 Page 3 of 4 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: NA Question: If 'other" was selected for location type, please describe. Answer: NA Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Section #3 Page 4 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: Note: All financial rewtittances will be -3-eapt to fln-'e', ("'hiet Financ,al fficer of th_- 31"bgrantee 01--,ganization 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 $38,500.00 $0.00 $38,500.00 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 -- $38,500.00 $0.00 $38,500.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated Income (PGI) ? No Application Ref # 2011-JAGC-1477 Section #4 Page 1 of 3 Contract -JAGC-MONR--- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: Budget Narrative Contractual Services: The Monroe Youth Challenge Program will provide 1,925 hours of drug and violence prevention education programming services to young people in schools throughout Monroe County. The services will include: substance and crime prevention education workshops and presentation, drug -free events, community services, leadership training, educational play groups, mentoring and parenting classes. Services will be provided 37 hours per week, 52 weeks per year for a total of 1,925 hours during the grant period. The services will be provided by prevention coordinators. Unit: 1 hour Unit cost: $20.00 per unit Unit cost budget: Substance abuse and crime prevention education and activities 1,925 units @ $20.00 per unit = $38,500 Total Unit Cost Calculation 1,925 hours x $20.00 = $38,500 TOTAL BUDGET: $38,500 Contract: Monroe County will execute a contract with Monroe County Education Foundation for the Monroe Youth Challenge Program VI for the period of Oct 1, 2010 through Sept 30, 2011 to cover the grant period. A copy of the executed contract will be sent to FDLE. Application Ref # 2011-JAGC-1477 Section #4 Page 2 of 3 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: NA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NA Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Monroe County's OCO is $1,000. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: NA Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: Salary: Prevention Coordinators/Counselors $20.00 per hour (no benefits)x 1,925 hours = $38,500 Services will be provided 37 hours per week, 52 weeks per year for a total of approximately 1,925 hours. Unit Cost = $20.00 per service hour Total Budget: $38,500 Total Units: 1,925 Total Cost per Unit: $20.00 Application Ref # 2011-JAGC-1477 Contract-JAGC-MONR- - - Section #4 Page 3 of 3 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Section #5 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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: t 11 a o ry G U n {y _R u C C Signature: Typed Name and Title Date: Z C4 t v Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Signature: Typed Name and Title Date: �10vt V,c e (o-V� y �� �1 v� 7-- t Z t U Application Ref # 2011-JAGC-1477 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) 04i�_H6✓ .. 0 s` . in #6 Page 1 of 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions 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. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (http://www.oip.usdoi.aov/financialquide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (http://www.oip.usdoi.gov/BJA/grant/iaq.htmi) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 1113-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": hops://www.flruies.org/ Office of Management and Budget (OMB) Circulars: http://www.whitehouse.gov/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" o A-133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: http://www.gpoaccess.gov/cfr/index.html o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http://www.oip.usdoi.gov/BJA/grant/mag.html • United States Code: http://www.gpoaccess.gov/uscode/index.htmi o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according SFY 2011 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post -audit. (d) Before the "final' Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and 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 subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. SFY 2011 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant 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, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. 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 Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2011 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit 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 Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. 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 that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." A complete audit report that 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. 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. d. 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. e. 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. f. 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, which can be in the form of the "Certification of Audit Exemption" form, 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 the Department no later than March 1 following the end of the fiscal year. SFY 2011 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department 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 Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant 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 subgrant 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 subgrant 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 subgrant recipient. b. 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 subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. 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 Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat. , and SFY 2011 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2011 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. 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. § SFY 2011 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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.usdom.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. 34. 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). 35. 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 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. 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 subgrant recipient 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. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non -Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their 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; SFY 2011 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. 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 31 USC 1352. 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. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 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 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 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 certification 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. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying 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 the Office of Justice Programs. SFY 2011 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay — to — Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2011 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. 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. 44. The Coastal Barrier Resources Act The subgrant recipient 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 prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient 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 SFY 2011 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department 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. 47. Flood Disaster Protection Act The subgrant recipient 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. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all 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 Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem.gov/implementationquide.php. 62. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.oip.gov/default.aspx?area=policyAndPracfce&page=1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency 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. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient 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. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient 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. 60. 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 SFY 2011 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "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.o4p.gov/about/ocr/equal fbo.htm. 61. 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. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2011 Page 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2011-JAGC-1477 Section #7 Page 1 of 1 Contract -JAGC-MONR- - - Rule Reference 11 D- M6 OCJG-005 (rev. April 2005) CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Monroe Youth Challenge Contact Person Name and Title: Lisa Ten ram VI Grant Number: 2011 -JAGC-1 477 Award Amount: $ 38,500 n, 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 (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of the ESOP 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 70' 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. ❑ 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 I, [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): 1, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners Irecipient],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, etseq., subpart E. 1 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 (addressi,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 7/21/10 Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date:01/31/06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant 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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 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; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of 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 cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; (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, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. 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 - A. 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 judgement 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 B. 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. 3. 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- A. 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; FDLE JAG 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 Edward Byrne Memorial Justice Assistance Grant Program (c) Making it a requirement that each employee to be engaged in the performar 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; (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). 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 4061/7. 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- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and S. 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 specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) 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 Board of County Commissioners 1100 Simonton Street Key West FI 33040 2. Project Name: Monroe Youth Challenge Program VI 3. Typed Name and Title of Authorized Representative: Roman Gastesi, Jr., County Administrator 4. Signature: 5. Date: July 21, 2010 FDLE JAG Grant Application Package Lobbying Debarment Suspension and Drug -Free Workplace Certification Page 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #1 Page 1 of 2 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 Application Ref # 2011-JAGC-1484 Section #1 Page 2 of 2 Contract -JAGC-MONR- - - Rule Reference 11 D4006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: PREVENTING RECIDIVISM FOR ADULTS WITH MENTAL ILLNESS TO INCARCERATION AND SUBSTANCE ABUSE Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification The proposed project is "Breaking the Cycle, Heron -Peacock Supported Housing to Prevent Recidivism of Adults with Mental Illness to Incarceration and Substance Abuse." The program provides housing and supportive services to men and women who are mentally ill, with a recent history of incarceration and substance abuse; it also monitors all program clients to promote successful recovery, prevent drug abuse and re -incarceration. The plainly entitled report, "More Mentally III Persons are in Jails and Prisons Than Hospitals: A Survey of the States" was a joint effort of the Treatment Advocacy Center and the National Sheriffs Association, also asserts that 16% of those in prison have a serious mental illness. This compares to a 1983 finding when the percentage was 6.4%. Thus in less than three decades, the percentage of mentally ill prisoners has almost tripled. In a Key West Citizen article, Monroe County Sheriff Bob Peryam, stated about the Monroe County Correctional Facility that "we're looking at reducing the population of folks with mental health issues, drug or alcohol issues, or homeless issues. Many of these people do not need to be in jail." Monroe County Detention Center reports that 80+% of those arrested have substance abuse problems. Incarceration of a mentally ill person is considerably more expensive than it is for the average offender, since during incarceration; these offenders need ongoing mental health treatment and supervision. Many of the discussions and writings about release and reintegration of ex -offenders into the community stress that if the person being released does not have a positive destination they are more likely to be a repeat offender. What is needed to prevent this is to have stable housing, support, and safe transportation to a recovery program in place before release. These services are provided through Heron -Peacock. It has been shown that once people have housing they are more receptive to participating in other programs to deal with mental health and substance abuse issues. In fact, this past year 2 formerly incarcerated clients were among 10 clients that moved from our program to independence in the community. Heron -Peacock not only offers a more effective recovery environment than alternatives such as homelessness, correctional institutions, and State psychiatric hospitals, they are considerably more cost effective. For example, information provided by the Monroe County Sheriffs Office indicates that it costs approximately $85.00 a day to maintain a prisoner in the County Jail. In addition, the daily cost of a stay at FL Northeast State Psychiatric Hospital is approximately $233.00. By contrast the average cost per day for our programs is $49.40. Problem Significance: As described above there is a critical need to address the problems of widespread, ineffective, and often unnecessary incarceration of people who have mental illness and who have a dual diagnosis of substance abuse. This not only hurts the criminal justice system and the taxpayers by overcrowding correctional Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #2 Page 1 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide facilities and presenting inmates who have difficult problems and need specialized expensive care it can also harmfully affect a person with mental illness to the extent that they may never recover and will suffer the "revolving door" cycle of drug and alcohol abuse, possible homelessness, and recurring to incarceration. Many of our severe and chronic mentally ill live on a $550 a month disability check which cannot pay for housing in Monroe County. Our non-profit is the only provider of transitional and permanent supportive housing for this population in the Florida Keys. Needs Assessment: The problem of incarceration of adults with mental illness and substance abuse, especially those who are not major offenders is very serious and is growing. Almost all jail inmates with co-occurring mental illness and substance use disorders will leave correctional settings and return to the community. Monroe County is considered to be an area of critical need with inadequate resources, to meet the requirements of a disproportionately high percentage of individuals with Mental Illness or Co - Occurring Disorders, in need of services. Monroe County has the third highest incarceration rate in the State of Florida. The Homeless rate in Monroe County is the one of the highest per capita, in the State of Florida. There is only 1 Assisted Living Facility with a Mental Health License serving a total of 16 low- income clients and only 1 Housing facility with a total of 34 beds willing to take individuals with serious mental illnesses and substance abuse. (These are the facilities of Heron -Peacock). In a recent study conducted by the MCJMHSA, occupants of four facilities in the area that provide housing for the homeless were interviewed. 59% responded that they had been arrested at some time and 46% indicated that they had at some time received counseling for a mental health or substance abuse problem. In addition, 86% reported that they were participating in a program or shelter for homelessness. As such, there is an interrelationship among mental illness, substance abuse, homelessness, and arrest and incarceration that must be addressed. Data provided by the Southernmost Homeless Assistance League (SHAL) from the 2009 Point -in -Time study performed in January 2009 showed there were 1,040 homeless people in Monroe County at that time. Out of the 289 people surveyed who indicated they had a disabling condition, 108 (37%) had problems relating to mental health and 165 (57%) had issues with drug or alcohol addiction. These are the very populations that our proposed project will serve. In addition, the 2009 survey indicates that of the subpopulations of the homeless, one of those with the greatest need and the least resources to serve were the Mentally III. In fact, the problems of inappropriate incarceration and its link to homelessness have become so epidemic that the federal Substance Abuse and Mental Health Services Administration (SAMHSA) has identified major initiatives "to divert individuals with mental illness from the criminal justice system to mental health treatment and appropriate supported services." Heron -Peacock is the only supported living program of its kind in the Keys for people with a history of co-occurring disorders. Project Summary The United States Fellowship of Florida d/b/a Heron -Peacock Supported Living (herein referred to as Heron -Peacock) proposes the project entitled 'Breaking the Cycle, Heron - Application Ret # 2011-JAGC-1484 Section #2 Page 2 of 5 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Peacock Supported Housing to Prevent Recidivism of Adults with Mental Illness to Incarceration and Substance Abuse." It focuses on decreasing clients' return to homelessness and incarceration or re-carceration in correctional facilities by providing competent referral and intake services, provision of housing and activities to stabilize their situation and help them with recovery and assistance with obtaining benefits e.g. Social Security income, and a supported employment program to ensure that clients have resources so that they will have income to sustain them and enable clients to function on their own and prevent repeat incarceration. In short, our housing and supported services help people with mental illness and a history of incarceration to obtain residential, personal, and financial stability to become self-reliant and live successfully and independently in the community. The spectrum of clients in the program includes men and women, 18 years of age and older from all backgrounds and demographic groups who because of their mental health difficulties and concurrent problems with drugs or alcohol have been recently incarcerated. Heron -Peacock operates two facilities one in Key West and one in Marathon in the Middle Keys for a total of 50 beds. Peacock Apartments in Key West offers 34 beds. The Heron, a licensed Assisted Living Facility (ALF) in Marathon with 16 beds provides more intensive support. Services include stable housing, medication management and supervision, drug screening testing and counseling, referrals to other providers for psychiatric consultations, prescriptions, medical and dental care and related services. Transportation, life skill development, supported employment, and recreational outings are other activities. Other services may include assistance with personal grooming, food service, and help with daily activities such as shopping; banking, etc., and 24-hour staff support. Both facilities offer educational programs, skills development, supported employment, and other constructive activities, especially those provided by the Personal Growth Center of the Guidance Care Center in Marathon. Clients also receive assistance with applying for and obtaining benefits such as Social Security Programs. Of the current capacity of 50 clients at Heron -Peacock 19 or 38% fall into the target population of the proposed project, adults with a history of incarceration and dual diagnoses of mental illness and substance abuse. This is the group that will be served by our prevention and education project. From November 2009 to May 31, 2010, 23 clients with a history of incarceration were served. 8 of these clients were referred from the Monroe County Jail Diversion Program. Out of this group, 19 men and women had co-occurring diagnoses of substance abuse. The participants in this program will only be those referred to us through the criminal justice system -- mostly though Pre -Trial Services and the Monroe County Jail Diversion Program; on occasion, the program will also recieve a referral through the Forensic Unit of the State Hospital. Objectives and related activities are as follows: 1) a. To prevent recidivism of clients with a history of incarceration, primarily those entering through Pre -Trial Services or the Monroe County Jail Diversion Program. Activities: a. Use of Intake and Referral: The Site Manager and Team Leader will use the intake and referral process to facilitate entry into the Heron -Peacock Supported Living Program of people referred with a history of arrest and incarceration, and have a diagnosis of mental illness. Actions include initial contact with applicant, review of the Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #2 Page 3 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide referral for suitability and agreement of the applicant to accept program goals and policies, conducting background checks and excluding those with a history of violence, non-compliance with medications and other inappropriate behaviors, determining ability to pay client fees: and attempting to assist with this. The person applying is then accepted or not accepted into the program. b. Provision of Stable Housing and Supported Services: Clients are provided with housing at Heron or Peacock, assessed through use of a personal plan instrument, appropriate supportive services are identified and implemented; 2) Drug abuse prevention and intervention. Activities: The project will use Assessment, Monitoring, Testing, 90-day Program and Treatment Referrals to address and reduce problems of substance abuse. Staff will determine if the applicant has a history of substance abuse and discuss what the problems are. During this process clients are advised that the program does not permit drug or alcohol use and this can be grounds for discharge. Clients are drug and alcohol tested randomly on a monthly basis and immediately for cause. If someone tests positive they are counseled by staff and must agree in writing to participate in a 90-day program during which they are tested weekly and participate in recovery treatment through a program such as AA or through counseling from a recovery and treatment professional. After the initial test the client is given two more chances. If they test positive two more times during the 90 days they are discharged from the program. This approach is unique and has been proven to be more effective than programs that discharge offenders after one positive test. Professionals in the field regard our program as a best practice since it assumes that people with substance abuse problems are likely to relapse and need help not punishment. 3) Recovery and wellness. This addresses all three areas of need, mental health, drug abuse, and incarceration and includes activities directed at getting clients better and able to achieve the highest degree of independence possible and community integration. It will decrease their likelihood of being arrested and returning to incarceration and assist in their resistance to abuse drugs and alcohol since they will have a stable and viable lifestyle. Methods of support include stabilization, entry, and continuation in the program, Wellness Recovery Action Plan (WRAP), supported employment, and related activities. Heron -Peacock staff will provide the services including referrals to treatment programs and medical personnel. Staff members working with the project include the Site Manager, Team Leader, and two Case Management Support Workers. Funding for a portion of these positions is included in the program budget. Heron -Peacock works closely with other relevant service providers in the community including the Guidance Care Center, The Guidance Clinic, The Crisis Stabilization Unit (De Poo Hospital), Pre -Trial Services and the Court System, including the Public Defender's Office, and the Monroe County Jail Diversion Program, and Samuel's House. Application Ref # 2011-JAGC-1484 Section #2 Page 4 of 5 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #2 Page 5 of 5 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Assessment Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity: Target Group: Geographic Area Location Type: Activity Description Assessment Substance Abusers Rural Community -based organization Activity Description Activity: Drug Testing Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Drug Testing Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Drug Testing Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Application Ref # 2011-JAGC-1484 Section #3 Page 1 of 6 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Activity Description Activity: Case Management Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Case Management Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Case Management Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Substance Abuse Treatment Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Transitional Housing Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity: Target Group: Geographic Area Location Type: Activity Description Transitional Housing Mentally III Rural Community -based organization Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #3 Page 2 of 6 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Activity Description Activity: Life Skills Training Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Life Skills Training Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Employment Preparation Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Employment Preparation Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Life Skills Training Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Employment Preparation Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #3 Page 3 of 6 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Objectives and Measures Objective: 02.A.Sl - Number of new local initiatives planned Measure: Part 1 Number of new local initiatives planned Goal: 1 Measure: Part 2 Number of new local initiatives to be implemented Goal: 1 Objective: 03.A.DS* - Number of program participants receiving services Measure: Part 1 Number of program participants to receive services during the grant period Goal: 19 Measure: Part 2 Number of program participants to receive services during each reporting period Goal: 19 Objective: 04.A.DS* - Number of defined groups receiving services Measure: Part 1 Total number of defined groups to receive services during the grant period Goal: 3 Measure: Part 2 Number of defined groups to receive services each reporting period Goal: 3 Objective: 06.A.BT* - Number of program participants who completed programming Measure: Part 1 Number of program participants to complete programming during the grant period Goal: 19 Measure: Part 2 Number of program participants who will exit programming during the grant period (complete or not complete) Application Ref # 2011-JAGC-1484 Section #3 Page 4 of 6 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: 19 Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #3 Page 5 of 6 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If 'other" was selected for the geographic area, please describe. Answer: NA Question: If 'other" was selected for location type, please describe. Answer: NA Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #3 Page 6 of 6 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: e fota, f1A n'Inc i 4 � .,. = X i (? ef to e CVO f Finarlca,I Off4;fir „ff the 3Ubqrantee aq�rgari i za t,=,ri 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 $28,500.00 $0.00 $28,500.00 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 -- $28,500.00 $0.00 $28,500.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2011-JAGC-1484 Section #4 Page 1 of 3 Contract -JAGC-MONR- - - Rule Reference 11 D-9W6 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: Budget Narrative Contractual Services: Heron -Peacock Supported Living will provide 1,900 hours of servcies to clients who are dually diagnosed with mental illness and substance abuse who also have a recent history of incarceration. The Service will include: assessments, case management and support services, drug testing, substance abuse counseling and recovery, and skills training. Services will be provided approximately 36.5 hours per week, 52 weeks per year for a total of approximately 1,900 hours during the grant period. The services will be provided by case management staff members. Unit: 1 hour Unit cost: $15.00 Assessments: 50 units@ $15.00 = 750 Substance Abuse Testing, Counseling and Recovery Programming: 925 units@ $15.00 = $13,875 Case Management: 925 units @ $15.00 = $13,875 Unit cost calculation: 1,900 hours x 15.00 = $28,500 CONTRACT Monroe County will exectue a contract with U.S. Fellowship of Florida d/b/a Heron -Peacock Supported Living for the period of Oct 1, 2010 through Sept 30, 2011 to cover the grant period. A copy of the executed contract will be sent to FDLE. Application Ref # 2011-JAGC-1484 Contract -JAGC-MOLAR- - - Section #4 Page 2 of 3 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: NA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NO Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Monroe County's OCO threshold is $1,000. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: NA Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: Unit cost basis: Salaries of contractual service provider: Site Manager: 20% of 29,120 = $ 5,842 Case Mgmt Team Leader 35% of $29,460 = $10,311 Full Time Support Case Worker 32% of $29,460 = $9,427 Part Time Support Case Worker 20% of $11,440 = $2,288 No benefits Total Salaries = $27,868 Supplies, including drug test kits = $632 Total budget = $28,500 Total service units to be provided: approximately 36.5 hours per week for 52 weeks for a total of approximately 1,900 service hours. Application Ref # 2011-JAGC-1484 Contract -JAGC-MONK- - - Section #4 Page 3 of 3 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2011-JAGC-1484 Section #5 Page 1 of 1 Contract -JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions 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. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. I. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (http://www.oip.usdoi.ciov/financial-quide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (hftp://www.oijp.usdoi.gov/BJA/QranViag.html) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": https://www.firules.org/ Office of Management and Budget (OMB) Circulars: hftp://www.whitehouse-gov/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" o A-133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: http:/twww.gpoaccess qov/cfr/index html o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: hftp://www.oip.usdoi.ciov/BJA/Qrant/iag.htmi • United States Code: hftp://www.qpoaccess.Qov/uscode/index.html o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according SFY 2011 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the 'original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post -audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) C. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and 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 subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. SFY 2011 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant 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, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. 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 Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2011 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. 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 Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. 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 that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." b. A complete audit report that 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. 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. d. 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. e. 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. f. 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, which can be in the form of the "Certification of Audit Exemption" form, 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 the Department no later than March 1 following the end of the fiscal year. SFY 2011 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department 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 Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant 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 subgrant 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 subgrant 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 subgrant recipient. b. 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 subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. C. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. 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 Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat. , and SFY 2011 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2011 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., `Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. 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. § SFY 2011 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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.usdoi.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. 34. 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). 35. 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 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. 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 subgrant recipient 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. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non -Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their 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; SFY 2011 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. 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 31 USC 1352. 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. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 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 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 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 certification 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. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying 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 the Office of Justice Programs. SFY 2011 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay — to — Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2011 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. 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. 44. The Coastal Barrier Resources Act The subgrant recipient 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 prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient 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 SFY 2011 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department 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. 47. Flood Disaster Protection Act The subgrant recipient 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. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all 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 Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem.gov/implementationquide.php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www,it.oip.4ov/defauIt.aspx?area=oolicyAndPractice&page=1046, 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency 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. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient 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. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient 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. 60. 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 SFY 2011 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "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.oic).gov/about/ocr/equal fbo htm. 61. 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. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2011 Page 17 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Cry 0 C C Signature: Typed Name and Title: 6, L4/ M k �-1 Date: JLi (�1 ')- ')_p l v Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: M G 0 (t e (C Signature: �� t v t Typed Name and Title: Date: 0971, is 0, IN-, �JP R,`aTO�".rVED A- O F0 yo. _LlwN?� °LI I- Application Ref # 2011-JAGC-1484 Section #6 Pagel of 1 Contract -JAGC-MONR- - - Rule Reference 11 D-M06 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #7 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Recidivism Prevention for Mentally III Contact Person Name and Title: Lisa Ten Grant Number: 2011 -JAGC- 1484 Award Amount: $ 28,500 n, 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 (EEOP) 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 7 h 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. ❑ 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 1, [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): 1, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners [recipient],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 laddress],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 7/21 /10 Date OMB Approval No. 1121-0140 Expiration Date: 01 /31 /06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant 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 As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 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; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of 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 cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; (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, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. 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 - A. 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 judgement 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 B. 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. 3. 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- A. 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; FDLE JAG 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 Edward Byrne Memorial Justice Assistance Grant Program (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 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; (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). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 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 4061f7. Check here _ If the State has elected to complete OJP Form 4061 r7. 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- A. As a condition of the grant, I certify that 1 will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the 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 Board of County Commissioners 1100 Simonton Street Key West FI 33040 2. Project Name: Recidivism Prevention for Dual Diagnosed Mentally III 3. Typed Name and Title of Authorized Representative: Roman Gastesi, Jr. County Administrator 4. Signature: 5. Date: July 21, 2010 FDLE JAG Grant Application Package Lobbying Debarment Suspension and Drug Free Workplace Certification Page 2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Management and Budget Bulk Item: Yes ® No ❑ Department: Grants Administration Staff Contact Person: Lisa Tennyson x4444 AGENDA ITEM WORDING: Authorization for the Mayor to execute the Edward Byrne Memorial Justice Assistance funding distribution letter with the Florida Department of Law Enforcement for fiscal year 2011 (Oct. 1, 2010 through Sept. 30, 2011), whereby Monroe County agrees to the distribution of JAG program funds in the County. 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. No match is required. PREVIOUS RELEVANT BOCC ACTION: Participation in Byrne Grant Program since approximately 1990. Approval of the Byrne JAG grant application will be on next month's agenda. CONTRACT/AGREEMENT CHANGES: No significant changes from previous year. Grant amount is $132,959; no local match required. STAFF RECOMMENDATION: Approval TOTAL COST: $ 132,959 INDIRECT COST: BUDGETED: Yes x No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 REVENUE PRODUCING: Yes APPROVED BY: DOCUMENTATION: DISPOSITION: Revised 7/09 County Att3�T Included SOURCE OF FUNDS: FDLE No x AMOUNT PER MONTH Year urchasing Not uired Risk Management AGENDA ITEM # OUNTY MONROE KEY WEST FLORIDA 33040 (305)294-4641 July 21, 2010 Mr. Clayton Wilder Community Program Administrator Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Fl 32308 Dear Mr. Wilder, BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5 Mayor Pro Tern Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario DiGennaro, District 4 In compliance with State of Florida Rule 11D-9, FAC, the Monroe County Board of County Commissioners approves the distribution of $132,959 (total allocation available) of the Edward Byrne Memorial JAG Program funds for the following projects within Monroe County: Subgrantee Title of Project Dollar Amount Monroe County Monroe Youth Challenge Drug and Violence Prevention $ 38,500 Boys and Girls Club SMART KIDS Program 20,823 Samuel's House Women's Shelter Drug Testing Program 17,500 Heron/Peacock Anti -recidivism Program for 28,500 Mentally Ill and Substance Abusers 161h Judicial Circuit Urinalysis Program 27,636 $132,959 Sincerely, Mayor Sylvia Murphy Mayor, Board of County Commissioners Typed Name of Chief Official Typed Title P1= R0V-- D AS TO 'FORM: "�_Y,rfr.nor_i CHRSSTINE Mi, f LY&EPT-E-ARROWS ASSISTANT t-,0UvP',_Y Date FDLE Florida Depar Merit of office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post (��c,e Box 1489 Bill McCollum, Attorney Gerretrri Tallahassee, Florida 32302-1489 Alex Sink. Chief F)nanf ial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Corrrrnissia;?er of�tgricrrfture Con7rnissioner www.fdle_state.fl.us June 17, 2010 Ms. Lisa Tennyson Grants Administrator Monroe County of Board of Commissioners Office of Management and Budget 1100 Simonton Street Key West, FL 33040 Dear Ms. Tennyson: JUN 2 ' 2010 The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, received a Certificate of Participation from Monroe County. The form indicates that you have been selected as the county coordinator for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Allocations for the JAG funds must be used for one of the seven federal purpose areas. Applicants should carefully read and follow the instructions when completing the application. Also, letters from at least 51 percent of the local units of government representing at least 51 percent of the county population must be submitted with the hard copies of the application for funding. Please refer to http://www.fdle.state.fl.us/Content/Grants/jagc.aspx for instructions regarding the application process along with purpose areas and a sample 51 percent letter. Please distribute the above information to your applicants as soon as possible. Recipients must apply on-line using FDLE's grant management system, Subgrant Information Management On -Line (SIMON). SIMON can be accessed at http://simon.fdle.state.ff.us. Application completion will require an announcement code which is a security feature allowing access to the application. The announcement code is JAGC1011. Note that this code will be activated on May 14, 2010. Application completion will not be possible without the announcement code. To assist you in Service - Integrity • Respecf , Qfaatity Ms. Lisa Tennyson June 17, 2010 Page Two completing this application a user manual and a video guide are available on-line. The deadline for this on-line submission is June 25, 2010 at 5:00 p.m. at which time the announcement code will be deactivated. 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) by July 2, 2010 to: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator 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, please give me a call. Sincerely, Allot ��' 0""'& Janice Parish Planning Manager J P/ps BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 7/2110 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone:8US'52UU AGENDA ITEM WORDING: Ratification of approval/acceptance of Florida Department of Transportation grant for an additional $250,000.00 for Planning Studies for the Key West and Marathon Airports. ITEM BACKGROUND.- Per approval ofthe BDCC5/19110, the Mayor isauthorized toexecute Airport FAA and FDOT grants. The mayor executed the Planning Studies Grants on 6/16/10, as the Department required that the signed grant be returned tothem bv6/301O. PREVIOUS RELEVANT BDCCACTION: Approvalfor the mayor toexecute Airport FAA and FDOTgrants, 5/1AMO. CONTRACTA\G0EEW4ENT CHANGES: Adds $250.00U.UOinFDUTfunds for Airports Planning Studies. STAFF RECOMMENDATION: Approval TOTAL COST: None INDIRECT COST: N/A BUDGETED: Yea DIFFERENTIAL OFLOCAL PREFERENCE: COST TO COUNTY: None SOURCE C)FFUNDS: FDOT COST T0AIRPORT: 50%matrh COST T[)PFC: None REVENUE PRODUCING: N/A AMOUNT PER MONTH MEAR� APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X /bm APB Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY / Contract # Contract with: Florida Department of Transportation Effective Date: Execution Expiration Date: 6/30/11 Contract Purpose/Description: Additional FDOT funds for Planning Studies for the Key West and Marathon Airports Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: 7/21/10 Aqenda Deadline: 7/6/10 CONTRACT COSTS Total Dollar Value of Contract: $250,000.00, additional Current Year Portion:-$65,000 Budgeted? Yes Account Codes: 404-63053-GAKD50 Grant: Yes- FODT 403-63529-GAMD26 County Match: None ADDITIONAL COSTS Estimated Ongoing Costs: None For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director �/M ID ( ) ( � �7 /22/ to ,...� �Peter Horton w for Risk Management for OMB u % County Attorney the Mayor is authorized to execute Airport FAA and FDOT grants, tified by the BOCC at the next Commission meeting. Legal Sufficiency by the County Attorney, executed by the Mayor, Florida Department of Trans.portation CH kRE.lf CREST GOd VR OR June 24, 2010 Ms. April Pearson Key West International Airport 3491 S. Roosevelt Blvd Key West, Florida 33040 DISTRICT SIX 1000 NW 11I" Avenue Miami, Florida 33'17.2-5800 Re: Item No. FM 254269 194 0 1 - Contract# A0I94 Planning Grant Supplemental No. Six Dear Ms. Pearson: Attached are fully executed copies of the above Agreement for your files. Sincerely, Dionne G.nry Aviation/Seaport Programs Administrator Public Transportation Office Encl. 5"1 EPEIANIC C. KOV ELOUSOS SVCRET_100 ,wvvw.dot.State. fl.US ECYCLED PAI-ER STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number Six 725-030-m PUBLIC TRANSPORTATION m/07 Page ,m" Financial No.: Fund: DDFRDPTO FLAIR Category 088719 25426919401 Function 635 Object Code: 750004 "e rn-~°^~^-~~^~~eq~~'~~' Federal No.: O0.Cude 55O62020828 Contract eNu: A0194 | ! DUNS No Vendor F590000748053 } ' | Catalog ofFederal Domestic Assistance Number: Catalog ofState Financial Assistance Number: 550004 \ ` .._ � ` ` THIS AGREEK�ENT.made and entered i�nthis ` ' ' day of j- by and between the STATE OF FLORIDA DEPARTMENT OF TRANSP0RTAT|ON, an agency of the Skate of Florida, here�nafter referred to as the Department, and Monroe County - Key West International Airport 3401 South Roosevelt Boulevard, Key West, FL 33040 hereinafter referred hzaaAgency, VV>TNESSETH� WHEREAS, the Department and the Agency heretofore onthe 9th entered into eJoint Participation Agreement; and Octoberday�_�_ WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $445,000.00 NOW, THEREFORE THIS INDENTURE VVITNE3GETHi that for and inconsideration cf the mutual benefits tnflow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented mofollows: 1.00 Project Description: The project description isamended To provide additional funding for airport related planning studyies, such as Solar Panels. 725-030-07 PUBLIC TRANSPORTATION 04107 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by S 500 000.00 bringing the revised total cost of the project to $ 890,000.00 Paragraph 4.00 of said Agreement is increased by $ 250 000.00 bringing the Department's revised total cost of the project to $ 445,000.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement June 30t" 725-030-07 PUBLIC TRANSPORTATION 04107 Page 3 of 4 Financial Project No, 25426919401 Contract No. A0194 Agreement Date*., 23!n Except as hereby modified, amended or changed, all other terms of said Agreement dated October 9th 2006 and any subsequent supplements shall remain in full farce and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Monroe County - Key West International Airport AGENCY NAME SIGNATOR ^INTED OR TYP SIGNATURE 4' a of TITLE ,/ • 1 0 to I�� See attached Encumbrance Form for date of Funding Approval by Comptroller Aii-XI. REVIEW, j DEPARTMENT OF TRANSPORTATION District Secretary or Designee TITLE �J2r?►1 Z,bl�[i$ tom! +7 C� dvr y „! Hena, Dionne G. From: The job F|A8gHLR Sant: Wednesday, March 17.2O1O3�57PKA To: Henry, Dionne 8. Subject: FUNDS APPRDVAL8REVEVVEDFOR CONTRACT A3194 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #A0I94 Contract Type: AG Method of Procurement: G Vendor Name: MONKOE COUNTY Vendor ID: VF596800749053 Beginning date of this Agmt: 10/09/06 Ending date of this AQmt: 06/30/11 Contract Total/Budgetary Ceiling: ct = $445/000.80 Description: Monroe County Planning Studies URG-CODE *EO *OBJECT *AMOUNT *FIN PKO]E[T *FCT *CFD4 (FISCAL YEAR) *BUDGET ENTITY *[ATEG0RY/C4J YEAR AMENDMENT ID *3ED, *USER ASSIGNED ID *ENC LINE(6S)/STATUS Action: SUPPLEMENTAL Funds have been: APPROVED 55 062020628 *PT *750004 * 250000.00 *25426919481 *637 � 2018 *55108100 *088719/10 S882 *00 * l *0002/04 -- -------- --- -- --------------------------'---- - ---- - --- --- --- TDTAL AMOUNT: *$ 250,800.08 * -' ------- -- - - ------'----- ---- -- - ----- ---- - - - - --- FUNDS APPROVED/REVIEWED FOR ROBIN M. NAIT8VE, [PA, COMPTROLLER DATE: 03/I7/2010 z nS-03Q-07 PUBLIC TRANSPORTATION Financial Project No. 25426919401 Contract No. Agreement Date ATTACHBNENT"A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms onintegral part Vfthat certain Supplemental Joint Participation Agreement between the Stab: of Florida, Department of Transportation and Monroe County=_Key West International Airport dated DESCRIPTION 0FSUPPLEMENT (Include justification for cost ohange): To provide additional funding for airport related planning studies such as, Solar Panels, i Project Cost: As Approved As Amended Net Change $390.000,00 $890.000.00 $500.000.00 Total Project Coot $390.000.00 $890.000.00 $500.000-00 i Fund As Approved As Amended Net Change Department $195.000�00 $445.000.00 $250.000.00 Agency� $185.OKO0 $445.000.00 $250.000�00 $0,00 $0.80 $0.00 Total Project Cost $390.000.00 $890'000.00 $500.000.00 Comments: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: County Administrator Bulk Item: Yes x No _ Department: Airports Staff Contact Person/Phone #: Peter Horton 809-5200 AGENDA ITEM WORDING: Approval to fund one half of the expense (not to exceed $5,000.00) for a bust of George Faraldo, to be placed in the New Terminal Building. ITEM BACKGROUND: George Faraldo was the Airport Manager at Key West International Airport for 28 years, from 1947 to 1975. He was responsible for the funding and construction of the existing Terminal Building, which was completed in 1957, and our current runway, taxiway, and commercial ramp configuration (completed in 1955). We have been approached by the Faraldo family to place a bust of George in the new building. They will pay for half of the cost of the bust and all of the cost of the bronze plaque accompanying it. George Faraldo was our longest -serving Airport Manager and gave us a firm basis upon which to establish today's Airport Complex, even though at the time of completion he was heavily criticized in the press for spending $1,000,000 on a facility that "would never be needed." PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: not to exceed $5,000.00` BUDGETED: Yes _No X DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: not to exceed $5,000.00 SOURCE OF FUNDS: Airport Funds REVENUE PRODUCING: Yes No x AMOUNT PER MONTH APPROVED BY: County Atty _ DOCUMENTATION: Included DISPOSITION: Revised 7/09 OMB/Purchasing Risk Management Not Required X , AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: _County Administrator Bulk Item: Yes x No _ Department: Airports Staff Contact Person/Phone #: Peter Horton 809-5200 AGENDA ITEM WORDING: Approval of a lease for rental space with Keren Adlen and Dani Tobaly, dba JET LAG ACCESSORIES, LLC., for rental space at the Key West International Airport. ITEM BACKGROUND: Lessees have four shops on Duval Street, selling general merchandise, and wish to lease vacant space in the New Terminal Complex at Key West International Airport. PREVIOUS RELEVANT BOCC ACTION: None on this item. Board granted approval to advertise a Request for Proposals for vendor spaces inside the new and existing passenger terminals at the Key West International Airport on April 15, 2009. The two spaces that JET LAG will rent are the only spaces that we did not receive a proposal on as a result of the RFP. The rental spaces total 380 square feet, charged at $35.89 per square foot per year ($13,638.12 per year), plus 5% of all gross sales (equivalent to a minimum of $17,000 per year). The total yearly minimum guarantee on this lease is $30,638.12. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: NA SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER YEAR $30,638.12 min. guarantee APPROVED BY: County Atty X OMB/Purchasing 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: dba JET LAG ACCESSO Contract # Effective Date: August 1, 2010 Expiration Date: July 31, 2011 Contract Purpose/Description: Rental Space at the Key West International Airport Contract Manager: Peter Horton 5200 Airports, Stop #5 (Name) (Ext.) (Department/Stop #) for BOCC meeting on July 21, 2010 Agenda Deadline: July 6, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 30,638.12 Current Year Portion: $ Budgeted? Yes❑ No ❑ Account Codes: 404- - - - Grant: $ ---- County Match: $ N/A - - - Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: utilities, janitorial, salaries, etc.) Division Director Risk Management O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Changes Date Out Date In Needed Reviewer 7-13-10 Yes❑ No® Yes❑ No❑ Yes❑ No❑ 7-13-10 Yes❑ No®� OMB Form Revised 2/27/01 MCP 42 LEASE AGREEMENT JET LAG KEY WEST INTERNATIONAL AIRPORT THIS LEASE AGREEMENT is made and entered into on the 18th day of July, 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Lessor" or "County", whose address is 1100 Simonton Street, Key West, Florida, 33040, and Keren Adlen and Dani Tobaly, DBA JET LAG ACCESSORIES, LLC., hereinafter referred to as "Lessee" or "Tenant" whose address is 423B Duval Street, Key West, Florida 33040. 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 1st day of August 2010, and will terminate on the 31 st day of July, 2011, unless terminated earlier under another paragraph of this agreement. (b) This lease may be renewed for three (3) one (1) year periods. 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, and any subsequently renewed, term of this lease. 3. Rental and Fees (a) i. Lessee agrees to pay Lessor rent in the amount of $986.97 per month plus tax, including electricity and garbage, for retail concession space 217 and ii. Lessee agrees to pay Lessor rent in the amount of $149.54 per month plus tax, including electricity and garbage, for 50 square feet of retail concession space 146 and iii. In addition to the rent, Lessee agrees to pay Lessor 5% of the annual gross revenues, or a guaranteed minimum annual fee of $17,000, whichever is greater, generated by Lessee's operations at retail concession spaces 217 and 146. 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 1st 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 ($1416.66.00) on an arrears basis. Payment shall be made no later than the 25th 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. (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 2 interest beginning on the 161h 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, 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 217 and 146). Other forms of entertainment may be permitted 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 shall 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 1946, as amended, or any future act affecting the operation or maintenance of the Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreement to 3 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 from 9:00 A.M. to 7:00 P.M., as a minimum. The hours can be revised by mutual consent. 4 (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 or delayed (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 Terminal Building. 5 (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 - This Agreement may be terminated at the discretion of the County in the following circumstances: a) Lessee fails to pay the rent or fees when due; b) Lessee fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required; c) Lessee otherwise breaches the terms of this lease; d) Cancellation is required to accommodate future Airport growth, or e) Cancellation is required due to F.A.A. requirements; f) The appointment of a receiver of the Lessee's assets; g) The divestiture of the Lessee's interest in the lease by court order or other operation of law; h) 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. Unless the County has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default/breach under the terms of this agreement. In the case of the default/breach occurrences described in subparagraphs 12(a), (b), (c), (f), (g), or (h) the County's Director of Airports shall first give the Lessee a written notification stating the default/breach. The Lessee shall be notified that he has 10 days to correct the default/breach. If the nature of the default/breach is such that it cannot be cured in 10 days, the Lessee shall inform the County in writing of the reason why the default/breach cannot be cured in 10 days and shall provide a written plan showing how the default/breach will be cured in a timely manner. If the Lessee has not corrected the default/breach at the end of the 10 days or if the Lessee has provided a cure plan, which the Lessee has failed to timely and diligently execute, then the County may cancel the lease in its discretion. In the case of cancellation occurring as described in subparagraphs 12(d) and (e), County shall provide Lessee 90 days notice. In the event of cancellation occurring as described in subparagraphs 12(d) and (e) the County, at County expense, shall relocate Lessee's concession to a mutually agreeable alternate site within the airport. If an alternate site at the airport is not available, the County will purchase the Lessee's lease hold at fair market appraisal value. 6 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 Government 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 perform its obligations. 14. Termination for Convenience - If the Lessee is not in default of its obligation to pay the rent and the charges, then the Lessee may terminate this agreement for convenience after giving the Lessor 90 days written notice. 15. 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 FA 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 term of this agreement. If the insurance policies originally purchased that meet the requirements are 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 15(a). Before the County may terminate 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 8 the insurance required by subparagraph 15(a). Before treating the Lessee in default and terminating the agreement in this situation, the County shall provide the Lessee 24-hour notice by FAX or overnight courier. The County may then terminate the lease if, after 14 calendar days, Lessee has not cured the default. 16. 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. 17. 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 Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of Lessee and, provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the leased premises by Lessee, the 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. 18. Assignment/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 or delayed. 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 which will not be unreasonably withheld or delayed. All the obligations of this agreement will extend to the legal representatives, successors and assigns of the Lessee and Lessor. 19. Books, Records, Documents - Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with I 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. 20. Hold Harmless - Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional, or sole negligent acts, or 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. 21. 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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975; as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to B 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. 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. Lessor and Lessee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. Code of Ethics - County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida 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. 29. 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 terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 30. 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. 31. Privileges and Immunities - All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any 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. 32. Legal Obligations and Responsibilities - Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by 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 12 Lessor, except to the extent permitted by the Florida Constitution, State Statute, and case law. 33. Non -Reliance by Non -Parties - No person or entity shall be entitled to rely upon the terms, or any of them, of 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. 34. 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. 35. No Personal Liability - No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. Execution in Counterparts - This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. 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. 38. 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. 39. 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: Airports Director Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL. 33050 (305) 809-5200 For Lessee: Jet Lag Accessories, LLC Keren Adlen and Dani Tobaly 423B Duval St. Key West, Fl. 33040 (305) 509-2405 13 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. 40. 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. 41. 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. 42. AIRPORT SECURITY. a) General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. 14 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 "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 R 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, 16 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 termination 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, attorney's fees and costs, and costs of remediation or additional security measures required to be implemented by any governmental 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 termination of this Agreement. 43. 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. 17 44. 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. 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 COUNTY, FLORIDA Mayor/Chairman LESSEE'S: By _Z� Keren Adlen By s/l� ani Tobaly ATTES �`� By. Title: ' -1 _ _ _ STACY FLQURDE MY DD 656030 �XPPEE'. n 27,2011 3nri 1 Tf -.a b�ta , Pvtne Ungewlr fs dw E COUNTY TTO NEY j PRO D AS Yp�M: PEDRO MERCADO ASSISTANT COUNTY ATTORNEY Date 18 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: County Administrator Bulk Item: Yes x No _ Department: Airports _ Staff Contact Person/Phone #: Peter Horton 809-5200 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Jayne's Cleaning Service for janitorial services at the Key West International Airport, and approval for Jayne's Cleaning Service to commence services beginning August 1, 2010. ITEM BACKGROUND: The previously -contracted janitorial company, Class Act Cleaning Service, was in default of their contract, so an RFP was issued. After evaluation of the bidders, Jayne's has been chosen to provide janitorial services. PREVIOUS RELEVANT BOCC ACTION: 12-16-2009 — execution of contract with Class Act Cleaning Service. 3-17-2010 — termination of contracts with Class Act Cleaning Service due to default/breach of contract; approval to advertise RFP for Janitorial Services; approval to hire Eight B Cleaners on a month -to -month basis. 4-8-2010 RFP posted on DemandStar, with a bid opening date of 5-12-2010. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $20,833.00/month ($250,000.00/year) BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $20,833.00/month ($250,000.00/year) SOURCE OF FUNDS: Airport Funds REVENUE PRODUCING: Yes No x AMOUNT PER MONTH APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Jayne's Cleaning Services Contract # Effective Date: August 1, 2010 Expiration Date: July 31, 2011 Contract Purpose/Description: Janitorial Services at the Key West International Airport. Contract Manager: Peter Horton 5200 Airports, Stop #5 (Name) (Ext.) (Department/Stop #) for BOCC meeting on July 21, 2010 Agenda Deadline: July 6, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 250,000.00 Current Year Portion: $ 41,666.00 Budgeted? Yes® No ❑ Account Codes: 404-63001-530340- - Grant: $ - - - - 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 Igo "14") Yes❑ No5j Risk Managegient� % /0 Yes[] No© O.M.B./Purchaing Yes[:] Nols� County Attorney 1 Yes❑ NoK1 Comments: OMB Form Revised 2/27/01 MCP #2 wer Date Out -i'0 /0 CONTRACT FOR JANITORIAL SERVICES JAYNE'S CLEANING SERVICES KEY WEST INTERNATIONAL AIRPORT THIS CONTRACT (hereafter "Contract" or "Agreement"), made and entered into this 18`h day of July, 2010, by and between Monroe County, a political subdivision of the State of Florida, (hereafter "County"), whose address is 1100 Simonton Street, Key West, Florida, 33040 and Jayne's Cleaning Services, a Florida Company (hereafter "Contractor"), whose address is P.O. Box 431439, Big Pine Key , Florida 33043. The parties hereto, for the considerations herein set forth, mutually agree as follows: 1. SCOPE OF WORK. The Contractor shall provide janitorial services at the Key West International Airport, including all necessary equipment required in the performance of same, and perform all of the work described in the Specifications (Exhibit A), and her Bid (Exhibit A-1) attached hereto and incorporated as part of this document. The Contractor shall insure all exterior doors are locked upon their departure after business hours. 2. CONTRACT SUM. The County shall pay to the Contractor for the faithful performance of said service on a per week in arrears basis for each of twelve (12) months. The Contractor shall invoice KWIA weekly for janitorial services performed under the Specifications contained herein. The Contract amount shall be Twenty Thousand Eight Hundred Thirty -Three ($20,833.00) per month. 3. CONTRACTOR'S ACCEPTANCE OF CONDITIONS. a) The Contractor hereby agrees that she has carefully examined the sites and has made investigations to fully satisfy herself that such sites are correct and suitable ones for this work and she assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the Specifications. All Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor (and her Surety, if applicable). b) Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Airport Manager, and his decision shall be final and binding upon all parties. c) The passing, approval, and/or acceptance of any part of the work or material by the County shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship 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 reasons of the Contractor's breach of this Contract and/or her failure to comply strictly and in all things with this Contract and with the Specifications. 4. TERM OF CONTRACT/RENEWAL. a) This Contract shall be for a period of one year commencing on August 1, 2010 and terminating on July 31, 2011. b) The parties shall have the option to renew this agreement after the first year, for (3) three additional (1) one year periods. The contract amount agreed to herein may be adjusted annually, on the renewal date of each year, by a percentage equal to the percentage increase in the CPI for urban consumers for the preceding calendar year. c) Should additional service be required at KWIA on a permanent basis, the additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, and approved by the Airport Manager and by the Contractor. 5. 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. 6. ASSIGNMENT. The Contractor shall not assign 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 agreement shall be incorporated by reference into any assignment and any assignee 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. 7. COMPLIANCE WITH THE 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 regulation 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. 8. INSURANCE. Prior to execution of this agreement, the Contractor shall furnish to the County Certificates of Insurance for the following coverage: Workers 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 - $300,000 (CSL) General Liability - $500,000 (CSL) Employee Dishonesty - $100,000 9. INDEMNIFY AND HOLD HARMLESS. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor 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 2 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 Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 10. RECORDS. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, and FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to 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. 12. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 13. ATTORNEY'S FEES and COSTS. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be 3 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. 14. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 15. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 16. 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. 17. ADJUDICATIONS 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. 18. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, 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. NONDISCRIMINATION. 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. 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, 4 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. The Contractor expressly understands that upon a determination by a court of competent jurisdiction that the Contractor 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. 20. 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 the only interest of each is to perform and receive benefits as recited in this Agreement. 21. 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. 22. 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. 23. 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. 24. 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 5 to contain any provision for waiver. 25. 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. 26. 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. 27. 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. 28. 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. 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. 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. 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. 32. FUNDING AVAILABILITY. In the event that funds from Airports Contractual 6 Services are partially reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board by written notice of termination delivered in person or by mail to the contractor. The Board shall not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 33. 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. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 34. NOTICE REQUIREMENT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Airport Director Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 (305) 809-5200 FOR CONTRACTOR Jayne's Cleaning Services P.O. Box 431439 Big Pine Key, Florida 33043 Phone (305) 923-1250 Fax (888) 826-0639 35. CANCELLATION. a) The failure by the Contractor to comply with all the terms and conditions of this Agreement shall constitute a default/breach under the terms of this Agreement. Unless the County has accepted in writing a delay in performance of the duties enumerated in Exhibit A, the failure by the Contractor to perform said duties shall also constitute a default/breach under the terms of this agreement. In the event of a default/breach of the Agreement, the County may cancel this Agreement for cause with seven days notice to the contractor. b) Except as otherwise provided in this Agreement, either of the parties hereto may cancel this agreement without cause by giving the other party (30) thirty days written notice of its intention to do so. 36. AIRPORT SECURITY. a) General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d) Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport -related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West 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 "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, 8 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. 9 (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 termination 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, attorney's fees and costs, and costs of remediation or additional security measures required to be implemented by any governmental 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 termination of this Agreement. 37. MUTUTAL REVIEW. This agreement has been carefully reviewed by the Contractor and the County, therefore this agreement is not to be construed against either party on the basis of authorship. The remainder of this page has been intentionally left blank. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day of , 2009. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Sylvia Murphy This RK6 :6. 1 1-1 Key West, FL 33041-1026 (305) 292-3470 JAYNE'S CLEANING SERVICES 12 EXHIBIT A-1 JAYNE'S CLEANING SERVICE, INC. (305) 923-1250 Jayne@iaynescleanineservice.com May 1P, 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 the Key West International Airport. 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., 07 IY%A-o J yne Jurgenso Owner/President REFERENCES NATIONAL WEATHER SERVICE OFFICE 1315 White Street Key West, FI. 33040 CONTRACT DATES: JANUARY 1sT-T0 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 pcatala@pol6.or� 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.dc.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@tnc.ore 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, FI. 4. All County Buildings in Marathon, Fl. and Key West, FI. S. The Florida Keys Aqueduct Authority in Key West. REQUEST FOR PROPOSALS FOR Janitorial Services AT KEY WEST INTERNATIONAL AIRPORT MONROE COUNTY, FLORIDA BOARD OF COUNTY CONUMMIONERS Mayor Sylvia Murphy, Diatriet S Mayor Pro Tom Heather Carruthers, DWet 3 Comadssioaer George Neu=eat, District Z Comn dulomer Kim Wigioftou, District 1 Commissbmer Mario Di Geiaaro, Distriet 4 COUNTY ADMINISTRATOR ROMAN GASTESI Jr. DIRECTOR OF AIRPORTS PETER J. NORTON CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE March 2010 JAYNE'S CLEANING SERVICES, INC., PROPOSAL FOR KEY WEST INTERNATIONAL AIRPORT Janitorial service 24hrs/7days Carpet cleaning As per specifications Floor Stripping and Sealing As per specifications All Equipment All Cleaning Supplies 20,833.00 monthly 250,000.00 year Included Included Included Included All Required supervision Included PROPOSAL FORM TO:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 PROPOSAL FROM: A�� �F 'S ( g)Q 1V1' -1G SCR UI C G 70 33oSC3 The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of: JANITORIAL SERVICES AT KEY WEST INTERNATIONAL AIRPORT The Contractor, in submitting the foregoing proposal, agrees to comply with all contract specification documents. I acknowledge receipt of Addenda No. (s) #/ (Check mark ('� items below, as a reminder that they are included.) I have included the Bid Proposal which entails: Proposal Form with the Non -Collusion Affidavit I/; the Lobbying and Conflict of Interest Clause v"�-, and the Drug Free Workplace Form V and Local Preference Form (if applicable). In addition, I have included a current copy of Mo a County and City of Key West Occupational License V Insurance Agents Statement and all requirements as stated in Section One, Article 1.04 Paragraphs A through D. Print NameJTe.(cJieG�yso�//� Mailing Address: T O.6o X y 31V39 Signed: Title Telephone/, ,9 ,/�So 16/ G *10 , /-L• 3305 3 Fax; *P ,74 - O 639 Date: S•//'�d/o e.e o Witn.[__**WQ/A^A\ tOl A(� PAC i) 31 NON -COLLUSION AFFIDAVIT I,. 114(gWr JUR4t.y SORAI of the city of 4,777ET�cii according to law on my oath, and under penalty of perjury, depose and say that: 1. I am OW�es���/��SiD£•�� of the firm of-JAZ-ti 'S �L f M�i�6 ,SZ�t �. j,ve.. . the respondent making the Proposal for the project described in the Notice for Calling forbids for: A94/ WES7- _-CdiTe A1A-;r1_0,yAC. AA -A OLl and that I executed the said proposal with full authority to do so: 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 respondent or with any competitor, unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to bid opening, directly or indirectly, to any other respondent or to any competitor; and no attempt has been made or will be made b the respondent 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. S of pon t) (Date) STATE OF: A'61� COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, y, () who, after first being sworn by me,(name of i dividual signing) affixed hi er si ture ' the space provid above on this day of 20 N Y PUBLIC oiir� JOIENE MAHARAJ ;`�P NofayPjjic•slafeofFOM My Commission Expires: `+ _' • - N►✓ Comm Expires Jan 15, 2014 e;= Commission DD 7491, ' s to 8wiwTnmoNabrd� MAWL 32 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE wan -ants 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. gnatu ) Date: S //- &-LC)/O STATE OF X-/�a COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, nQLQnAE,VQ!^ who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this j V day of NOTARY PUBLIC My commission expires: San I ✓JI aol a OMB - MCP FORM #4 33 JOLENE MAHAKAJ { f r Nagy "iC-stare d FkorW ?' W Came Expires Jon 15, 2012 COmmisslon # DD 749158 Borxled ih00 Mftrd NobVAm DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.097 hereby certifies that: s (Name of Business) srAVI C.E I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (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 993 (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. Maim a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF T&� COUNTY OF-7 .L Signa of R ndent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Amp, Uco who, after first being sworn by me, (name of individu signing) affi&W his/her signature in the space provided above on this day of Mau 20V-LQ My commission expires: J &n I S , ao1 Z OTARY PU LIC �,►m►G4.,�- JOLENE MAHARAJ NOIW KCIC-S C09 d Floddo W Comm Wres JOn 14 2012 s COMM9381on # DD 749158•°; �t''�� 34 kr deo ftm0 Nabrd Navy Aan PUBIX ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." By executing below, proposer states that he/she/it is in compliance. STATE OF COUNTY OF (S gnatur f R ondent) Vag 1� col 0 DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, _ 1a� InQ , �y rQeffiCbD who, after first being sworn by me, (name of Indiivi&al signing) affhed his/her signature in the space provided above on this �—dzyof 2(1 P NOTARY "►"'••.,, JOLENE MAHARAJ ZNroyn*---SldedfIWW My C=M Bow Jan l & 2012 �;:� Gommiaslon * DD 749168 ''•„4;; BondsdbWghNora NobyAmm 24 My commission expires: Jan LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Respondei:JAVi/£ .S t�IZ-CA I&% 4-5-exyiccDate: S•//-;t7/0 c 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax y Collector dated at least one year prior to the notice or request for bid or proposal? (Please T— furnish copy. ) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: S red I /Qr�. L ir-T�f % �ccN /��%� �'�• •3.30�� r Telephone Number: (30 S) 9 Z 3 • /Z SO B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? 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: d&6tA S 1 (!f/EYr ! GAG 909 .,�i mom S/�o Tel. Number (3o5) 2 99'-3 �'3 ,_. A J� Print Name: Sign an Title uth zed Signatory for Bidder ponder 35 STATE OF COUNTY OF On this 1-th da of 20 k O before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed abov or wW produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the s therein con ed. '+�•• Qk"��yS, ' ARAj s. BaY/eJdORLroEtNghE NuMIbAroH �C i4 WQGSti offinAres J Cn 0CmmisslOn #DD 12 749158 Print Name My commission expires:, l� Sea! 36 cones ram.: �.i Ayti E �S CcCA.y��•�G AddmW' CRY, soft zr- Ensp"+a. C Al n a rwam.n.s OrwkAft nsiMn name r SO" a°'No' a43.3ss•s".7 3 Dols d BMW 8 • •19 •ss Hl* e�o color •_ cao+.r: .v IOW* 5.3 watOht /45 DaisdAppif oUM owbr a R. e4) Cowft d CllMEW PMosdBk fr CRY so& ZIP Tmm 44 01 1 aa1waw1 1 es ad to Ay Al �iiiwarss (i811� bas dab,d d wta ilf lss. wbaMar rrwy� s pbn ar • pMa d aonl.11dAa b» aiMul� ssMUIW • owwk m /r *A pwpsss d gwsaW sssar `M� {M Cpl ll�t 1iW 1 abs aeeapt Mae �sn paay�t of • db� bear Ada ■ fflow"Mm fs om npoMrsq, wr wasawMd asesss fs M Suns Am W fs Abpwt mWbs dN d w ALLM W &vbb a*b mnpW.s u*wdwd by wm P nw= DspwwwM FYampa Hooft AW Mad DbWwAd FA Mrw's Yibe DOW Rwgxkt plocndr Emoft lc &Amd m $moo par Ott bUM1od: Cash t C ook s s B.aO. NumbTVW Ao Least paw() iwab.( aolbsled Dsscovwon do* Masson: 37 Mb1���J. �✓y : V 1'�'1 �Aj 1 y�r'� Y� wt'%r' t, l �i ;. k7 .r 9' . —_ — 2009 / 2010 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2010 RECEIPT# 29240-23355 Business Name: JAYNES CLEANING SERVICE INC Owner Name: JAYNE JURGENSOFIN Mailing Address:P O BOX 431439 BIG PINE KEY, FL 33043-1439 Rooms 0 umber of Machines : Seats 0 Business Location: MO CTY MARATHON, FL 33050 Business Phone: 305-872-8866 Business Type: MOBILE (MOBILE JANITORIAL CLEANING) Employees Machines Stalls 0 0/0 0 For Vending Business Only Vendino Tvae Tax Amount Transfer Fee Sub -Total lPenalty jPriorYears lCollection Cost jTotal Paid 225.00 1 $25.00 1 $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. O ��.,�r :. -� 9�'1?t> �i ��,�� `n ^ A �, l��y byyr - r �'�. `:ri • - - ADDENDA NO.1 April 29, 2010 NOTICE OF REQUEST FOR PROPOSALS JANITORIAL SERVICES AT KEY WEST INTERNATIONAL AIRPORT KEY WEST, MONROE COUNTY, FLORIDA RFP-APK-132-233-2010-PUR/CV Response to questions submitted by: NextEra by e-mail on April 22, 2010; OJS Systems via fax on April 14,2010; Dionisios Katehis on April 21, 2010; and Wilson 5 Service Company via fax on April 23, 2010; with regards to the Janitorial Services at KWIA Request for Proposals. Date: April 29, 2010 The questions and comments submitted by the respondent shall be restated verbatim below followed immediately by the County's response. Respondent's (jjextEra) Question: Will we be in compliance should we submit bids for 1) Key West Janitorial, 2) Monroe County Airport, 3) May Hill Russell library WITHOUT the occupational license? Coun , 's Response: Yes, -the bid will be compliant. A respondent is not required to obtain an occupational license prior to or at the time of the submission of the bid. nmenaum W 14M10 Page 1 of 2 Pages Respondent's (QJS Systems) Question: What is the amount of awarded to current contractor of these services? County's Response: The current contractor was hired on an interim basis. The current contract is approximately $5,500 weekly; however, the current cost bears no relevance to the current Request for Proposals as the purpose of the Request for Proposals is to obtain the most current responsive bid demonstrating the best value for the County. Respondent's (Dionisios KatehisZQuestion: I am requesting a list for the last cleaning bids for the Key West International Airport. County's Response: A bid tabulation from a September 2009 Request For Proposals is available and attached hereto as Exhibit A; however, it bears no relevance to the current Request as the purpose of the Request For Proposals is to obtain the most current responsive bid demonstrating the best value for the County. Respondent's (Wilson 5 Service Comp tion 1. What is the square footage of tile in the new airport? estion 2. What is the square footage of carpet in new airport? Question 3. What is square footage in office area? M Coun , 's Response: The new airport terminal building is approximately 30,000 square feet; however, as stated in the RFP, the work excludes: "TSA and Raytheon spaces, rental car counters and ofce space, Airlines Office back areas, airport Gift Shop(s), the Conch Flyer and Last Call Restaurant Lounge and the secure baggage areas. Work shall consist of two distinct areas of responsibility; regular janitorial services and floor maintenance. " The airport flooring surface consists primarily of a concrete base with an epoxy coating. The respondent is welcome to contact the airport at the number listed in the RFP in order to arrange a site inspection visit and view the flooring area. ad&ndum Nm 14MI10 Page 2 of 2 Pages x:., APPROVAL TO ISSUE ADDENDUM The Requesting Department Director, Division Director or designee and the Purchasing Director or designee, shall approve any addendum- to a request for formal sealed bids. The addendum shall clearly point out any addition or change to the specifications. U (/ 4-" 12- ci It V rtmeut or or esmnee Date Division Director or designee Date V.. ±. Purchasing Supervisor (designee) Date Addenda No. I V2912010 RFP Janitorial Services at KWIA 5/4/ZOlU 11 : *U: iu An FAUr. It/ vv.i Proof of Insurance up to Four Vehicles 1- OA vv� • v� Page 3 of 4 A113+ VwMinIMM IWML%. Allstate Property and Casualty Insurance Company Proof of Insurance Name: JANE JURGENSOHN Address: PO BOX 431439 BIG PINE KEY, FL 33043 Phone: (305)923-1250 Coverage Effective Date 12/01/2009 - 06/01/2010 Policy Number: 961854815 ��I:ITIG 1®1'®:17 11 111 Collision Reimbursement ................................................................ al Iniury Protection (Anti -Theft Discount Anti -Lock Brake Discount Name Gender Date of Birth State Licensed l Driver License Number VURGENSOHN, emale 8/29/1955 (Florida �J625445558091 I,JANE httpJ/a0185-app0012-slInterfaceweblAutoPOIwithOperator.aspx?PolicyNum---961854815&... 5/4/2010 JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTUCE BUIDIJLNG — 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 Liability policies are ✓ Occurrence DEDUCTIBLES Claims Made Signature Print Name .---�v -4 '1' Bid Docum uft 3-7 October 2009 TheNature Mail to: P. 0. Box 420237 Tel (305) 745-8402 nature.org Conservancy r Summerland Key, FL 33042 Fax (305) 745-8399 Protecting nature. Preserving life. Delivery address: 55 N. Johnson Road Sugarloaf Key, FL 33042 September 14, 2009 To Who It May Concern This is to confirm that Jayne's Cleaning Services has provided cleaning services to The Nature Conservancy Florida Keys office in Sugarloaf Key since 1999. She is reliable and honest. She is responsive to any comments we have about our service and makes sure we are happy with the service we are getting. She listens to our needs and ensures they are met the following week. The cleaning is performed weekly outside of office hours at the weekends. I would recommend her services to any business. Shirley Gun Office Manager 305-745-8402 x107 ® 100%post-consumerm tenals MONROE COUNTY KEY WEST 501 EISENHOWER DRIVE P.O. BOX 4127 KEY WEST, FL 33041-4127 PHONE: (305) 294.2501 MARATHON PUBLIC DEFENDER'S OFFICE 4565 OVERSEAS HIGHWAY, SUITE 2 MARATHON, FL 33050 PHONE: (305) 289-5015 PLANTATION KEY 50 HIGH POINT ROAD, SUITE 103 TAVERNIER, FL 33070 PHONE: (305) SApitbl 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 5 O` O C. 0 CD CO CD Ja, ;4� h Key West International Airport Florida Keys Marathon Airport Disadvantaged Business Enterprise (DBE) Program March 19, 2010 Jayne's Cleaning Service, Inc. Ms. Jayne Jurgensohn P.U. Box 431439 Big Pine Key, FL 33043 ANNIVERARY DATE — Annually on March 19th Dear Ms. Jurgensohn: The Key West International & Florida Keys Marathon Airports are pleased to announce that your firm has been certified as a Disadvantaged Business Enterprise (DBE) in Florida, under the Unified Certification Program (UCP) in accordance with 49 CFR, Part 26. DBE certification is continuing, but is contingent upon the firm maintaining its eligibility annually through this office. You will be notified of your annual responsibilities in advance of the Anniversary Date. You must submit the AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date. Failure to do so will result in immediate action to decertify the firm. Only those firms listed in the UCP DBE Directory, are certified by Florida UCP Members. Prime contractors and consultants should verify your firms DBE certification status, and identify the only work area(s) for which the firm is DBE eligible, through this Directory. Your firm will be listed in Florida's UCP DBE Directory which can be accessed via the internet, at littp://www.bipincwebapps.com/blznetforida/ or through the FDOT's website at www.dot.state.11.Us/egLialopportunityoffice, then select "DBE Directory". DBE certification is NOT a guarantee of work, but enables the firm to compete for, and perform, contract work on all USDOT Federal Aid (FAA, FTA and FHWA) projects in Florida as a DBE contractor, sub- contractor, consultant, sub -consultant or material supplier. If, at any time, there is a material change in the firm, including, but not limited to, ownership, officers, Directors, scope of work being performed, daily operations, affiliations with other businesses or individuals or physical location of the firm, you must notify this office, in writing, within (30) days. Notification should include supporting documentation. You will receive timely instruction from this office as to how you should proceed, if necessary. 3491 S. Roosevelt Blvd. Key West, FL 33040 Tel (305)292-3518 Fax (305)292-3578 Jayne's Cleaning Service, Inc. Ms. Jayne Jurgensohn Page 2 Your firm is eligible to compete for, and perform, work on all USDOT Federal Aid projects throughout Florida, receiving DBE credit for work performed in the following areas: NAICS: Description 561720/790 Janitorial Services/Commercial Cleaning Questions and concerns should be directed to this office by mail or telephone. Our telephone number is (305) 292-3518. Our fax number is (305) 292-3578. Sinc ely, eter Hortot , ELO Key West Int ational Airport and Florida Keys Marathon Airport Disadvantaged Business Enterprise Program 3491 S. Roosevelt Blvd. Key West, FL 33040 Tel (305)292-3518 Fax (305)292-3578 2008 NOTICE OF PROPOSED PROPERTY TAXES MONROE COUNTY TAXING AUTHORITIES P0BOX 1176 KEY WEST FL 33041-1176 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 DO NOT PAY THIS IS NOT A BILL The taxing authorities which levy property taxes against your property will soon hold PUBLIC HEARING; to adopt budgets and tax rates for the next year. The purpose of these PUBLIC HEARINGS is to receive 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 IDS: 00023548-000000 Mill -Dist: 1o0H *TANGIBLE* TaxingAuthorities Base Assessed Value Total E7,lons Granted -' Taxable Value your p Taxes Last Year our Prop" Taxes This Year It Proposed Budget Change Is Mads Your Texas This Year It No Budget Change Is Made A Public Hearing On The Proposed Taxes And Budget Will Be Held: COUNTY GENERAL REVENUE FUND 980 980 0 0.72 0.00 0.00 SEPTEMBER 10, 2008 5:05PM F & F (LAW ENF, JAIL, KEY LARGO LIBRARY JUDICIAL SYSTEM) 980 980 0 1.21 0.00 0.00 101485 O/S HWY KEY LARGO FL HEALTH CLINIC 980 980 0 0.02 0.00 0.00 (305) 292-4470 PUBLIC SCHOOLS: SEPTEMBER 9, 2008 6:OOPM BY STATE LAW 980 980 0 1.21 0.00 0.00 CORAL SHORES HIGH SCHOOL BY LOCAL BOARD 980 980 0 1.32 0.00 0.00 89901 US 1 HWY TAVERNIER FL (305) 293-1400 EXT 53345 GENERAL PURPOSE MSTU 980 980 0 0,13 0.00 0.00 SEPTEMBER 10, 2008 5:05PM LOW/MID FIRE/AMB DIST 980 980 0 0.90 0.00 0.00 KEY LARGO LIBRARY MC LOCAL ROAD PATROL 980 980 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 0 0.22 0.00 0.00 SEPTEMBER 10, 2008 5:15PM OKEECHOBEE BASIN FND 980 980 0 0.24 0.00 0.00 B-1 BLDG 3301 GUN CLUB RD GLADES PROD 980 980 0 0.08 <0:00 0.00 WEST PALM BEACH FL (561) 686-8800 INDEPENDENT SPECIAL DISTRICTS MOSQUITO CONTROL DIST 980 980 0 0.36. 0,00 0,00 SEPTEMBER 15, 2008 5:30PM KEY LARGO SUBSTATION 10071 O/S HWY KEY LARGO FL (305) 292-7190 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: County Administrator Bulk Item: Yes x No _ Department: Airports _ Staff Contact Person/Phone #: Peter Horton 809-5200 AGENDA ITEM WORDING: Approval to pay an invoice for Emergency Roof Repairs at the Key West International Airport from Pearson Framing Contractors, Inc., required due to the replacement of an air conditioning unit located above the ground -level Conch Flyer Restaurant. ITEM BACKGROUND: Sub -Zero was hired to replace an air conditioning unit on the roof of the existing terminal building, above the Conch Flyer Restaurant. During the course of the work, it was determined that the curb surrounding the unit would need to be re -configured to match the size of the new unit. Due to the emergency nature of having the Conch Flyer exposed to the elements, a roofing contractor previously used by the Airport (Dan Ace) was called to make the repair. After several hours without a return phone call, a second contractor was contacted (Pearson Framing Contractors). They immediately secured the area to prevent damage to the building, and completed the job as requested. The Clerk's Office has requested that this item be presented to the Board for approval. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $3,432.00 BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $3,432.00 _SOURCE OF FUNDS: Airport Funds REVENUE PRODUCING: Yes No x AMOUNT PER MONTH APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 4 • b s P0# 00032897 MONROE COUNTY BOARD ,OF COUNTY COMMISSIONERS PAGE NO. 1 +-----------------------------+ I P U R C H A S E O R D E R I +-----------------------------+ COUNTY SALES 'PAX EXEMPT NUMBER: 85-8013825294C-7 VENDOR: 93542 PEARSON FRAMING CONTRACTORS INC 28565 ARICA ROAD SUMMERLAND KEY FL 33042 SHIP TO: MC KEY WEST INTERNATIONAL AIRPORT 3491 S. ROOSEVELT BLVD, 2ND FLOOR KEY WEST, FL 33040 ATTN: BEVETTE MOORE ATTN: KIM MCGEE DATE: 06/23/10 BUYER:KIM MCGEE TERMS:NET 30 DAYS FOB: ITEM# QNTY UOM DESCRIPTION 01 1.00 EMERGENCY ROOF REPAIR AT AC LOCATIO ABOVE GROUND LEVEL CONCH FLYER RESTAURANT �I JUN 30 2010 016 d01 ACCOUNT 530460 r REQ. NO:00028876 RQ: DESC: UNIT PRICE EXTENSION 3432.0000 PAGE 1 TOTAL: PO TOTAL: AMOUNT PROD, CD 3,432.00 INV 0 ;`�� AUTHORITY' N—f 0 _ 3,432.00 3,432.00 3,432.00 Pearson Framing Contractors, Inc. 28565 Arica Rd. Little Torch Key, Florida 33042 305-240-1138 N 305-879-2910 Fax: 305-515-0268 pearsoncontractors@hotmail.com June 4, 2010 Larry Flowers Key West International Airport 3491 S. Roosevelt Blvd. Key West, A. 33040 305-797-1453 INVOICE Emergency roofing repair at A/C curb mount location above the original Conch Flyer Restaurant. We were contacted by Mr. Flowers on 6-2-10 at 1:00 pm and were on site at 4:45 pm that same day. Work started at that time and continued past dark and finished on 6-3-10. Work included completion of tear off existing roofing of exposed area and carpentry framing and new plywood sheathing installed to new A/C curb to match correct existing deck height. Installation of galvanized flashing to meet curb and base sheet and roll roofing torch down to existing roofing. TOTAL PRICE --------------------- ----------------------------- $3,432.00 Thank You, William Pearson Pearson Framing Contractors lY.Z3 '10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: July 21, 2010 DIVISION: Public Works BULK ITEM: Yes x No DEPARTMENT: Public Works STAFF CONTACT PERSON/PHONE NO.: Beth Leto/292-4560 AGENDA ITEM WORDING: Approval of Amendment to Agreement with Stand Up for Animals, Inc. (SUFA) to operate the Big Pine Key and Marathon Animal Shelters for an additional ninety (90) days. ITEM BACKGROUND: At the bid opening on April 28, 2010, SUFA was the lone bidder for the contract to operate the middle keys animal shelter operations. Their current contract was set to expire on June 30, 2010. At the June 16, 2010, meeting, SUFA agreed to a 90-day contract extension, at the same rate of $21,956.38 per month, to allow time for negotiation of a new contract or to start the re -bid process. PREVIOUS RELEVANT BOCC ACTION: On May 18, 2005, the Board approved the original contract; on June 15, 2005, the Board approved an amendment changing the contract term to three years with two (2) one-year renewal options; on June 18, 2008, and May 20, 2009, the Board approved renewal agreements; and on June 16, 2010, the Contractor verbally agreed to a 90-day contract extension. CONTRACT/AGREEMENT CHANGES: Extends current contract for ninety days, up to and including September 30, 2010; changes termination without cause to be in accordance with the Florida Statutes, and updates the notice requirement section. STAFF RECOMMENDATION: Approval. TOTAL COST: $65,869.14 INDIRECT COSTS: n/a BUDGETED: Yes: x No: DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: Same SOURCE OF FUNDS: ad valorem REVENUE GENERATED: Yes No APPROVED BY: Co. Atty. : _ / q� /Purchasing: Risk Management: DOCUMENTATION: INCLUDED. Ix NOT REQUIRED: _ `Y DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: STAND UP FOR ANIMALS, INC. Contract # Contract Purpose/Description: Operation Contract Manager: Beth Leto (Name) for BOCC meeting on July 21, 2010 Effective Date: 07/01/2010 Expiration Date: 09/30/2010 of Big Pine Key and Marathon Animal Shelters for an add'1. 90 4560 Public Works - #1 (Ext.) (Department/Stop #) Agenda Deadline: July 6, 2010 CONTRACT COSTS Total Dollar Value of Contract: $263,476.56 Current Year Portion: $65,869.14 Budgeted? Yes ® No ❑ Account Codes: 001-21000-530340 Grant: $ County Match: $ Estimated Ongoing Costs: $ n/a /yr (Not included in dollar value above) ADDITIONAL COSTS For: (e.g., maintenai etc. Division Director Risk Managem nt O.M.B./Purc sing County Attorney Comments: Date k i��� A!5/ir 1 ' CONTRACT REVIEW Changes Needed Reviewer Yes[:] No[' Yes❑ No Yes❑ Nob� - . Yes❑ No® _ Date Out It V a 07/05/2010 09:45 2319328573 TADL PCC PUBLIC FAX PAGE 01 AMENDMENT TO AGREEMENT (Operation of .uis Pine Key and Marathon Animal Control Shelters) "THIS AMENDMENT TO AGREEMENT is entered into this 12`' day of 1, ram! , 2010, by and between the Board of County Commissioners of Monroe County, Florida (COUNTY), and STAND UP FOR ANIMALS, INC. (CONTRACTOR), WHEREAS, the parties entered into an Agreement dated May 18, 200% as amended and renewed, for the purpose of operating the Big Pine Key and Marathon Animal Control Sheltors; and WHEREAS, said Agreement will end on Juno 30, 201.0; and W I-IEREAS, the Contractor was the lone bidder for the new contract for this operation; and WHEREAS, the County is currently working with Contractor to develop a new contract or, alternatively, to re -bid ttie operations, and W HERFAS, on June 16, 20 tO, the Contractor agreed to a ninety (90) day extension of the current agreement, NOW THEREFORE, in consideration of the nrurml promises contained herein, the parties al7ae as follows: 1. The County and Contractor agree to extend the Agreement for ninety (90) days, allowing time for negotiation of a new contract or the rebid process. 2, The Oftfive date of this Amendment wil l be July 1, 2010, and shall extend on a month -to -month basis up to September 30, 2010. 3, Section XXIV TERMINATION WITHOUT CAUSE is amen.dod to read: "In accordance with F-S. 83,03, this month -to -month contract extension may be terminated by either party by providing written notice of termination no loss than 15 days from the end of the monthly period." 4. Section XXX. NOTICE REQUIREMEN,r is amended to read: "Any notice required or permitted tinder this agreement shall be in writing and hand delivered or Entailed, postage paid, to the other party by certified ruai.l, return receipt requested, to the fallowing. FOR COUNTY: Monroe County Administrator and 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR.: I.Anda Gottwald, Director ;stand [gyp for Anizrittla, Inc, 10550 Aviation Boulevard Marathon, FL 33050 County Attorney and P.O. Box 1.0.26 Key West, FL 33041.1026 l of 2 Dent Pierce, Director Public Works Division 1100 Simonton St., .Rm, 2-231 Ivey West, Florida 33040 07/05/2010 09:45 2319328573 TADL PCC PUBLIC FAX PAGE 02 5. All other terms and conditions of the a9yeement dated May 18, 2005, as amended and renewed, and rant iW011sistOnt berewith, shall remain in full force and cffoct. IN Wl'I'NC;SS WHEREOF the pasties hereto have executed this Agreement an the clay and date first written above. (SEAT..) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOP.JDA By: By; Deputy Cle,-k Mayor/Chairman (SEAL) Attest; By. _ By: WITNESS WITNESS 2 of 2 STAND UP FOR ANIMALS, INC. BY=3. 'fide: RENEWAL AGREEMENT (Operation of the Big Pine Key and Ma *hon Animal Shelters) THIS RENEWAL AGREEMENT is entered mtc this 1k day of May 2009, between Monroe County Board of County Commissioners (COU VM and Stand Up for Animals, Inc. (SUFA), (Contractor) in order to renew the agreement entered into on May 18, 2005. WHEREAS, on dune 15, 2005, the Contractor requested, and the BOCC approved, a change to a three-year conuwt, with two (2) one-year renewal terms, to provide greater long- range planning since the County is the Contractor's only dlient; and WHEREAS, it is the intent of this Renewal Agreement to allow the County to exercise its final option to renew the Agreement for an additional one+year period; now, therefore, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Section TV-REVEWAL of the agreement entered into on May 18, 2005, the agreement is hereby renewed for an additional one-year period. 2. The term of this Renewal Agreement shall be for a twelve (12) month period beginning July 1, 2009 and ending at 12:00 midnight on Junes 30, 2010. 3. in all other respects, the remaining terms of the Agreement entered into on May 18, 2005, not inconsistent herewith, shall remain if full force and effect. IN WITNESS WHEREOF, the parties have caus0d these presents to be executed in the respective names. DAIS. EKOLHAGE, CLERK Clerk Attest: M. Secretary WITNESSES: If BOARD OF COUNTY COMMISSIONERS OF 1Vi0 OE COUNTY, FLORIDA By: 'e'5 Mayor/Chairman STAND UP FOR ANIMALS, INC. By: z C nda Gottwald, Director/Pwsiden4 c J > � in o O MON OE COUNTY ATTORN � m AP ROVED AS TO FORM=--jn� n - -'-tv - Y •TIN o CHRI M. U BERT-BARRO M 'O AS ISTANT COUNTY ATTORNEY Date N�1059 � RENEWAL AGREEMENT (OPerat3mn of the Big Plse Key and Abmthon AdmW S6ettess) THIS RENEWAL AGREEMENT is ealwW into this 18TM day of June, 20M. between Monroe County Board of County Commissioners (COUNTY) and Stand Up for Animals, Inc. (SOFA), (CONTRACTOR) in order to renew the agreement entered into om May I8, 2M. WIMEAS, on May 18, 2005. the patties entered into a one-year agreement for aninW comes and shelter services: and WIiEREAS, on June 15. 2005. the Contractor requeftd, and the BOCC approved, a change to a three-year contract to provide F*90t long-range plawttnE since dle Canty is the CotMractor's only diet and WHEREAS, it is the intent of this Renewal Agreemen to albw the County to cmciee is option of mmewing the Agreement for an atlditiord one-year period; and WHEREAS. the Contractor has requested to change the hays of operation of the Big pace Key Shelter; now therefore IN CONSIVIFdtATION of the mutual proatise contained hum the patties hefty agree as follows: 1. In accordance with Section IV- RIDIEWAL of the agreampN entered into on May 18. 2M0 the agreetrremt is ha eby renewed for an additional one -yew period 2. The tem of this Renewal Agreement shall be for a twelve (12) month period Wo mimg July 1, 2008 and ending at MOD midrdgin on hoe 30. 2M. 3. Section III -SCOPE OF SERVICES subaectioa (8) HOURS OF OPERATION of the Agreearem dated May 18. 2005 shall be amended by dealing the following sentence to read: At a mimimum: the Big Pine Key Sheller d all be open to die public from 8 a.mL io 12:W p.m. Eastern Time, Tuesday through Saturday. 4. Ja all other reapers, the remaiM*g same of the AgMememt emned into on May 18. MO, am �.._ irtcoasisoent hdewitb, shell ruemain in full lrttce and affect. Attest: By: Secretary f WHEREOF. the parties have caumed drcse preaeals 10 be ew&Wd m � t o � Y V E. CLERK BOARD OF COUNTS f OF MONROE COUNTY, FLORID%-S'- D V6_ZGI�UIL��4! STAND OAP FOR ANS AIS, INC. By- ode- Cwlewald, Dirrctar/Prea�ideet -11 MONROri COUNTY ATTORNEY D A8 TO FORM: 0aaM+tnt�xr>roRwar LOBBYING AND CONFL CT OF INTERIM CI.ADSF $WORN STATZ MERr LND= ORD94ANCE NO.618-IM MONROE COUNTY, FLORMA ETMCS CLAUSE 6/wm %bFiT.d.4.C1?��U� wseeants that befit lac net ed, employruined or admwise had ad on hisf is behdf any former County officer or anployee in violation of Section 2 of Ordieseoe No.10-1990 or any County of xw or ampbyee in violation of Section 3 of Ordinance No.10-1990. For I ad orviolation of this provision the County may, is its discration, terminate this contract wridma debility and away she, in its discretion, deduct fiom the oonhact of Pwdmn prise, or odierwise mcom, the foil smooch of any fec, commission, pereentIM to or comhleradan paid to the fmw County officer or anployee,. e• a I ;m' I PERSONALLY APPEARED BEFORE ME, the andwdped vMhmity, �'1 i i d a & & wbo, afkw fast being mm, by me, affiwod mx&w siSdahtre (name of indiVWW B*mb ? in the apace provided above on this day of ari& .20� .Mt tm"t.w°wtiote~ w ardna aMssa yM ah stot NOTARY mycommission expuaa. Ft4 24r - .... OMB - MCP FORM N4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public enfily for the construction or repair of a public budding 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 condaet with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 297.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ADDENDUM THIS ADDENDUM is emamd ialo this 16te day of May. 2007. botsrom fhb Moom Comfy Boni of Caaety Commiaaio m (cotw 'Y) gad Stand Up for Aniaralk im, (swA). (t oNTRAcTOR). Wf= AS. m May It 2005. the poem tamtsed ift a owycor agmes eet for aoiaral omnd wd d wbw aetviow aad WMREAS, On hwe 15, 2005, the Cownaomr n%pwxi4 tmd the BOCC hoes mpptmIc a chance to a three' 1m c mum to puv* 8reaw i+kxd•g since die Coaaty is dro Cmbacw'a aWy digit WHEWAS, Contractor has rogw oW a CPI' of 2.5% dbclhv 7dy 1. 2007 *sun* Am Ill, 2008; a0r dwcfone IN CONSIDERATION of ft WOW ptomiars amuiwd herein, the patties b/acby op m as follovms: I. Secdon A of 81e Agr==* dated Map+ 18. 2005, d H bo a/ wmW by adding do foHa M womm: The 0000 t amomg ag[md to hems may be adjuMed &=wdly w aaoordaaoe with the peroenop cbarya io the Cetaamnar PnctdWu (CPI) ibr aH odm GmA mram KPI-M far the moat mwot 12 moudisavaii". 2. The romahima - , efdw Agmenw t oelerod May IS, 2W. not iaeawaiMeet bm wAtb6 "Mmaia in fldl force gad drect. IN WrrNIRSS WEMREM, the palm lm cauaW tbm pFo oals ID be ext cdo m that neapepive aamea. 1 . / � i' • ' t11' 1 ' I Attest DANNY L. KOLHAGE. CLERIC � a�lr � Mario Di cawnlie t:-20-07 MONROE COUNTY ATTORNEY APP WPM AS R E AWl— l%fTT011 AttM: Drde COUNTY tl i W- sandwy OR WITNESSES: STAND UP FOR ANIMAL'S, INC. ADDENDUM THIS ADDENDUM is awed into this 15th day of Juno, 2005, between the Monroe County Board of Comity Commissmm (COUNTY) and Stand Up For Animals, Inc. (SUFA). WHEREAS, on May 18, 2005, the patties entered into a one-year agreement far animal control and shelter services; and WHEREAS, Contractor has requested a damage to a three-year contract to provide greater loog- raw phnnoing am the County is the Contractor's only client; now the etbro IN CONSMIERAITON of the mutual promises contained herein, the parties hereby agree as follows. I. Section I of the agreement dated May 18, 2005,shall be amended to read: 1. TERM OF AGREE TENT: This Agreement shall be for a period of three (3) yam beginning July 1, 2005, and terminating at mingles, June 30, 2008. The County shall have the option of renewing this agreement for two additional one (1) year periods, which shall be a tercised by giving with= notica of said anevial to SUFA at lead thirty (30) days prior to the termination date. Section II of the Agreement dead May 18, 2005, shall be amended by adding the following sentence: The contract amount agreed toheein may be adjusted areaally in accordance with the percentage; change in the Consumer Price Index (CPI) lbr all utban cominser s (CPl-U) tar the moat recant 12 months available. 3. The remaining tams of the Agreement entered May 15, 2005, not inconsistent herewith, shell remain in fill force and effect. IN WITNESS WHERBOF, the parties have caused these presents to be awaited in thpir regmc&a names. o I" a BOARD OF COUNTY COMMIS r" rn OF MONROE COUNTY, FLORII a-- N o Attest: DANNY L. KO GE, CLERK 444 ��/• n s Try: =`-`� yt a Mayor Dirge M. Speller4�4p Clerk an Anent: STAND UP FOR ANIMALS, INC. By: at: wrrNESM: MONROE COUNTY COIAiTRAcr MPWN ea mdB Plw and Mama= AGMW S wbn) TM CONTRACT, is edeaed Ibis JU day of hjsL 2WS, by and between the Baud of Causty Cammissioaetis of Monroe County, Florida ((AUNTY}. and STAND UP FOR AMMAI % PIC., (CONTRACTOR). ASS. County has , ' is a mpoasRiNn under S1Me and Comely iswar, to p wAft aniseed awtnol cervices and aafaroa mw of laws rented to aalsook and WHEREAL% it his bona delmdeed dktt it is in flM bast inn sst of the ressdaab of and vIdM to the County that a osntraet whh a private provider of suck services, NOW TE RtFFORE IN CONSIDIRRATION OF the mutod peomi,es combined hmein, the pardes agree as foHowc L TERM OF AGREEMENT: This agroanm l *0 be for a twelvoe (12) s nnih period bgpieain& ijj,L 2M sad andiog at 12-,W midnight an J m,e a ZQK Titre tars of Ibis agreement andl be kemwabk in a000rdtmoe whh Sa don N. II. PAYNOW.- The told eompened on to be paid to dw Caaf edw is comider don of its services under tide Agreennaat shall be SM.5" 00 per amebic. The County shall pay the Counscow on a per eaas 6 is saeaa basis is an amount aged to 1112 oftha toW oast of the om&mct, or $ =650 per month. The Camrs000r dwU PwAdc a swodly mvnaoe an the I' day of each mods to the Division of Cemmanity Services, and pay=mut imp be made on or about the 1st day Of the fopowisg Dsaalik. In the avast do fails ate puddiy reduced or cannot be obWmd a>r ooatieaed at a bevd suftient to Am for lie pwdam a of tine services ooatampir A then the oe� may be tetedweed knowiliately at the option of the Caxsety upon wxitlak notice of lamination being delivered in pen= or by msU to the Ceanacssr. Ilse Coaaly wrap ad be oblipalnd to pay trot any services povWW by &v Contractor sane the Combacle r has received written notice of immediate tmminafion. Ifr ** - a r• sad•; A. The Cadrsdor shall paavide sp midlog, agsipm ek and mpphas neoeneay to GPMft ie Big Pins ray and 19 11 oa Animal 9heiims locsle1 ai ladwW W Dnvr, BtR Pine Ray, Fkads, sad 10550 AviMieo Boulevard, Idwiduft Florida, and provide complete mdmd canted and enforcement services fines Wls Ulmdw 16.7.(dw idsria Csaraad Bridge) -1 aa10 ids 1rladow 69 (up to MM M isala t the Cities ofh4wadkcm, XeyColomy Beach and Lgloa. 1. STAFF: The Coatractor wilt fidty 214 opamb and DaEo all taateat 16ncfiom ofthe Sb*era, as fwtbw kkadw in fife ttaiaittg arsenal io be PaPmead by Cawnwmr. amid uWaing m m d wW be iev wsd mod mpg lo - - ' by the Dhomw of Cammm ak Swvioes or bb Dior to io>pamtmgfloo. 2. COI+ DANCE WM LAW: Tba Comtadar shah 000paaie with the Moo= Cnumay HwA DepK meat and Mew dal local and stmro kvA% teWiadi mad ptocadmees, bclmdit but wot limited to F.A.C. lOD-3A91, Ptooedmrea for Catdtoa of Spad$c Com mmiamble Dieemmat and Campar 64816- 29, Aamtd C nod Shellac A 3. CARE OF ANIMALS: (a) The Catthmolotr WM reoaive and Popedy com im ala animal: fiat are brought to the Sbohm or vdd* beooma tbo tapooatmiky of do SiW&ma. All N*mb is the cog* of the CoN uftc doN mve ba ooemlatd aapply of fah waxer attd be fed a diet appropieie fa their smcia. broad, age ad pbtydad condition. (b) Tie Cao&mmr shall provide appuoptitte care for aids sad k jwW aaimob is its aatlody aid dnti obtdo the services of m vWerit mim who is lieeaaad by mod is good staadimg with the Boad of VoMrw xy Medial Exwdn rs for the Shoe of trAd& for oomakwino md/w p vhmiind ow4ka. (c) The Cookedw andl provide the pasoaod mad umftisb amommy to bumaaidy eudtmin ail animmb I (gape I for eafbum ksk by the v4wviwn at deOp m of ie Sbabrra. The pdmmy dwg to be toad for codwosia d mll be sodium padabe tML and the Caodader AM odmmi*w wgwmmOim to those wim b daaigmded for dea0c cdm is a bwamne mmam w and amdow vft state mad ootaty berm ad nowwd=L The COMMKlor's peemost , who r ,1b m aagh d win lave aI I MF ate oadfiefts at co ft to the empimyce'a atdlweity to pafmrtn eudmnosis, and avow of the oe ff mtem will be farwmiuded to the Di odw of Coammumty S, "m or bia dem rML (d) The Coubutor abed provide b mrtwmm tea ft to an adoptable dw% povide dnmmWg to sH a>d k aakno% and sulk hm a propose in pipe for flea sad tick a mboi. Comb W or AO leak hnft sotacem to ramble p mvmim of feline I=kuuia vbaa l gee aid, 4m sorb Aadio& shall pemride feline iwkamaa vim too tag far FA adoptable kittmas and sib. 4. 1NAMENANCE OF PRE A SE3: The Caohtcbr shill maintain the bohudarg brand areas, coges and anHusaaria wowr, and all equipmeat in a ciao, safe, and satdany mono r. 5. ADOPTIONS: (a) The Cealnoter sbaU morose Wmi Babies isoadatiom wiH be giaeuc to all adopted sod redeemed animas as regi ied by law: (b) The Coalracaw will psuvide an adoption aeevioe dmvob the Sbaten for the purpose of sea rmg saitabie boom for adoptable asibu . The Caaumw am ib0ow apI I - I i ID, the ash oaunpsuloo whisel b given s suitable home 0 r, m gb basic Meemag prveedwes dot cvaba se bah the animas m be released end the pettectdd adopesr in an effort to muse that the atrinss4 adopted are being pissed is kq&4)C ins hoWsm. The scaunisg ppocedmer dwH be reviewed periodico ty by the Dir aW of Caasmaoity* Services tar his de igoes sr to form and posaicolk. All adoptable mitmis will be available for ioepec ian by the public during noessd wodda hares The Cadraetor shd] ubliae the Adopdm Apvveaeat attadbd bereto as WMWF -A," udesa modified by milled and 4pied dh ative ffam the Di ads of camiritwity Services, (c) The eoo"dw shill esdbrve fire powidoos of the a� iocladhe bat no ]moiled % taking say action neoeeaay to Bane that an adopted anima) is qWW or simared peiar to rdeedstg the anientl or trmdaring ownaah9p to ib sdopaer. & IMANCR OF COUNTY LICENSES: The Ca deedw will issue ]ioeerecali&dw for dogs as mgrin, d by dho Momve Comfy Code and collect the leas esabiished by Coudy Resoligim *wefor. The CammracI r will be nspaosibic fur dcbm=bdng that sH requiecinem Mare bean sNided by ant appiiasot prior to irsaiag a Hum cestitime laid "remit aH fees thesefar to the Canty. POU1CtES AND PROCEDURN MANUAL: The Cardrwiw rhd] mainwa a Palicim sd Pmeedcaes Mss al far gsidaooe of tap oma At a addmuaa, it doff set ft* the foliowrbW I. Clods and Objectives of the O*w zadm 2_ PmkKx b for intake, cue, adoption, ndurm to owns, and other dispord oiaoiasds 3_ Pcvm000br for eesI firrg to asib for mime] eoMW services, wbedw In the nature of law mRuvsnmt, pier -up of dead sw ink, or other. Fiwocob for duly mamleawm ofpemises sod eopsaek kdoftVdicla. S. Tnimimg Staff IL pme for certain poem b. bogft saffamad 6. Training provided+ drtU include: a Shdtes Policies & Prooedums (ngoued of all atatl; inchaHog volmmeers) b Basic Fet C we a Vemcbmy Health Care d Anmel Behavior c. AtrmnJ handling £ Broad ideoti8cation & darscwd*; s g. abedimce Tulle nt fi Behavior Pealt'on Sdviag i. Com mdisg Methods J. Cceflia Mmagemeat (required Of an law aofaroeeoaae palowd) lr. (3eied'Caoaretiag L Tdaphoac Manmes and Cis k=w Service SkEb •Name a & j mart be at last in peat provided in a dawruom or sembw type setting, wkb Hve or video *wbmg. AH odhar Nambg may be =W-W dy, dtltoogh some bmmrsoa or video t b b*w recommended. Tf hft da be p vided appropriate to the podtim M W by the wadrer, whether that wro d= is w ampioyoe or a Volual : 7. Adoption Oddefimee, which ewmwwty prior jQ rd se to adaofer Odmr piddhm *A addreas, at a a ioimman: a Oomalm iom via the pmopodm adopter. b. Proepe 0m adopmes oomasI- - b be segmsn fe for povWft cam, ode a mbammemt, VeMdmy bHb for bb o(dw animal, a Animal's G posidm and do* of membees (hmm sad mimd) of the houmboid b cohmoe ss weU as poemble the probability of mccemAd plaaum%L L ROM OF OMATiON& At a a dminum: do Big Pico Awmd Shdter 9M be opem to the public 8tam 10,00 am. to 2:00 pan., Eastcm rmwa Tuesday through Sak day, sad do Marathon Animal Stellar shall be open to public from 9:00 a.m. to 5:00 pan., Em t m Tmre, Tuesday doom& Fd*, sad Am 9:00 a.ea. to 3:00 pan., Eaepan 6=6 an Saurdays sad Smdaya. Volans of operation may be a4umed only upon mmusl wf m o noW of the Cowty and the Contractor. B. ENFORCEMENT SERVICES: The Contractor will Provide complete nawm! control and eni racroc at services within the Service Area described above. incbxft but not Hadied to: 1. Training of Animal Control OlSeers: The C3estrnctor abatl provide that all animd ountrol officers Complete the maadstoty cartificallon progttsa oudmed by F.S. t12 M (40 bows of Wining amiastws Wp o ed by the Florida Animal Cbutrol Asroeda- i), said trekdog sbal be eongdd an a timely bads atler a 90-day probdWascy period The Contractor is to provide the Director of Community Service% a his desipee, with copies of the Aa3msl Camel Offieor TrsW tg lhograe► CWdfic ttea. 2. Emergency services (24 hours per drp 7-daps a weer) for Priority One calls which arc: S. injured smilush b. Bite cow person tut by any wmm-blooded C. A»in:W bites to other subuk d. Wild saimat in homey IL DsnSwo sr dog brvesdaWass; €. Mealeawhybavesdam ons; g. I.sw eaforce ment requees. I Paholling service newt on a n$ubr and ooasis art boas; 4. Picking up dop that are naming at42r11Qi S. Pid3ng up oats or raccoons captured in cat or rac000a UWK 6. Non- roargency solace pick up horn residential homes curing normd opanofmgbmm 7. Picking sip dad smim a door Coney a Chy noft o% said arcaag for proper db pmd in a000edanoe with all appliabI laws, regulations and ordioartetax S. DiVesdeg of my so m mis do am eadmeimed or thst expire addle in the cwe� aurtedy, or control of the Contractor, in eecoeelsttoe with ab Who" taws. mgabdiaos and Cndintm m 9. taw stigodttg all seports of violation of lad and dies adrmnraaa and regnWWu relating to aamW eantral and. whoa .arraeAed by the Scd, issue ei otioos andtar prosecute all prunes cisged with violation of said us+dtseao, and eaplatiens, which includes representing Moom County in cart 1. I -11 asp when 'Jill, Put wr. upon te:aaietsd of this agmeoewt, the Costradw Ann complete atl com orgmelvd by Coet<aeior iadWing rgmundag the Cmmly in coact if noes msy. 10. Complying w M all apl ik" Canty and aWkdos u well a the bows of the Shoe of Fkrids. C. FEES. The Carwador whdi WHed wad remit to the Canty AH finch that wee eoRooW for hms. *'emus cadfcam taUtioro. Pemitiasadoptioms etc. In this regasd, the Caalrmclor mall isaae uoroeiph and bap rI I oprisee reconk of all funds rooeived wad dmlt p+avido the Detour of ComaaeaiQ► Services or his dodo= with copies of dwb ash nocoa7isdon farms daily bunk deposit sohn sdon and odgWd *',ease emtiticew thst am ium on a bi-wasidy busts. All finds most be deposited into spoeoa8c Monroe County bwwk aeoosm% end all n* wts for waiwsr of my Bass or fees owed to the County most be submitted in writing on the Coenty- eppvved aSdwvit form to the Dkeaar of Community SwAcww or his dwdgnwe, said affoidave foam is attad+ed hereto wed ma*osed Esbl* "L" The Contmator shall only deep fovea as ordiiee I is Moms County Rooduliws No. 49&2000. a asase may be amended bom time to time; =W Resolution in sunclod beret, sad nradmd Esbibk "C." The Comssador shall ad cheep my other faun for wavion at the Shelters when authorized by to Canty to do so. A REPORTS. Tie Corhardor sine poovide the Diectar of Community Services ales designee vied► aipim cfwell bile roI n ' sad chdima thst are issued ona bi- wedNy bash. Camtasetor mhdl submit on a modWy buds to Director of Coommmaty Services the follovwing Mutts: (1) Adoption RgwK by wp cism & aim (naaoreRraer.utre): writb sepaw t sommtingdowing Pure breed; tetuc= sad nooss; adoption denials. (2) CowOWN Raparhh d owing numbers Inc bieew, mtimows, amity. other; dot sharing msasar seodved (tsiwphoere call. lelt� visit a atboq enreoaoter is wean of dutiosx anti the adios tmioen fat ewrh (3) Erd sev ia. by species & ate (meWrdimnwtwew), mad d wing camber wbkh wrewm feral, diseased or iuyu m& (4) Naosbwr of aaiosls tdres dos6 by species A sge (fume) wad showing numbers brought in, pkW up d redeemed. (S) County Feem oolbw4 desigudng the fees cdmded for each of the Aiwwiov licensm pick-wR int" haasdhg. adoptoa d'WNW & adhmeuia. (6) Avw np aumI , ofdays ofbow by Weds & Mee (T) ToW amber of w hob (by specks) st the shelters at be@adng of mouth ssd the total munber of msim k (by speodea) at the wheI I it the end of the mouth. E. HURRICANE OR OTHER NATURAL DMASTT:R In de event of a betties a or other notoad diesw- the Dawotrallor dog make its bent eM -, so pmp ly boson Rod me for an aoum& in this mgad. am Caitrww shill daipw st lent am (3) amp&"= who welt be We b w min in the County b aye dating the dross for dne submis which haws sat bees ovac ured and after the disc t: fir seicamb not ava mded and nay aaimb whieb urn at bugp. The Caalrador wall tsnpp(y than eaptoyew naw s, addromes and leitphaee nalsbers to Ws Cauaty Admini lissur who may, st his db aetioe, Mgdm the Caotesrw b bre the tided empbyeet mmin in fha County 4=4 Rod after a Comm 1, 2 or 3 Htuticane w neturd dLaater. F_ FM IN SFIELTFRS: t]oain*dor WOO Pa" the seevicm de Wvftd fur We Aadmd CoseroMaker C &aclw in the Pet Fiko ft Speeast N*ab Cliesb Sheiieeiog Pbm to p wAk evacum don of peb of $peciai Needs CHaws and amislance wide we of Raid peb. No pesaoe ar entity shop be ent W to ady upas the teams, or any of *an, of this Agteanaot to eaform or stbupt to eafoe►ac or suempt to eafoeae any dd4 poly clam or eaphfwent to or be sih of any senvioe or propam cowemphned brmmdw. and the Cahaty sed do Ceotrador agree that =I&w line County nor the Canaador or my s p%, oil3oar. a employee of either dwH bawl the - -1 m ity to urban cou ed or odwvAw hwic" that my p wdcdw iaavidnat or swup of "Vidusls, ea ty or , -lflea, have 0WIlmememb or I I fil usdw this Apewwo seI I and apset. iofeeor *4 or aspeesr to the meets ty in geomsl or for the purposes easiamplsted In the Agoacmm& N. RENEWAL. The Caseiy dwH bane do option to renew this apecommm x&w the that year, for two (2) additiastd merp7 ar Pain& The andst Rmwot gpwd b betels mq be w4usied saamUy in swoolaw with the pwmo4 a chop in** Coessesa Prue w a (CPI) for adl tuber ooawnset:s (CPI for file mat rroe+et 12 mostin svdbnbla. V. CONTRACTOR'S LICHNSM The Canbadar dwU seances, nu3olsin sad psy ail appliCabk fees for say I ", and Hoemes neoessay to cl, it, the Sbe hem By *pow banes, the Cant edur warrants that it is aedwind by bew to eogspe In lbe pafaano of the adivitles bein downbed, subject to do ism and eaoditiow sst forth is dress cadeset dccama ts. Proof atuteh lioeares and app wnb shill be wburiued to the County upon request, 'lice CaWrMw bus, and slap maeotsia throu&WA We term of Wis canttsd, apptnI It lioeasea Rod approvah regsim I to conduct its bmineae, and that it wip st all tious aatubtct ib business a ctivitia in a nvuesbk ananater. At all Lima and for dl pwposM due Canwow, its *Sacs and ampioyees ate sttisyly oasdde ed to b* iodepe WM ooettsdors is Weir perkmanoe of lira wodc amb opided beeeuoder. As sock doe Coatnaeso . ba agsMs asd a*pioy, sb*S sot be eadtbnd to my of We beaepts, tights or pdvilegts of County amplaysm The pro Ww shill at ad1 times arnacise mdepssdmk PhAnimml Judgment and slap aasame psassiood t+ogxm ibflky for the services to be provided. VIL STAFFING: Sittoe dhiS caotruct is a sarviee NGMM tact. stadia$ is of PaasoaMMI iaoparnuod Capllacaot AM provide setviaaa udog the following sbnhtds, as a subdam modrapeft A. The Ca om for ddd p+ovide at ib omm eapeose A ueoeasac3 pa mend to pvvwdw savioea under this combact. The persaran A shall no be employees of or blest my conescdui mbdooshap with the County. B. AN pm mod wSWW is Paforatiag =mom andm die aaatersat"be folly qudified, and, if regsiaed, to be madtoriaed or permitted under Stale mod local law to park m such aarvioas. VUL UtUMM: Tie Commma r AM be seapoaaibie for payaaaat of sin uNky cUsrdes for tits Sb lsom Ad utility a000tam wM be bell in the CamracWs Bane. DL VEHICLES: The Comely baeby lades to dw Centractor two (2) County valnicks aoelsdy swiped to the sheloas idauffied a knows. 1.1"S Fad FI30 Fick Up Tint (Unit 0910IA61). 2. 2004 Ford FM Haitw Th" (Unit 0910Wk, Mw Cameclor dwH be n+arpama'ble for paymaat of ell AA oil, and ather soppiies neeestary to apaaee dw veMclas. in addition, the Camnedw dmU be reapom bk for repsira to said vdidet and shed mdohlin them in aooaadrrtoe whb dw maiwmaeme srbadede attadnod baeto o li�iliit"Dl" The Caninaetar abet! provide an aveeep of folr (4) oil cbmw mmuMly for wall vebide, and daN acbednle vd kk iospactions wi& Mornoe Cagy Fbm* Mamgam ul no ka than throe times aamrdly for tech vehicle. Tile C afteclor may choose the option of paying Fleet Ahmag meat for ed dumps and psvamtivt mabdanence, at Fleet's aQest maid ram. or volbe private 8 g, ad pwvide ne v cip to the Meow of Commmeby Serviora or bin dea mm to doc mmt and verify that the mgaited minteornoe bas beam performed. Nothing ltatie shall pr+ovea to Canty Gam hmpccft the vehicles at any masooable tbm The Caobeclor eovaasob and sgleea b udnma V sad hold bum b= Momoe Canty Beard of County Com mbdaoas end the County Count of Morena County boss any and dl dWm for bodily isjnay (bw4a eg deaft pmscau{ mjwy Bed pop" damage C 11-6 property owned by Nkam Cotmty) and my alter lomm damages, end aP� Cog attaruey�s flea} wdtiai arise set ot; m apmoetim with. or by mason► of o rviaas provided by the Canhador at any of rib Sabcoabwfor(s) in say tie, oo'Min t-Mel by dW oeOanM woes. a ashen INIMC "d ant of common of den CoslnsGat or its Suboaatracam in my tier, their amployaes, or @pm The axonal of lirbft is in so way I maAd eo, mdacs4 or lessened by the imnrtsace I I - -- . ooadleed WAm this sgtsama L Prior 10 osmmeeicing smica under ibis spiemest, the coaMscsn shall fmisb the Owner Cadfk"m of huwmm as ierfie#tad on *an mulled Ocand bmintesne Roqub ae- for Animd Cadtd Caakmft Aoimd F,AOr E, OI.Aoim k VLl, VC], AliAli ' & Proparty bsaseeae sod TCs, m sttsched heseto end kompm ded #a is Man= V4 The Camradw Shari imm mosipb sad beep sI i , tsoar I of ali domdom rensivsd st the Shohms by Cooteaotor. Send doodle me shall be used by Coat w*r only for the bmc& of she bw mmab or ateianals for wneich Cantradw p vAdas spsryhaneler or other services, and *All not be lead to deft or tsdetoe County fiat is the fatale. In the are of doaMioos asfi ailed by d&d pattim an bdedf of the Camftw*w, the dasdinR entity mat make its Sasmttial isen do party to the doodad fads svtddbk to enpreseotdives of the Cosdradar sad the Coestly den ft t pdw bot s= hoses (bioaft thsoaab Friday, 9:00 s.m. so 3:00 pm, mmkiding bolidrya) in alder to itbd an amin eoilerled as behdf of die Coatrscim miens = smou t ma to mend PA of de told collected hr aoleniit OM atpet>sa, ere is fad dooded to the Canitactor for the beset of defiler m mak If a p m adLy is umwoft or vn&b to r, then tba Caotrador may not aooapt my oost om from XIL FACILfM AND FQUIPbGM: rie Caotraclor baeby a awn the shAw hordw end equipment a "a is" cooddw sod the Cominictor shill dlow the County to bWa said 5scifitiea mud ageaprtast at aqy vmeoasbia times In adeBlim all spera b supplies and my 4ddhioaai squipme t sash as aeklil sd" cedes and the So dmR be tree tmproeeibility ofthe Coatm *w. XM. iN ENTORY. Prior to aoammeaonapat of the service coommiphibid hmim6 the County dhail I , fe , in WVemory ofan snpplis% mstaisk medidoes and agoiprsetn i nt amb Shelter sod the invendaty fists l -r -�ed doefimm dmU be sued by both pwfm hweb. XN. CONTRACTOR'S ASSLAW TION OF PRE AND CONDMOM: Mw Ccaftacsor beaky vrea 69 he lies cses ift moiatlned den prm m provabd by the County sod the &said fa which he shall peovxk set vnw sod ha made inv ens to filly ad* to such die(s) is (one) aonsct and a t hk for tbls work and he wswaoes firli ees weabeility dwdw Tim peovoloas of do C=vwot shall -omsr0i MY moo prtrvitdoas Doe I ins I in de SPWAuMi M Ail sped ico im have ben read and cereNly coaddered by rise Caolewo w, who undensemda me saua sad ig ,s to their sufaiency AN We w0ek to be done. Under so chawasa-Der, coaMocn, or sii Adoos dvA this Combat be mane scram* ooas and spirt the Own brat apimt the Cootracfor. XV. MATNIWANCE: The Contender shall wsinmin mad be sespsoeibie for do costs 4 upwin M tba Steller bdldimp, gd- and egoipmest is odw to beep rime in p "a wasldsg-oaf-a. Prior to axwo moemeat of mI ira, tiro Ca■Ry saws be ratifiedin writin& of hies emthnwed to coat over $1,00000. If such mpsks are approved by the County. dw Camaacsor doll pay thr faint it M.00 ofcost repediees of ffie salmi -oa of aril eaI irs. XVI. iMPibOVF.NMNTS OR MOMICATiONS TO FACILi'M: 140 impevemeats or modi6cmdow Wray be made to the ShehCM wppiwteWWO16 ar aesrana I g pe0pwfm wiflforet the prior wrlgm gVwovd Oren County. XVII. FUNDRAMe. The Carrra*z may use the Shchm for firedw img ar for @@Bing mardwadise albs its reams have been reviewed and mpptored by tier Dkegmr of Coemnudty Seivioea or hit deaipee Ra pels for eveoft OW be iegtrewed by the Cawnwor is wrWmg and approved by the Coutdy Admini *aw it write, Fonds rwised by the Coomclar from fired og at eva is at the Shebw"only be uswd to bene£s the shebw mobols or awn is for whieh Com bsotar pravidm apay/weser or other w vkmm, and sbdl not be used to dcfiW or reduce Cowry femdie;g in the Mum XVM. NON-DISCROMA77ON: Canty wad Coubsebr apta tans shoe will be m d I iorsiaa srAm any pbeson, wad it is cgwessly undenlood that upon a ddenniwuioo by a coat of omagw1 t juriedidime that diswamm ion hes oaxm d, tins Agreewew autousbcdly avah men without may furdmr totter on the poet of nay party, effective the dose of the -Dare order. County or CMUNO r agree to aaeVly wilb all Federal and Florida SWAM wad all bocd 01diwswom, as gVHcsW mbdiag to noaiiaaI iruar Than i dW& but are mt limited to: 1) Trade VI of the Civil Right Act of 1964 (PL W352) w" pubibia 8eeaimute0-a an the basis of nm. eater or nidned aft* 2) Tnie 1X of fire Eduoudw Ameacteaw of 1972, w ameoded (20 USC ss. 1691-I6iK3, and I MS-iW), w & prohibits disaimdawiori, on the bests of sac; 3) Sec ion $04 of too Ramon Act of 1973, as mended (20 USC & 794). %tiob prdbibib duaiminsdom on do bats of benclagm 4) Tba Age Dbahviowlan Act of 1975, as smeaded (42 USC mL 6101- 6107) whM pobbin diaaimiomfioa an dw basis of ape; S) The Drug Abuse Offim awd Tumbaaos Act of 1972 (PL 92 255), ww wmended, mb&g to madisaimiarRioa an the basis of drug obaw 6) 710 Caere l vre Aioobnl Abewe and AioabAm Fmva0d0n6 Teeatmatt and R*AMWIM Act of 1970 (PL 91.616), a<amended, r lift to nonddfsor- mian the beaus of alcobd abase at alcoholism;; The 1`abiic Hadlh Sasvice Act of 1912. es. $23 and 527 (42 USC es. 690dd-3 and 290ce-3). se maded, r dies to cuna&mWky of alcohol and drug dace plait mooedr. ij Tide Vitt of the CM Rigbb Act of 190 (42 USC s. et aeq.), as U900 ed, mlatbeg tin aoadiaalmhtatfm in the sak raw or lino ft of bossing; 9) The Ame kWs wigs Dirbditim Ad of I990 (42 USC s 1201 Nob), ae maybe aomukd from time to time, mbiwg to mnd mbninsdm an the basis of disabr'M' . 10) Ykave County Code Ck B. AR VI, ptOW"biift 49wriminsfia as the bocce of race, color, ses, m8gxft disab lhy. nolood arigaio. a metary. and ar mame, 6aodw Wo ulky or eugwmia b"W own or sM and 11) amy adw aeadisraiotiartioa peovisdoaa in my Fedad or aft amuses which may apply m the pastics tN or the abject mattes at tbls AVeemeat. ML 1N9PECTION OF DOORS AND FACQ.PIMAUDITIACCOWf N& The C.aat sdw"moioWN the froaactd seootrls in aocarI I , I with geawsiiy aooepted a0mae og priaapko, and spoor rho Canty b roared ib boob and su000eeis and the dobw be affin at say isaaaable boon in sdNdmry the Caabacew dak at ib capeaae, provide On County wi& as asmeul audst peepaed by m is I 1 1,nt CaMed Pabtic AooOumta -- Caobacoor ebdl retain all mcmsds paoinbq to din agteeuent lbr a paw of tires: yews aRerum eapi o I XX. . PUBLIC RECORDS: The Caebactor" comply with the Pahlic Recoils taws of the Stale of Floeida, aged to My peavistoa providbug ezeoWfM fscm diad0arae. )= MEDICAL RESEARCH: In no oval abaft my mlmals under due are, caslody, at mwol of the CaninmA r be given, bartee 1 or sold to any nu dw madmcb coanpaoy. XXE L CATAtACCOON TRAPS: The County hereby kaaea ib atha000m papa to tie Cantradar for the CaavMw b sent to the pdn6c Won payment of a deposit fee. All deposk fern coHocftd by Contractor sbsll be mtexaed ID the smlm apoa meam of eke tags or, if the bap is mat ret =W to Cattr*Ow, the deposit lee will be mlaned by the Contractor in order to pa low seplaoeneat traps. At do end of Ws apem at. the Coabooeor wit! do teas � Comwow � at the be�aoiog of is own ca and recooaa tarps. )DM BREACH OF TERMS BY CONTRACTOR: - Time tag. opp, - i, ao Mw aooq* mee by ft Owmr of my defect in the servim Unkbod by the Cmtacoor, shill not operate as a watvar by the Coamty of strict aoaI heoce with the lotus of this CookmM mod speaiilatiorts comieg the sarvias. County may smosaftody temx mp the Agm mtmt doe to my violsom by Conarmw of cat spmm eovwmg boeomme and and to oomi of sumuls. Any other Comdrsclam breach of this spas h m shall be pvermed by the article above on tormimdm far crone. The Coeuscim sposs that the Carob► Admthhimmor my de igmem reImmanirdves to visit dw 8rcffity(ies) periodically to inspect Comdraews mairrahmaoe of tht pmasbm and cats provided to m boab. Tier Comtiacs or agrees that the Comity Admmh swm may deignste repreaewutadvea to visit the LcllAy(ies) padodicafly 10 omduct tsndom epee 5k evaiustiooa dutieg do Coofto or's normal busrimws hats. XXIV. TERMINATION wrnKKTf CAUSE: Tit Counq may u miomoe this sgrarmemt widboat caste by pro ndog the Comteaeior widk written nodoo of termimdam at km scety (60) days prier to fire dome of fermi wdm XXV. TERi4IINA71ON WITH CAUSE: Tit Cos * may temmwmte this apeeahrd for emu if the Caapatdw andl defsshit in the pet of any of its obligrmioaa modes this mpeement. Dedsmh shall irmbile the ooeu I F p P ofmy one ofthe fiAlenvimg evem mod smmse is mot a mected %D the amda6tdao Ionia County within Sheen (Map aft the Comity prvvww tte Cambscmr wits wettem motim ofamid dehW : s. Faibm to provide food or water for m bnols in the eoatody of Conoracox. b. FaRmee to procm oppropriae vourimmry came for my nick or mjvn d animal, m the Custody of the Cmtsacow. e. RaRm to admsWom eud mmmia sm a hmmmme manger. d Fauns do maintain the Shifters in a clean, safe and amobary roamer. e. Breach of my other tea, Condition at tmquiremeat of this agrecumu . XXVI. ASSX3rA1dlW: Tie Camtromr sidl mot as ip or mAomWrad its oblipdomm seder ins ageeemkoM s:ccept in wntimg and with the pier written app vvol of the Board of Co mty Camssiseion - s of Moles Cons4y mmd Camstacter, which appsovd dad be wiijeet to soch aoomdonm mad provldoem a tie Rasa may daeem ntomemery. Jim pmerBraph sbdl be pa p I by tc%seloe sub any atsgomemt or amboomYaet mod I" ssilpm or aaboom4ae kW dWI as %ft W& all of dro p oviaoos of this erg ehmsah. Uikbm = ru* provided for Hereim sudh app and abdl m no masmer or event be deemed to napose any s6lldomml oblipdm npom the bawd ]ONE COl► PLMNCE WrM LAW: In povAng A swvjcalgoods poesmot to dris sp oe m=4 the Contractor ,ball abbe by A stsuriea, aloes, cola ad wpledons paI I I to, or mplotiag dre povidom at; stwb services, mdedbg drone now a eBsat sod 6aamo&t siioptsd. Any violation of Slid MOO=, mdbmmes, Ida mad rrBtdasieas ahaii eooa ftft a mslerial broach of this apeaomt sod doll andde do Board to Mxarivals this comma imnda+ddy epos ddivay of wdloar notice of taaorioati I m the c m r - n lire conlractov dmll pouaa popes lioeases 10 parGarro weak io s000edarwp wilt these gwdfvs icros d wov&bwA the term of dds oosteatx XXYQI. DISCLOSURE AND CONFLICT OF IIJTERE.4T: A. Tao Coub "capraaarrts drat it, its dhecwrs, prirr3piee mod esq* yeea, preseierly base rp iarta+est and shall aogoire ss iaatawst, eidttsr dira;t ar iadiiect, TAirb wculd coofliOt is mmy mama with the prsfmmeooe of aecvioes uleplilby dda coatraa, as provided in Som 112311, eL seq., Flodds Stam L B. Upon axwedon of this castrs - =ddwe@ftwcbmqwnmtympimtbe Ceortaolor shall notify dw Comb► army frm=W it iww it sesy hems in say and an ooatYads WM Monroe County. XXIX. FINANCIAL RESPONSIBIi XrY: The Cashaclar shah sot Ph4p 60 Cauws credit ar asake it a praraslor of psywaot or smmdty for any ooatlacd. debt, obff&m6 . jodgmeat, lim or my Gotm of h ddbtsdsess. Tire C.oarracaar tivther warrsots sod IrRra ms mat h has no oblip"M at iadebiedoea that wouM imp* its obBi y to fbM the teeprs oftbia ooalrac:r XXX. NOTICE RBQUMEMENT: Awy notice i **W or pandued uardw die apeemert sbsii be in wdft and hood delivered or mailed, Postage pepaid, so the abler party by eerdW w4 cetu ry ed stnoipt mpe@04 tin the fo1MwbW FOR COUNTY: Momaa Canty Adasiad4' w god C000ty Atloraey 1100 Simomon Suva PO Boat 1026 Kay West. FL 33040 Kay Was, FL 33041-1026 and immon L Mallocb, DMOW Mooroa County Caarmsky Sauvices Dlvidw 1100 Simados SOeet. Rm. 2-256 Kay War, FL 33040 FUR CON7RACTOR Liods tiott9raK Dhadw Start Up for Aniomds, be, IOSSOAvW=&W,- rd Nihon, FL 33050 XXXI. TAXES: Ths County is ahempt from payment of Fonds SWe Saks and Use Vain The Caeftwor " no be atempied 6y valve of do C,otstty's acetnptioa hues Ming asks fait to its supplies $r am isdale weed b fha= its obiiptians Imder ilia conouk sor is the Coolracior audmwlnd to m floe Cea Ws Tess Bumpdos Nwsber in aecxsnsg each mocriNs. The Conumew doU be reapenribis for any and aU tow or payma is of opflikimWing nbftd to services haadae I under this gPmne+ht. XXXII. GOVERNM LAWS: This Agremhmht is gnernad by the Ion of the State of Fiarida. Veins for any liti@Wm wh ing under this Apaousest mint be in Moom County, Florida. In the eves of any Hdpdon, the pavaiffog poly is now to atmmer's floes aid cost:. 30=. PUBLIC BN7 TY CRDAE STMEMOU: A prawn at mffdn to who has bees placed to *a cosvicsed wader Nit foUmft a oosAcdon for pobRc aslity crime may not sdbmit a bid on a ooaltact to povide,00ds sr service to a public ruby, may not snbanit a bid as a conmed with a public entity for eooswucdos or repsk of a public bWWin or poWic wad6 may not inbuilt bids an Ioasea of rest paspeety to psbiie aray, may act be aaasrde . or parI +tad; as s eod ecler, supplies, sobcoubsRor, or room mt under a casfraot wilt aay phnblie eoft and may eat trahanct bowman with any pobk amity in asoess of the threshold amormt provided in Sectkm 287.017, F.S. for C.ATWMY TWO for a period of 36 smooths Sham the date of b ft pbnoed an the eanvicled vi sdor list. (CATEOORY TWO: MOOM0 XXXIV. AUIHORMW SIGNATORY: The Apstmy for the Costractor, below, cerNes and watmn is that: (a) iu Caahacmes, same is this apeestes t is its fdl same as designated in its COFPOCM is -I (b) He or sire is empowered to act aid eootract for Cooceaetotr. (c) 'Obis agteemant has been approved by dw CostemeWs Bond of Direetora. Foofber, C musesetr dWL Was emeoalias of this sWaimmiC povide pouf of iscarpo sdon and a Net of its Bawd of Dfieaelahs. TUB SWOMRS 00016 MOs the mdm aawwnled I - I -em law County and do Couftwicr for the =vim coed bmim Any mwm&nwb or rtvif*m to tais areamw mW be in iAWft and be mocubd in lbw a mam at *a gpeowm 1 '� law pwdu' - bam mocold dds Ar ecu mt CO today day vAJW Q above bl fm (4) 00uliftpa1ta, each of TiMcb dmL v4d ow proof a[ Ltbe adw wua pm ft be deemed an otgidd , - i ct `f i i � •i ,Jb ! II (a,L) STAND UP FM AN&I" W. AMW sY By:. u' w�I.P A►nwm S. [/. 72 WT[Nm MONROE COUNTY ATTQRN PROVED AS T Uuw,h A 3 a �CkM; - �! 4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21,2010 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person/Phone # .- Bob Stone 797-145 8 AGENDA ITEM WORDING: Approval of Task Order PW-MAC-00 I with 111VIACTEC Engineering and Consulting, Inc. for providing facility asset management products and services to assist Public Works with implementation of an engineering -based, IT -enabled facility asset management program. ITEM BACKGROUND: MACTEC Engineering and Consulting, Inc. ranked second out of forty- four responses for the Continuing Engineering Contracts for On Call Professional Engineering Services. After review, they were chosen as the first qualified firm, based on services listed in the respondents' Statement of Qualifications. There is sufficient funding within the FY10 adopted budget for this project. PREVIOUS RELEVANT BOCC ACTION: On February 17, 2010, the Board of County Commissioners approved the contract with MACTEC Engineering and Consulting, Inc. for On Call Professional Engineering Services. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: In order to support open accounting for the value of the investment in facilities and stewardship of that investment along with providing an auditable facility asset management program of which is projected to realize savings of total ownership costs over the life cycle of the facilities, staff recommends approval of this project. TOTAL COST: $88,896 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $88,896 SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year ' APPROVED BY: County AttyL` OMB/Purchasing Risk Management, DOCUMENTATION: Included Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MEMORANDUM DATE: JUNE 8, 2010 TO: DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR FROM: BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR RE: TASK ORDER PW-MAC-001 On February 17, 2010, the MCBOCC approved the contract with MACTEC Engineering and Consulting, Inc. for On Call Professional Engineering Services. After review, MACTEC was determined to be the first qualified firm to provide facility asset management products and services. This determination was based on services listed in the respondents' Statement of Qualifications. The County has approximately one million square feet of facility assets. For proper stewardship of these assets, it is commonly estimated that four percent of the replacement value should be invested annually. If estimated at three hundred dollars per square foot, this puts the County in the neighborhood of twelve million dollars per year. The total allocation for Facilities and Corrections is half of this amount, let alone the maintenance and repair budgets. We need to squeeze as much as possible out of every dollar that is allocated. This is where a facility asset management program can play a major role. The requested services and products will provide Public Works the ability to establish and maintain a fact -based, standardized facility asset management program of which shall include Vertex software; office staff training for data entry, analysis and reporting; along with field staff training while conducting Facility Condition Assessments. Highlights of this program include the following: ➢ Provides a Condition Index for County facilities and their sub - elements that is objective, repeatable and defendable, providing a consistent and auditable basis for investment analysis. ➢ Provides for proactive long-term solutions verses reactive, short- term responses. Assets will be scheduled for maintenance and/or replacement proactively, based on return on investment analysis, building/component mission criticality and other strategic business and financial planning metrics. MEMORANDUM ➢ Establishes a project's Return On Investment and determines when it is more beneficial to replace verses throwing good money after bad. ➢ Determines when repairs will extend the service life of an asset thereby increasing the Return On Investment. ➢ Maintains a current asset inventory. ➢ Predicts asset deterioration and resulting condition metric over any time horizon. ➢ Projecting optimized capital funding requirements resulting in deferred capital costs while maintaining desired asset reliability. ➢ Provides impact analysis of budget verses facility condition index ➢ Quantifies the cost of deferred maintenance and replacement ➢ Tracks actual maintenance, repair, replacement actions and costs for refining ongoing financial and operational forecasting. ➢ Initial coordination with Technical Services in hosting the software on County's IT infrastructure provides for an avoided cost of $6,000 per year. ➢ By training our own people, we become more self-sufficient in the implementation and long-term sustainability of this program. Facility Asset Management is a systematic process of planning and executing the maintenance, repair and replacement of facility assets cost-effectively. It combines engineering principles with sound financial management practices and relies on modern information technology tools to facilitate an organized, logical approach to decision -making. Your positive consideration will be appreciated. Please let me know if there are any questions or more information is desired. 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MACTEC Engineering Task Order # PW-MAC-001 and Consulting, Inc. Effective Date: July 21, 2010 Expiration Date: Final Payment Contract Purpose/Description: Task Order # PW-MAC-001 for providing facility asset management products and services Contract Manager: Bob Stone 6077/3995 Facilities - 9 or 16 (Name) (Ext.) (Department/Stop #) for BOCC meeting on July 21, 2010 Agenda Deadline: July 6, 2010 CONTRACT COSTS Total Dollar Value of Task Order: $ 88,896 Current Year Portion: $ 69,000 Budgeted? Yes® No ❑ Account Codes: 001- 20501-530340- Grant: $ N/A - - - - County Match: $ N/A - - - - Estimated Ongoing Costs: $4,000/yr (Not included in dollar value above) ADDITIONAL COSTS For: Software Maintenance etc. CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director P LI`l I +% Yes❑ No❑ ' ' Risk Manage ent '.fir Yes❑ NOD, O.M.B./Purks ng '%�, i `1' Yes❑ No i i County Attorney Yes❑ No�& Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY CONTRACT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES TASK ORDER NUMBER PW-MAC-001 This Task Order made and entered into this 21 day of July, 2010, by and between Monroe COUNTY hereinafter referred to as the "COUNTY", through the Monroe COUNTY Board of COUNTY Commissioners (BOCC), the Owner and MACTEC Engineering and Consulting, Inc., hereinafter referred to as "CONSULTANT", is predicated upon the Contract for On Call Professional Engineering Services made and entered into the 171n day of February, 2010 by and between the COUNTY and CONSULTANT. All the terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to this Task Order, unless changed by completion of the following contract paragraphs. Any additions/deletions/changes to those contract requirements, as identified as such, override the contract requirement, which is permitted by the contact language. Contract Para. No. Change. Title and Description 2.1.1 Add Para. 2.1.1.E.1, Scope of Services 2.1.1.E.1 Scope of Services CONSULTANT will furnish the personnel, services, equipment, materials, and other requirements necessary for providing facility asset management products and services to enable the COUNTY to begin to implement an engineering -based IT -enabled facility asset management program. The scope of services to be provided under this task order is described below. 1.1 Project Kick Off Meeting Following CONSULTANT receipt of contract documents authorizing the work, CONSULTANT will coordinate with the COUNTY to schedule and conduct a kick- off meeting with key COUNTY staff and two CONSULTANT staff assigned to this project. The purpose of the meeting will be to confirm that both the CONSULTANT project team and the COUNTY clearly understand the scope and schedule to perform the work, project constraints, project risks, and that the COUNTY's expectations of the results of the work are aligned with Task Order PW-MAC-001 1 CONSULTANT's understanding of its performance requirements. CONSULTANT will prepare and distribute meeting minutes via e-mail. The meeting is estimated to last approximately one half day and is to be held at the Marathon Government Center in Marathon. During the kick-off meeting, the following will also be accomplished: • Introduce members of CONSULTANT project team to key COUNTY staff • Identify the primary Point of Contact for both CONSULTANT and the COUNTY • Establish the desired chain of communication • Determine site access restrictions and escort/security requirements • Identify known schedule constraints • Discuss safety issues • Verify invoicing schedule and format 1.2 Vertex License CONSULTANT will provide the COUNTY with an enterprise license of Vertex. The license shall be limited for use by unlimited concurrent COUNTY users or its approved vendors, for the management of data associated with buildings owned by the COUNTY that total no more than 1.0 million square feet of gross building area. In the future, should the COUNTY desire to extend the limitation of its Vertex license to be able to manage data for more than 1 million square feet of its buildings, then additional license fees would be required. The Vertex Software End -User License Agreement is made part of, and is provided as Attachment "A" to, this Task Order. 1.3 Software Maintenance Vertex maintenance services are provided under a Software Maintenance Support Agreement. Software maintenance entitles the COUNTY to receive Vertex product upgrades as they are commercially released. Product upgrades include software corrections and product functional enhancements, which may include ease -of -use, functionality and/or technology advancements. The Software Maintenance Support Agreement also provides client access to CONSULTANT'S Help Desk. The Software Maintenance Support Agreement is made part of, and is included as Attachment "B" to, this task order. Task Order PW-MAC-001 2 1.4 Software Installation Support COUNTY will host Vertex within its own IT infrastructure. One of CONSULTANT's Senior Software Engineers will provide consulting assistance via telephone and internet to assist COUNTY staff in installing and configuring Vertex on the COUNTY's IT infrastructure. Prior to the installation, CONSULTANT will consult with COUNTY staff and make recommendations on server configuration, memory and data storage sizing, and communications settings to properly install Vertex in the COUNTY's environment. Fees for the installation support will be charged on a time and materials basis. For budget planning purposes, CONSULTANT has estimated that software installation support should require no more than 8 hours of CONSULTANT's support. Software installation support does not include any site visits to the COUNTY's IT operations or travel expenses. 1.5 Start -Up Vertex Software Training Training will be provided for Vertex users primarily involved in data entry and "super users" involved in data analysis, interpretation and reporting. CONSULTANT will provide one (1) day of data entry training and two (2) days of data management and analysis training. Training will be conducted for no more than 10 individuals at one time. The COUNTY will be responsible for providing sufficient computer equipment, Internet access and training facilities. The training shall be conducted at the Marathon Government Center in Marathon, Florida. Workbooks and user guides shall be provided on the first day of this training. 1.6 Data Collection Training Selected COUNTY on -site maintenance staff shall be trained on how to collect data to support the Vertex data management methodology. Consultant approach to training COUNTY staff in collecting data for input into Vertex includes a combination of classroom instruction combined with on-the-job field training. CONSULTANT will conduct data collection training in a classroom setting for one day, immediately prior to mobilizing to the field to begin the Facility Condition Task Order PW-MAC-001 3 Assessment. In the classroom setting, training is to be focused on data collection methods, data recording, and a review of the defects and distresses defined for condition assessments. Individual training manuals, defect catalogs and field forms will be provided on the first day of training. The remaining days on site will include "on-the-job- training", putting classroom training to practice. Based on the limited number of facilities included in the FCA scope, and budget constraints, CONSULTANT will provide at least two CONSULTANT staff to perform the onsite inventory and condition assessment work. CONSULTANT understands that the COUNTY will assign two members of its maintenance staff from each of the three Keys Areas (upper, middle, and lower), plus two staff involved with COUNTY corrections facilities, plus two management staff for a total of ten (10) individuals to work with CONSULTANT's assessors during the course of the project. COUNTY trainees will observe CONSULTANT's fieldwork, and may directly participate in documenting the asset inventory and condition assessment, working with CONSULTANT staff in a "team" effort. 1.7 Facility Condition Assessment CONSULTANT will inventory and quantify readily accessible facility sub -elements that comprise the as -built construction of selected facility sub -elements at each facility included in the work scope and will visually assess the inventoried assets to derive a Condition Index (CI) and estimated Remaining Service Life (RSL). Table 1 lists the buildings included in the Scope of Work. Data collected will be populated into and evaluated, using Vertex®; a commercially available software program based on Engineered Management System (EMS) principles. Area lKey lAddress IBuilding Name I Floors I Area SF Lower Key West 500 Whitehead Street Courthouse -Key West 2 28,592 Lower Key West 5501 College Road, Stock Island Detention Center Monroe County 3 183,500 Lower Key West 1100 Simonton St Gato Building 2 37,701 Lower Key West 1200 Truman Avenue Haney Government Center 2 25,500 Lower Key West Not Provided Freeman Justice Center 3 71,459 Middle Marathon 2798 Overseas Highway Marathon Government Center/EOC 2 21,568 Upper Key Largo 102050 Overseas Highway M. E. Nelson Government & Cultural Center 2 32,000 Upper Tavernier 50 High Point Road Roth Building 1 38,829 Total Building Area (GSF) 439,149 Table 1— Buildings Included in the FCA Scope Task Order PW-MAC-001 4 Consultant services will include a review of the construction documents that are readily available on site or provided in advance of Consultant site visits, and discussions with individuals knowledgeable regarding the construction and maintenance history of the facilities. Consultant findings will be described in a brief narrative report with back-up data produced from Vertex. A 5-year Maintenance, Repair and Replacement (MR&R) budget estimate will be provided as part of the report. The report will identify recommended actions for each building sub -element included in the survey along with estimated costs to carry out the action. The following summarizes the scope of services, and the assumptions used in developing the fee and schedule for conducting the Facility Condition Assessment. 1.7.1 Background Data Review Prior to beginning the field data collection efforts, CONSULTANT will review relevant background information regarding the project. Information that is useful in describing the facility asset history typically includes, but may not be limited to: ■ Building plans and specifications ■ Asset physical data (area, construction phases, type, age, etc.) ■ Current warranty information ■ Major repair, replacement or retrofit project data ■ Reports of previous facility investigations ■ Data regarding recent costs for asset replacements ■ Current facility problems or concerns ■ Known defects in facility components (roof leaks, replacement schedule, etc.) ■ Current -year planned maintenance projects Readily available existing data shall be provided to Consultant for review as soon as possible after the project begins, and before CONSULTANT begins the field portion of the work. Data that is available in electronic format shall be provided to the CONSULTANT prior to mobilization. To minimize delays while on site, documentation that is only available in hard copy shall be gathered together and made available for Consultant review immediately after Consultant mobilization Task Order PW-MAC-001 5 to the site. CONSULTANT shall be able to retain such documents until the completion of the project or have copies of relevant documents made available for Consultant use. 1.7.2 Inventory of Building Sub -Elements For the buildings included in the FCA scope, document reviews will be followed by "walk-throughs" of the property by CONSULTANT assessors and COUNTY assessor- trainees. The FCA will be limited to the inventory of building sub - elements which are grouped in the Uniformat II Group Elements and Sub - Elements listed below. B20 - EXTERIOR ENCLOSURE This system consists of the exterior facing of the facility, which includes vertical and horizontal exterior closure such as exterior walls, exterior windows, and exterior doors. CONSULTANT will include any loading docks, which make up the exterior wall system. Loading Docks will be included as part of UNIFORMAT II Category E-1030. l_3:11MRili7d1 NIel This system includes roof coverings and insulation, expansion joints, together with skylights, hatches, ventilators, and required trim. C30 - INTERIOR FINISHES This system includes wall finishes, floor finishes, and ceiling finishes. D10 - CONVEYING This system includes elevators, escalators, conveyors, chutes, and other conveying equipment. D20 - PLUMBING This system includes plumbing fixtures, domestic water distribution, water supply, sanitary wastes systems, rain water drainage systems and other special piping systems and equipment within the building. Task Order PW-MAC-001 6 D30 - HVAC This system includes equipment, distribution systems, and energy supply systems required by the heating, ventilating, and air conditioning systems. This system includes standard and special fire protection systems. D50 - ELECTRICAL This system provides for electrical devices that are required to deliver the main source of power to the facility and to distribute this power to sub panels and includes lighting systems including light fixtures and devices. The FCA specifically excludes the inventory or assessment of building sub - elements, which are grouped in the Uniformat II categories of A10 Foundations, A20 Basements, B10 Superstructure, C10 Interior Construction, and C20 Stairs. These sub -elements are excluded because they either do not exist in the buildings included in the scope (i.e. Basements), or they are not accessible for visual observation without destructive techniques. The condition index of the sub -elements in these categories typically follow their design life curve based on the asset age, and as such, these sub -elements rarely contribute to deferred maintenance costs for a facility. If, during on -site work CONSULTANT observes significant and obvious indications of distress to sub —elements in these categories, CONSULTANT will notify the COUNTY of Consultant observations. Because Consultant assessment does not include testing, and based on the limitations of assessing the "condition" of sub -elements that include electronic components, computer hardware and software, inventory and assessment specifically excludes sub -elements included as part of D3060 HVAC Controls and Instrumentation, D5030 Communications and Security, and D509006 Energy Management Control Systems. In addition, Consultant assessment is focused on real property elements (versus chattel) that are used in the permanent construction of the buildings, and as such, Consultant scope specifically excludes the inventory or assessment of sub - elements categorized in Uniformat II Major Group Elements of E-Equipment and Furnishings, F-Special Construction and Demolition, and G- Building Sitework. Task Order PW-MAC-001 7 1.7.3 Asset Segmentation Building sub -elements included in the inventory will be segmented (divided into sections) based on the homogeneity of material type, age of construction, functional use, or along natural boundaries. Some judgment is necessary in cases where 'like assets' are identical or segmented into very small areas. Identical or small assets or sections may be combined where practical and when such assets are typically grouped to make repair and replacement decisions. 1.7.4 Documenting the Inventory Data describing the inventory of each segmented building element will be recorded on field forms. Attributes for each building component are pre -defined and stored in the Vertex asset catalog. The facility inspector selects appropriate asset attributes from a standardized list defined specifically for each building category. This capability allows Vertex to automatically link a current replacement value (CRV) and design life (DL) with each asset included in the inventory, eliminating the variation of data from subjective opinions of field surveyors. 1.7.5 Condition Assessment of Sub -Elements Inventoried On Site At the same time the inventory is being documented, observations will be made to locate obvious problems and visible defects in the materials and building systems in an effort to assess the physical and operational condition of inventoried assets. For sub -elements, which are readily accessible for visual observation and are part of UNIFORMAT categories B20, B30, D30 and E1030, CONSULTANT will record the individual distresses that are readily apparent, including information describing the type, quantity and severity of the distress. For UNIFORMAT categories C30, D10, D20, D40 and D50, CONSULTANT will conduct a "General Assessment" based on Consultant observations, and on the known or estimated age of the sub -elements. For sub elements that are assessed on a general level, CONSULTANT will record an estimated Remaining Service Life (RSL), which will in turn be used to calculate a Condition Index. Task Order PW-MAC-001 8 For sub -elements, which are not readily accessible, hidden from view, or for which major operating components are internal to the sub -element, CONSULTANT will assess condition using Age -Based assessment techniques. Unless otherwise modified, the Cl is predicted based on the age of the asset and assumes the performance life of the asset is equal to its design life. 1.7.6 Data Population and Analysis Data collected during the FCA will be returned to CONSULTANT's office in Kennesaw, Georgia for population into Vertex. Prior to delivering the forms for data entry, assessment teams will review the forms completed in the field for completeness. Forms that are incomplete or illegible will be returned to the appropriate assessor for correction. After review in the field, CONSULTANT will enter data from completed field forms into Vertex. CONSULTANT will review and compare the output from the Vertex database against paper field forms to catch data entry errors, and make data entry modifications as required to assure quality control. Once the inventory and assessment data is populated, CONSULTANT will use Vertex to calculate a Condition Index for each sub -element included in the inventory. The Cl is a numerical score from 1 to 100. Based on the design life of the particular asset, the calculated Cl determines the remaining useful service life (in years) for the asset. Cls will then be rolled up using dollar weighted averaging to generate a Facility Condition Index (FCI) at the facility level. After Cls are calculated, CONSULTANT will analyze the data and prepare budget estimates for recommended alternatives of maintenance, repair, and replacement (MR&R) of assets. The financial analyses will be generated from queries established in a "decision matrix" which model COUNTY decision -making standards and asset management strategies. CONSULTANT will interview key COUNTY staff to obtain information necessary to establish the baseline decision - matrix settings used in Consultant analyses. CONSULTANT will run the financial analyses over a five-year study period. The results of the analyses provide projected costs per asset, per year, segmented by activity. Activities typically include maintenance, repair, replacement, and other Task Order PW-MAC-001 9 recurring costs that may be defined as part of the analysis set-up. Recurring costs may be applied at various frequencies, and will be determined based on Consultant interviews with the COUNTY. CONSULTANT will work with the COUNTY to establish metrics to prioritize work based on financial and non -financial attributes. Prioritization is calculated from numerical metrics stored in the database using the principles of Analytical Hierarchy Processing (AHP). AHP is an ASTM standard technique of comparing the priority of a range of assets with many attributes by comparing the desirability of one attribute over another, a pair at a time. 1.7.7 Reporting Upon completing the facility condition analysis, CONSULTANT will prepare a report of findings. The report will include an executive summary and recommendations for maintenance, repair and replacement over the analysis study period. The report will also include standard Vertex report outputs such as: ■ Sub -element inventory for each building ■ Facility condition and remaining useful life forecast ■ A 5 Year budget estimate for each building for Maintenance, Repair and Replacement (MR&R) of sub -elements included in the inventory. ■ Recapitalization plan for capital forecasting ■ A description of the settings used in Consultant decision matrix used to analyze the data. ■ Work Activity Group (WAG) Summary report. ■ WAG Detail report CONSULTANT will deliver a draft copy of the report for COUNTY's review prior to providing a final report. Consultant draft report and supporting data will be provided electronically via e-mail. For the final report, CONSULTANT will deliver one printed hard copy, one copy electronically via e-mail and one copy on CD. Consultant report narrative will be prepared in Microsoft Word. Report output from Vertex will be provided in pdf file format. Where appropriate, CONSULTANT will export data from Vertex and provide to the COUNTY in Excel file format as part of the report backup for the COUNTY's internal use. Task Order PW-MAC-001 10 1.7.8 Project Review and Out Brief Meeting After the COUNTY has had an opportunity to review the report deliverables, CONSULTANT will lead a half -day meeting with key COUNTY staff to review the means, methods, findings and conclusions of the FCA project. The meeting will begin with an executive level briefing of the findings of the FCA, and a review of the report deliverables. Following the briefing, the meeting will include discussion regarding the means and methods used to conduct the work. CONSULTANT will invite COUNTY staff who participated in the data collection effort to discuss their experience in the project, and provide feedback regarding the applicability of the knowledge -based FCA process to the COUNTY's current asset management program. The meeting will include discussion of varying topics regarding the overall applicability of a knowledge based FCA within the COUNTY's current asset management approach, positives and negative lessons learned from the project, and discussion for next steps in the implementation of the COUNTY's Facility Asset Management Program. The meeting will include a demonstration of Vertex using the COUNTY's data, and a review of how the financial analyses were run. The meeting will be led by CONSULTANT's Project Manager and a Senior Software Engineer involved in the data analysis and reporting. The Project Review and Out Brief Meeting will be held at the Marathon Government Center in Marathon, Florida. CONSULTANT will rely on the COUNTY to invite staff deemed appropriate to attend, and to arrange for necessary meeting space and audiovisual equipment. 2.0 Scope Qualifications and Exclusions Facility Condition Assessments are preliminary reviews to identify readily apparent problems and general costs; they are not intended to be a detailed analysis of each system. Although a "standard of care" is exhibited by trained professionals, with this type of preliminary review it is possible that conditions will exist which will affect the value and/or performance of the facility but which will not be discovered by the assessment. Task Order PW-MAC-001 11 The scope of services, unless specifically addressed in this task order, does not include any construction or construction management activities to address any findings, or obtaining and testing materials, or performing detailed engineering calculations to determine the capacity or adequacy of the existing design. The scope specifically excludes the dismantling or removal of casings, housings, insulation and other enclosures to visually assess building substrates, structural connections, or fasteners. The scope of services does not include entering into building attics or crawl spaces. Assets included in CONSULTANT inventory will be selected from a pre -defined catalog of building sub -elements stored in Vertex. The inventory will include building and site sub -elements categorized at Uniformat II Level 4 detail. Assets currently defined in the Vertex catalog include additional "attribute" data that is required to more specifically describe a building sub -element relative to either its Current Replacement Value (CRV) or its expected Design Life (DL). The attribute data typically describes the asset material, size, capacity, or configuration. For electrical systems included in the scope of the assessment, the intent is to inventory only the major system components and lighting fixtures that are readily accessible. It is not intended to include a review of or documentation of utility costs and energy use. Since no specific information regarding building roofs has been provided at the time of preparing this task order, it either is possible that some of the roofs included in the survey may be on buildings higher than two stories, are on buildings with steep slopes, or are constructed of slate tiles. CONSULTANT shall be provided access to physically walk over all buildings with low -slope or flat roofs. CONSULTANT does not intend to walk over roof sections constructed of slate or concrete tiles, or on roof sections with slopes above 5 in 12. For roof sections of which CONSULTANT does not walk over, CONSULTANT intends to utilize binoculars to examine the section for defects and distresses. CONSULTANT intends to work from flat roof areas that provide reasonable visual access to the steep slope roof sections. For roof sections where gaining access is not practical or cannot be achieved without additional equipment, such as man lifts, then CONSULTANT observations will be made from ground level. Task Order PW-MAC-001 12 This is a non-destructive survey only and specifically excludes any material testing or other investigative techniques such as moisture surveys, water intrusion testing, adhesion or cohesion testing, load testing, air balancing, thermography, eddy current tests, voltage and current measurements, etc. Testing to determine the presence of asbestos, radon, lead -based paint, or other potentially hazardous materials is specifically excluded from the scope of services. 3.0 Implementation Schedule CONSULTANT will contact the COUNTY and begin discussion to schedule the Kick -Off Meeting upon receipt of a Task Order authorizing the work. CONSULTANT will also begin work to assist the COUNTY in installing Vertex on COUNTY equipment. CONSULTANT plans to mobilize to the site to conduct the FCA approximately one week after background documentation has been provided for review. CONSULTANT will coordinate the work on site with the one -day classroom training for data collection. CONSULTANT anticipates being on site approximately seven working days following the training class to conduct the FCA. Data entry, data review and data analysis can typically be completed within two weeks of completing the field portion of the FCA. CONSULTANT anticipates being able to deliver the draft report deliverables approximately two weeks later, or approximately one month after completing the field work. CONSULTANT will coordinate with the COUNTY to determine a schedule for the Vertex start-up training that is mutually acceptable to both parties. The training shall be conducted after the FCA has been completed, so that COUNTY staff can use their own data during the training sessions. 2.3 Notice Requirements - Change Para. 2.3 per the following: 2.3.1 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice, required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the COUNTY by certified mail, return receipt requested, to the following: Task Order PW-MAC-001 13 Mr. Bob Stone Monroe County Public Works 1600 Aviation Blvd. Marathon, Florida 33050 And Mr. Roman Gastesi, Jr. COUNTY Administrator 1100 Simonton Street Key West, Florida 33040 For the Consultant: Mr. William J. Faesenmeier MACTEC Engineering and Consulting, Inc. Senior Principal Professional Director of Operations 2015 Vaughn Road Bldg. 300, Suite 300 Kennesaw, Georgia 30144 TWO Dana Pollitt MACTEC Engineering and Consulting, Inc. 3100 Overseas Highway Marathon, Florida 33050 ARTICLE IV COLINTY'S RESPONSIBILITIES — Add Para. 4.8 4.8 COUNTY management or the on -site maintenance staff assigned to the project shall make necessary arrangements to provide CONSULTANT assessors with access to all areas of the buildings included in the scope of work. If possible, CONSULTANT prefers that the COUNTY maintenance staff assigned to be trained by CONSULTANT's assessors have keys to each building to provide access and to minimize on site delays. If readily available, the COUNTY shall assemble the as -built documentation of buildings included in the scope and provide to CONSULTANT for review prior to mobilizing to the site. Task Order PW-MAC-001 14 The task order assumes that CONSULTANT will walk over low -sloped building roofs where access is readily available. CONSULTANT will rely on the COUNTY to provide ladders of appropriate size and capacity to gain access to building rooftops. 7.1 PAYMENT SUM — Change Para. 7.1.1 per the following: 7.1.1 With the exception of the software installation support services included in this task order, fees for the products and services described above will be invoiced on a percentage of completion Lump Sum basis, and total $87,500. The fee includes all labor and expenses, which can reasonably be anticipated to complete the scope of services as stated, and includes travel costs and expendable supplies. There will be no reimbursable expenses. The software installation support services will be invoiced on a time and material basis for a Senior Software Engineer and will be based on rates negotiated and agreed upon and shown in Exhibit B of the Contract. Fees for the software installation support services are not to exceed $2,500. Fee Schedule Services Chareed as Lump Sum $87,500 Vertex License (one time fee)....................................................................................................$ 20,000 ■ Limited to the management of 1.0 million square feet of COUNTY buildings Annual Software Maintenance Support ................................................................................... $ 4,000 ■ Based on license limitation of 1.0 million square feet of COUNTY buildings Data Collection Classroom Training.......................................................................................... $ 3,500 ■ Includes one day classroom training plus associated expenses Facility Condition Assessment..................................................................................................$ 53,500 ■ Includes the inventory, assessment, data population, analysis, review and reporting for eight(8) buildings, totaling approximately 440,000 SF ■ Includes "On -the -lob" training of selected COUNTY maintenance staff during the performance of the FCA Task Order PW-MAC-001 15 6,500 Vertex Start -Up Software Training .............................. $ ■ Includes three days on -site training and associated expenses Services Charged as Time and Materials (estimated fees) $1,396 Software Installation Support ....................................................................................................$ 1,396 ■ Includes estimate of 8 hours Senior Software Engineer support. ■ Anticipates no on -site work and no travel expenses TOTAL $88,896 CONSULTANT will invoice the COUNTY on a monthly basis. CONSULTANT invoices will reflect the value of the services delivered in the previous month. Fees for the Vertex license and annual software maintenance will be charged upon successful software installation and the County having full access and use of all elements of the Vertex software. Login and password information will be provided to a COUNTY point of contact assigned as the Vertex software administrator. Upon the COUNTY's receipt of an acceptable and approved invoice, CONSULTANT invoices are due and payable within 30 days. The terms and conditions of the executed Contract for On Call Professional Engineering Services as approved by the Monroe County Board of County Commissioners on February 17, 2010 shall apply to this Task Order, except to the extent expressly modified above. Task Order PW-MAC-001 16 IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly authorized representative on the day and year first above written. (Seal) Attest: Danny L. Kolhage, Clerk Deputy Clerk (Seal) Attest: NA Witnes Print Name Witness Print Name Board ofCOUNTY Commissioners of Monroe COUNTY, Florida -32 Consultant K4ACTECEngineering and Consulting, Inc Task Order PW-M&C-001 17 � Print Name ATTACHMENT "A" SOFTWARE END USER LICENSE AGREEMENT "Vertex®" This Software End User License Agreement ("Agreement") is between MACTEC Engineering and Consulting, Inc., a Delaware corporation, ("Licensor") with offices at 2015 Vaughn Road, Building 300, Suite 300, Kennesaw, Georgia 30144 and Monroe County with offices at 1100 Simonton Street, Key West, Florida 33040, (hereafter "Licensee") and is effective the 21 day of July, 2010 ("Effective Date"). 1. Grant of License. Licensor hereby grants to Licensee a personal, non-exclusive, nontransferable, limited license ("License") to install and use the product named above and its accompanying documentation (collectively, the "Software") in object code form solely in accordance with the terms of this Agreement, including the restrictions set forth in Section 2 below. Licensee may make one copy of the Software for archival and backup purposes. Licensee must reproduce and include any copyright and trademark notices, legends and logos on each copy of the Software or diskettes made by Licensee. 2. Limitations of License. Installation and use of the Software is specifically subject to the following restrictions and limitations: a. The rights granted herein are specifically negotiated license rights. b. The License is limited to the processing of data associated with selected building and site infrastructure sub -elements ("Sub -elements") which are (i) available in the Classification Catalog Manager of the Software, as of the Effective Date, and (ii) included in the Group Elements listed below, as defined by, and set forth in, UNIFORMAT II, ASTM E-1557-05: i. A10 - Foundations ii. A20 — Basement Construction iii. B 10 - Superstructure iv. B20 — Exterior Enclosure v. B30 — Roofing vi. C 10 — Interior Construction vii. C20 — Stairs viii. C30 — Interior Finishes ix. D 10 — Conveying x. D20 — Plumbing xi. D30 — HVAC xii. D40 — Fire Protection xiii. D50 — Electrical xiv. E 10 — Equipment xv. G20 — Site Improvements xvi. G30 — Site Mechanical Utilities xvii. G40 — Site Electrical Utilities c. The Software may be used to store and manage data regarding Sub -elements at physical locations containing buildings that are owned or managed by Licensee, and whose combined gross floor area does not exceed 1.0 million square feet. d. The Software may be installed on one or more servers at one or more locations of Licensee. e. Licensee is authorized to access the Software by means of a restricted web site that is hosted by Licensee. 3. Termination. This License Agreement may be terminated at any time by Licensor immediately and without notice upon any breach by Licensee. Upon termination, Licensee shall certify in writing that all copies of the Software have been destroyed and all copies erased from the memory of Licensee's computers. 4. Proprietary Rights. Licensee acknowledges that the Software is the sole and exclusive property of Licensor. By accepting this license, Licensee does not become the owner of the Software, but only has the right to use the Software, as outlined in and limited by this Agreement. The Software is protected by copyright laws, international copyright treaties, and other laws regarding trade secrets and other intellectual property rights. Title and full ownership rights to the Software and any and all copies of the Software remain with Licensor. 5. Other Restrictions and Limitations. Licensee agrees that (1) it will not copy the Software except as permitted in Section 1; (2) it will not reproduce, deactivate, or bypass any security device supplied with the Task Order PW-MAC-001 18 Software; (3) it will preserve and respect Licensor's copyright and the notice of copyright included in the Software; (4) the Software contains valuable, confidential, unpublished information and trade secrets developed or acquired by Licensor and may contain information, components or other software applications that are proprietary to a third party, which Licensor has been authorized to sublicense, and Licensee will not disclose or transfer or otherwise provide to any third party all or any part of the Software without the express written consent of Licensor; (5) it will not disassemble, reverse compile or reverse engineer the Software or any portion thereof or otherwise attempt to discover the source code or structural framework of the Software; (6) it will not rent or lease the Software nor use the Software in a service bureau or time sharing environment; and (7) it will not modify the Software. 6. Disclaimer of Warranties. NO WARRANTIES, EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL OTHER WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO LICENSEE. Liability. Licensee agrees that, regardless of the form of any claim, Licensor's liability for any damages or loss to Licensee or any party shall not exceed the license fee paid for the Software. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF EITHER LICENSEE OR A THIRD PARTY AGAINST LICENSEE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DAMAGES FOR ANY CAUSE WHATSOEVER (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE) IN EXCESS OF THE AMOUNT PAID TO LICENSOR BY LICENSEE FOR USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE. 8. Remedy. Licensee acknowledges that Licensor shall be entitled to seek and be granted injunctive relief or specific performance upon any breach or threatened breach of this Agreement by Licensee, all without the necessity of posting a bond or other security or undertaking in connection therewith. Licensee agrees to pay to Licensor all costs and expenses, including reasonable attorney fees, incurred by Licensor in connection with exercise of any of its rights and remedies contained herein. 9. License by U.S. Government. Any noncommercial software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in 48 CFR 52.227- 19. Contractor/Manufacturer is MACTEC Engineering and Consulting, Inc., d/b/a Facility Lifecycle Group, 2015 Vaughn Road, Building 300, Suite 300, Kennesaw, Georgia 30144. 10. Audit. Upon forty-five (45) days notice, Licensor may audit Licensee's use of the Software during Licensee's regular business hours. Licensee will cooperate with Licensor's audit and provide reasonable assistance and access to information. Licensee will remit any underpayment of fees or other amounts due Licensor, or remedy any misuse of the Software, within fifteen (15) days of receipt of written notice. If Licensee does not pay any such fees or other amounts or remedy any such misuse within the fifteen (15) day period, Licensor may terminate the License, this Agreement and all technical support. 11. General Terms and Conditions. The terms and conditions of any purchase order or other ordering document issued by Licensee in connection with this Agreement which is in addition to or inconsistent with the terms and conditions of this Agreement shall not be binding on Licensor and shall not be deemed to modify this Agreement. This Agreement constitutes and expresses the entire agreement and understanding between the parties in reference to all matters referred to herein and any and all previous agreements, discussions, promises, representations, and understandings between the parties relative thereto are merged herein and superceded hereby. Any and all remedies provided for in this Agreement shall be cumulative and additional to any other remedies in law or equity which Licensor may have. This Agreement shall inure to the benefit of Licensor, its successors, and assigns. Licensee shall not assign its rights hereunder to any party. All rights not specifically granted herein are reserved by Licensor. Task Order PW-MAC-001 19 ATTACHMENT "B" SOFTWARE MAINTENANCE SUPPORT AGREEMENT This Software Maintenance Support Agreement (the "Agreement") is made and entered into as of the 21 day of July, 2010 (the "Effective Date"), by and between MACTEC Engineering and Consulting, Inc., a Delaware corporation, ("MACTEC") and Monroe County, a political subdivision of the State of Florida, ("Client"). In consideration of the mutual promises and covenants set forth herein, the parties agree as follows: Background. MACTEC and Client agree that the terms and conditions of this Agreement cover software maintenance support services as set forth below to be provided by MACTEC to Client. Such services shall be provided by MACTEC only with respect to software for which Client has entered into a Software End User License Agreement (hereinafter referred to as "License Agreement") with MACTEC. Any Software Error Revisions or Software Updates shall be considered "Software" under the License Agreement and thus shall be subject to terms and conditions set forth under the License Agreement. Definitions. A. "Support" means the technical support provided by MACTEC or its third party representative to the Client, its agents, or employees (hereinafter collectively referred to as "Client") regarding the use and operation of applications software specifically developed by MACTEC, commonly referred to as Vertex, that is subject to a License Agreement (hereinafter referred to as the "Supported Software"), and code revisions to resolve Software Problems identified and made known to MACTEC. Support shall include (i) a direct response to an inquiry from a Support Contact concerning the technical operation of the Supported Software, (ii) a direct response to an inquiry from a Support Contact concerning Software Problems in the Supported Software, (iii) a diagnosis of Software Problems in the Supported Software, and (iv) reasonable commercial efforts to resolve reported and verifiable Software Problems in the Supported Software such that the Supported Software performs the functions described in the associated documentation. B. "Support Contact" means authorized individuals(s), specified on Exhibit 1 of this Agreement with whom MACTEC communicates when providing Support. The Support Contact must be functionally knowledgeable about how the Supported Software is intended to be used. C. "Software Problem" means a defect in the Supported Software code, developed by MACTEC, which (1) prohibits Client from entering, viewing, or printing data in a manner consistent with the design of the software and its associated documentation, or (2) results in a verifiable mathematical calculation error, or (3) results in the display of a program error message. D. "Software Error Revisions" mean revisions to programming code related to the Supported Software only, which are developed by MACTEC and specifically excludes any software revisions or enhancements of operating systems software, or other third parry software products, not specifically developed by MACTEC. Task Order PW-MAC-001 20 E. "Software Updates" mean revisions, enhancements, or new releases of software program files or user manuals designed to correct a known error or improve functionality of the Supported Software. Software and specifically excludes any software revisions or enhancements of operating systems software, or other third party software products, not specifically developed by MACTEC. Software Support Services. Under the terms and conditions of this Agreement, MACTEC shall provide to Client the following Support services: A. Telephone Assistance. The Support Contact, using an authorized telephone number to be provided by MACTEC, may contact a representative of MACTEC's Help Desk to ask questions or seek advice relating to technical problems with the use of the Supported Software as described in the associated documentation. Support calls are answered in the order in which they are received. If a technical support representative is not available to accept the call immediately, the call will be returned in as timely a manner as possible. MACTEC's technical support representative will use commercially reasonable efforts to assist the Support Contact in using the Supported Software, and in identifying and providing a workaround, if possible, for Software Problems found in the Supported Software. Telephone assistance shall be available Monday through Friday, from the hours of 8:00 a.m. to 5:00 p.m. Eastern Standard/Daylight Savings Time, as applicable, excluding holidays. Client may also communicate with a technical support representative by written correspondence via an electronic Help Desk Trouble Ticket Form. B. Software Error Revisions. Software Error Revisions will be made available to Client, from time to time, whenever such Software Error Revisions are produced and commercially released by MACTEC to its Software Maintenance Support customers. MACTEC makes no promise as to the scope, contents, or frequency of release of any Software Error Revisions. C. Software Updates. Software Updates will be made available to Client, from time to time, whenever such Software Updates are produced and commercially released by MACTEC to its Software Maintenance Support customers. MACTEC makes no promise as to the scope, contents, or frequency of release of any Software Updates. Delivery. MACTEC will use commercially reasonable efforts to schedule delivery of Software Updates in accordance with those dates as provided to Client. Shipping and delivery dates are approximate only. It is agreed that MACTEC will not be liable for any loss or expense of any nature due to a failure to meet a specified delivery schedule. 5. Payment. Client agrees to pay MACTEC the charges for Support and other fees set forth on Exhibit t which is attached hereto. Such fees shall be due and payable within thirty (30) days of the invoice date. 6. Limitations on Support Services. A. The following are not supported under this Agreement. 1. Client's improper installation or use of the Supported Software; 2. Misuse, abuse or negligent use, repair, alteration or improper storage or any use which does not conform to the specific or general instructions of MACTEC or to the provisions of the documentation for the Supported Software; Task Order PW-MAC-001 21 3. Any modification or attempted modification of the Supported Software by Client or any third party; 4. Client's failure or refusal to maintain the Supported Software at the "minimum release level" required by MACTEC. B. MACTEC reserves the right to charge for excessive telephone, shipping, handling, media or user manual expenses in connection with Support services provided hereunder. In all cases, MACTEC shall notify Client of these costs in advance. Availability of Support Services. A. Support shall be conducted at the offices of MACTEC, at its address as set forth on this Agreement (or such other address as MACTEC may designate by notice provided herein) or at a third party location as so designated by MACTEC. B. Support shall be conducted generally between the hours of 8:00 AM and 5:00 PM, Eastern Standard/Daylight Savings Time, as applicable, Monday through Friday, holidays excluded. C. Support shall be conducted on a first -come first -serve basis. D. The Support Contact shall provide his or her name, and company name when requesting Support under the terms of this Agreement. 8. Warranty Disclaimer. THE SUPPORT AND OTHER SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS IS", AND MACTEC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SUPPORTED SOFTWARE, THE SUPPORT SERVICES, THE OPERATION OF THE SUPPORTED SOFTWARE, OR CLIENT'S ABILITY TO UNDERSTAND, COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO CLIENT BY MACTEC, NOR DOES MACTEC MAKE ANY WARRANTY THAT THE SUPPORTED SOFTWARE, SOFTWARE ERROR REVISIONS, SOFTWARE UPDATES OR SUPPORT ARE ERROR FREE, AND MACTEC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Limitation of Liability. IN NO EVENT SHALL MACTEC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A THIRD PARTY, RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS AGREEMENT OR ANY OF THE EXHIBITS HERETO, OR RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OR LOSS OF USE OF ANY SUPPORTED SOFTWARE OR SUPPORT SERVICES OR MATERIALS DELIVERED TO CLIENT HEREUNDER, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION OF BUSINESS, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF MACTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything herein to the contrary, the maximum aggregate amount of money damages for which MACTEC may be liable to Client under this Agreement, resulting from any cause whatsoever, shall be limited to the amounts actually paid by Client to MACTEC under this Agreement during the twelve (12) month period immediately preceding the month in which the claim arises. Task Order PW-MAC-001 22 10. Term and Termination. A. The term of this Agreement shall be for one (1) year, beginning on the Effective Date, and shall automatically renew for successive one (1) year terms, provided that either party may terminate this Agreement by providing written notice of its intent not to renew at least sixty (60) days prior to the end of any one (1) year term. B. Either parry may terminate this Agreement in the event of a default by the other party to this Agreement; provided however, no such termination shall occur until the non -defaulting party shall have given written notice of the default to the defaulting party and such default shall not have been cured within five (5) days in the event of a monetary breach and thirty (30) days in the event of a non -monetary breach. 11. Notices. All notices, requests, demands or other communications required or permitted to be given or made under this Agreement shall be in writing and shall be given by express courier (such as Fed Ex) facsimile transmission, or by United States certified mail, return receipt requested, postage prepaid to the addresses set forth on the first page of this Agreement, or such other address as changed through written notice to the other party. Notice given by express courier shall be deemed effective upon receipt; notice given by facsimile transmission shall be deemed effective on the date of transmission with printed confirmation of successful transmission; and notice given by mail shall be deemed effective the day on which delivery is either accepted or first rejected. 12. General. A. This Agreement, including the Exhibits attached hereto, contains the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto. Except as set forth herein, there are no representations, agreements, arrangements or understandings, written or oral, between the parties with respect to the subject matter of this Agreement. B. Nothing in this Agreement will in any way be construed as creating a partnership, joint venture, agency, or employer -employee relationship between Client and MACTEC. Client is not authorized to, and will not, undertake or assume any obligation of any kind, express or implied, to conduct any business on behalf of MACTEC. C. The validity, interpretation and performance of this Agreement will be construed in accordance with and governed by the laws of the State of Georgia. D. If any provision, in whole or in part, of this Agreement is held illegal or invalid by any court or administrative agency of appropriate jurisdiction, such provision or appropriate portion thereof will be deemed severable and the illegality or invalidity of such provision or portion thereof will not effect any of the remaining portions of this Agreement. In such event, this Agreement will be considered as if the illegal or invalid provision or portion thereof had not been contained herein. E. The failure of either party to require the performance of any term, condition or portion of this Agreement or the waiver by either party of any breach of this Task Order PW-MAC-001 23 Agreement will not prevent subsequent enforcement of such term, condition or provision, nor be deemed as a waiver of any subsequent breach. Any change in, addition to, or waiver of the terms, conditions, or provisions of this Agreement will be binding upon either of the parties only if approved in writing by its authorized representative. G. Neither party will be liable to the other in any manner for any loss or damage of any nature whatsoever incurred or suffered as a result of any failures or delays in its performance under this Agreement due to any cause or circumstance beyond its control, including, but not limited to, any failure or delays in performance caused by strikes, lockouts, labor disputes, fires, acts of God or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws, regulations, orders or policies of any governmental authority, delays in transit, delivery or performance on the part of vendors, transportation companies or communication facilities, or failures of sources of raw materials. H. Client will have the right to assign or otherwise transfer its rights or obligations under this Agreement only with the prior written consent of MACTEC. In the event of any assignment (whether by consent of MACTEC or otherwise), all covenants, stipulations, and promises in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Exhibit 1 The annual fees for the Support provided under the Agreement are as follows: $4,000.00 per calendar year. The Support Contact is: Bob Stone 10600 Aviation Blvd. Marathon, Florida 33050 305 / 797-1458 305 / 289-6077 Task Order PW-MAC-001 24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Facilities Maintenance Staff Contact Person/Phone #:John W. King/292-4531 AGENDA ITEM WORDING: Approval to reject bids and re -advertise for Shade Structures for Lower Keys Parks. ITEM BACKGROUND: As part of FY10 budget funds were allocated to improve unincorporated parks and beaches. On June 8, 2010 bids were opened for shade structures at Astro City, Bay Point, Bernstein, Wilhelmina Harvey Park -Big Coppitt, Big Pine Key Community Park, and Palm Villa -Big Pine. Seven respondents submitted proposals: Creative Shade Solutions, Inc. - $151,000; Lanier Plans, Inc., dba KORKAT, Inc. - $94,969.91; Advanced Recreational Concepts - $214,988.12; Kool Playgrounds - $160,718.90; Air Shade America - $143,000.00; USA Shade & Fabric Structures - $130,411.10; and Leadex Corporation - $198,450.00. One proposal (Lanier Plans, Inc., dba KORKAT, Inc. was not over the projected amounts but was non -responsive. Staff recommends re-evaluating the scope and re -bidding this project. PREVIOUS RELEVANT BOCC ACTION: Approval of the 2009 — 2010 budget. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $800.00 ap_prox 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 X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # d s } t .a 0 Q Y N H s � ce p u cn U. d Q H a s � v Z J > - O p¢ o� W Q O 4 O o "- W a m Q L d F- o o d > 72 F- rn o 7 o a W F- H o � 0000 � o , -I u�i v G. V W Q O rn rn r; OLLJ c N U.= C Q Cd j cn ID d' m 0 3 � N O r r�l W Z N v c �_ W c N ZfA�- oZ a a¢ a a a a gN ce mm Z Z Z z Z Z z LL W >> 3 z�a " o o NQ p�,F-� a a En �_ o_ L W Q ce U s coi H Z Q UZ., (n u o W D a V z o_ m U Z a w U w o> y ~ oC Z O 0 O U V 2 > o d 01 d W Q w in O Y '' J Q y Z L y til) Q Z Hm ZO �.. In Z L} C Ol O d .. V) () U a o v Q O O }v E- Z C7 Q w � (A) p uj } W °a a O (' 4 ° L L m > ►.� 0-g p� G. = X } E y 4.)U �. w d O Q LU L O 0 0 <v 4- U Y Q m H ti m BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Facilities Maintenance Staff Contact Person/Phone #:John W. King/292-4531 AGENDA ITEM WORDING: Approval to reject bid and re -advertise for Park Irrigation Systems for three Lower Keys parks as follows: Bay Point, Big Pine Community, and Bernstein. ITEM BACKGROUND: As part of FYI budget funds were allocated to improve unincorporated parks and beaches. On June 9, 2010 bids were opened for park irrigations systems at Bay Point, Big Pine Community and Bernstein Parks, with Blue Island Irrigation and Landscape being the sole respondent. Their proposal included $17,650 for Bay Point Park, plus EZ Flow system of $11,300, Bernstein and Big Pine Community Park combined of $22,600 for a total of $51,550. This proposal is over the projected amounts and staff recommends re-evaluating the scope and re -bidding this project. PREVIOUS RELEVANT BOCC ACTION: Approval of the 2009 — 2010 budget. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $800.00 approx 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: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 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 reject bids and re -advertise for Playground Equipment for Lower Keys Parks. ITEM BACKGROUND: As part of FY10 budget funds were allocated to improve unincorporated parks and beaches. On June 15, 2010 bids were opened for playground equipment at Bay Point and Palm Villa -Big Pine Parks. Ten respondents submitted proposals: Taylor Supply LLC - $48,000.00; Bliss Products - $38,990.00; Seatech, Inc. - $46,608.00; Gametime - $20,000.00;Ultra Play - $17,600.00; Advanced Recreational Concepts (ARC) - $38,272.56; Leadex Corporation - $63,980.00; Lanier Plans, Inc., dba KORKAT, Inc. - $63,500.00; Kool Playgrounds - $49,866.76; and Playmore Recreational Products & Services - $25,340.00. These proposals are above funds allocated for playground equipment. Staff recommends re-evaluating the scope and re -bidding this project. PREVIOUS RELEVANT BOCC ACTION: Approval of the 2009 — 2010 budget. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $800.00 approx 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: DISPOSITION: Revised 7/09 Included X Not Required. AGENDA ITEM # d s } } 0 � Q � z = C N d (n Q > -p == 0 Ow s c r-i a mJ o� 0 0 0 0 0 `ul 0 o d} z G�. W o 6 06 o o r� o o LV O O m kD 0 � N 00 00) U L qt 0 qt � m kD � m W NN 4c LU 3ce L �uj LLL=r01 ° 3 LLu H OHO z m a a a a a a a a> N W V z z z z z z z z c a z azoL m .5 Zaa ca =-J > uj d ca Z�> �a..z = ,LN Q Q c y rn v /^ G z V U m a a L _j O a u 0> o W w O o� L J U O > z O J Q Y ° o z t W z co U y �n �S } O Q J w H U } } >- ~' U L W 0° CLL t U W o O o DC 2 g W U a } O w W a Q o w d° a o a-i w g -v w s -0 Q w } [b H 60 C� d S to C d Y � N � V S v rL N '+- > S C a a° a N o } z W k6 O N- LUp �C 00 M -a f O H rn Lri i > M LUd' N 7 Q W F 3 L OJ o� LA M L U. 0LL=rl 4- (A) a H Q Q N Vf O z > LU U(9ZN W z z c zz0Ln a LL U D 3 W U) Z�oOn p v -o— O ZLU W Q C ce � c g n C Z W U') m a G J U D O > a cn LM J O O +- � U N � -a C S U L H J > O Z w a FI to L y Z O L v V o cn �S L O � o�'i_u Z W t U } > VI O tY U LU a v a g LU ce- d } } L L o CO a O t O U LL J OO } C p� O } Q O g Qcs m H to co BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. KinR. 292-4431 AGENDA ITEM WORDING: Approval to exercise the second renewal option of the contract with. U. S. Water Services Corporation for operation and maintenance of the wastewater treatment plant at the Marathon Government Center ITEM BACKGROUND: The contract with U. S. Water Services Corporation expires on August 31, 2010. The original contract dated July 16, 2008 provides two one-year options to renew. Staff recommends exercising the second renewal option for an additional one-year period in accordance with Paragraph 5 of the contract. PREVIOUS RELEVANT BOCC ACTION: On July 16, 2008, the BOCC approved award of bid and execution of the contract with U. W. Water Services Corporation to operate and maintain the wastewater treatment plant at the Marathon Government Center. On July 15, 2009, the BOCC approved amending and exercising the first renewal option. CONTRACT/AGREEMENT CHANGES: Renewal to commence on September 1, 2010 and terminate on August 31, 2011, and include an increase in cost by the CPI-U of 2.7% as follows: Monthly Operation and Maintenance charges shall increase from $851.41 per month to $874.40 per month. Repairs during normal working hours beyond the $500.00 limit shall increase from $75.08 per hour to $77.11 per hour. Emergency service calls for overtime hours shall increase from $112.62 per hour to $115.66. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $_ 10,492.80/0 /maint INDIRECT COST: BUDGETED: Yes X No _ Repairs: Regular hours $77.11; OT $115.66 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 /Purchasing ✓` Risk Management ✓ DOCUMENTATION: Included tl�Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # M E M O R A N D U M DATE: June 10, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — July 21, 2010, 2010 BOCC Meeting Approval to Renew Contract with U.S. Water Services Corporation — Operation and Maintenance of the Wastewater Treatment Plant — Marathon Government Center The original contract dated July 16, 2008 for one year provides for two one-year options to renew. On July 15, 2009, the BOCC approved amending and exercising the first renewal option. The second renewal shall commence on September 1, 2010 and terminate on August 31, 2011, and includes an increase in cost by the CPI-U of 2.7% as follows: Monthly Operation and Maintenance charges shall increase from $851.41 per month to $874.40 per month. Repairs during normal working hours beyond the $500.00 limit shall increase from $75.08 per hour to $77.11 per hour. Emergency service calls for overtime hours shall increase from $112.62 per hour to $115.66. I hereby request approval to exercise the second option to renew the contract with U. S. Water Services Corporation for the operation and maintenance of the wastewater treatment plant at the Marathon Government Center. J WK/j bw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: U.S.Water Services Corp Contract # Effective Date: 09/01/10 Expiration Date: 08/31/11 Contract Purpose/Description: Operation and Maintenance of the Wastewater Treatment Plant at the Marathon Government Center Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/21/10 Agenda Deadline: 07/06/10 CONTRACT COSTS Total Dollar Value of Contract: $ 10,492.80 + Current Year Portion: $ Budgeted? Yes® No ❑ Grant: $ N/A repairs Account Codes: 001-20501-530-340- 874.40 + repairs County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Division Director Date In s; Needed Yes❑ No[v]/ I_�fcj�'-"" Reviewer Risk Manage ent • ti Yes❑ No[ O.M.B./Purchasing Yes❑ NoEi�-- County Attorney { 1." i fi ` Yes❑ No❑ljw�c� i (�1.� (; �:� t.il t „) I Comments: OMB Form Revised 2/27/01 MCP #2 SECOND RENEWAL AGREEMENT OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER THIS SECOND RENEWAL AGREEMENT is made and entered into this _ day of 2010, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER SERVICES CORPORATION, a Florida corporation, whose address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652 (hereinafter "Contractor")) . WHEREAS, the parties hereto did on July 16, 2008 enter into an agreement for operation and maintenance of wastewater treatment plant for the Marathon Government Center located in Monroe County (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on July 15, 2009 amend and renew the Original Agreement; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Second Renewal Agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with the original agreement, Paragraph 3, CONTRACT AMOUNT, the Contract amount is being adjusted 2.71/o in accordance with the percentage change in the U S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year as follows: Monthly operation and maintenance service amount from $851.41 to $874.40, for an annual amount of $10,492.78; labor for repairs (as described in the original agreement) during normal working hours from $75.08 to $77.11 and emergency service calls from $112.62 to $115.66. 2. In accordance with the original agreement, Paragraph 5, TERM OF AGREEMENT, the County exercises this second option to renew the Original Agreement for the second of the two (2) renewal options. This term will commence on September 1, 2010 and terminate August 31, 2011. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK LIM Deputy Clerk Witnesses for CONTRACTOR: Signature D lM Signature S -Zy-10 Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson U. 7A, ATER SERVICES CORPORATION Print Name DAU QZ— MONROE COL)l�'TY ATTORNEY APPROVED AJ TO FORM: CHRISTINE M1. !_IMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date AMENDMENT and lst RENEWAL AGREEMENT OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER THIS AMEND ENT AND 1ST RENEWAL AGREEMENT is made and entered into this / day of 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a poli 'cal s division of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER SERVICES CORPORATION, a Florida corporation, whose address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652 (hereinafter "Contractor")) . WHEREAS, the parties hereto did on July 16, 2008 enter into an agreement for operation and maintenance of wastewater treatment plant for the Marathon Government Center located in Monroe County (hereinafter "Original Agreement"); and WHEREAS, both parties desire to amend Paragraph 1 to clarify language in the Agreement; and WHEREAS, both parties desire to amend Paragraph 2 to clarify language in subsection "D"; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Amendment and I` Renewal Agreement; now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: Paragraph 1 of the Original Agreement is amended to read as follows: "The Agreement consists of this document, the bid documents and the attached exhibits only." 2. Paragraph 2, SCOPE OF WORK, Paragraph "D" is amended to clarify language as follows "D. 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." In accordance with the original agreement, Paragraph 3, CONTRACT AMOUNT, the Contract amount is being adjusted .1% in accordance with the percentage change in the U S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year as follows: Monthly operation and maintenance service amount from $850.56 to $851.41, for an annual amount of $10,216.92; labor for repairs (as described in the original agreement) during normal working hours from $75.00 to $75.08 and emergency service calls from $1 12.50 to $112.62. 4. In accordance with the original agreement, Paragraph 5, TERM OF AGREEMENT, the County exercises option to renew the Original Agreement for the first of the two (2) terms. This term will commence on September 1, 2009 and terminate August 31, 2010. -1- >h CSS WHEREOF, the parties hereto have set their hands and seals the day and year first abav wv-O ten (SEAL) ATTEST: 1DAT4NY L. KOLHAGE, CLERK B} De"' ty Clerk 'tne es for CO RACTOR: Signature June 16, 2009 Date / — l0 0 Signature June 16, 2009 Date -2- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Byy Mayor/Chairperson U. S. WATER SERVICES CORPORATION By y A Print Name David B. Schultz, r. Vice President C r-- L rn r r t7 ` � �'.: yrr'� C) r— rn � CCD D�V VION OE COUNTY AT�!`O-H ,,"=Y' R VED A 0 M: PEDRO J. / AS NTY ATTJF3NEY � 7y/65 Da OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA AGREEMENT FOR OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT MARATHON GOVERNMENT CENTER This Agreement is made and entered into this day of , 2008, between MONROE COUNTY, FLORIDA ("COUNTY"), a pol�t-[cal division of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and U. S. WATER SERVICES CORPORATION ("CONTRACTOR"), a Florida corporation, whose address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652. WHEREAS, COUNTY desires to provide operation and maintenance of Wastewater treatment plant for the MARATHON GOVERNMENT CENTER, Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide operation and maintenance of Wastewater treatment plant for the MARATHON GOVERNMENT CENTER, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide operation and maintenance of Wastewater treatment plant for the MARATHON GOVERNMENT CENTER Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and its exhibits only. 2. SCOPE OF THE WORK: A. The Contractor's services shall include all DEP requirements stipulated in the Operating Permit (attached as Exhibit A) in order to operate the facility efficiently and reliably, and to maintain the facility according to the Permit. The Contractor shall invoice the County for the operation and maintenance services on a monthly basis, in arrears, at the fee schedule rate. The Contractor shall: i. Comply with all conditions specified within the current Permit for this facility. ii. Comply with all DEP rules, Florida Statutes, and county and Iocal regulations pertaining to the operation and maintenance of Agreement 1 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA wastewater facilities, systems of treatment and control, and related appurtenances. iii. Notify the County Facilities Maintenance Department, by written notice, of changes in DEP rules, Florida Statues, county and local regulations, as they apply to plant permitting or operations. iv. Become familiar with all Permit requirements, DEP rules, Florida Statutes, and county and local regulations which affect the above referenced wastewater facility. In addition, the contractor shall advise and make recommendation to the County on matters concerning the operation of the facility, and shall provide written notification to the County of any and all deficiencies encountered that may result in a non-compliance operating violation. This notification shall include the observation of the deficiencies, recommended corrections, and cost estimates. Said notification shall be delivered to the Facilities Maintenance Director for review and approval. In the event that the County shall receive a notice on non-compliance or of potential violation, written notice shall be given to the contractor. V. Provide, and maintain on site, records as required by the Permit conditions. The Contractor shall submit supplemental copies of record documents and monthly operation reports (MOR) to the Facilities Maintenance Director. vi. Inspect and maintain the facility's equipment, practices, and operation regulated or required by the Permit conditions. vii. Perform all other routine operation and maintenance tasks for the facility as part of the monthly service and included in the monthly fee such as, but not limited to, the following: a. Operate the wastewater facility according to the manufacturer's specifications and pursuant to the Federal, State, County, and local regulatory rules with particular attention to Florida Laws, Chapter 403 and the Florida Administrative Codes, 62-600, 62-604, 62-610, 62-611, 62-640, F.A.C., and other applicable sections; b. Inspect and lubricate all equipment which requires lubrication in accordance with the manufacturer's specification and recommendations; C. Supply, monitor, and record chlorine feed and effluent residuals regularly. Chlorine costs shall be included in the monthly operation and maintenance fee; Agreement 2 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA d. Replace motor/blower belts when required (labor and parts furnished by the Contractor); e. Clean blower filters on a regular basis; f. Repair minor electrical and plumbing problems at the contractors cost of $500.00 and below; g. Perform minor repairs of pump station equipment and controls at the contractors cost of $500.00 and below; h. Maintain proper adjustment of all apparatus controls; i. Maintain all painted surfaces; j. Record the daily flow in gallons per day; k. Record the Ph of effluent; 1. Daily maintain air to all required components of the treatment plant. The contractor shall individually check and clean all air diffusers and skimmers as required, then adjust aeration as required to maintain plant balance; m. Check sludge return; n. Transfer sludge as required to various plant components and concentrate into the digester as necessary to maintain plant operating efficiency; o. Mechanically check standby equipment weekly; p. Clean and hose down plant regularly to maintain good housekeeping of the facility, and remove all unsightly debris and materials from facility area on a regular basis; q. Provide all digester sludge removal services: Maximum of four removals annually, when required. Any additional removals require the County's prior written approval; the contractor shall notify the Facilities Maintenance Department when such additional removals are anticipated. The cost breakdown for any removals beyond the four cited above shall consist of the disposal cost to the contractor plus 25% handling charge. The Contractor shall be solely responsible for all sludge removal services and any required testing. The Contractor shall submit to the Facilities Maintenance department a copy of the landfill inbound charge ticket(s) after every sludge removal service; and viii. Provide for emergency standby pumping services for the facility (inclusive of all necessary equipment, materials, and Agreement 3 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA labor) in the event that an unusual occurrence makes it necessary to immediately pump out a plant to prevent untreated wastewater from improperly escaping into the environment. The Contractor shall perform this function to the best of the Contractor's ability considering the circumstances surrounding the unusual occurrence, and such occurrences shall qualify this as an emergency service. ix. Provide sampling, testing, results, and monitoring of any substances or parameters at any locations reasonably necessary to assure compliance with the Permit conditions or DEP rules. X. Protect the County from any condition which may result in non-compliance with DEP rules, Florida Statutes, or county or local regulations to the best extent possible. Inform the County immediately and in writing at once upon recognition of a potential problem. xi. Maintain a copy of the current Operating Permit on site. xii. Maintain monitoring and record keeping as required by the Permit conditions, DEP rules, county and local regulations. B. REPAIRS The Contractor shall make all repairs as necessary to assure that the facility is operating efficiently, reliably, and in accordance with all requirements of the DEP and the DEP Operating Permit. When the Contractor deems a repair to be necessary, and over $500.00, the Contractor shall prepare a detailed cost estimate based on the fee schedule rates stipulated in the contract for labor, actual cost of parts needed to make the repairs, plus the handling charge as indicated in the contract. The Contractor shall initiate the approved repairs within 48 hours of said approval. Upon completion of the repairs, the Contractor shall document the work performed as is required by the DEP Operating Permit and other on -site service logs. In any calendar month in which the total for Repair(s) as defined above do(es) not exceed $500.00, the Contractor will not invoice said amount to County and will be responsible for said amount. In any calendar month in which Repair(s) as defined above exceed(s) $500.00, the Contractor will invoice and the County will pay the full amount stated on the invoice. C. EMERGENCY SERVICE The County shall contact the Contractor immediately when an emergency call is needed. The Contractor shall also notify the County immediately in Agreement 4 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA the event of a facility emergency. The Contractor and the County shall make entries into a log, which shall include; the date and time the problem was discovered, a description of the problem, the date and time the contractor was notified, the date and time the contractor arrived at the facility, the date and time the Contractor departed, and a summary of the steps taken to rectify the problem. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three hours of notification by the County (see Section 2.05 Exceptions). The Contractor and the County shall simultaneously log the time the County contacted the contractor for an emergency service documentation of the above time requirements. The Contractor shall invoice the County for after -hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract, the actual costs of any parts used to rectify the problem, plus the applicable percentage as stipulated in the contract. D. 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. E. ADDITIONAL SERVICES When requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements, and shall invoice the County at the fee schedule rates for labor as specified in the contract. F. EXCEPTIONS All of the above described tasks or requirements shall be considered routine duties of the contractor except: i. Repairs which are over the $500.00 limit, as defined in Section 2.13. REPAIRS, shall be based on the fee schedule rates for labor for "Emergency Service Calls (Monday — Friday after normal working hours)" outlined in the contract. ii. The Contractor shall not be held responsible for the inability to perform due to factors beyond the Contractor's control. Agreement 5 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT - MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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: 1) Monthly Operation and Maintenance Services (as outlined in the contract specifications) $ 850.00 per month $10,206.72 per year 2) Repairs - beyond the $500.00 limit (routine, prior approval required). Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays $ 75.00 per hour 3) Emergency service call. Overtime rate for hours other than normal hours as stated above, including weekends and holidays. $ 112.50 per hour 4) Handling fee for parts required for operation, maintenance, Repairs and emergency services. Cost + 25 % 5) Sludge removal (beyond four per year required as Regular maintenance) Cost + 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. D. In any calendar month in which the total for Repairs (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and will be responsible for said amount. In any calendar month in which Repairs (as defined above) exceed $500.00, the Contractor will invoice and the County will pay the full amount stated on the invoice." Agreement 6 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT— MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 5. TERM OF AGREEMENT This Agreement shall commence on September 1, 2008, and ends upon August 31, 2009, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U annualized 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. G. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including Agreement 7 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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 Iimits are provided, the minimum acceptable limits are $50.000i00 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. POLLUTION LIABILITY — The minimum limits of liability shall be: $500,000 per Occurrence combined single limit, $1,000,000 Aggregate CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Agreement g May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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. 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 19I2, 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 Agreement g May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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. 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. 12.311, 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. Agreement 10 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT— MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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 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 3583 South Roosevelt Boulevard Key West, FL. 33040 and Monroe County County Attorney PO. Box 1026 Key West, FL 33041-1026 17. TAXES FOR CONTRACTOR: U. S. Water Services Corporation ATTN: R. Scott Lewis 4939 Cross Bayou Boulevard New Port Richey, FL 34652 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. Agreement 11 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY. FLORIDA 18. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. B. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. 19. GOVERNING LAW VENUE INTERPRETATION COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a 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. Agreement 12 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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 parry 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 parry 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; Agreement 13 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT— MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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. 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 Agreement 14 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA 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 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. Agreement 15 May 2008 OPERATION AND MAINTENANCE WASTEWATER TREATMENT PLANT — MARATHON GOVERNMENT CENTER, MARATHON, MONROE COUNTY, FLORIDA IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreeme ;Z�,day and date first written above in four (4) counterparts, each of Which s or accounting for the other counterparts, be deemed an k3EA r - ., z t BOARD OF COUNTY COMMISSIONERS Attest. E, CLERK OF MO OE CO Y, OIDA B u � ,� By: Deputy e Mayor Mario Di Gennaro Date: JUL 2008 Date: iJUL 16 2008 Witnesse or ON CTOR: Signature 6 -Z 7 - c�y Da Signature _(9 Date (' - L 7 - oj- Si atur of person thoriz o r Da R. Scott Lewis Print Name Address: 4939 Cross Bayou Blvd New Port Richey, FL 34652 Telephone Number: 727-848-8292 a ZZ MONROE COUNTY ATTORNEY N PROVED AS T M 5UZAN E A, HLITTON Co ATT4 ,.,EYp� teats of Yp Agreement 16 May 2008 ,& Gotiatvtor •� MIBIT A 1 Department of Environmental Protection Sow oftaict P.O. Boat 2549 DMW & So -do Fort MYW% Florida 33M ?549 SWOMr STATE OF FLORMA DMIESTIC WASTEWATER FACHJTY PERMIT PER]AffTrE: PERMIT NEINMU: FLA014703 FA FUR NUMBER: FLA01470&002-DW3P Monroe County Board of Cotmty Comimrssiortas . 1f WANCE DATE: October 20. 20M ESPDtAMN DAM October 19. 200S ilF5P0�LE AUT'HORiTY: Mr. Jdm Icing Director of Facailitias Mairmenance 3593 S. Roosevelt Blvd. Key Vast, FL 33040 (305) 743-9191 FACIIITY: MxtroeRe gional Service Cenwe 2796 overseas 13"ighway Mai &M6 FL 33050 Monroe County Latitudes 24° 42' 43" N IAngitude: 81° 05' 52" W This permit is issued under the provisions of C hq*w 403. Florida Stataft, and applicable rules of the Fkrida Adftistitive Code. T e Above named permtrum fib whit the is hereby anthmzed to operate the fa4tilitr�es ahOwn on Se �pL'cation and other docamew atta *W ltei can Department and made a part hereof and specifically descri'bed as follows: 7 RATACEW FAQ: OpeMJe an existing 0.010 mgd throe month average daily Bow CrMADFj attended awatian domestic wastewaoer tread pbo ooasistmg of tan 5,000 gallon aeration tanks, a 2,850 gallon final sefthng Unk a 650 gallon cltiariae pout- C t dumber, a 3.500 gallon effluent polishing tank, a 1.500 gallon cf&xmt pump chamber and a 1,500 gallon d adge digester with: DISPOSAL: UndaVacmd h*xtion: This is an existing 0.010 M® three month average daffy flow {TMADP) Permitted iajectian well aystem'U-001 consisting of 2 Class V � � 03 001-vo, 6a1a3-aoz-vo "�1D1$'d �'j« `� permitted ter D p� � 6a�a3- to Class Cr-M ground water. Permits 64103-M l UO, 64103-002-Uo we }tart of this permit. FLA014763. Undagrotmd mje cWn well system U-001 is located approximately at latitude 24 ° 42' 43" K longitm& 81 ° 05' 52" W. IN ACCORDANCE WITH-- The limitations, monitoring requirements and othm conditions set forth is pagcs I dumt r I8 of this permit" Page 1 of 18 "Mon Protection. Less Process" Printed an nmycled paper on � m 1�10 1 ■■1 = IS �vz N FACELITY: Monroe Regional Strvir ter PERbUT, MER: FLA014703 PE RPA t: Monroe Regional SerW. &nter PA FZE ER: FL.A014703.W2-DW3P 2796 Overseas Highway Marathon, Florida 33050 Efflumt samples shall be taken at the monitmW silo locations listed in Permit Condition 1. A. I. and as described below: Mo �lion Da rri dDu of Mouitm iog London Number �-1 After chlorine contact chamber. 1FLW-1 time meters an effluent are � to ;; measure flow 3- The three month average daily flow to UnderWoumd Injection Well Facility U-00l shall not exceed 0.01 Me) 4. Metws shall be utilized to measmre flow and calibrated at least annually_ (62-601.200(17) tend .500(6)J 5. The aritl c mean of the monthly fiscal coNform values collected during an annual period shah not exceed 200 per 100 mL of of iltmat sample. 17oe geometric mean of the foal coUorm values for a minimma of 10 sampLa of effluent each collected on a sepa rate day during a period of 30 consecutive days (nxsddy)� shaD not end 200 per 100 mL of sample. No mono than 10 Pmew of the samples collected (the 90th percentile value) &nm* a paw of 30 councut e days shall exceed 400 fecal conform values per 100 mL of sample. My one sample shall not erooeed 800 fecal cohftM values per 100 mL of sample. Note: To report the 90th percentila valm list the featl oaNOrm values cWhed dwing tk month is &wending ardor. Repot the value of the sample that oorespo & to the 90dt p=entile (multiply the mmnber of saciples by 0.9)- For example, for 30 samples.." the corresponding firm eolif Nm member for the 27th vahoe of asoendi�g order. 162-000.440(4Xc)1 6. A of 0.5 mglL dotal residual chlorine amst be mined for a min oanfaet time of 15 miutmes based an peak homely flow. (62-W 4404Xb)] 7. EM yW W&WAOM C apkw9L395. Laws of Florida, wgwws that by July 1, 2010, do Ewility anther oease all discimp to the fi*= iaa we& er meet efh h mt Hwits, on an a>m W bans, as follows: a- C26onaceous Wochentical oxySen demand (®ODs) of 10.0 mgd , b. Total saspmded solids (T SS) of 104 mg&,. c. Total nitrgSw (as N) of 10.0 mS11.4 d. Total phosphorus (as P) of 1.0 mg/L. (Crapes 99-395, laws of Florida, � 6, Srrbsactwo (4) and (6)) S. Grab samples shall be collected during periods of minimal tinmtkoent ph= pollut mt removal dfi*ucieS-or MwdM m hydraulic and/or organic loading. (Rule 62-600 740(l)(a)2 Page 3 of 18 ao w Is v FACIi.I7'Y: Monroe RegionalServir-,�ente PERMr ER: PIA014703 PERMITin: Monroe Regional SaW% zenter PA FML-...'GMBER. RA0147034)02-DW3P 2796 Overseas Highway Marathon, Florida 33050 2. Samples shall be taker at tic monitoring site locations listed in Permit Condition L B.1 and as described below. Moaiborbg iacatioa I D 11 , iption of Monitoring I.Apeadon L l;T1F-1 J At the iuflvcat pMe as it enjas the Plants aeration basin 3 - IoOnent samples shall be collected so that they do not contain digester suparoataat or rem un activated sludge:, or any other Plant Process recycled waters.162-6O1.SW4)1 4. Parameters which must be monitored as a result of a surface wrier disdtarge shall be analyzed using aamflideudy, sensitive m/ etiod in accordanix wii�th.,40 CPR Part 136. PuaMem which must be mooimte d as a rank of a pound nd water discharge (I e., underground hyaction or had application sysha m) shall be a11aba d in accordance With Chapter 62-601, F A.0 162-00.610(18)] 5. The permitsee shall provide safe acoess points for obtaining raPrcsaw ive influn t, reclaimed wow, and dfl sue t samophz which we required by this Permit 162-641JI jS11 6. Monitoring requirements under this permit arc einec tivo on the first day of the second menidr ""tog permit issuance, Until such time, the p m=tkc shall continue to monitor and report m accordance with previously dhctrw Pat regcr, if any. During the period of operation authorized by this permit, tic parmitooe sisal] coanpkde and subunit to the Depatmen6 South District Office Discharge MonitorngRepasts ems)'in as dance with the fnecpeacia spocifmd by the REPORT tYPc (i.e., monthly. tmaicity, quarseaiy, seminal, :gab etc.) iadinrod Cm the DMR f n= attached to this p ennit Momtovimg results for each monitoring period shall be aubmitiod in socmdance With the associated DMR due dates bellow. ' REPORT period Due pate Homily or first day of monde —lag day of 29P day of following rmoti m9sktnoaA Query January 1- March 31 Ap ff 28 April 1— June 30 July 28 July 1—Seps=bcr 30 October28 Ocaobear 1— Dcormbear 31 J 28 Semiannual January 1— June 30 July 28 MY 1— Dooember 31 January28 Annual Law M 1— December 31 January2s DMRs shall be submitmd for each required monitoring period including months of no disciarV_ 'lie pmmietee shalf make copies of the attached DMR form(s) and stall submit the completed DMR form(s) so the Dgaartmact's South District Office at the address specified in Permit Condition I.B. 7 by the twenty eighth MM) of the month following the mouth of operation. (62-620.610(18)1f62-601.300(f),(2) and Page 5 of Is FAcury: Monroe RegionalSevir ter PERMTF'�ER: FLA014703 PERMIT I%P-: Monroe Regional Ser-m ter PA FILL . E -- FLA014703-002 DW3P 2796 Overseas highway Marathon, Florida 33050 7. Unless specified otherwise in this permit,,all reports and other inf wmaWn required by this permit, atctudiag 244xxw notifications. shall be submitted to or reported to, as appropriate, the Department's South District Office at the address specified below: Florida Department of Environmental Proeertion Monroe Regional Service Center 2796 Overseas Highway, Suite 221 Marathon, Florida 33050 Phone Number - (305) 289-2310 FAX Number - (305) n9-2314 AM FAX copies shall be followed by original copies. All reports and other iarformation shall be signed in accordance with the n quimments of Rule 62-20305, FJLC. 142- 20.3051 EL RESIDUALS MANAGH1V104T RRQUBtEME VTS The method of residuals use or disposal by this facility is as follows: This fiwility participates in the 7rlaraoe County am -side residuals disposal program. The county contractor is haaft residuals to either Mism}-Dade Rgomai W WTP or the Broward County Regional W WTP via one of three residuals trants[rr statiorns. Note: V this fatality wishes to bmd apply roklua s In suite tlateuee the permittss avid nuke app&m im io slue 1) PO ea! for a a daor revision to penInk andlt Wm in scowdeaoe with F.A.G EWOL325Oxeic., prbr to any land appika ion. 2. Disposal of the perma'oo•s residuals directly to another wastewater ft=Mx at plant other thm what is stated in specific condition I dt 5 of this section shall require the; t 'I - - to generate the following documeaudon and submit to the Department a nntrtor revision to his permit for incorporation of same. a. Permitme shall enter into an agreement with the receiving wastewater treatment facility (Pprl'W or privately owned facility) authorizing the pennittee to dispose of the residuals into die oellearon transmission systmm of the W.W.T.P. b. PandOoe shall maintain agreements with the deseigoated W.W.T.F. for the dmation of this permit and provide the Deparment with an updated letter of aut onzatiam. Copies of the agreement: shall be (kept on fie by the pe mittee for review by the Department. c. If the permittae charrgses treatment platen or adds other treatment plants as disposal sites, the perminee shall nay the Department to reflect the change. A minor revision to the permit needs to accompany this chi along with the agreement authorizing the same. d. The permittoe shall develop a manifest that documents. by date and quantity, the sludge removed {runt the facility, and delivered to the POTW. The manifiest shall bear the original siguamas of rho authorized wpresmtatim of the POTW and the hauler who is contracted by the p mmd ee to haul the residuals to the POTW. Copies of these that manifest shall be kept on file for Department review. e A written agreement between the licensed (County and/or Departinertt of Health licensed) sludge hauler and the permittee shall be provided. This agreement shall document that the hauler aooepts legal -br7dy for proper docrrmentatioa, transportation to the POTW and proper disposal into the colkxdmft*=jhsioA system of the POTW- Proper documentation shall include a manifest for shipping and receiving with a teocipt copy retuned the permittee to keep on file for Department review. The paznittee will not be held responsible for violations resulting from land application of residuals if the permittm can demonstrate that it has delivered residuals that meet the parameter cotrroermrations and appropriate tirstruent requironents of this rule and the applies (e.g. hanks, contractor. site manager, or site owner) bus legally agreed in writing to accept responsibility for proper land application of the miduuals_ Such are agreement shall state that the applier agrees, upon Page 6 of 18 FAC -XrY: Monroe Regional SftVv—q5nW PERUTP'�ER: FLA014703 PE JAMI`Et: Monroe Regional Servi ter PA FH.1~ ER: FLA014703-002-DW3P 2796 Overseas Highway Marathon, Florida 33050 delivery of residuals that have been treated as required by Cbepter 6Z640, F.A.C., that he will acoept regmuU ity for proper land application of the residuals as:egum:d by Cbaptar 62-640, F.A.C., and dial the aWher agroes dial be is aware of and will comply with aqulrarrents for proper land application as descrribed is the facility's permit 162- 640A300(5), 3-30-981 4. Sbould the mainland WWTF nquire sludge analysis of residuals or *a hauling of residuals to the mainland W WTF jar dratment discontinue, the pamittx shall sample and analyze the residuals at least owe every 12 numbs. All samples shall be representative and shall be talon afbw final treatment of the residuals but before use or dispouL Sampling and analysis shall be is accordance with the U.S. Fanvi:ormaaaal Protwdm Agency publication - PM 2 Ind Anahvsis Guidance Docrmaent.1989. The following paranxbo shish be sampled and analyze: Paramatr r Ceiling Camoertrations is eve Application i.iraits Total Nitrogen (Report only) % dry weight Not applicable TotalPhosphays Mapiort may) % dry weight Not applicable Total Potascinta (Report only) % dry weight Not applicable Arsenic 75 mg&g dry watght 36.6 poumds/acre Cadmi m 85 nrg/kg dry we4* 34.8 panda lacre Copper 430f} =wIB dty weatlt 1340 pomtds/acm Lead 840 ttrgt dry weight 268 pounds win Maccwy 57 mgft dry weight 152 p x=Wacm Molybdemun 75 mgA g dry weight Not apghcable Nc1ce1 420 mWkg dry wilt 375 pomxWwm Selenium I00 mg ft dry weight 89.3 pam Wacre Zinc 7500 mg ft dry weight 2500 poundslaare PH Mgxx t only) standard unrits Not ale Total Solids (Report only) % Not applicable (62-b40.00(l), 62440.7WJ), 62-"0.7t7t)(3Xb). and 62-640.850(3), 3-30-95) Page 7. of 119 .FACa13Y: Monroe Regional ter P£RMI7" �R- RA0I4703 PERMI'I4&: Monroe Regional Srvtter PAFILL_ERR.AO14703-002 DW3P 2796 Overseas Highway Marathon, Florida 33050 S. The perrm c e shell keep hauling records to track the transport of rcn&uk between facilitK s. The hauling records shag contain the following information: mation: Monroe Regional Service Center VM7 I . Dace and Time Stripped 2. Amount of Residuals Shipped 3. Degree of Treatment (if applicable) 4. Name and ID Number of Key Larger, Long Key amd Cudjoe Key Transfer Stations Key Largo, Long Key and C tadjoe Key Transfer Stations I_ Date and Time Received 2. Amount of Residuals Received 3. Name and ID Number of Stance Facility 4. Signature of Hauler 5. Signature of Responsible Party at Key L80, Long Key and Cadjoe Key Transfer Stations These records shall be kept for five years and shall be made available for inspection upon mgtest by the Department. A copy of the hauling records inturnuaron maintained by the room facility shalt be provided upon delivery of the residuals to the Key Largo. Long Key and C u djoe Key Trams Stations. The pe mitfee shall report ro the Department within 24 boors of discovery any discrepancy in the qnn * of residuals leaving the soureee facility sad arriving at the Key L nV. Long Key and C adjoe Key Tmnfw Sh ions. (62440. W413-3t7- 1 6. Storage of residuals or other solids at the permitted facility shall require prKw wrifcen now to the Depsrunent if dre storage lasts longer than 30 days. 162-640.300(4), 3-30-981 Storage of residuals or odx r solids at the permitted facility shall require prior written notiScation to the Department. 162fi4O-M4)] III. GROUND WATER REQ[iIREKDM Constrotdost Requiriumuft Section Constriction Requirements is not applicable b this facility. apervidorud its Section Operaflonal Requirements is net applicable to this facility. N ADDITIONAL REUSE AND LAND APPLICA71ON RBQUIREM M Section Iv is not applicable to this facility. V. OPEB.ATION AND IC41N EXANCE RBQUIRIIVMM Dining the period of operation audrorized by this permit, the wastewaltr facilities shall be operated under the supervision of a(u) operatar(s) certified in accordance with Chapter 62-602. F.A.C. In aacaardarm with Chapter 62-99, F.A.C., this facility is a Category III. Class D facility aid, at a minima operators with appiroprisse em ifiution must be on the site as follows: A C3 D or higher operator for 3 nonoanaecartive visits/week for 1 12 hourslwwk. The lead operator most be a Class D operator, or higher. [62fi20.630(3)] 162-6993101 [62-610.4621 2. An operator meeting the lead oPMUM ciaswfacation level of the plant shall be available &wing all periods of giant operation. "Available" means able to be contacted as needed to inifuft the appropriate action in a timely manner. Daily checks of the plant shall be po formed by the pernuttoe or his representative or agent 5 days per week. On dKw days Page 8 of 18 .FACII13'Y: Monroe Regional sa-4 � ER: FLA014703 PE ItI rI JL�: Monroe Regional Serer. PA FHA. _ IIt: FLA014703-M DW3P 2796 Overseas IIrghway MWAII rII, Florida 33050 when the timlity is not staffed by a ccMfied operator, the pererufte shall ensure that Flow, pK Total Residual Chlorine (For D' ecxion) are monitored in accordance with Part I of this permit_ 162fi99 31l (I )l 3. When the three-month average daily flow for the most recant dv= consecutive months exceeds 50 parent of the permitted capacity of the treatment plant or reuse and disposal systems, due pamib= shall. submit to the Depamtrn nt a capacity analysis report This initial capacity analysis report shall be submined within 180 days after the last day of tlhe last month of the dueeo-momth period referenced above. The capacity analysis report shall be prepared in aeoordanne with Rule 624i00405. FAC. j62-iW 4O5(4)J 4. The application to renew this permit shall include a detailed operation and maintenance ce performance report prepared in accordance with Rule 62-600.735, F.A.C. [624M.735(i)1 5. The pamittme shall mamtam the following records and make them available for inspection on the site of the pergumd facility: a. Records of all compliance monitoring infurm� including all ca h adon and mahiafrxesne. records and all original strip chart recording¢ for coadiaaous monite,rarg nistrumentabon Ed a copy of the Isbpradoty certijUadon showing the emlFu udon number of the laboratory, for at least three years from. the date the sample or mess mocat was talon; b. Copies of allreports required by the permit for at least throe years fiche the date the report was prepared; c. Records of all data, including reports and documents, used to complete dw application for the permit for at least three years fr= the date the application was filed; d Monitoring n*rmation, including a copy of the hdwatamy oeEfiffU oah ShDWfflS the laboratory catt&=bW member, related to the murals use and disposal activities for the time period set South in Chapter 62440, FAG, for at least dum years from the dab. of sampling or measurement; e. A copy of the catrnemt permit; f. A copy of the can rent operation and maintenance manual as r+eq dre d. by Chapter W,-6W0 FAC.; g. A copy of the far hty record drawings; b. Copies of the licenses of the current certified operators; and i. Copies of the kV and schedules showing plant operations and a quipmeatt maintenance for throe years fiam the date of the logs at schedules. The logs shall, at a =Wm m, include identification of the plant; the sipmhstme and ce tificaticm member of the operators) and the signature of the praaau(s) making any entries; date and time in and out spexflie operation and mairmcnsrnce activities; teals parformed:<td samples taken; had mayor repaixa made The logs shall be maintained on -sift in a location accessible to 244wur inspection. protected from w mdlxw damage, and cummt to the last operation and maintenance performed. f62-620!3501 VL SCEIIWULES Section VI is not applicable to this facility. VU. INDIIS MIAL PRETREATMENT PROGRAM REQUMEMEN7S This facility is not required to have a pretreatment program at this time. f62-625 500J Page 9 of is FAC37.Fi'Y: Monroe Regional Senvi enter PERMIT FLA014703 PEItMTi"1`l Monroe Regional Serve ._.enter PA F L MF�R:' FLAOwn-o02-DW3P 2796 Overseas Highway Marathon, Florida 33050 VUL OTIIR SPECIFIC CONDITIONS 1. If the pennittee wishes to continua operation of this waseewa er facility afker the expiration date of this permit, the permitter shall submit an application for renewal, using Department Forms 62-620.910(1) and (2). no Later than one - lit and eighty days (180) prior to the expiration date of this permit. j67-620.410(5)l 2. Florida water quality criteria and standards shall not be violated as a result of any discharge or land application of reclinowd water or reaiduals from this facility. 3. In the event that the treatment facilities or equipmart no longer function as iniended, are no longer safe in to of public 1mmM and safety, or odor, noise, aerosol drik or ligh ttg adversely affects neighboring developed areas at the kwk praha it d by Rule 62-600-4(W2Ka). PAC. non ective action (which may istcltade additional maialemnce or wa1-6 diom; of the permitted facilities) shall be Udbm by the permitter. other corrective action may be ngtrirod to rower compliance with rules of the Department. Additionally. the ftvatmeat, mars art, use or Lad application of residuals shall not cause a violation of the odor pnoht'bitian in Rule 62-296320(2). FAC. f62.600.410(8) and 62- 64Q4OO(6)1 4. The deliberate introduction of sto4mwater in any amount into ' system designed mkly for the iatrvdnnctioa {and couv+eyance) of wastewater; a the delibxrate introduction of stormwater into cobectionftransaussion system designed for the introduction or conveyance of combinations of storm and wastmaw in amounts which wry reduce the eff dency of polhmtant removal by the tueatme w plenum a lxohr'biied, e=ept as provided by Rule WA10A72. F.A.C. 162.604130(3)1 5. system overflows shall be reported b the Depart in accordance with Permit Condition DL 20. [62-604.5501 [62-00.6y0(20)1 6. The operating authority of a col . system and the pa dnw of a Ueatmcat plant we prahlbited fro® sooepttng connections of wastewater discharges which have not received necessary pretreatment or which contain materials or pollutants (other than normal dowestic wastewater constitnatta): a. Which may cause fez or explosion hazards: or b. Which may cause ex6essiv . corrosion or other deovioration of wastewater fhcilities due to chemical action or pH keels; or c. Which one solid or viscous and obstruct Sow or otherwise interfere with wastewater facility operations or ; err d Which result in treatment plant discharges having temperaua es above 40°C. [62-6P4.130(4)] 7. The treatment fatality, storage ponds. rapid infiltration basins, andlor Wiltration trenches shall be enclosed with a fence or otherwise provided with feattsm to discourage to entry of animals and nium um mid persons. 162-00400(2Xb)1 S. Screenings and grit removed from the wastewater facilities shall be collected in suitable container; and hailed to a Dgmwbnentt approved Class I landfill or to a landfill approved by the Departmeat for receipt/dLsposaj of screenings and grit. 162-701.300(1 Xa)] 9. The perrnittce shall provide adequate notice to the Department of the fallowing: a. Any new irmnduction of pollutants into the fatality frnrn an industrial ditachargcr which wMW be subject to Chapter 403, F.S.. and the requireownts of Chapter 62-620, F.A.C_ if it were directly discharging those pollutants, and Page 10 of Is FACIIXrY: Monroe Regional Ser*--4�-znler ER: FLA014703 PERMiThM: Monroe Region[ Sergi. 1J..entw PA F L . ER- PLA0I47M-002-DW3P 2796 overseas iflighway Marathon, Florida 33050 b. Any substantial champ m the volume or character of pollutants being introduced into that facility by a son= which was identified in the permit application and known to be dischar&g at the time the permit was immed. Adequate notice shad include information on the quality and quantity of effluent introduced into the facility and any anticipated impact of the change on the quantity or quality of effluent or reclaimed water to be dicharged fieurn the facility_ (62-62a625(2)I EL GENERAL CONDMOI+NS 1. The tcrzas, conditions, requitearts, limitations and restrictions set forth in this permit we biadmg and anfanoeable pursu xxt to Chapw 403, Flondt Stattvhw. Any Permit nonoompliauce constitutes a violation of ChVW403, Florida Statutes, and is grounds Ear effamement action. permit termination, permit revocation and rciann oe or pezmit xeviskmL [62-620.610(]A 10-23-001 2. This permit is valid only for the specific processes and operations applied for and indicated in the appwvg d drawings or exhrbits. Any unauthorized deviations fim the approved drawinSk exhibits, specifications or conditim of this permit constitutespounds for revocation and enforcenient action by the Depa tin eat. [624W 610(2A 10-23 W1 3. ,As provided in Subsection 403.087(6). FS., the issitaxee of this permit does not convey any vested rights or any exclusive privileges. Neitbw does it authorize arty by y to public or private peopetty err any hrivAom of person[ rights, »or authorize any infiingntment of findexal, state, or local laws or tagdaiDsm This permit h not a waiver of or appmal of any other Depatment permit or aa> dmizatian Start any be required for ad= aspects of the total project vdtich are not addressed in this permit. (62.67Q610(3),10-23-001 4. This permit tonv6o no title to land or water, dons not constitute state mcognition or ada000wleeigment of title; anddoes not constitute authority for the use of submerpd leads unless haeia provided and the neeessin title or le dkAd interests have been obtained from the $lane. Only the Trusam of the hileras Improvement T'rast Pond miry expouess Static opinion as to title. 162-620.610(4j,10-23-001 5. This perunt does not relieve the peatnittoe fioaar liabxTity and penalties for harm or ixrjury to hnman-heaWnor vmtfara, sauna[ or planet W or properly carried by the construction or opers4oa of this permitted soured eta does it allow the perup►imee m cause pollution in eouiravemm of Florida Stag sad Department sales, apes specifically zmthamwd by so order from the Department The pennittoe shall tdm all reasonable steps to mmimize or present say disrba p, reuse of reckthned water, or residuals use or disposal in violation of this permit which has a reasmable lr7odihood of adversely affecting human health or the envirox meat. It sball not be a defense for a permim:e in anenWrcemeawtim that it woaxld have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit- 162-620.610(5), 10-23-W] 6. If the pamittee wishes to coadnue an activity regulated by this permit after its expiration date, the permitsee andl apply for and obtain it new permit. 162.620.610(6) 10-23-001 7. The pes mittee shall at all times properly, operate and maintain the facility and systems of treatment and oDimol, and related aWu tenances. that are irssadled and used by the perermittee to achieve compUamoe with the conditions of this permit. This provision includes the operation of backup or auxiliary ficildies or similar systems when necessary to nwritain or achieve compliance with die conditions of the permit 162-=610(7), 1a23-001 S. Tba permit may be modified. revolved and reissued. or tern mated for cause. The filing of a request. by the permittee for a permit revision. revocation and reissuance, or termination, or a notification of planned changes or ariiicipsead rroiacompBan= does not stay any permit condition. 162-62Q61a8). 1a23-0OJ 9. The perxnittee, by accepting this permit. specifically agrees to allow authorized Department paaoamel, Wading an authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation of Page 11 of 18 FACMNY: Monroe Regional Sexvjr � PE MrP�—E FLA014703 �: Monroe Regional Servi, . PA FII L Eli: F'LA014703-002 DW3P 2796 Overseas Highway Marathon, Florida 33050 credentials or other documents as may be required by law, and at nusonabie times, depending upon the nature of the concern being investigated, to: a. Enter upon the permitteee's pwmlisw where a regulated facility. system, or activity is located or conducted, or wbor+e records shall be kept under the conditions of this permit, b. Have access to and copy air}► records that shall be beet under the conditions of this permit; c. Inspect the facilities, equipmem>; practices, or operations regulated or re pacd wader this permit; and d. Sample or monitor any substances or pis at any location necessary to assure compliance with this permit or Department rules. ]62-aa610(9),-10-23-00j 10. In sccepting. this permit, tare permittee uode n tands and agrees that all records, notes, monhoring dock and other irrf wan'tion relating to the construction or operation of this permitted source which are su>bewded to the Deportment may be used by the Department as evidence in any a akircenrer t cast involving the persidtled soma artaing hcderae Fltrrida Statuses or Department rules. except as such use is proscribed by Section 403.111. Florida Saartes, or Rule 62-624.3M, Florida Admimsfradve Code. Such evidence shall only be used to the extent that it is consistent with the: Florida Rules of Civil Procedure and applicable evidentiary rules 162-620 610(IDA 10-23-W] 11. when requested by the Deparamatn, We perrmineee shall with a reraoaable time provide any informetiorh required by law which is deeded to detearmme vbcdzr Woe is cause for revises, revoadzigand rig. or wrmhaiidng this pew, or to dete>staine compliance with the perrmit. The pexmitteae shall also provide to the Department open re9+hmt ooQieas of records required by this permit to be bept If the p>erminee becomes aware of relevant Amu that orates not sat mided or woe hwwxect in the permit application or in my report to ere Depalment, swot facts of karma ion & A be prohmpdy suhnned or corrections parouq* reported to We DqartmenL ]6240 610(11) 10-23-M] 12. Unless spwifically stated otherwise is Department rules, the peamsinee, in accepting this permit. ergrers to comply with c6mgcs in DgWtmemt rules and Florida SMUes afkv a reasonable Um for compliance; provided, hoaevier. de pclots not waive Any other rights gMUted by Florida Statutes or De psatment tinier. A reaso able time far cougghum with a new or amended wrfsoe water quality standard. other Wan those rtandards addressed -in Rule 62- 302.500, F.A.C., shall include a reasonable time to obtain at be denied a mbarhg tome for the new or amended standand. (67.-620.610(121 10-23-M] 13. The permittee is accepting this permiL api'm to pay the applicable modator7► program and surveillance fee in accordance with Rule 62-4.052, F.A.C. [62-620.610(13), 10-23-00] 14. This permit is transferable only upon Department approval in accordance with Rule 52-620-W. FAC. The permitter shall be. liable for any nomeompliamm of the permitted activity until the transfer is approved by the Deparmmrht. (62- 62Q610(14), 10-23-00] 15. The permippee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility and shall specify what steps will be baleen to safeguard public ho th and safety during and foilowmg inactivation or abandonment. [62-620.610(l S), 10-23-M] 16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62-M.300, 62-620.42A or 62-620.450, F.A.C. as applicable, at ienst 90 days before cousbuction of any planned substantial moditieatioeas to the permitted facility is to commence or with Rule 62-620.3M for mirror modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62fi20.300, F-&C. r62-620.610(id), 10- 23-00) Page 12 of 1$ FACU-rfY: Monroe Regional Servi>* PERMI"►°^�ER: FLA014703 �: M� Rego Servi, � PA F 1-- _ ER: R A014703-002 DW3P 2796 Overseas Highway MaErathon, Florida 33050 17. The pe rmittee shall give advance notice to the Department of any Omned changes in the permitted facility or activity which may result in troncompliahcae with permit requirements. The pemer uaw shall be responsible for my and all damages which may result from tlhe changes and may be subject to enforcement action by the Department for pm dtm or revocation of this permit. The notice shall include the frsnowing information: a. A description of the anticipated noncompliance; b. The period of the anticipated noncompliance, including dates and times: and C. Steps bring tafaen to prevew future occurrence of the nonaomphauor. j62-2t ao(m 10-23-0iol 19. Sampling and monitoring data shag be collected and analyzed in aeowlance with Rule (4r4:246, Chapter 62-160 and 62- 601. F.A..C., and 40 C FA 136, as approp date. a. Monitoring results shmH be reported at the intervals specified elsewhere in this permit and shall be reporieed on a Discharge MO*oring Reports AMR), DEP Form 62 O910(lb). b. If the pe rmittee monitors any conu4arninant moue ireque ntly than required by the permit, us* Depertme nt „ppm`„d test procedures; the results of this monitoring shall be included in the calculation and rePm tg of fee data mftd ed in the DMR. c. C alarlations far all limitations which require avemeng of metes shall use an die mien uealess otherwise Specified in this permit. d. Amy Idmatory test mgtrmcd by this permit s>iali be performed by a laboratory tend has bees certified by the Departnnent of Healdh (DOH) under C lhaptea• 64E-1, FA.C.. where sate lion is roquitrd by Rule 62,160300, F.A.C. For domestic wastewater faciliti;M the on -alto test growdu res gmcxW in Rule 62-160300(4), FACT, shall be pe fix med under the diriection of an opera w certified under chapter 62.w2, FAC. e- Under Chapter 62-160, F.A.C., field procedures for ""WI` collection and labaratarfy methods shall be pafonned by fallowing the protocols described in DEP-WP-001101 (January 20M). Alternate Sold p medmrs and laboratory methods may be used caber a they have been approved according to the negvirements of Ruks 62-160.2X 62,160.330, and'62-160.600,F.A.C. 19. Reports of compliance or noncompliance with, or any progress reports on, interim and final mquireineuts eoiftined is any compliance schedule detailed elsewhere in this permit shall be submitted no !afar than 14 days folbwirg each sche:derledate. 162-620.6I0(19), 1a23-W] 20. The permiuw shall report to the Department tme nt say nano mVhanm which may endanBer health or the environment. Any i aim amnion shall be: provided orally within 24 hours from tine time the peanaittee becomes aware of the dmmnWoes. A written submissi6 n shall also be provided within five days of the time the pahmittee becomes aware of the . The written submission shall contain: a description of the noncompliance and its cause; the period of noncompliance including exact dates and time, and if the DOncomPliaum has not been corrected, the continue; and steps taken or planned to reduce, eliminate. and prevent recurrence of the noncompliance. m a. The following shall be included as isdor madon which mast be reported within 24 hours under this condition: Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit limituion or re s Its in an unpe witted discharge, 2. Any upset which causes any reclaimed water or the efiiuem to exceed any limitation in the permit, Page 13 of IS FACIl.MY: Momve Regional Sava Can FR: FL A0I4703 PERM1T")'BE: Monroe Regional Seri PA FLAOI4703-M-DW3P 2796 overseas Highway Marathon, Florida 33050 3. Violation of a maxinnum daily discharge h initatlon for any of the pollutants spodficaily listed in the peiuit for such notice, and 4. Any unauthorized discharge to surface or ground waters. b. For releases or spills of treated or untreated wastewater, unless am crazed elsewhere in this permit, oral notifications as regmrW above shall be provided Ming the following procedures: 1. For unauthorized releases or spills in excess of LOW gallons per incident, or where public hedthe or the eaviroerannt may be endangered, to the STATE WARNING POINT TOLL HUM NUWMM (g110) 320-M 19, as soon as practical, but no later thaw 24 hours firm the time the permittoe beooi aware of dwdbdtwgc. The permitter, to the extent known, shall provide the following idmmaatiou to the Stain Warning Paint: a) Name. address, and oclephone number of person reporting. b) Nsme, address. and orkphone number of permitroe or responsible person for the discharge. c) Daft and time of the discharge and stapes of discharge (ongoing or cased). d) Characteristics of the wastewater spilled or released (unstated or treated, industr W or domestic wastewater). o) F,atimmd =Duet of the discharge. f) Location or address of the discharge. g) Source and cum of the discharge. h) Whether the discharge was contained on -site, and cleanup echoers taloea to date. i) Description of area af%cted by the discharge, including name of wader body affected, if any. j) other persons or agencies aontaebmi 2. For unatAboriaed releases or spills of I,00Q gallons or less, per mcidna. oral repots shall be provided to the De parttnent within 24 hours firm the tinge the permimee beoomes awsm of the dischurge, c. if the oral report has been received within 24 homT, the noncaripliianoe has been corrected, and the nomoa>pEmm did not endanger health or the eavu onment, the Department dhan waive the wntten report. j62-620. 610(20).10-23-001 21. The pezmince shall report all instances of noncompliance not reported under Permit Conditions tK. 18. and 19. of this p=* at the time monitoring reports are submitted. This report shall contain the same iiftmation regmred by Permit Condition iX. 20 of this permit 162-620610(21) 10-23-001 22. Bypass Provisions. a. Bypass is prohibited. and the Department may talc a nformnent action against a permittee for bypass, unless the pexraittee affamatively demonstrates that: 1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; mid 2. Thew ware no feasible: alternatives to the bypass, such as the ace of &=Mary treatment facilities, mftr ttou of untmted wastes, or maintenance during normal periods of equiptocat downtime. This oondition is not satisfied if adequate back; W equipment should have been it MW in Ste eXMM of reasonable utg w ring judgm= to prevent a bypass which occurred during normal periods of egtdpment downtime or prevemvae maintenance; and Page 14 of 18 FACR ITY. Monroe Regional Servia� PIIZNMEE: Monroe Regional Servti 2796 Overseas Highway Marathon, Florida 33050 X. dBER: FL A014703 PA FRI- E - FIA014703-M DW3P I The mrattee submitted notices as required a ndw Permit Condition IX 22. b, of this permit. b. If the pawaittee lmows in advance of the need for a bypass, it shad submit prior notice to the Departmtat, if possible at least 10 days before the date of the bypass. The peremittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in Permit Condition IK 20. of this permit. A notice shall iociude a description of the bypass and its cam, the period of the bypass, including enact data and times; if the bypass has mot been correc.'oed, the anticipated time it is expected to condone; and the steps taken or planned to reduce, el'etninaft and prevent recurrence of the bypass. c. The Departmaax shall approve an subcgm to d bypass, after considering its adverse dfi=4 if the pensium demionsirmes that it will meet the three conditions lisped in Permit Condition IX 22. a. 1. du+ough 3. of this permit. d. A permitim may allow any bypass to occur which does not came n rls®ed water or cdffl lions to be exceeded if it a for essential mairtenimioe to assume efficient operation. Tbese bypasses are not subject to the provisions of Permit Condition DC. 22. a. through c. of this permit [62-62t7 610(22), 10-23-00] 23. Upset Provisions A. A permute wl w wishes to establish the aftirmativ�e defonse of upset shall de�sbaW drrough properly signed crmsemperaneous opcnd* logs, or other relevant evidence that: 1. An upset occ cared and that fire p =dtt+ee can identify the cause(s) of the upset; 2 The permitted facility was at the time being propedy operated; 3. The permiJthe submitted notice of the upset as requi red 1:1 Prsmit Coemiition D7L 20, of this permit; and 4. The pezrwttee connplied with any rmiedial noeaswes required under Permit Condiri m 1X. 5. o f this permit. b. in any enforcement nt proceeding: the burden of proof for esablisdgg the 000urren ce of am upsetmiti with the PMM*Aer- c. Before an enforce xm t proceeding is instiazted, no represcatafion made daring the Deparknemt review of a dWm &a noneomplianoe was caused by an upset is final agency action subject to judicial review. [62-620.610(231 1 Q23- W] iigj wdon Wells: gong Criteria (a) The terms -c:ondamx, requirements, tinifttions and restrictions set fath m this permit are 'permit conditions* and are binning and enforceable pe amun t to section 403.141, FS. (b) This permit is valid only for die specific processes and operations applied for and indicated m the approved drawings or exbibvtL Any rmmu ftwtvd deviation fi-om the approved drawings, exhibits, specificstitons, or conditions of this permit may constituse grounds for revocation and enAwceme t action- (c) As provided in subsection 403.087(7). F.S., the issuance of this pwnit does not convey any vested rights or a ck sive privileges. Neither does it authori= any injury to public or private~ property or any invasion of personal riots, nor hihmanOent of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Depwtmem permit that may be required for odor aspects of tine total project which ate not add mued in this pemiL Page 15 of is FACII.Ti7: Monroe Regional Servur`'�enter PFRIk41TTEE: Monroe Regional Serer. leattfr 2796 Overseas Highway Marathon, Florida 33050 PER1ArPER: FIA014703 PAFU.1=.-_ EP— RM]4703-002 DW3P (d) Thig perunit conveys no title to land, water, does not Mute State recognition or acYruowledgwrnmt of title, and does not constitute authority for the use of submerged lands unless Mein provided and the necessary tide air kmebold irttaests have been obtained hewn the State. Only the Trustees of the Internal Improvanot Trust Fund may cWess State opinion as to titles (e) This permit does not relieve the permittee foam liability for harm to human health or welfare, aniuml, or plant life, or property caused by the construction or operation of this permitted source. or fircum penalties therefiom; mr does it allow the permitter to cause pollution in contravention of Florida Stages and Department nib=, unless Willy authorized by an orderer from the Dq met. (f) JIM pern teen shall properly Operate and maintain the facivity and systems of treatm= and control (Ana related sppuiteumces) that are installed and used by the permittee to achieve coq iance: with the conditions of ft permk or am rtequured by D putmeat ruk& This proviumt includes the operation of beciatlu or awdlimy facilspes or similar systems when necessary to achieve compliance with the corAtions of the permit and when requu6ed by Department rules. (S) The Pamitace• by g this paink specifically agrees to allow authod Depdrtn cot pe rsow=4 upon presentadan of enmleumials or other docrme nts as may be required by late and at nmouable times, access to the premises where the permitted activity is Iodated or conducted to: 1. Have access to and copy any records that must be kept Mier conditions of this permit; 2. Inspea the facility, egadpme:mt, practices, or % ratiooes regulmcd OF re qm nd under this permit; and 3. Sample or monitor any substances or parameters at any kcation reasonably neoeaaay to attars compHance with this permit or Department nales. Reasonable time will depend on the nature of the concern being hrvrgbpji d. (h) If. for any reasm the permittee does not o=Wly with or will be unable to comply with any audition or limitation gwified in, this permit, the permutes shall umnediirely provide the D%=Mxat with the following information; 1. A description of and cause of noncompliance; and 2. The period of notrcornguliauce, MChKlwg dates and times: or. if not corrected the anticipated time the noacoutpliaruce is expected to eot>tatandsty>s bong fakeer to reduce, eliumaate; and prevent the ratareuoe of the noncompliance. The permittee shall be nnponsibk for any and all damages which may result and may be subject to enforcement action by the Dement for penalties or for reevocation of this pOEML (i) In accepting this permit, the permittee mWmtamds and agrees that all records. notes, moutitorimg data and other information relating to the construction our operation of this permitted aareneae which am submitted to the Dot may be used by the Departmant as evidence in any enforcement case involving the permitted source arising larder the Flar ids Stsmtes or Department rules, except where such use is piuscribed by sections 403.111 and 403.73, F.S. Such evidence shall only be Used to the extent it is consistent with the Florida Rules of Civil Procedure and apptoprism cvidemtiuy ruks. (j) The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for oompliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. (k) This permit is transferable only upon Department approval in accordance with rules 62-4.120 and 62 528.350. FAC. The permittee shall be liable for any non -compliant of the permitted activity until the tramesfer is alrp roved by the Department. (1) This permit or a copy thereof shall be kept at the work site of the permitted activity. (in) The pcnWtkee shall comply with the following; Page 16 of 18 FACILrrY: Monroe Regional Servi� P "i tz: Monroe Regional Serve 2796 Overseas sway Marathon, Florida 33050 PERMP-JAMOL R A0I4703 PA FILL F.R: FIAOI4703.002-DW3P I- ilpon suluest, the peamitbee shall furnish all records and plans required under Dqartmew rules. During enforcement sex OM the retention period fa ail records shall be extended automatically unless the Department determines diet the records arc no longer required. 2. 7be permittee shall hold at the facility a other location deeWumA by this permit records of all monitoring information required by the permit. copies of all reports required by this permit, and records of all data used to complete floc application for this permit. These nmft lab shall be retained at least throe years from the date of the sample, measurement, report, or application unless otherwise specified byDepartment e 3. Records of monitonng itr5asmat ion shall mckide: a. the dace, exact place. and time of sampling or meats; b. the perm rcgxmmble for performing the sampling or maw; C. the of analyses was perfa'med; d. the person responsrble for perfag the analyses; ew the analytical techniques or nrdhods used; f. the results of such analyses. 4. The pramittee shall furnish to the Department, within the titre requested in writin& any fifformatim winch the Department nx}nests to determum whether cause exists for modifyin& revering and reissuing. or terminating this permit, or to ddarnorre compliance with this permit. 5. If the permitme becomes aware that ralcvard faits were not submitted or were incorrect in the permit application or in -any report to the Department, such facts our information shall be corrected promptly. (n) All applications, reports, or iudormaeion required. by the Department shall be certified as being hue, accurate, and CMWICIC. (o) Reports of coal #imm or armcompliance with. or any propess reports on. raquLmnients contained in any comphatim schedule of this permit shalt be submitted no later than 14 days mowing each scheelplod date. (p) Any permit noncomplume coustitrrtes a violatiem of the Safe Dranl®g Water Act and is pounds for ea6oaoememt action; for permit termination, revocation and reissuanee, or moditrcatioa: or for denial of a permit renewal application. (q) It shall not be a defense for a permittee in an enforcement action dud it would have been noce ssary'to halt or reduce the. permitted activity vity in order to maintain oomplianoe with the conditions of thin permit. (r) The perimimee an& take all reasonable steps to mnm mi a or correct nay adverse impact on the a nviroameant r okwg from noncompliance with this permit- (s) This permit may be modified, revoked and rcis md, or terminated for cause, as provided in 40 GFR sections I44.39(a), 144AO(a), and WAI (1994 The filing of a request by the permiuce for a permit modific mdmk revocation or reissuance, or termination. or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. (t) The perm um than give advance notice to the Department of any planned changes in the perakitted facility ar injection activity which may result m noncompliance with permit requirements— (u) The perunttee shall report any noncompliance which may endanger health or the environment including. 1. Any monitoring or other information which indicates that any contaminant may cause an endaagernwnt to an underground source of drinking water; or 2. Any norncamplianee with a permit condition or malfunction of the uVect on system which may cease fluid u dgration into or between underground sources of dr v dng water. Any information shall be provided orally within 24 hours Sear the time die permittoe becomes aware of the cam. A written submission shall also be provided within 5 days of the time the pexmittee becomes aware of the cmanstances. The wrMen submersion shall contaim a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if Page 17 of 19 F A.CMWY. Monroe Regional - FIA014703 PIIFM -fbgs: Monroe Regional PA F1Llr ER: FLA014703-002 DW3P 2796 Ovoerwas Highway Marathon. Florida 33050 the noncompliance has not been corm. the anticipated time it x expected to 0ant mue, and the step taken or planned to reduce, etiminate, and prevent reoccurrence of the aon�mrplianca (v) PWW operation and maintenance includes effective performawe, adequate fimding, adequate operator =Mug and trarmn& and adequate laboratory and process Controls, including appropriate quality as=== pvocedureL (w) No underground injection is allowed that causes or allows movement of 8nid into an tmdeSwurd source of drinking water if such Said movement may caner a violation of any primary drinldng water standard or may oho wne adversely of wt the health of persons. 2. Signatories and Certification Requirements (a). All reports and other submtmis requited to comply with this permit:hail be signed by a person authorized under Riles 62�528.340(1) or CA F.A.C. (b). Im accordance with Rule 62-52$.340(4), FAG, all Mports shall contain the foAowing lion: " I certify under penalty of law that this document and all attachments ware ps+epw under my direction or sups va mt in accordance with a system designed to assure that qualified persouad properly pthei and a mnate the infixma lion submitted. Based upon my *ub7 of the }►anon or pestwas who =map the system or those persona directly regwnsil* for gatharmg lire information, the iinfasmadan atmined is, to the best of my lcrtywledge and bed trae, accurate and complete. I am aware that theme we ant penalties for sibmwn fake in6mmatlao. undo I" the pow -Why of -fine mil, g " t for bowing violations." 3. In the event a well must be pluggod or abemdoned, the pern u tee shall obtain a permit frosty the Department as required by Sections 62-528.625 and 62-528.645. FAC. 4. The permittee shall notify the Department rtaent and obtain approval pniar to any well wont or modi6cc adorn 5. The permium is rcmhm& d of the necessity to comply with the pertinent re;guldioos of any other regulatory agency, U troll as any county, mealand federal tapixtions appbcab1e to the project Thee regdnbms nay inchWebut are not Holed to, those of the. Federal F.mwpncy Msmagement Agency in impihmeating Good control mean This permit should not be consumed to imply compliance with the roles and regulations of other mvdmwq agencies. Executed in Fort Myers, Flodda. RWGIRS/cap STATE OF FL MWA DEPARTMENT OFENVIRONMENTAL PROTECTION ITE 11r. 77 - UKI�7 Director of District Management err. M nl� Page l8 of 1$ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Facilities Maintenance Staff Contact Person/Phone #:John W. King/292-4531 AGENDA ITEM WORDING: Approval of a Lease Agreement with Early Learning Coalition of Miami-Dade/Monroe to provide office space at the Gato Building, 1100 Simonton Street, Key West, FL ITEM BACKGROUND: Due to previous staff reductions, there was available office space in the Gato Building. In 2009, The Early Learning Coalition of Miami-Dade/Monroe proposed to lease four hundred and thirty-four square feet of this vacant office space for one year to administer school readiness and voluntary prekindergarten programs. This lease has been satisfactory for both parties and The Early Learning Coalition of Miami-Dade/Monroe requested a three-year lease at this time, but due to space planning initiatives, they have agreed to another one-year lease for this office space. PREVIOUS RELEVANT BOCC ACTION: At the June 17, 2009 BOCC meeting, the BOCC approved a one-year agreement with The Early Learning Coalition of Miami-Dade/Monroe for office space. Prior to the June 17ffi approval on January 28, 2009, the BOCC approved at the same location a lease with Southernmost Homeless Assistance League. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: -0- INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year $ 21,791.14 APPROVED BY: County AnY,7,( OMB/PurchasingOMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 1/09 AGENDA ITEM # M E M O R A N D U M DATE: June 10, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — July 21, 2010 BOCC Meeting Lease Agreement for Office Space at the Gato Building The Early Learning Coalition of Miami-Dade/Monroe Due to staff reductions during 2008 - 2009, the Gato Building had available office space. In 2009, The Early Learning Coalition of Miami-Dade/Monroe proposed to lease four hundred and thirty- four square feet of this vacant office space for one year to administer school readiness and voluntary prekindergarten programs. On June 17, 2009, the BOCC approved a one-year lease. The lease has been satisfactory for both parties and The Early Learning Coalition of Miami-Dade/Monroe requested a three-year lease at this time, but due to space planning initiatives, they have agreed to another one-year lease for this office space. I hereby request approval of this three-year lease agreement with The Early Learning Coalition of Miami-Dade/Monroe to commence July 1, 2010 and terminate June 30, 2011. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Early Learning Contract # Coalition of of Miami-Dade/Monroe Effective Date: July 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Lease Agreement with Early Learning Coalition for office space in the Gato Building, Key West, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/21/10 Agenda Deadline: 07/06/10 CONTRACT COSTS/REVENUE Total Dollar Value of Contract: $ 21,791.14 Current Year Portion: $ 5,447.79 Budgeted? Yes X No ❑ Account Codes: - Grant: $ N/A County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In NeededReviewer Division Director _ P� C / I Yes[:] No[] Risk Manag ent 1 I • I V Yes❑ No O.2VI.B./Purc sing 0. Yes[:]No County Attorneys Yes❑ No Comments: JMB Form Revised 2/27/01 MCP #2 Date Out lie &I LEASE AGREEMENT This Agreement is made and entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, (COUNTY or the LESSOR), and Early Learning Coalition of Miami- Dade/Monroe (TENANT or the LESSEE), a non-profit corporation incorporated in the State of Florida, whose address is 2555 Ponce de Leon Blvd., 5th Floor, Coral Gables, FL 33134. WHEREAS, the BOCC leases premises to other governmental agencies and not -for -profit organizations servicing the County community; and WHEREAS, the Early Learning Coalition of Miami-Dade/Monroe has requested use of County office space; and WHEREAS, the Early Learning Coalition of Miami-Dade/Monroe provides school readiness and voluntary prekindergarten programs; and WHEREAS, the COUNTY owns an office building known as the Gato Building at 1100 Simonton Street, Key West, Florida; and WHEREAS, the Gato Building has a number of vacant offices due to the reduction of the County workforce; and WHEREAS, the BOCC has determined that is in the best interests of Monroe County to lease unused office space at the Gato Building; NOW THEREFORE, IN CONSIDERATION of the promises contained herein the parties agree to the following: 1. PROPERTY. The COUNTY leases exclusively to the LESSEE 434 square feet of office space; offices 1-201, 1-204, and 1-205 in the Gato Building and which is shown on Exhibit A, hereafter the premises. Exhibit A is attached and made a part of this Agreement. 2. TERM. The term of this Agreement is for a period of one year beginning July 1, 2010 through June 30, 2011. LESSOR may, at its sole discretion, approve a request from LESSEE to renew the term of this lease for (1) one additional (1) year period upon submission, at least 30 days priors to the termination date of the initial term, of a written request by LESSEE to renew the term of this Lease Agreement. If LESSOR approves the renewal request, such renewal shall be upon the same terms and conditions contained in this Agreement. 3. USE AND CONDITIONS. The premises shall be used solely for the purposes of coordinating the delivery of school readiness and voluntary prekindergarten programs in Monroe County. If the premises are used for any other purpose, the COUNTY shall have the option of immediately terminating this Agreement. LESSEE shall not permit any use of the premises in any manner that would obstruct or interfere with any COUNTY functions and duties. Early Learning Coalition - 1 - May 2010 The LESSEE will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The LESSEE will not use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. These covenants of the LESSEE shall also be binding on the use of the personnel, volunteers or clients of LESSEE in accessing any common areas of the Gato Building. No signs of any kind will be permitted on the external fagade of the building or in the parking lot. A sign no larger than 8 1/2 " X 11" may be posted at the entry door to the premises. 4. RENT. For the use of the premises, the LESSEE must pay the COUNTY the sum of $21,791.14 per year, for 434 square feet of office space at $50.21 per square foot, which rental sum is due in monthly installments on the first day of the month payable in advance, at $1,815.93 per month. The twelve monthly payments shall be remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. A late charge in the amount of $100.00 will be charged for each Lease Payment made more than five (Q days after the date it is due. a) Additional consideration from each party: Utilities Electricity, office maintenance, office cleaning, and local phone calls will be provided by LESSOR at no additional cost to LESSEE, unless the occupation of the premises has a significant impact on any of such costs to LESSOR, in which case the parties will either renegotiate the consideration or mutually terminate this agreement. LESSEE shall be entitled to use the common areas of the Gato Building, including conference rooms, bathrooms, lobby and other common areas incidental to the purpose of their occupancy of the premises. 5. TAXES. The LESSEE must pay all taxes and assessments, including any sales or use tax, levied by any government agency with respect to the LESSEE's operations on the premises. If at any time after any tax or assessment has become due or payable, the lessee, or its legal representative, neglects to pay the tax or assessment, LESSOR shall have the option of paying the tax or assessment and the amount paid by LESSOR shall be deemed to be additional rent for the leased premises, due and payable IN FULL by the LESSEE. Upon payment of the tax or assessment by the LESSOR, LESSOR shall provide written notification to LESSEE that the tax or assessment has been paid and the full amount of the payment shall be due and payable with the first monthly rental payment following notification. 6. INSURANCE. LESSEE shall, throughout the term of this lease, maintain general liability insurance in a minimum amount of Three Hundred Thousand Dollars ($300,000.00); vehicle liability insurance in a minimum of Three Hundred Thousand Dollars ($300,000.00); and worker's compensation insurance for bodily injury or death to any one person or number of persons in any one occurrence in an amount Early Learning Coalition - 2 - May 2010 not less than One Hundred Thousand Dollars ($100,000.00) unless waived or modified by County Risk Management per Administrative Instruction 4709. The insurance policy (or policies) shall name Monroe County as an additional insured. The LESSEE must keep in full force and effect the required insurance during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this lease are canceled, terminated or reduced in coverage, then the LESSEE must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the COUNTY whenever acquired or amended. LESSOR shall maintain all-risk property insurance on the GATO Building, including the premises, for an amount equal to the full replacement cost therefore. In the event of a casualty that renders the premises unable to be used for the purposes set forth in section 3, for a period of thirty (30) days or longer, either party shall have the right to terminate this Lease upon ten (10) days written notice to the other party. 7. CONDITION OF PREMISES. The LESSEE must keep the premises in good order and condition. The LESSEE must promptly repair damage to the premises caused by LESSEE, its employees, agents or invitees, and specifically excluding normal wear and tear and damage attributable to a casualty. At the end of the term of this Agreement, the LESSEE must surrender the premises to the COUNTY in the same good order and condition as the premises were on the commencement of the term, normal wear and tear excepted. The LESSEE is solely responsible for any improvements to land and appurtenances placed on the premises. 8. IMPROVEMENTS. No structure or improvements of any kind shall be placed upon the land without the prior approval in writing by the County Administrator nor shall any structure or improvement of any kind be placed upon the land without a building permit issued by the COUNTY or any other agency, federal, state or local, having jurisdiction. Any such structure or improvements shall be constructed in a good and workmanlike manner at LESSEE's sole cost and expense. Subject to any landlord's lien, any structures or improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole cost and expense, by midnight on the day of termination of this Agreement or extension hereof, and the land restored as nearly as practical to its condition at the time this agreement is executed unless the Board of County Commissioners accepts in writing delivery of the premises together with any structures or improvements constructed by LESSEE. Portable or temporary advertising signs are prohibited. LESSEE shall perform, at the sole expense of LESSEE, all work required in the preparation of the property or premises hereby leased for occupancy by LESSEE; and LESSEE does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of LESSEE. COUNTY reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements as COUNTY, in its sole discretion, deems necessary. Any adjustments shall be done at LESSEE's sole costs and expense. Any building permits sought by LESSEE shall be subject to permit fees. Early Learning Coalition - 3 - May 2010 9. IDEMNIFICATION/HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the LESSEE shall defend, indemnify and hold COUNTY and 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 in connection with a violation of any federal, state, or local law or regulation, attorney's fees and costs, court cost, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of LESSEE or any of its employees, agents, contractors, or other invitees on the leasehold premises during the term of this Agreement, (B) the negligence or willful misconduct of LESSEE or any of its employees, agents, contractors or other invitees or (C) LESSEE'S default in respect of any of the obligations that it undertakes under the terms of this Lease Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expense arise from the intentional or sole negligent acts or negligent acts in part or omissions of the LESSSOR or any of its employees, agents, contractors or invitees (other than LESSEE). Insofar as the claims, actions, causes of action, litigation, proceedings, cost or expenses relate to event or circumstances that occur during the terms of this Lease Agreement, this section will survive the expiration of the term of this lease or any earlier termination of this lease. 10. NON-DISCRIMINATION. 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 Lease Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. LESSEE agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Early Learning Coalition - 4 - May 2010 Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease Agreement. 11. TERMINATION. This Agreement may be terminated at the discretion of the COUNTY in the following circumstances: a) Lessee fails to pay the rent when due and fails to cure same within 5 days following written notice from LESSOR. b) Lessee fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required. C) Lessee otherwise breaches the terms of this lease. Unless the COUNTY has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this agreement. In the case of default/breach, the COUNTY shall first give LESSEE a written notification stating the default/breach and that Lessee has ten (10) days to correct the default/breach. If the Lessee has not commenced correction of the default/breach at the end of the 10 days, then the COUNTY may terminate the lease in its discretion. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this Agreement, the COUNTY shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the COUNTY to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. The COUNTY may in its discretion treat the LESSEE in default and terminate this Agreement immediately, without prior notice, upon failure of LESSEE to comply with any provision of this Agreement. This Agreement may be terminated by COUNTY if and when, for any reason its controlling lease is terminated by the State, upon provision of reasonable notice. LESSEE may terminate this Agreement upon giving thirty days prior written notice to COUNTY. 12. DEFAULT. LESSOR'S right to repossess, operate, or sublease: If the rental reserved by this lease or other charges to be paid under this lease by LESSEE, or any part of this lease, are not paid when due and remain unpaid for a period of 10 days after notice in writing, or if LESSEE fails to promptly perform any covenant, condition, or agreement by it to be performed under this lease and such failure shall continue for a period of ten (10) days after notice in writing specifying the nature of such failure, or if LESSEE abandons the demised premises, or if LESSEE breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, LESSEE shall be deemed to be in default and LESSOR, without further notice may at its option take possession of the leased premises, including all improvements and fixtures and equipment located at, in or about the premises. By legal proceedings, LESSOR shall take, operate, or sublease the premises, in whole or in part, for the account of the LESSEE as the LESSOR in good faith may deem proper, for a term not exceeding the unexpired period of the full term of this lease. LESSOR shall receive all proceeds and rent accruing from such operation or subleasing of the leased premises or fixtures and equipment. LESSOR shall apply these proceeds first, to the payment of all costs and expenses incurred by the LESSOR in obtaining the possession of, and the operation or subleasing of the premises or fixtures and equipment, including reasonable attorney's fees, commissions, and collection fees, and any alteration or repairs reasonably necessary Early Learning Coalition - 5 - May 2010 to enable the LESSOR to operate or sublease the premises or fixtures and equipment; and second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the LESSOR to the LESSEE, shall be paid over to the LESSEE at the expiration of the full term of this lease or on the sooner termination of the lease by written notice of termination. Repossession or subleasing not a termination; LESSOR'S right to terminate not forfeited: no Repossession, operation, or subleasing of the premises or of fixtures and equipment shall be construed as an election by the LESSOR to terminate this lease unless a written notice of such intention is given by the LESSOR to the LESSEE. Notwithstanding any such operation or subleasing without termination of this lease, the LESSOR may at any time after that elect to terminate the lease in the event that the LESSEE remains in default under this lease. LESSEE'S obligation to pay deficiencies: in the event of the proceeds of rentals received by the LESSOR under the provisions of this Section are insufficient to pay all costs and expenses and all amounts due and becoming due under this lease, the LESSEE shall pay to the LESSOR on demand such deficiency as may occur or exist. LESSOR'S right to terminate lease: In the event of LESSEE'S default beyond any applicable notice and cure periods, LESSOR may, at its option without further notice, terminate this lease and all interest of LESSEE under this lease, and may then take possession of the leased premises by legal proceedings. LESSOR'S right on termination to recover amount equal to rent reserved: If this lease is terminated by the LESSOR by reason of any default by LESSEE, LESSOR shall be entitled to recover from the LESSEE, at the time of such termination the excess, if any, of the amount of rent reserved in this lease for the balance of the term of the lease. LESSOR'S remedies are cumulative: Each and all of the remedies given to the LESSOR in this lease or by law are cumulative, and the exercise of one right of remedy shall not impair its right to exercise any other right or remedy. 13. DEFAULT -WAIVER. The waiver by the LESSEE or the COUNTY of an act or omission that constitutes a default of an obligation under this Agreement does not waive another default of that or any other obligation. 14. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the COUNTY's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the LESSEE and the COUNTY. 15. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and the COUNTY, whether in effect on commencement of this lease or adopted after that date. 16. GOVERNING LAWS/VENUE. This Agreement is governed by 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 Lease Agreement, the LESSOR and Early Learning Coalition - 6 - May 2010 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 Lease 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. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSEE and the COUNTY. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 18. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: LESSEE County Administrator Early Learning Coalition of Miami-Dade/Monroe Roman Gastesi, Jr. Evelio Torres 1100 Simonton Street President and CEO Key West, FL 33040 2555 Ponce de Leon Boulevard. 5th Floor Coral Gables, Florida 33134 19. RELATIONSHIP OF PARTIES. LESSEE is, and shall be, in the performance of all works, services, and activities under this Agreement, an independent agency, and not an employee, agent or servant of the BOCC. LESSEE shall exercise control, direction, and supervision over the personnel and volunteers who use the premises. LESSEE shall have no authority whatsoever to act on behalf and/or as agent for the BOCC in any promise, agreement or representation other than specifically provided for in this agreement. The BOCC shall at no time be legally responsible for any negligence on the part of LESSEE, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 20. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 21. RIGHT OF INGRESS AND EGRESS. Lessee, its agent, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the lease premises, which shall not be unreasonably restricted by the COUNTY. 22. RIGHT OF INSPECTION AND REPAIRS. LESSOR shall have access to the premises, and each and every part thereof, during LESSEE'S regular business hours for the purpose of inspecting the same, making repairs, and posting notices that LESSOR may deem to be for the protection of the LESSOR or the property. 23. AMENDMENTS TO BE IN WRITING. This lease may be modified or amended only by a writing duly authorized and executed by both LESSOR AND LESSEE. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both LESSOR AND LESSEE. Early Learning Coalition - 7 - May 2010 24. HOLDING OVER. No holding over and continuation of any business of the lessee after the expiration of the term hereof shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the LESSOR defining the length of such additional term. Any holding over without consent of the LESSOR shall be considered to be a day-to-day tenancy at a rental of three times the daily rate of the fixed minimum monthly rental provided herein, computed on the basis of a 30-day month. 25. ENTIRE AGREEMENT. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 26. SEVERABILITY. If any term, covenant, condition or provision of this Lease 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 Lease Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Lease 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 Lease Agreement would prevent the accomplishment of the original intent of this Lease Agreement. The LESSOR and LESSEE agree to reform the Lease Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 27. 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 Lease 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. 28. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Lease Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives, successors, and assigns. 29. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Lease Agreement have been duly authorized by all necessary County and corporate action, as required by law. 30. 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 Early Learning Coalition - 8 - May 2010 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 Lease Agreement or by Florida law. 31. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease 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 Lease Agreement or provision of the services under this Lease Agreement. LESSOR and LESSEE specifically agree that no party to this Lease Agreement shall be required to enter into any arbitration proceedings related to this Lease Agreement. 32. 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 Lease Agreement, and that the only interest of each is to perform and receive benefits as recited in this Lease Agreement. 33. CODE OF ETHICS. LESSOR 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. 34. NO SOLICITATION/PAYMENT. The 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 Lease 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 Lease Agreement. For the breach or violation of the provision, the LESSEE agrees that the LESSOR shall have the right to terminate this Lease 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. 35. PUBLIC ACCESS. The LESSOR and LESSEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and LESSEE in conjunction with this Lease Agreement; and the LESSOR shall have the right to unilaterally cancel this Lease Agreement upon violation of this provision by Lessee. 36. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the LESSOR and LESSEE in this Lease Agreement and the acquisition of any commercial liability insurance coverage, self - Early Learning Coalition - 9 - May 2010 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 LESSOR be required to contain any provision for waiver. 37. 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 Lease 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. 38. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease 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 the 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 Lease Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease Agreement. 39. 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. 40. EXECUTION IN COUNTERPARTS. This Lease 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 Lease Agreement by signing any such counterpart. 41. EFFECTIVE DATE. This Agreement will take effect on July 1, 2010. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Early Learning Coalition - 10 - May 2010 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By Deputv Clerk Early Learning Coalition , v AS/ -11- By Mayor/Chairman EARLY LEARNING COALITION OF MIAMI-DADE/MONROE 4B -f l I e President and CEO May 2010 EXHIBIT "A" BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Bulk Item: Yes x No Division: Public Works Department: Facilities Maintenance Staff Contact Person/Phone #:John W. King/292-4531 AGENDA ITEM WORDING: Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department to provide continued office space at the Gato Building, 1100 Simonton Street, Key West, FL ITEM BACKGROUND: Due to past staff reductions, there was available office space in the Gato Building. In 2009, the Florida Department of Health proposed to lease 1,519 square feet of this vacant office space for one year for the purpose of delivering public health related education, chronic diseases prevention, preparation for emergencies affecting public health maintenance of vital statistics information and certifications, administrative support, delivery of clinical services and environmental testing and inspection programs. The lease has been satisfactory for both parties and Florida Department of Health requested a three-year lease at this time, but due to space planning initiatives, they have agreed to another one-year lease for this office space. PREVIOUS RELEVANT BOCC ACTION: At the August 19, 2009 meeting, the BOCC approved a one-year agreement with the Monroe County Health Department for office space in the Gato building. The BOCC has also approved leases at the same location with Southernmost Homeless Assistance League and on June 17, 2009 with the Early Learning Coalition of Miami-Dade/Monroe. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: -0- INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year $ 37,975 APPROVED BY: County Atty �A OMB/Purchasing / Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 1/09 AGENDA ITEM # 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 — July 21, 2010 BOCC Meeting Lease Agreement for Office Space at the Gato Building The State of Florida Department of Health, Monroe County Health Department Due to staff reductions during 2008 - 2009, the Gato Building had available office space. In 2009, the Florida Department of Health proposed to lease 1,519 square feet of this vacant office space for one year for the purpose of public health related education, chronic diseases prevention, preparation for emergencies affecting public health maintenance of vital statistics information and certifications, administrative support, delivery of clinical services and environmental testing and inspection programs. The lease has been satisfactory for both parties and Florida Department of Health requested a three-year lease at this time, but due to space planning initiatives, they have agreed to another one-year lease for this office space. At the August 19, 2009 meeting, the BOCC approved a one-year agreement with the Monroe County Health Department for office space in the Gato building. The BOCC has also approved leases at the same location with Southernmost Homeless Assistance League and the Early Learning Coalition of Miami-Dade/Monroe. I hereby request approval of this three-year lease agreement with the State of Florida Department of Health, Monroe County Health Department to commence August 24, 2010 and terminate August 23, 2011. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida Dept of Contract # Health, MC Health Dept Effective Date: August 24, 2010 Expiration Date: August 23, 2011 Contract Purpose/Description: Lease agreement with State of Florida Department of Health, Monroe County Health Department for office space in the Gato Building, Key West, FL Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/21/10 Agenda Deadline: 07/06/10 CONTRACT COSTS/REVENUE Total Dollar Value of Contract: $ 37,975 Current Year Portion: $ 3,164.58 revenue Budgeted? Yes X No ❑ Account Codes: CIO 1- Grant: $ N/A - - - - County Match: $ N/A - - - - IEstimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes ate In Needed , Reviewer Division Director Yes[:] NoQ'� Risk Manag ment -yF Yes[:] No❑//' O.M.B./Pu asing -tc -0 Yes❑ No Count Attorney v Yes No Y Y � r� I Comments: FMB Form Revised 2/27/01 MCP #2 salaries, etc Date Out --)1�'II Zb LEASE AGREEMENT This Agreement is made and entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, ("COUNTY" or the "LESSOR"), and STATE OF FLORIDA, DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT ("TENANT' or the "LESSEE"), a non-profit corporation incorporated in the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040. WHEREAS, the BOCC leases premises to other governmental agencies and not -for -profit organizations serving the County community; and WHEREAS, the State of Florida, Department of Health, Monroe County Health Department has requested use of County office space; and WHEREAS, the State of Florida, Department of Health, Monroe County Health Department provides essential services to the citizens of Monroe County, and works to improve the health of the public through preparedness, education, prevention, the delivery of clinical services, and by conducting environmental inspection and testing programs; and WHEREAS, the COUNTY owns an office building known as the Gato Building at 1100 Simonton Street, Key West, Florida; and WHEREAS, the Gato Building has a number of vacant offices due to the reduction of the County workforce; and WHEREAS, the BOCC has determined that is in the best interests of Monroe County to lease unused office space at the Gato Building; NOW THEREFORE, IN CONSIDERATION of the promises contained herein the parties agree to the following: 1. PROPERTY. The COUNTY leases exclusively to the LESSEE 1,519 square feet of office space; offices 1-171, 1-172, 1-173, 1-174, 1-196, 1-197, 1-198, 1- 199, 1-202, 1-203 and 1-206 in the Gato Building and which is shown on Exhibit A, hereafter the premises. Exhibit A is attached and made a part of this Agreement. 2. TERM. The term of this Agreement is for a period of one (1) year beginning August 24, 2010 through August 23, 2011. 3. USE AND CONDITIONS. The premises shall be used solely for the purposes of delivering State of Florida, Department of Health, Monroe County Health Department services, including public health related education, chronic disease prevention, preparation for emergencies affecting public health, maintenance of vital statistics information and certifications, administrative support, delivery of clinical services, and environmental testing and inspection programs. If the premises are used for any other purpose, the COUNTY shall have the option of immediately terminating this Agreement. LESSEE shall not permit any use of the premises in any manner that would obstruct or interfere with any COUNTY functions and duties. The LESSEE will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The LESSEE will not use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. These covenants of the LESSEE shall also be binding on the use of the premises by personnel, volunteers or clients of LESSEE in accessing any common areas of the Gato Building. 4. RENT. For the use of the premises, the LESSEE must pay the COUNTY the sum of $37,974.96 per year, for 1,519 square feet of office space at $25.00 per square foot, which rental sum is due in monthly installments of $3,164.58. The COUNTY will invoice the LESSEE each month and these twelve monthly payments shall be remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. If a warrant in payment of an invoice is not issued within 40 days after receipt of the invoice and receipt, inspection, and approval of the goods and services, the LESSEE shall pay to the LESSOR, in addition to the amount of the invoice, interest at a rate established pursuant to F.S. section 55.03(1) on the unpaid balance from the expiration of such 40 day period until such time as the warrant is issued to the LESSOR. a) Additional consideration from each party: Electricity, office maintenance, office cleaning, and local phone calls will be provided by LESSOR at no additional cost to LESSEE, unless the occupation of the premises has a significant impact on any of such costs to LESSOR, in which case the parties will either renegotiate the consideration or mutually terminate this agreement. LESSEE shall be entitled to use the common areas of the Gato Building, such as bathrooms, lobby and other common areas incidental to the purpose of their occupancy of the premises, including use of conference rooms. 5. TAXES. The LESSEE must pay all taxes and assessments, including any sales or use tax, levied by any government agency with respect to the LESSEE's operations on the premises. If at any time after any tax or assessment has become due or payable, the lessee, or its legal representative, neglects to pay the tax or assessment, LESSOR shall be entitled to pay the tax or assessment at any time after that and the amount paid by LESSOR shall be deemed to be additional rent for the leased premises, due and payable by the lessee. 6. INSURANCE. The Department of Health, State of Florida, provides General Liability Coverage for Monroe County Health Department Operations through the Division of Risk Management and the State Risk Management Trust Fund. Florida Chapter 284 and Section 768.24(16) authorize the State to administer a self- insurance program and F.S. Section 768.24(5) currently sets the general liability coverage limits as follows: $100,000 each person; $200,000 each occurrence. 2 7. CONDITION OF PREMISES. The LESSEE must keep the premises in good order and condition. The LESSEE must promptly repair damage to the premises. At the end of the term of this Agreement, the LESSEE must surrender the premises to the COUNTY in the same good order and condition as the premises were on the commencement of the term, normal wear and tear excepted. The LESSEE is solely responsible for any improvements to land and appurtenances placed on the premises. 8. IMPROVEMENTS. No structure or improvements of any kind shall be placed upon the land without prior approval in writing by the County Administrator, a building permit issued by the COUNTY and any other agency, federal or state, as required by law. Any such structure or improvements shall be constructed in a good and workmanlike manner at LESSEE's sole cost and expense. Subject to any landlord's lien, any structures or improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole cost and expense, by midnight on the day of termination of this Agreement or extension hereof, and the land restored as nearly as practical to its condition at the time this agreement is executed unless the Board of County Commissioners accepts in writing delivery of the premises together with any structures or improvements constructed by LESSEE. Portable or temporary advertising signs are prohibited. LESSEE shall perform, at the sole expense of LESSEE, all work required in the preparation of the property or premises hereby leased for occupancy by LESSEE; and LESSEE does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of LESSEE. COUNTY reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements as COUNTY, in its sole discretion, deems necessary. Any adjustments shall be done at LESSEE's sole costs and expense. Any building permits sought by LESSEE shall be subject to permit fees at LESSEE's sole cost and expense. 9. IDEMNIFICATION/HOLD HARMLESS. The LESSEE, as a state agency or subdivision as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either the County or the LESSEE, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. The County, as a political sub -division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the LESSEE or the County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 3 10. NON-DISCRIMINATION. LESSOR and LESSEE agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease Agreement. 11. TERMINATION. This Agreement may be terminated at the discretion of the COUNTY in the following circumstances: a) Lessee fails to pay the rent when due; b) Lessee fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required; c) Lessee otherwise breaches the terms of this lease. Unless the COUNTY has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this agreement. In the case of default/breach, the COUNTY shall first give LESSEE a written notification stating the default/breach and that Lessee has ten (10) days to correct the default/breach. If the Lessee has not commenced correction of the default/breach at the end of the 10 days, then the COUNTY may terminate the lease in its discretion. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this Agreement, the COUNTY shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the COUNTY to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. The COUNTY may in its discretion treat the LESSEE in default and terminate this Agreement immediately, without prior notice, upon failure of LESSEE to comply with any provision of this Agreement. LESSEE 4 may terminate this Agreement upon giving thirty days prior written notice to COUNTY. 12. DEFAULT. LESSOR'S right to repossess, operate, or sublease: If the rental reserved by this lease or other charges to be paid under this lease by LESSEE, or any part of this lease, are not paid when due and remain unpaid for a period of 10 days after notice in writing, or if LESSEE fails to promptly perform any covenant, condition, or agreement by it to be performed under this lease and such failure shall continue for a period of ten (10) days after notice in writing specifying the nature of such failure, or if LESSEE abandons the demised premises, or if LESSEE breaches any obligation under this lease to be performed by it which cannot be cured, then , and in any such event, LESSEE shall be deemed to be in default and LESSOR, without further notice may at its option take possession of the leased premises, including all improvements and fixtures and equipment located at, in or about the premises. By legal proceedings, LESSOR shall take, operate, or sublease the premises, in whole or in part, for the account of the LESSEE as the LESSOR in good faith may deem proper, for a term not exceeding the unexpired period of the full term of this lease. LESSOR shall receive all proceeds and rent accruing from such operation or subleasing of the leased premises or fixtures and equipment. LESSOR shall apply these proceeds first, to the payment of all costs and expenses incurred by the LESSOR in obtaining the possession of, and the operation or subleasing of the premises or fixtures and equipment, including reasonable attorney's fees, commissions, and collection fees, and any alteration or repairs reasonably necessary to enable the LESSOR to operate or sublease the premises or fixtures and equipment; and second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the LESSOR to the LESSEE, shall be paid over to the LESSEE at the expiration of the full term of this lease or on the sooner termination of the lease by written notice of termination. Repossession or subleasing not a termination; LESSOR'S right to terminate not forfeited: No repossession, operation, or subleasing of the premises or of fixtures and equipment shall be construed as an election by the LESSOR to terminate this lease unless a written notice of such intention is given by the LESSOR to the LESSEE. Notwithstanding any such operation or subleasing without termination of this lease, the LESSOR may at any time after that elect to terminate the lease in the event that the LESSEE remains in default under this lease. LESSEE'S obligation to pay deficiencies: In the event the proceeds of rentals received by the LESSOR under the provisions of this Section are insufficient to pay all costs and expenses and all amounts due and becoming due under this lease, the LESSEE shall pay to the LESSOR on demand such deficiency as may occur or exist. LESSOR'S right to terminate lease: In the event of LESSEE'S default, LESSOR may, at its option without further notice, terminate this lease and all interest of LESSEE under this lease, and may then take possession of the leased premises by legal proceedings. LESSOR'S right on termination to recover amount equal to rent reserved: If this lease is terminated by the LESSOR by reason of any default by LESSEE, LESSOR shall be entitled to recover from the LESSEE, at the time of such termination the excess, if any, of the amount of rent reserved in this lease for the balance of the term of the lease. LESSOR'S remedies are cumulative: Each and all of the remedies given to the LESSOR in this lease or by law are cumulative, and the exercise of one right of remedy shall not impair its right to exercise any other right or remedy. 13. DEFAULT -WAIVER. The waiver by the LESSEE or the COUNTY of an act or omission that constitutes a default of an obligation under this Agreement does not waive another default of that or anv other obligation. 14. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the COUNTY's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the LESSEE and the COUNTY. 15. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and the COUNTY, whether in effect on commencement of this lease or adopted after that date. 16. GOVERNING LAWS/VENUE. This Agreement is governed by 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 Lease 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 Lease 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. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSEE and the COUNTY. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 18. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY LESSEE County Administrator Monroe County Heath Department Roman Gastesi, Jr. Robert Eadie, Administrator 1100 Simonton Street 1100 Simonton Street Key West, FL 33040 Key West, FL 33040 19. RELATIONSHIP OF PARTIES. LESSEE is, and shall be, in the performance of all works, services, and activities under this Agreement, an independent agency, and not an employee, agent or servant of the BOCC. LESSEE shall exercise control, direction, and supervision over the personnel and volunteers who use the premises. LESSEE shall have no authority whatsoever to act on behalf and/or as agent for the BOCC in any promise, agreement or representation other than specifically provided for in this agreement. The BOCC shall at no time be legally responsible for any negligence on the part of LESSEE, its employees, agents or volunteers resulting in [i either bodily or personal injury or property damage to any individual, property or corporation. 20. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 21. RIGHT OF INGRESS AND EGRESS. LESSEE, its agent, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the lease premises, which shall not be unreasonably restricted by the COUNTY. 22. RIGHT OF INSPECTION AND REPAIRS. LESSOR shall have access to the premises, and each and every part thereof, during LESSEE'S regular business hours for the purpose of inspecting the same, making repairs, and posting notices that LESSOR may deem to be for the protection of the LESSOR or the property. 23. AMENDMENTS TO BE IN WRITING. This lease may be modified or amended only by a writing duly authorized and executed by both LESSOR and LESSEE. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both LESSOR and LESSEE. 24. HOLDING OVER. No holding over and continuation of any business of the LESSEE after the expiration of the term hereof shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the LESSOR defining the length of such additional term. Any holding over without consent of the LESSOR shall be considered to be a day-to-day tenancy at a rental of three times the daily rate of the fixed minimum monthly rental provided herein, computed on the basis of a 30- day month. 25. ENTIRE AGREEMENT. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 26. SEVERABILITY. If any term, covenant, condition or provision of this Lease 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 Lease Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Lease 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 Lease Agreement would prevent the accomplishment of the original intent of this Lease Agreement. The LESSOR and LESSEE agree to reform the Lease Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 7 27. 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 Lease 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. 28. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Lease Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives, successors, and assigns. 29. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Lease Agreement have been duly authorized by all necessary County and corporate action, as required by law. 30. 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 Lease Agreement or by Florida law. 31. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease 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 Lease Agreement or provision of the services under this Lease Agreement. LESSOR and LESSEE specifically agree that no party to this Lease Agreement shall be required to enter into any arbitration proceedings related to this Lease Agreement. 32. 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 Lease Agreement, and that the only interest of each is to perform and receive benefits as recited in this Lease Agreement. 33. CODE OF ETHICS. LESSOR agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. N. 34. NO SOLICITATION/PAYMENT. The 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 Lease 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 Lease Agreement. For the breach or violation of the provision, the LESSEE agrees that the LEESSOR shall have the right to terminate this Lease 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. 35. PUBLIC ACCESS. The LESSOR and LESSEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and LESSEE in conjunction with this Lease Agreement; and the LESSOR shall have the right to unilaterally cancel this Lease Agreement upon violation of this provision by Lessee. 36. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the LESSOR and LESSEE in this Lease 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 LESSOR be required to contain any provision for waiver. 37. 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 Lease 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. 38. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease 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 the 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 Lease Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease Agreement. 39. 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. 40. EXECUTION IN COUNTERPARTS. This Lease Agreement may be executed in any number of counterparts, each of which shall be regarded as an 9 original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Lease Agreement by signing any such counterpart. 41. EFFECTIVE DATE. This Agreement will take effect on August 24, 2010. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS OF ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY, FLORIDA By Deputy Clerk Witness By Mayor/Chairman STATE OF FLORIDA, DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT By Titl?' i A. C®l1PITY�T`fOR�� VIED AS p CADO / IS-T�AONT CO TY ATTORNEY -J / Z v 10 EXHIBIT "A" BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Facilities Maintenance Staff Contact Person/Phone #:John W. Kina/292-4531 AGENDA ITEM WORDING: Approval of a Lease Agreement with the State of Florida Department of Health, Monroe County Health Department to provide continued office space at the Murray E. Nelson Government and Cultural, 102050 Overseas Highway, Key Largo, FL ITEM BACKGROUND: Due to past staff reductions, office space in the Murray E. Nelson Government and Cultural Center was open and in 2009 the Florida Department of Health proposed leasing for one year 1,057 square feet of this vacant office space to provide programs and office space for administrative and vital statistics office staff. The original lease has been satisfactory for both parties and the Florida Department of Health requested a three-year lease at this time, but due to space planning initiatives, they have agreed to another one-year lease for this office space. The Health Department has also asked to use two additional rooms each 134 sq. ft. or 268 square feet total, but unfortunately as their budget deadline has passed, there are no funds available for rent. The use of these two rooms at no rent has been approved with the assurance that if this lease is renewed next year these two rooms will be included in the budget and funds will be available at the current rent rate. PREVIOUS RELEVANT BOCC ACTION: At the August 19, 2009, the BOCC approved a one- year agreement with the Monroe County Health Department for office space in the Nelson building. Previously, the BOCC approved leases at the same location with the South Florida Water Management District, the Monroe County Sheriff's Office, and Congresswoman Ileana Ros-Lehtinen. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: -0- INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year S 14,798.00 APPROVED BY: County Atty� '_' OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 M E M O R A N D U M DATE: June 14, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — July 21, 2010 BOCC Meeting Lease Agreement for Office Space at the Murray E. Nelson Government and Cultural Center and the State of Florida Department of Health, Monroe County Health Department Due to past staff reductions, office space in the Murray E. Nelson Government and Cultural Center was open and in 2009 the Florida Department of Health proposed leasing for one year 1,057 square feet of this vacant office space to provide programs and office space for administrative and vital statistics office staff. The original lease has been satisfactory for both parties and the Florida Department of Health requested a three-year lease at this time, but due to space planning initiatives they have agreed to another one-year lease for this office space. The Health Department has also asked to use two additional rooms each 134 sq. ft. or 268 square feet total, but unfortunately as their budget deadline has passed, there are no funds available for rent. The use of these two rooms at no rent has been approved with the assurance that if this lease is renewed next year these two rooms will be included in the budget and funds will be available at the current rent rate. I hereby request approval of this one --year lease agreement with the additional space at the Murray E. Nelson Government and Cultural Center with the State of Florida Department of Health, Monroe County Health Department to commence August 24, 2010 and terminate August 23, 2011. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida Dept of Contract # Health, MC Health Dept Effective Date: August 24, 2010 Expiration Date: August 23, 2011 Contract Purpose/Description: Lease agreement with State of Florida Department of Health, Monroe County Health Department for office space in the Nelson Building, Key Largo, FL Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/21/10 Agenda Deadline: 07/06/10 CONTRACT COSTS/REVENUE Total Dollar Value of Contract: $ 14,798.00 Current Year Portion: $ r i ?-'33,17 revenue Budgeted? Yes X No ❑ Account Codes: C-C e- Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utiliti CONTRACT REVIEW Changes Date In Needed 0 Reviewer Division DirectorIto Yes[:] No[�]'" Risk Manag ent " A Yes[:] No O.M.B./Purchasing T -�c C' Yes❑ No �i' ' ti County Attorney, Yes❑ NoX Comments )MB Form Revised 2/27/01 MCP #2 Date Out - j L- I la '/ 6 1 LEASE AGREEMENT This Agreement is made and entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, ("COUNTY" or the "LESSOR"), and STATE OF FLORIDA, DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT ("TENANT" or the "LESSEE"), a non-profit corporation incorporated in the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040. WHEREAS, the BOCC leases premises to other governmental agencies and not -for -profit organizations serving the County community; and WHEREAS, the State of Florida, Department of Health, Monroe County Health Department has requested use of County office space; and WHEREAS, the State of Florida, Department of Health, Monroe County Health Department provides essential services to the citizens of Monroe County, and works to improve the health of the public through preparedness, education, prevention, the delivery of clinical services, and by conducting environmental inspection and testing programs; and WHEREAS, the COUNTY owns an office building known as the Murray E. Nelson Government and Cultural Center at 102050 Overseas Highway, Key Largo, Florida; and WHEREAS, the Murray E. Nelson Government and Cultural Center has a number of vacant offices due to the reduction of the County workforce; and WHEREAS, the BOCC has determined that is in the best interests of Monroe County to lease unused office space at the Murray E. Nelson Government and Cultural Center; NOW THEREFORE, IN CONSIDERATION of the promises contained herein the parties agree to the following: 1. PROPERTY. The COUNTY leases exclusively to the LESSEE 1,057 square feet of office space; offices 202, 203, 224, 227, 228 and 229 in the Murray E. Nelson Government and Cultural Center and which is shown on Exhibit A, hereafter the premises. The LESSEE is authorized to use two additional office spaces, 219 and 220, each 134 square feet totaling 268 square feet, for the period August 24, 2010 through August 23, 2011, at no cost, also shown on Exhibit A. If this Agreement is extended for subsequent year(s) after August 23, 2010, then rent will be charged for this office space at the same rate as any other office space included in this lease. Exhibit A is attached and made a part of this Agreement. 2. TERM. The term of this Agreement is for a period of one (1) year beginning August 24, 2010 through August 23, 2011. 3. USE AND CONDITIONS. The premises shall be used solely for the purposes of operating State of Florida, Department of Health, Monroe County Health Department programs and providing office space for administrative and vital statistics office staff. If the premises are used for any other purpose, the COUNTY shall have the option of immediately terminating this Agreement. LESSEE shall not permit any use of the premises in any manner that would obstruct or interfere with any COUNTY functions and duties. The LESSEE will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The LESSEE will not use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. These covenants of the LESSEE shall also be binding on the use of the premises by personnel, volunteers or clients of LESSEE in accessing any common areas of the Murray E. Nelson Government and Cultural Center. 4. RENT. For the use of the premises, the LESSEE must pay the COUNTY the sum of $14,798.04 per year, for 1,057 square feet of office space at $14.00 per square foot, which rental sum is due in monthly installments of $1,233.17, payable. The COUNTY will invoice the LESSEE each month and these twelve monthly payments shall be remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. If a warrant in payment of an invoice is not issued within 40 days after receipt of the invoice and receipt, inspection, and approval of the goods and services, the LESSEE shall pay to the LESSOR, in addition to the amount of the invoice, interest at a rate established pursuant to F.S. section 55.03(1) on the unpaid balance from the expiration of such 40 day period until such time as the warrant is issued to the LESSOR. a) Additional consideration from each party: Electricity, office maintenance, office cleaning, and local phone calls will be provided by LESSOR at no additional cost to LESSEE, unless the occupation of the premises has a significant impact on any of such costs to LESSOR, in which case the parties will either renegotiate the consideration or mutually terminate this agreement. LESSEE shall be entitled to use the common areas of the Murray E. Nelson Government and Cultural Center, such as bathrooms, lobby and other common areas incidental to the purpose of their occupancy of the premises, including use of conference rooms. 5. TAXES. The LESSEE must pay all taxes and assessments, including any sales or use tax, levied by any government agency with respect to the LESSEE's operations on the premises. If at any time after any tax or assessment has become due or payable, the lessee, or its legal representative, neglects to pay the tax or assessment, LESSOR shall be entitled to pay the tax or assessment at any time after that and the amount paid by LESSOR shall be deemed to be additional rent for the leased premises, due and payable by the lessee. 6. INSURANCE. The Department of Health, State of Florida, provides General Liability Coverage for Monroe County Health Department Operations through the Division of Risk Management and the State Risk Management Trust Fund. Florida Chapter 284 and Section 768.24(16) authorize the State to administer a self - FA insurance program and F.S. Section 768.24(5) currently sets the general liability coverage limits as follows: $100,000 each person; $200,000 each occurrence. CONDITION OF PREMISES. The LESSEE must keep the premises in good order and condition. The LESSEE must promptly repair damage to the premises. At the end of the term of this Agreement, the LESSEE must surrender the premises to the COUNTY in the same good order and condition as the premises were on the commencement of the term, normal wear and tear excepted. The LESSEE is solely responsible for any improvements to land and appurtenances placed on the premises. 7. IMPROVEMENTS. No structure or improvements of any kind shall be placed upon the land without prior approval in writing by the County Administrator, a building permit issued by the COUNTY and any other agency, federal or state, as required by law. Any such structure or improvements shall be constructed in a good and workmanlike manner at LESSEE's sole cost and expense. Subject to any landlord's lien, any structures or improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole cost and expense, by midnight on the day of termination of this Agreement or extension hereof, and the land restored as nearly as practical to its condition at the time this agreement is executed unless the Board of County Commissioners accepts in writing delivery of the premises together with any structures or improvements constructed by LESSEE. Portable or temporary advertising signs are prohibited. LESSEE shall perform, at the sole expense of LESSEE, all work required in the preparation of the property or premises hereby leased for occupancy by LESSEE; and LESSEE does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of LESSEE. COUNTY reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements as COUNTY, in its sole discretion, deems necessary. Any adjustments shall be done at LESSEE's sole costs and expense. Any building permits sought by LESSEE shall be subject to permit fees at LESSEE's sole cost and expense. 8. IDEMNIFICATION/HOLD HARMLESS The LESSEE, as a state agency or subdivision as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either the County or the LESSEE, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. The County, as a political sub -division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the LESSEE or the County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be 3 construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 9. NON-DISCRIMINATION. LESSOR and LESSEE agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease Agreement. 10. TERMINATION. This Agreement may be terminated at the discretion of the COUNTY in the following circumstances: a) Lessee fails to pay the rent when due; b) Lessee fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required; c) Lessee otherwise breaches the terms of this lease. Unless the COUNTY has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this agreement. In the case of default/breach, the COUNTY shall first give LESSEE a written notification stating the default/breach and that Lessee has ten (10) days to correct the default/breach. If the Lessee has not commenced correction of the default/breach at the end of the 10 days, then the COUNTY may terminate the lease in its discretion. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this Agreement, the COUNTY shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the COUNTY to forego the provisions of this paragraph and any subsequent 4 default shall be grounds for termination. The COUNTY may in its discretion treat the LESSEE in default and terminate this Agreement immediately, without prior notice, upon failure of LESSEE to comply with any provision of this Agreement. LESSEE may terminate this Agreement upon giving thirty days prior written notice to COUNTY. 11. DEFAULT. LESSOR'S right to repossess, operate, or sublease: If the rental reserved by this lease or other charges to be paid under this lease by LESSEE, or any part of this lease, are not paid when due and remain unpaid for a period of 10 days after notice in writing, or if LESSEE fails to promptly perform any covenant, condition, or agreement by it to be performed under this lease and such failure shall continue for a period of ten (10) days after notice in writing specifying the nature of such failure, or if LESSEE abandons the demised premises, or if LESSEE breaches any obligation under this lease to be performed by it which cannot be cured, then , and in any such event, LESSEE shall be deemed to be in default and LESSOR, without further notice may at its option take possession of the leased premises, including all improvements and fixtures and equipment located at, in or about the premises. By legal proceedings, LESSOR shall take, operate, or sublease the premises, in whole or in part, for the account of the LESSEE as the LESSOR in good faith may deem proper, for a term not exceeding the unexpired period of the full term of this lease. LESSOR shall receive all proceeds and rent accruing from such operation or subleasing of the leased premises or fixtures and equipment. LESSOR shall apply these proceeds first, to the payment of all costs and expenses incurred by the LESSOR in obtaining the possession of, and the operation or subleasing of the premises or fixtures and equipment, including reasonable attorney's fees, commissions, and collection fees, and any alteration or repairs reasonably necessary to enable the LESSOR to operate or sublease the premises or fixtures and equipment; and second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the LESSOR to the LESSEE, shall be paid over to the LESSEE at the expiration of the full term of this lease or on the sooner termination of the lease by written notice of termination. Repossession or subleasing not a termination; LESSOR'S right to terminate not forfeited: No repossession, operation, or subleasing of the premises or of fixtures and equipment shall be construed as an election by the LESSOR to terminate this lease unless a written notice of such intention is given by the LESSOR to the LESSEE. Notwithstanding any such operation or subleasing without termination of this lease, the LESSOR may at any time after that elect to terminate the lease in the event that the LESSEE remains in default under this lease. LESSEE'S obligation to pay deficiencies: In the event the proceeds of rentals received by the LESSOR under the provisions of this Section are insufficient to pay all costs and expenses and all amounts due and becoming due under this lease, the LESSEE shall pay to the LESSOR on demand such deficiency as may occur or exist. LESSOR'S right to terminate lease: In the event of LESSEE'S default, LESSOR may, at its option without further notice, terminate this lease and all interest of LESSEE under this lease, and may then take possession of the leased premises by legal proceedings. A LESSOR'S right on termination to recover amount equal to rent reserved: If this lease is terminated by the LESSOR by reason of any default by LESSEE, LESSOR shall be entitled to recover from the LESSEE, at the time of such termination the excess, if any, of the amount of rent reserved in this lease for the balance of the term of the lease. LESSOR'S remedies are cumulative: Each and all of the remedies given to the LESSOR in this lease or by law are cumulative, and the exercise of one right of remedy shall not impair its right to exercise any other right or remedy. 12. DEFAULT -WAIVER. The waiver by the LESSEE or the COUNTY of an act or omission that constitutes a default of an obligation under this Agreement does not waive another default of that or any other obligation. 13. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the COUNTY's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the LESSEE and the COUNTY. 14. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and the COUNTY, whether in effect on commencement of this lease or adopted after that date. 15. GOVERNING LAWS/VENUE This Agreement is governed by 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 Lease 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 Lease 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. 16. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSEE and the COUNTY. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 17. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY LESSEE County Administrator Monroe County Heath Department Roman Gastesi, Jr. Robert Eadie, Administrator 1100 Simonton Street 1100 Simonton Street Key West, FL 33040 Key West, FL 33040 18. RELATIONSHIP OF PARTIES LESSEE is, and shall be, in the performance of all works, services, and activities under this Agreement, an independent agency, and not an employee, agent or servant of the BOCC. LESSEE shall exercise control, direction, and supervision over the personnel and volunteers who use the premises. LESSEE shall have no authority whatsoever to act on behalf and/or as agent for the BOCC in any promise, agreement or representation other than specifically provided 6 for in this agreement. The BOCC shall at no time be legally responsible for any negligence on the part of LESSEE, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 19. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 20. RIGHT OF INGRESS AND EGRESS LESSEE, its agent, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the lease premises, which shall not be unreasonably restricted by the COUNTY. 21. RIGHT OF INSPECTION AND REPAIRS LESSOR shall have access to the premises, and each and every part thereof, during LESSEE'S regular business hours for the purpose of inspecting the same, making repairs, and posting notices that LESSOR may deem to be for the protection of the LESSOR or the property. 22. AMENDMENTS TO BE IN WRITING This lease may be modified or amended only by a writing duly authorized and executed by both LESSOR and LESSEE. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both LESSOR and LESSEE. 23. HOLDING OVER. No holding over and continuation of any business of the LESSEE after the expiration of the term hereof shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the LESSOR defining the length of such additional term. Any holding over without consent of the LESSOR shall be considered to be a day-to-day tenancy at a rental of three times the daily rate of the fixed minimum monthly rental provided herein, computed on the basis of a 30- day month. 24. ENTIRE AGREEMENT. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 25. SEVERABILITY. If any term, covenant, condition or provision of this Lease 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 Lease Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Lease 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 Lease Agreement would prevent the accomplishment of the original intent of this Lease Agreement. The LESSOR and LESSEE agree to reform the Lease Agreement to replace any stricken provision with 7 a valid provision that comes as close as possible to the intent of the stricken provision. 26. 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 Lease 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. 27. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Lease Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives, successors, and assigns. 28. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Lease Agreement have been duly authorized by all necessary County and corporate action, as required by law. 29. 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 Lease Agreement or by Florida law. 30. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease 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 Lease Agreement or provision of the services under this Lease Agreement. LESSOR and LESSEE specifically agree that no party to this Lease Agreement shall be required to enter into any arbitration proceedings related to this Lease Agreement. 31. 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 Lease Agreement, and that the only interest of each is to perform and receive benefits as recited in this Lease Agreement. 32. CODE OF ETHICS. LESSOR 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 93 employment or contractual relationship; and disclosure or use of certain information. 33. NO SOLICITATION/PAYMENT. The 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 Lease 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 Lease Agreement. For the breach or violation of the provision, the LESSEE agrees that the LEESSOR shall have the right to terminate this Lease 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. 34. PUBLIC ACCESS. The LESSOR and LESSEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and LESSEE in conjunction with this Lease Agreement; and the LESSOR shall have the right to unilaterally cancel this Lease Agreement upon violation of this provision by Lessee. 35. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the LESSOR and LESSEE in this Lease 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 LESSOR be required to contain any provision for waiver. 36. 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 Lease Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 37. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease 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 the 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 Lease Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease Agreement. 38. 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. 9 39. EXECUTION IN COUNTERPARTS. This Lease 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 Lease Agreement by signing any such counterpart. 40. EFFECTIVE DATE. This Agreement will take effect on August 24, 2010. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman _STATE OF FLORIDA, DEPARTMENT OF HEALTH, JIAJ V L MONROE COUNTY HEALTH DEPARTMENT '44� Wi n ss By — Witness Title e4drn-�Isnpr'is—�tr-a- o UNTY )AST ' PEDR�J.ME ASSISTAfiat6__ ((( 10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person:John W. Kina. 292-4431 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Hammerhead Termite Control for fumigation services of the Monroe County Courthouse, Key West, Florida ITEM BACKGROUND: On June 9, 2010, two bids were received as follows: (1) Hammerhead Termite Control - $24,500, and (2) Terminix International - $9,280. The Terminix proposal did not provide information concerning projected time frame and proposed methodology for completion specifically requested in the RFP and, therefore, the proposal is not responsive. Hammerhead has provided a satisfactory projected time frame and proposed methodology for completion. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $24,500.00 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 4MB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required, DISPOSITION: Revised 2/05 AGENDA ITEM # M E M O R A N D U M DATE: June 28, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — July 21, 2010 BOCC Meeting Approval to Award and Execute Agreement — Hammerhead Termite Control for Fumigation Services of the Monroe County Courthouse, Key West, Florida Bids for fumigations services at the Monroe County Courthouse in Key West were opened on June 3, 2010. Two bidders responded: (1) Hammerhead Termite Control - $24,500, and (2) Terminix International - $9,280. The Terminix proposal did not provide information concerning projected time frame and proposed methodology for completion which was specifically requested in the RFP and, therefore, was not responsive. Hammerhead has provided a satisfactory projected time frame and proposed methodology for completion I hereby recommend approval to award bid and execute a contract with Hammerhead Termite Control for fumigations services at the Key West Courthouse. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Hammerhead Termite Contract # Control Effective Date: Upon approval Expiration Date: September 30, 2010 Contract Purpose/Description: Fumigate Monroe County Courthouse Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/21/10 Agenda Deadline: 07/06/10 CONTRACT COSTS Total Dollar Value of Contract: $ 24,500 Current Year Portion: $ 24,500.00 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340 Grant: $ N/A County Match: $ N/A Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS For: CONTRACT REVIEW Changes ate In Needed Division Director Yes❑ No�_ Risk Manag ment Yes❑ No y O.M.B./PurchMng 1 '1c 0 Yes❑ No� County Attorney Yes❑ Nq OMB Form Revised 2/27/01 MCP #2 9 etc.) Date Out 7& (� 7 FUMIGATION SERVICES MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, MONROE COUNTY, FLORIDA This Agreement is made and entered into this day of July, 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 HAMMERHEAD TERMITE CONTROL, INC., ("CONTRACTOR"), a Florida corporation, whose address is 303 Quail Roost Trail, Big Pine Key, Florida 33043. WHEREAS, COUNTY desires to fumigate the Monroe County Courthouse located at 500 Whitehead Street, Key West, Monroe County, and WHEREAS, CONTRACTOR desires and is able to perform fumigation services at the Monroe County Courthouse located at 500 Whitehead Street, Key West, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to fumigate the Monroe County Courthouse located at 500 Whitehead Street, 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: FUMIGATION SERVICES MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, MONROE COUNTY, FLORIDA 1. SPECIFICATIONS The Contractor shall furnish fumigation services, including all necessary supplies, equipment, and safety devices required in the performance of same, including security and warning signs to be posted as necessary, for the Monroe County Courthouse, located at 500 Whitehead Street in Key West, Florida, as identified in the attached Exhibit "A" Site Plan. Work to be coordinated with the Monroe County Public Facilities Maintenance Department, contact person for Monroe County is John W. King, Senior Director Lower Keys Operations, (305) 292-4531, and site contact person is James Bruce, Building Maintenance Administrator, (305) 292-4436. All fumigation work shall adhere to the following: A. Florida Statutes, Chapter 482, Pest Control, 2009 B. All City of Key West applicable "Codes and Regulations" C. All Monroe County applicable "Codes and Regulations" D. Fumigant used shall be sulfur chloride (vikane) or equivalent in conjunction with recommended amounts of chlorpicrin. E. Submission of all appropriate Material Safety Data Sheets (MSDS) for each product to be used. F. Aeration and ventilation shall be done by the contractor prior to re -occupancy of the facility. Notice is required from contractor when the facility's air is clear for access. G. Any damages by the contractor shall be repaired at no extra cost to Monroe County. H. Fumigant shall be used in strict accordance of the manufacturer's directions. I. Upon completion, the contractor shall clean up the work site of all equipment, materials and debris. J. All fumigation work shall be performed by a pest control operator having a valid Florida Department of Agricultural and Consumer Services, operational license or equivalent. The contractor shall include a projected time frame duration and proposed methodology to professionally accomplish the fumigation of the Key West Courthouse facility. The contractor shall provide the building occupants an instructional document on the proper preparation and all precautions to be taken associated with this project, i.e., exposure to counters, desks, cabinets, food containers, etc. The schedule to perform the work will require coordination with the Monroe County Clerk of Court and the Monroe County Property Appraiser. The contractor shall coordinate with the Owner as to the timely shut down of all building HVAC, fire alarm and fire suppression systems during the project duration. A complete inspection of the facility is required prior to fumigating to ensure that all preparations and precautions are addressed. The contractor shall designate a representative to work with the Owner and to be available to answer any questions posed by the building's occupants concerning this project. The contractor is responsible and shall procure any and all permits required to perform this work from the applicable agencies. Upon completion, the contractor will provide a three (3) year written warranty for drywood termites with no extra cost to Monroe County should a live termite infestation be encountered within the warranty period. The Contractor shall be responsible to obtain, including payment thereof, 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 services requested. 3. CONTRACT AMOUNT The County shall pay TWENTY-FOUR THOUSAND FIVE HUNDRED AND NO/100--- DOLLARS ($24,500.00) to the Contractor for the faithful performance of the Contract, in lawful money of the United States at completion of the fumigation program. 2 4. PAYMENT TO CONTRACTOR A. Due to the anticipated short time frame, only one final payment will be made to the CONTRACTOR. Upon completion of the fumigation process, 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 the terms of this contract. When the final work is accepted by the Owner, the Contractor shall invoice the County for full and final payment. 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 upon approval by the Monroe County Board of County Commissioners, and ends upon completion or no later than September 30, 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, running from the date the monies were paid to CONTRACTOR. 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 �3 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 Notwithstanding any minimum insurance requirements prescribed elsewhere in this AGREEMENT, CONTRACTOR 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 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 CONTRACTOR or any of its employees, agents, contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this agreement, this section will survive the expiration of the term 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: 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, including Premises Operations, Products and Completed Operations, Blanket Contractual Liability, and Expanded Definition of Property Damage, with limits of liability of not less than $300, 000.00 per occurrence, $100, 000.00 per person, $50, 000.00 property damage, combined single limit $300, 000.00. 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 2 (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. 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 time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes 5 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 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. 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 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. 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. 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, 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. 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 3583 South Roosevelt Boulevard Key West, FL. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Mark Weinberg Hammerhead Termite Control, Inc. 30385 Quail Roost Trail Big Pine Key, FL 33043 18. 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. 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. 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 as 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 take possession of the site and of all materials, equipment, tools, construction equipment and 7 machinery thereon owned by the CONTRACTOR, and may finish the Project by whatever 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 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. 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. 23. 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. 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 0 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. 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 of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. 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. 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 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. 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 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 0 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 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 Workplace 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 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 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 10 287.017, 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 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 By: Deputy Clerk Date: Witnesses for CONTRACTOR: Signature (/1 L�, P/, Date Signa e (�- 2-�f /" Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA f: Mayor Sylvia-J. Murphy Date: HAMMERHEAD TERMITE CONTROL, INC. Signature of person authorized to legally bind Corporation Date: C L -� Print Name Address: 3 03 Telep one Number: 30 5 = dv ®E OUN O EY R F1D T /" PEDRO J. ER 11TA14 S NTY ATTORNEY ata Z�j S ]r •• �' it 1� � � r '� �- 'J. � '�• , � •L ''-� i �� ,.•,err .� • f •� ...I'�� � y �� '' �'__�'�ri1.�1.'i,��s:l;'=I',-i'yv`ve•s. I� ?:?:7.1�r��'. � •-w.t`} r Sy �er •� r ° � �]� � = r_ ., I■ 4L• 1 ■ r r I f• f IP y BID — Fumigation Services for Monroe County Courthouse 500 Whitehead St Monroe County, Key West, Florida Hammerhead Termite Control 30385 Quail Roost Trail Big Pine Key, FL 33043 Phone: 305-515-2800 Contact: Mark Weinberg BRA FUMIGATION SERVICES . MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLQRIDA 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: 3038s wa, cos+ :a /jtv ;•,G eA?, FL- 33a43 The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of: FUMIGATION SERVICES MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET 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, rule§' and,'regulations affecting' performance of the _work;' does hereby propose to perform and complete said Work Iin -a workman -like` manner,' in conformance with specifications, and other contract documents including addenda issued thereto. PROPOSAL AMOUNT $ 2H,5-00.e, -f'.Wen ^� y • -�o � � -f-� o r�s a.cd - �t-'�'Vg, �t wn �r;e�l , dlD �%d-�' S at .,a! � �ae� AMOUNT WRITTEN OUT If there is a conflict between the bid in words and the bid in numbers, the bid in words will take precedence. Bid Documents 3-1 April 2010 Sections General Information 2. Past Performance on Similar Projects 3. Litigation 4. County Forms and Licenses Tab 1. General Information 1. Shareholder: Mark Weinberg (100%) 2. Office: Mark Weinberg (President and C.E.O.) 3. Years of operation: 8 years 4. Years of operation under current name: 8 years 5. N/A 6. Customer references: (see attached list) 7. Credit references a) Univar U.S.A., Miami, FL, phone: 800-888-4897 b) Exxon/Mobil, DesMoines, IA, phone: 800-903-9966 c) Home Depot, phone: 800-466-3337 d) Office Depot, phone: 800-729-7744 e) Sherwin-Williams, Key West, phone: 305-296-8501 f) Cardinal Professional Products, Anaheim, CA, phone:714- 761-3292 g) Sprint, London, KY, phone: 800-639-6111 8. Relevant experience: a) Old City Hall b) Casa Marina Hotel c) Monroe County Public Works, Court House Annex, Key West d) Monroe County Public Works, Tax Collectors Office, Marathon REFERENCES: Old City Hall /Historic Fla Keys Foundation, 510 Greene St, Key West, Done 11/06 George Born 292-6718 Casa Marina Hotel, Key West, Done 11/05 Monroe County Public Works, 502 Whitehead St, Key West, Done 10/08 Monroe County Public Works, 3103 Overseas Hwy, Marathon, Office of the Clerk, Police Department, etc Done 9/06 currently under warranty Fort Jefferson, Dry Tortugas, Old bldg, Done 10/09 Ser-Bis- Biscayne National Park La Brisa Condos, 1901 S Roosevelt Blvd (4 four story bldgs and club house) Key West, Done 06/07 Castillo del Sol, 799 W Ocean Dr (4 bldgs) Key Colony Bch Done 6/05 Sunset Beach Club, 581 E Ocean Dr (5 bldgs) Key Colony Bch, Done 6/03 Paula Haines 289-0808 Wachovia Bank bldg, 422 Front St, Key West, Done 9/07 A&B Lobster Restaurant, 700 Front St, Key West, Done 8/08 Ryan Ryder 304-0269 Utility Board of Key West/ Keys Energy, 6900 Front St, Stock Island, Done numerous bldgs 03/10 Southernmost Hotel, 1319 Duval St, Key West The Armory, 600 White St, Key West Numerous Hotels and Guest Houses in Key West (names can be provided upon request) Tab 2. Past Performance 1. Old City Hall 510 Greene St, Key West George Born phone: 305-292-6718 Job Date: November 2006 Services: tent fumigation for the control of drywood termites 2. Casa Marina 1500 Reynolds St, Key West Jeffrey Tucker phone: 305-296-3537 Job Date: November 2005 Services: tent fumigation for the control of drywood termites 3. Monroe County Public Works Court House Annex 502 Whitehead St, Key West James Bruce phone: 305-292-4436 Job Date: October 2008 Services: fumigation for the control of drywood termites 4. Monroe County Public Works Sheriffs Office, Tax Collectors Office, Clerk of the Court, etc 3101 Overseas Hwy, Marathon Bob Stone Job Date: September 2006 Services: tent fumigation for the control of drywood termites 5. Wachovia Bank Building 422 Front St, Key West Charles Lee phone: 305-923-7167 Job Done: September 2007 Services: tent fumigation for the control of drywood termites Tab 3. Litigation a) No b) No c) No d) No Tab 4. County Forms and Licenses (see attached) Projected Time Frame and Proposed Methodology for Completion of Tent Fumigation Day 1 (Friday after 5:OOPM) Tarps will be loaded and staged on the roof. The building may remain occupied. Day 2 (Saturday -AM) A) All hoses, fans, chloropicrin trays and Vikane gas monitoring devices will be set up inside of the facility. B) Secondary lock all exterior entrance doors. C) Begin "dropping" tarps over the main structure. D) Use 120' manlift to "wrap" tower. E) Finish all seams and secure tarps on ground. Day 2 (Saturday -mid afternoon) A) Introduce Chloropicrin. B) Introduce Vikane gas. C) Begin hourly monitoring of Vikane gas concentration one hour after introduction. Day 3 (Sunday-12:OOPM) A) Open tarp seams and all exterior doors and windows, start aeration. B) Remove tarps and continue aeration. Day 3 (Sunday-6:OOPM) A) Verify gas concentration is no more than 1 P. P.M. B) If 1 P.P.M. or lower the building may be reoccupied. Lim FUMIGATION SERVICES MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT I, 1•` d r^k YV 21 N J � g P.%, e K G w o n TO Uh of the city of t� according to law on my oath, and under penalty of perjury, depose and say that: I am P r{ S ,"d e, + of the firm of %��•+'•• w`t2.ad �!//%4i �� Cvn fro the bidder making the Proposal for the project described in the Notice for Calling for bids for: Ir'.l #" 115 CA -/vn SPS V i c E S, r' -f-% e %�%'I on roe Coon f y Cou �/tou 5� 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. (Signature of Bidder) STATE OF: ir/v r "d a COUNTY OF: /I'I o» r o e— 5- Z I IO (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, _Tka r V_ U 12 6n<- who, after first being sworn by me, (name of individual signing) affixed his/her signature n the space provided above on this gZ I day of _ _ 2010 . Y r , CHRISM M. WJDE r MY COMMISSION # DD 604110 - w EXPIRES: Novwtw 21 2010 s � BwdedThuNoUgPubbWeiwdbts NOTARY PUBLIC My Commission Expires: it / l 2.! ) Lail) Bid Documents 3-3 April 2010 FUMIGATION SERVICES MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE In a t /C �j warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) r Date: 57L` [I e STATE OF rlo,-I'd a COUNTY OF Md N r o e PERSONALLY APPEARED BEFORE ME, the undersigned authority, COL Qe; f,I& , who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 2--1 day of 20 1 t1 . NOTARY PUBLIC My commission expires: OMB - MCP FORM 94 ��A�141�IF�Y %pirm M. n12011100 MY COMMISSION #a=EXPIRES: Novemb ; '? Bwdod Nu Notary Pubk Urxkrr�Ean Bid Documents 3-4 April 2010 FUMIGATION SERVICES MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Pon e-r-Aeaj (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited.in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Sign e 5_J2 /' 11O Dad OMB - MCP#5 Bid Documents 3-5 April 2010 C1 FUMIGATION SERVICES MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLORIDA LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: 5 A t /o 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? YE-5 (Please finish 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? yE 5 List Address: 30385- Qua; Kvv5t T.-o 1l 6i'c1 Pie k, Telephone Number: 3 0 S- 5- / 5- Z 8 0 0 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? /Vo If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Tel. Number Print Name: /r!a Ale,,", J� e�--� Signature and Tit of Authorized Signatory for Bidder/Responder STATE OF A I- I WO COUNTY OF M011 roe On this day of 0�1_, 20 10 , before me, the undersigned notary public, personally appeared known to me_tQ be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference F for the purposes therein contained. L -AI. Notary Public Print Name My commissio Seal CHRISTINA MGWE ISSION # 604110 i EXPIRES; November 2 ,2010 Mnded mN ray PLdc UM*wbm Bid Documents 3-8 April 2010 STATE OF FLORIDA Aiglalrtment of Agriculture anb Con>liumer Aerbices BUREAU OF ENTOMOLOGY & PEST CONTROL Dale File No. Expires October 28, 2009 JB113477 November 30, 2010 TlIF PEST CONTROL FIRM NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: November 30, 2010 AT 30385 QUAIL ROOST TRAIL BIG PINE KEY, FL 33043 HAMMERHEAD TERMITE CONTROL Fumigation 30385 QUAIL ROOST TRAIL General household Pest and BIG PINE KEY, FL 33043 Rodent Control Lawn and Ornamental ��/I p Termite and Other WDO Control CHARLES H BRONSON, COMMISSIONER J Q� CD t M ul Ul r W OJ a O LL J O J W O a' (� f Q Y " F— — L1. azLnoo H ui� �Ucr a F w � ��u,u~iz V om o D-O w Co LL C o v v .. r- o a /1 rl Q O I J a F>1 ~ D- U) � . w C 'V) V) o V) M W V J D � D O V C� fo [0 00 ,.� W OL OZW N m � \ uj J o r CO a O V) a N Z W H wro _� H aU� O ILW U w cj� o LL o W � W U Q ?z O ly W aW z Z WW � C7 OM = > CD O '^ c v E z E L zQ (V C L C C Ln zi OD O� V) m o V) co dt y W c o.. u ou) (0 Z g W U n W Q ul U) a� a� o �+ a W d o ro O O ce E Q X 9 (f) o V) D0( °o2� z ►-4 '<QZV) LLJ �Q Qz U.BOO O Z U J W OJa� IJJ Q U z g =woo D `o O 4 >- y Z 'O � 1-4 V O M R J M V) F. J U LL 0 o LL o = U ni V N 3 "' a _Qa L Y Ir Z o Oru y Oi =`4 o� o x F- c m r O oa a LTI W Ln a m F_ V) w U o o W cl� 0 0 Q a O H Q LLJ ui Q ru u w a W 2: Q OQ ra (n W > H H m Z Q = W C- F- 05/17/2010 06:27 3055152808 HAMMERHEAD TC PAGE 02/02 FUMIGATION SERVICES MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLORIDA IN'SU ANCE .4GENT'S STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. POLICY G L P5 P oa :> Z'&- - oS 1 m P'51c Oc%::' :-S3G6 -off fFoP aPPS»ly P-<P,-,vo66 -or' Liability p_olicies are 5�i°`' e Occurrence Great Scot! Insurance, Inc. 12155 Metro Parkway, Ste. #28A Ft. Myers, FL 33966-8302 DEDUCTIBLES z. s-b--6 APKZ!� Claims Made �e Si ^ e Print Name: Sid Documents 3-7 April 2010 FUMIGATION SERVICES MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLORIDA Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Worker's Compensation Employer's Liability General Liability • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury • Expanded Definition of Property Vehicle Liability Employee Dishonesty Required Limits Statutory Limits $100,000/$500,000/$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 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 ($10.00) of remuneration paid to the Contractor is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S /RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder/Respon ent Signature Bid Documents 3-6 April 2010 FUMIGATION SERVICES MONROE COUNTY COURTHOUSE, 500 WHITEHEAD STREET, KEY WEST MONROE COUNTY, FLORIDA I acknowledge receipt of Addenda No. (s) I have included the Bid which includes l . Bid Form 2. Non -Collusion Affidavit ✓ 3. Lobbying and Conflict of Interest Clause Form ✓ 4. Drug Free Workplace Form 5. Local Preference Form r/ In addition, I have included 6. Current copy of Contractor's License ✓ 7. Copy of Business Tax Receipt ✓ 8. Insurance Agents Statement ✓ 9. Bidder's\Respondent's Insurance & Indemnification Statement v__- 10. All requirements as stated in the Instruction.to Bidders, Paragraph 4. (Check mark items above, as a reminder that they are included.) Mailing Address: 313 QuAlt IPov f Ti'U%1 Telephone: C3 ° 5.) 57r 2 Soo 13 ra Pet kw4FL 330�13 Fax: 3osS15"-z$o8 Date: ZV i0,._,_ Signed: ✓ v le � Witness: Print Name #a_rk �� , Title r t e$ lydell+ (Seal) Bid Documents 3-2 April 2010 www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us Previous on List Next on List E-Filing Services No Events No Name History Detail by Entity Name Return To List Florida Profit Corporation HAMMERHEAD TERMITE CONTROL, INC. Filina Information Document Number P02000101950 FEI/EIN Number 412061400 Date Filed 09/20/2002 State FL Status ACTIVE Principal Address 30385 QUAIL ROOST TRAIL BIG PINE KEY FL 33043 Changed 01/06/2009 Mailing Address 30385 QUAIL ROOST TRAIL BIG PINE KEY FL 33043 Changed 01/06/2009 Registered Agent Name & Address WEINBERG, MARK 30385 QUAIL ROOST TRAIL BIG PINE KEY FL 33043 Address Changed: 01/06/2009 Officer/Director Detail Name & Address Title D WEINBERG, MARK 30385 QUAIL ROOST TRAIL BIG PINE KEY FL 33043 Annual Reports Report Year Filed Date 2008 01 /07/2008 2009 01/06/2009 2010 01 /09/2010 Document Images Document Searches 01/09/2010 -- ANNUAL REPORT View image in PDF format 01/06_/2.009--_ANNUAL_REPORT View image in PDF format Forms Help Entity Name Search Submit http://ccfcorp.dos. state. fl.us/scripts/cordet.exe?action=DETFIL&inq_doc_number=PO200010195O&inq... 6/ 10/2010 www.sunbiz.org - Department of State Page 2 of 2 01/07/2008 -- ANNUAL REPORT View image in PDF fom3at 01/08/2007 — ANNUAL REPORT View image in PDF format 01/11/2006 ANNUAL REPORT View image in PDF format 01/18/2005 -- ANNUAL REPORT View image in PDF format_ 01/12/2_004_-- ANNUAL REPORT View image in PDF format 01/13/2003 -- ANNUAL REPORT View image in PDF format 09/20/2002_domestic Proft View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History Home Contact us I Document Searches I F-Filing Services I Forms I Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Entity Name Search Submit http://ccfcorp.dos. state.fl.us/scripts/cordet.exe?action=DETFIL&inq_doc_number=PO200010195O&inq... 6/10/2010 2010 FOR PROFIT CORPORATION ANNUAL REPORT FILED Jan 09, 2010 DOCUMENT# P02000101950 Secretary of State Entity Name: HAMMERHEAD TERMITE CONTROL, INC. Current Principal Place of Business: New Principal Place of Business: 30385 QUAIL ROOST TRAIL BIG PINE KEY, FL 33043 Current Mailing Address: 30385 QUAIL ROOST TRAIL BIG PINE KEY, FL 33043 FEI Number: 41-2061400 FEI umber Applied For ( ) Name and Address of Current Registered Agent: WEINBERG, MARK 30385 QUAIL ROOST TRAIL BIG PINE KEY, FL 33043 US New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( I. OFFICERS AND DIRECTORS: Title: D Name: WEINBERG, MARK Address: 30385 QUAIL ROOST TRAIL City -St -Zip: BIG PINE KEY, FL 33043 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MARK WEINBERG PRIES 01/09/2010 Electronic Signature of Signing Officer or Director Date CgRTIFICA'PE OF iNsuRANCE Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND GREAT SCOT! 1NSURANCE, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE .2155 Metro Parkway, 28A DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Fort Myers, FL 33966-8302 POLICIES BELOW Prone: 239-561-240f� / 800-927-0418 Insurers Affording Coverage Fax: 239-561-0496 www.gsiinsurance.com Insurer A: STAR.NET INSURANCE COMPANY Insured Insurer B: HAMMERHEAD TERM77E CONTROL, INC. Insurer C: 30385 Qaaii Roost Trail Big Pine Key, FL 33043-3350 Insurer D: insurer E: Coverages THE POLICIES OR 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 TFRM,S_ FXC'.TJ1GTnNF nNn (nm')TTTnNc nW ciloq PnT.TITPl cun.ni n 1 vn,m nc 1T nn Co Pot. Eff. Pol. Exp. Ltr Type of Insurance Policy Number Date Date Limits of Liability A General Liability PSP0002866-05 11/15/09 11/15/10 General Aggregate $1,000,000 © Commercial General Liability Products-Comp/Ops Agg $1,000,000 ❑ Claims Made ® Occurrence Personal & Adv Injury $500,000 ® Contractual Each Occurrence $500,000 ❑ Fire Damage (Any One Fire) $100,000 Medical Expense (Any One Person) $5,000 Automobile Liability Combined Single Limit $0 ❑ Comprehensive Ded. Bodily injury (per person) ❑ Collision Ded. SO ❑ Hired Autos Bodily Injury (per accident ❑ Non -Owned Autos ❑ Autos Specified on Schedule Property Damage $0 Excess Liability Each ❑ Umbrella Form Occurrence Aggregate 1$0 ❑ Other Than Umbrella Form $0 Worker's Compensation Statutory Each Accident $0 And Employer's Liability Disease -Policy Limit $0 Disease -Each Employee $0 A Inland Marine PSP0002866-05 11/15/09 11/15/10 E ui ment Limit $45,000 A Property PSP0002866-05 12/15/09 11/15/110 Building Limit $0 Contents Limit 54,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PEST CONTROL OPERATION Certificate holder is named as additional insured on general liability WDO Inspection Professional Liability $500,000 Limit Included Certificate Holder CANCELL2M ON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 C/o Purchasing DAYS WRITTEN NOTICE TO THE CERTTFICAT.E HOLDER NAMED TO THE LEF?, BUT 1100 Simonton St FAILURE TO P1AIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Gato Blac Room 1-213 OF ANY KIND UPON THE COMPANY, IT5 AGENTS OR REPRESENTATIVES. Key West FL 33040 Authorized Representative neb Form LS-S (1/147) gcaJzh® CERTIFICATE OF LIABILITY INSURANCE OP ID SC �� FDATE (MMIDD/VYYY) 06 28/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER NAME: PHONE IFAX wCAIc, No)_ No, Ex ( - - - The Johnsons Insurance Agency L ADDRESS: - PRODUCER CUSTOMER ID#: HA1-1ME_3 30975 Avenue A Bi Pine Key FL 33043 Big Y INSURERS) AFFORDING COVERAGE NAIC # Phone : 30 5— 872 —2 8 8 8 INSURED INSURER A: The St. Paul Cos./Tcaveleis Hammerhead Termite Control Inc Mark Weinberq 30385 Quail Roost Trail Big Pine Key FL 33043 INSURERS: -- — INSURERC: -- INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR SUB WVD --- POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICYEX (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ -UAVAG PREMISES (Ea occurrence) -- $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ $ PRO _-- POLICY "LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 500 000 r A ANY AUTO BA8211M16609SEL 12/17/09 12/17/10 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE (Per accident) $ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $ $ UMBRELLA LIA13 EACH OCCURRENCE $ AGGREGATE $ JOCCUR EXCESS LIAB CLAIMS -MADE DEDUCTIBLE _ $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) / A TORY LIMITS ER___ E.L. EACH ACCIDENT $ _ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below $ 7= IESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) :ERTIFICATE HOLDER CANCELLATION Monroe County BOCC c/o Purchasing Dept. 1100 Simonton Street Key West FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONRO- 6 I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. n AUTHORIZED REP)tESENTATIVE The Johnsons NCORD 25 (2009/09) © 1988-2009 ACOR The ACORD name and logo are registered marks of ACORD PORATION. AIIYights reserved. _ DATE (MM1D CERTIFICATE>OF-INSURANCE.. 05-12-10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE JOHNSON INS AGENCY 13361 OVERSEAS HWY * HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE MARATHON FL 33050 COMPANY 29J9R A FLORIDA W.C. JUA INSURED COMPANY HAMMERHEAD TERMITE CONTROL INC B __ COMPANY 30385 QUAIL ROOST TRAIL BIG PINE KEY FL 33043 C COMPANY D ccv�RAr�i�s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABQVE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM\DD\YY) POLICY EXPIRATION DATE (MM\DD\YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ COMMERCIAL GENERAL LIABILITY PERSONAL & ADV. INJURY $ CLAIMS MADE a OCCUR. EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per Accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY (GFR13UB-9839L90-8-09) 12-12-09 12-12-10 STATUTORY LIMITS NA EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE Hx DISEASE -POLICY LIMIT $ — DISEASE -EACH EMPLOYEE $ 1 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MONROE COUNTY BOCC , C/O PURCHASING DEPARTMENT, GATO BUILDING 1 -2. 1 3 , 1 100 S I MONT ON ST , EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE �� BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person John W. King, (305) 292-4431 AGENDA ITEM WORDING: Approval to award bid and execute a contract with DebonAir Mechanical, Inc. for central air conditioning maintenance and repair for County facilities in the lower keys. ITEM BACKGROUND: On July 25, 2010, the current contract with Weathertrol Maintenance Corp terminates with no renewals remaining. Lower Keys a/c services were put out to bid on June 23, 2010 and three respondents: (1) Weathertrol Maintenance Corp. — Labor during regular hours $88.50/mechanic, $167.50/mechanic and helper; overtime $132.75/mechanic, $353.25/mechanic and helper; Freon — R-22 $14.00/lb, R-12 $60.00/lb, R-I I $67.00/lb, 134 A $18.00/lb, 408 A $35.00/lb, 404 A $25.00/lb, 123 $23.00/lb., parts - manufacture's invoice plus 20%; (2) SubZero — Labor during regular hours $95.00/mechanic, $142.50/mechanic and helper; overtime $125.00/mechanic, $175.00/mechanic and helper; Freon — R-22 $24.00/lb, R-12 $42.00/lb, R-I I $42.00/lb, 134 A $26.00/lb, 408 A $32.00/lb, 404 A $26.00/lb, 123 $24.00/lb,. manufacture's invoice plus 30%; and (3) DebonAir Mechanical, Inc. - Labor during regular hours $89.00/mechanic, $134.000/mechanic and helper (error for this category - only $45 on bid proposal but clarified); overtime $133.50/mechanic, $201.00/mechanic and helper; Freon — R-22 $13.00/lb, R-12 $51.00/lb, R-11 $28.00/lb, 134 A $18.00/lb, 408 A $26.00/lb, 404 A $17.00/lb, 123 $12.00/lb,. manufacture's invoice plus 30%. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval Not to exceed TOTAL COST: $60,000 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 DOCUMENTATION: DISPOSITION: Revised 2/05 Attfed OMB/Purchasing v,/ Risk Management,/' InclX Not Required AGENDA ITEM # M E M O R A N D U M DATE: June 28, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — July 21, 2010 BOCC Meeting Approval to Award and Execute Agreement — DubonAir Mechanical, Inc. for central air conditioning maintenance and repair for the Lower Keys The current contract for Lower Keys a/c repair and maintenance terminates July 25, 2010 with no renewal options remaining. Bids were opened on June 23, 2010 for central air conditioning maintenance and repair for the Lower Keys with three bidders responding: (1) Weathertrol Maintenance Corp. — Labor during regular hours $88.50/mechanic, $167.50/mechanic and helper; overtime $132.75/mechanic, $353.25/mechanic and helper; Freon — R-22 $14.00/lb, R-12 $60.00/lb, R-11 $67.00/lb, 134 A $18.00/lb, 408 A $35.00/lb, 404 A $25.00/lb, 123 $23.00/lb., parts - manufacture's invoice plus 20%; (2) SubZero, Inc. — Labor during regular hours $95.00/mechanic, $142.50/mechanic and helper; overtime $125.00/mechanic, $175.00/mechanic and helper; Freon — R-22 $24.00/lb, R-12 $42.00/lb, R-11 $42.00/lb, 134 A $26.00/lb, 408 A $32.00/lb, 404 A $26.00/lb, 123 $24.00/lb,. manufacture's invoice plus 30%; and (3) DebonAir Mechanical, Inc. - Labor during regular hours $89.00/mechanic, $134.00 Jmechanic and helper; overtime $133.50/mechanic, $201.00/mechanic and helper; Freon — R-22 $13.00/lb, R-12 $51.00/lb, R-11 $28.00/lb, 134 A $18.00/lb, 408 A $26.00/lb, 404 A $17.00/lb, 123 $12.00/lb,. manufacture's invoice plus 30%. The bid form submitted by DebonAir indicates $45.00, for the mechanic and helper which seemed unrealistic. DebonAir was asked to clarify this discrepancy and they told us it was a typo that the $45 amount shown was to have been added to the $89 mechanic rate for a total of $134.00. This is more in line and still lower than the other proposals for this category. I hereby recommend approval to award bid and execute a contract with DebonAir Mechanical, Inc. for central air conditioning maintenance and repair for the Lower Keys. JWK/jbw Enclosures � s o } W V H MO a H O � u V H s q U � N ]L In N Z Q fV -4 .-4 > (� 3 ���u.CI L1J F-LouS "� l 4Pr N {/} {,I} W? kA EA � 'av O � N Q Q Q a N (.. oc .Na ..--i 000 N d Z W ac ac ac ac d- Cl '" CL Q L F- O a ix 01 > DC Q O W aL Q w J d =_ d '(4) M N F� a # oc cc O cz W ix W � L a p V H 4 W V O O = �mgz n- o- L. w U Lu 2 0 Z Q z o v V O Q j-►�QO (,i-4 -a > >OZN 2 W >�-3"'� v d ac O N F- Z 40or +prLU In W H _c oaf v}i �= LU = J Z V DC -a ;a LLJDC Q gx Q W Z O p ix ix -° Q IacaHQ Z Z wZY O O Qr)`2 rn o rn zZ HO co � C� 00 tii v v�i 4-44i H W O H s u— g 4-0 a Z a L -v Q O o > ._ H 0 d u =- J > L N Q Z v cn �f o W 1-4V o� ct V z Q += } u h O 2 o W V) W a a } V V O I-CO t- Q } o 0 u LL d Z L %` 4- o mLU } } LU d � O Q (h CL o v LJJ LL W LL = O O Z, aC Z p N w Q QLU Z > V m ti Q j Q H H � Z W cH � C O Q V) ui H _1 H V Q LL ui ]L ui _1 H W cz ad LL V Q w Z H CL H r� I-" H Q V H Q _l Q LU V Q H O LL ui cz O P. 0 O M CO J CO co CO CO J O p O 0 0 0 C N"t� N M N N +d} {p} .gyp. 'H} 4:Pr 60r (V N Q Q M a ix I = ac ac LL w G. d O t? L6 N oN 0 O N CO CO m co CO CO J J J J J J m J 0 0 0 0 0 0 0 O O O O .V.� 'o Lp � cM N N (V (V M DC DC DC � l d d �LO N M LO —4 N 43F� iWor 2 = ac � LL w d 0- O �? o OC) %0 Lu Q z Q LU Z H CQ J �L LU Q LL 3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DebonAir Mechanical, Contract # Inc. Effective Date: 7130/10 Expiration Date: 7/29/ Contract Purpose/Description: Award and execute contract for central a/c maintenance and repair for the Lower Keys Facilities Contract Manager: Jo B. Walters 4549 Facilities Maint / #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 07/21/10 Agenda Deadline: 07/06/10 CONTRACT COSTS Total Dollar Value of Contract: $ 60,000 me Budgeted? Yes® No ❑ Account Codes: Grant: $ County Match: $ Current Year Portion: $ 001-20501-530-340- 001-20505-530-340- ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, Date In Division Director -ILIA Risk Managment ILO QJLL \ -r O.M.B./Purchang County Attorney o OMB Form Revised 2/27/01 MCP #2 CONTRACT REVIEW Changes Needed Yes❑ NoE� Yes[:] Noo' Yes❑ N Reviewer Date Out 7h N, AGREEMENT FOR CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR— LOWER KEYS FACILITIES MONROE COUNTY FLORIDA This Agreement is made and entered into this day of July, 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 DEBONAIR MECHANICAL, INC. ("CONTRACTOR" ), a Florida corporation, whose address is P. O. Box 420442, Summerland Key, Florida 33042. WHEREAS, COUNTY desires to provide central air conditioning maintenance and repair services to COUNTY Lower Keys Facilities;: and WHEREAS, CONTRACTOR desires and is able to provide central air conditioning maintenance and repair services to COUNTY Lower Keys Facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide central air conditioning maintenance and repair services to COUNTY Lower Keys Facilities, 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, exhibits, and any addenda only. 2. SCOPE OF THE WORK A. Routine repairs and maintenance of all county maintained central air conditioning units in the Lower Keys area. B. Emergency repairs of all county maintained central air conditioning units in the Lower Keys area. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR shall be at the site of an air conditioning malfunction within three (3) hours of verbal or written notification by the COUNTY. The CONTRACTOR shall provide an after hours contact person and phone number. The COUNTY, upon award of the contract, shall provide a contact person and phone number for building and equipment access. C. The CONTRACTOR shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained central air conditioning units so that such emergency repairs will be completed within 48 hours of notification by the COUNTY. D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer's invoice cost of all parts and materials, plus 30%, that are used in the repair of all county maintained central air conditioning units. Manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested for any part regardless of the cost at the discretion of the Senior Director of Public Facilities Maintenance, or his designee. All parts and materials shall be of equal or greater quality as compared to existing Parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices exceeding $500 must accompany requests for payment. Freight invoices may be requested for any freight charge, regardless of the cost, at the discretion of the Senior Director, Public Facilities Maintenance, or his designee. E. 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. F. The facilities are located throughout the LOWER Keys area. Buildings to be serviced shall include, but shall not be limited to, the following: KEY WEST COURTHOUSE Jackson Square Complex, 500 Whitehead Street, Key West MONROE COUNTY COURTHOUSE ANNEX, a/k/a JUDGE JEFFERSON B. BROWNE COURTROOM COMPLEX (including 1986 Jail Addition) Jackson Square Complex, 510 Whitehead Street, Key West J. LANCELOT LESTER JUSTICE BUILDING INCLUDING CLERK'S RECORDS STORAGE FACILITY Jackson Square Complex, 530 Whitehead Street, Key West FREEMAN JUSTICE CENTER 302 Fleming Street, Key West JUVENILE DETENTION 500 Whitehead Street, Key West KEY WEST LIBRARY (MAY HILL RUSSELL LIBRARY) 700 Fleming Street, Key West GATO BUILDING 1100 Simonton Street, Key West HARVEY GOVERNMENT CENTER 1200 Truman Avenue, Key West HARVEY CENTER NUTRITION SITE 1200 Truman Avenue, Key West TAX COLLECTOR/DMV OFFICES 3439 South Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 5501 College Road, Key West 2 SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION 2nd Street and McDonald Avenue, Stock Island BAYSHORE MANOR 5200 College Road, Key West BIG COPPITT FIRE STATION 28 Emerald Drive, Big Coppitt Key SHERIFF'S SUB -STATION US Highway 1, Cudjoe Key BIG PINE KEY FIRE STATION 390 Key Deer Boulevard, Big Pine Key BIG PINE KEY LIBRARY (one-story CBS Building) Big Pine Key Shopping Center, Big Pine Key TAX COLLECTOR/SHERIFF'S OFFICE Big Pine Key Shopping Center, Big Pine Key HOUSE AT BIG PINE KEY PARK (formerly OLD MARINER'S RESORT) 31009 Atlantis, Big Pine Key BIG PINE KEY PARK COMMUNITY CENTER 31009 Atlantis, Big Pine Key 3. 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, 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. D. COUNTY shall pay the actual cost of parts and materials purchased from the manufacturer plus 30% to fulfill the obligations of the Contract. A manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any freight charge, regardless of the cost associated (see 2.E.). E. The cost of labor used by the contractor to fulfill the obligation of the Contract. The labor costs will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor— Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $ 89.00 per hour, mechanic $134.00 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $133.50 per hour, mechanic $201.00 per hour, mechanic plus helper Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. F. Freon for recharging systems: R-22 $13.00 per pound R-12 $51.00 per pound R-11 $28.00 per pound 134 A $18.00 per pound 408 A $26.00 per pound 404 A $17.00 per pound 123 $12.00 per pound Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. Contractor shall submit the Application for Payment form attached with all invoices. G. Total Compensation to CONTRACTOR under this Agreement shall not exceed SIXTY THOUSAND AND N0/100 DOLLARS ($60,000.00) unless approved by the Board of County Commissioners. 4. TERM OF AGREEMENT This Agreement shall commence on July 30, 2010 and ends upon July 29, 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 one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as 4 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 shall be submitted to the COUNTY upon execution of this Agreement. 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. 5S.03, FS, running from the date the monies were paid to CONTRACTOR. ?. 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 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUN'TY'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 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 CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the term of this AGREEMENT, (B) the negligence or 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 that it undertakes under the terms of this AGREEMENT, 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 CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. 5 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: WORKERS COMPENSATION AND EMPLOYER'S LIABILTTY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. 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. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 9. NON -WAIVER OF IAA UMTy 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. NONDISCRIMINATION 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. 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. 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 7 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. 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 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 CONTRACTOR: Monroe County DebonAir Mechanical, Inc. Public Facilities Maintenance x �12 L-1 2- 1100 Simonton Street, #2-284 u-3 m— F y F L. 33 0 1I z Key West, Fl. 33040 o_5 gy g , q q and Monroe County Attorney Post Office Box 1026 Key West, 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. 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 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. M 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the 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 RESPONSIBIIdTIES 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. 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 10 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 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 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. 91 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: Witnesses for CONTRACTOR: ignature - CC)-lX�ltJ Date I&I Signature Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA Mayor Sylvia J. Murphy ° iii= I i — Signature o person authorized to legally bind Corporation Date: tz,.z's - ( 0 Print Name Address: P. O. Box 420442 Summerland Key, FL 33042 Telephone Number: 806 --0 V 2-33q 9 - "'Y ATT Y OV AS TO / PEDRO J. OUNT ATTORN�-Z4, 12 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY. FLORIDA APPLICATION FOR PAYMENT DETAILS DA r>-: ARRIVAL. T1MF: DEI)ARTURE TIME: LOCATION: PARTS AND MATERIALS COSTS X CI EM DLSC'RII'TION UNCI VRI(T. QUANTITY SUS -TOTAL. 4 DARTS & MA7 LIZIALS SUB- l t)"I-Al INCRe;Asl=. PARTS & MATERIALS TOTAL FREON COSTS I_14S OF r' ITR POOND FREON TOTAL LABOR AND EQUIPMENT COSTS HC)LJRS u LABOR & EQUIPMENT TOTAL TOTAL DESC'RII'1.1(_)N (A WORK — Date A mhorized Signature i Title * i""ontractor most provide a copy ol'ihe klanit (Act urec. Invoice for pans over $500.00, and may be required to provide ManufF)cturer's Invoice Liar alI parts proviclecl. Contractor must provide copy of freight invoice for transportation or shippingg, costs over S500.00. and may he required to provide an invoice for any freight charge. regardless of the cost. COVER PAGE "BID — A/C MAINTENANCE AND REPAIR LOWER KEYS FACILITIES BIDDER: DebonAir Mechanical P.O. BOX 420442 SUMIAERLAND KEY, FL 33042 Bidder's Contact Name: Greg C. Witt, Operations Manager Cell: 305-849-3399 Office: 305-744-0123 Tab 1 General Information 1. Shareholders: Susan Aleshire - President ( 51% ) Charles Aleshire - Vice President ( 24% ) Hector Anduiza - Vice President ( 25% ) 2. Officers and Directors: Susan Aleshire - Secretary Charles Aleshire- Treasurer 3. DebonAir Mechanical Inc. was established on January 1n in 1992 and has been doing business in Mechanical HVAC throughout that 19 % year period. 4. 19 %: years. 5. DebonAir has completed every job that it has been awarded during its history in business. 6. Customer References (See Tab 2) 7. Credit References (See enclosed list (Page 4)) 8. Relevant experience (See Tab 2) 1. Tropic Supply 151 NE 179th Street Miami, FL. 33162 305-652-7717 2. Trane Parts 7415 NW 19`h Street Miami, FL. 33126 305-592-0672 3. McQuay International 24827 Network Place Chicago, IL. 60673 763-553-5330 Credit References 4 Tab 2 Past Performance on Similar Proiects 1. Navy VA Clinic 1300 Douglas Court Key West, FL. 33040 Gary Clarke (305) 293-4533 Since 2004 DebonAir Mechanical has provided Maintenance and HVAC service to the Navy VA Clinic. We have been the primary source of their HVAC needs and have strived to provide the best service possible. We have completed maintenances, troubleshot and serviced units, serviced various mechanical equipment ranging from chillers to pumps and VFDs. We have also replaced various pieces of equipment as necessary in all areas of the clinic. The contract is ongoing. 2. Southernmost Hotel 1319 Duval Street Key West, FL. 33040 Skip Ross (305) 294-5539 DebonAir has been a service provider for the Southernmost Hotel for over 10 years now. We have provided an HVAC Maintenance contract as well as emergency service. At the Southernmost Hotel we have worked on equipment ranging from ice machines to regular direct expansion (DX) split systems. Our service contract with the Southernmost Hotel is still active today. 3. Kennedy Building 1010 Kennedy Drive Key West, FL. 33040 Karen (305) 293-8065 The Kennedy Building has been a customer of DebonAir since 2003. In 2005 they signed a service agreement and have been a regular customer since then. We have provided them with preventive maintenance on their chillers and air handlers as well as VAVs. We have also provided 24 hour emergency service. Recently, DebonAir was privileged to upgrade half of their mechanical system to a City Multi unit which has brought them appreciable savings in energy and maintenance costs. 4. Monroe County Schools 90050 Overseas Highway Tavernier, FL. 33070 Jeff Barrow ieff barrow@keysschools.com Monroe County Schools is one of the latest customers that DebonAir has started to perform work for. We have been doing service and retrofit on their equipment for a period of 4 months. We have replaced compressors and done other types of service work. As well, we have provided 24 hour emergency service. Customer References Navy VA Clinic 1300 Douglas Court Key West, FL 33040 Gary Clarke 305-2934533 Southernmost Hotel 1319 Duval Street Key West, FL 33040 Skip Ross 305-294-5539 Kennedy Building 1010 Kennedy Drive Key West, FL 33040 Karen 305-293-8065 Monroe County Schools 90050 Overseas Highway Tavernier, FL 33070 Jeff Barrow jeff.barrow(a->kevssehools.com (?ebonAir fffechanical Greg Witt gwitt@debonairac.com ' ' Cell: 306-849-3399, Florida Keys to Palm Beach and Southwest Coast 91ax: 305-745-8559� .dower Keys (305)744-0123 1-800-447-1562 Preventative Maintenance Scope of Services Our Recommendations for Inspections are as follows: 1. A/C Equipment (inside and out) — 4 times a year. 2. Commercial Facilities Depending on Activity — (4) to (12) times a year Duties Comments act all electrical wiring In equipment for overheating/discoloration Ins ect electrical contactors for signs of wear of excessive arcing Check refrigerant pressures or temp split Delta — T Check equipment operatingoperaUng amperages Check operating and safety controls Crankcase heaters etc. Check unit for cany signs of excessive vibrations and noise ..Check4hermostat operation and calibration as required ffin.spppt system for traces of oil due to refrigerant leaks Clean condensate pans and drain lines as needed Lubricate bearings per manufactures recommendations Check panel on units and verify that they are secure and IN PLAC EI Check coils and blowers for cleanliness Check com ressor crankcases for proper oil levels Remove all debris from and around A/C a ui ment Check auxiliary condensate pans and overflow switches Advise customers of any system ab ormalities Inspect and change filt rs as needed Inspect belts and replace. as needed or adjust to proper tension Log C llers if applicable/Check Cooling tower gearbox oil levels _ Check variable frequency drives for proper operation Check in -line float switch Code required) Date and Sin PM white sticker on air handler Check UN M61d Light, if applicable Technician: Customer Signature: Date: Customer Comments: Tab 4 Litigation a. NO Bidder has never failed to complete work or provide goods for which it has been contracted. b. NO There are no judgments, claims, arbitration proceeding or suits pending or outstanding against the bidder, its officers or general partners. c. NO We have not been involved with any lawsuits or litigation concerning services similar to those mentioned in the RFP. d. NO We have not been involved with litigation or suits with the county concerning good or construction services. CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, 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 I: 11 - �• i - .• �.� W-RMP-Map ..M.. _ � - The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of - CENTRAL A/C MAINTENANCE AND REPAIR LOWER KEYS FACILITIES 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. Labor — normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: BIDPRICE: $ $ . o-_ PER HOUR, MECHANIC BID PRICE: $ Li S. c- PER HOUR, MECHANIC PLUS HELPER 2. Labor — overtime rate for hours other than normal working hours stated above, including holidays: BID PRICE: $ 133, Sb PER HOUR, MECHANIC BID PRICE: $ aO1 , ad PER HOUR, MECHANIC PLUS HELPER 3. Materials — Freon for recharging systems: Bid Documents 3-1 AprH 2010 v u H. c i. c v i v 1 'r 1 L I iri 3057450559 No. hhlU P� 02/09 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOW ER KEYS FACILITIES, MONROE COUNTY, FLORIDA i BID PRICE PER POUND: R-22 $ 13. �o R-12 $ Sk.ao R-11 $ 134 A 408 A 404A 123 $ i 4. Materials - Supplies and Replacement Parts. BID PRICE: Manufacturer's Invoice plus 3 o _ % 5. Freon evacuatioA and, disposal shall bo a part of the Contmk 's rate and shall not be blued as an additional • item. ' 6. Bidder acknowledges that the total cost to County shall not exceed Forty-t3vs Thousand Dollars ($45,000.00) unless pre -approved emargoney work requiring additional funds is -implemented. I aaknowledgc receipt of Addenda No. (s) ' I have Included the Bid Web includes L - Bid Forty ✓ 2. None -Collusion Affidavit _ 3. Lobbyins and Conflict of Interest Clause Form ✓ 4. Drug Pree Workplace Form ✓ 5. Local Preference Form In addition, I have included 6. Current copyof 4titractor's License ✓ 7. Copy of Business Tax Receipt ✓ 8. tnsuuratce Agents Statement 9. Bidder's1Resltondcmt's Insurance & Indemnification Statement ✓ 10. All requirements as stated in the Instructions to Bidders, Paragraph 4. fCkmk mark item8 above, as a remin&EAt tbgX are inch A Mailing Print Name !2PIKA CSC —5ffii /c P— (Seal) Tide ViCf- P/RC—SAS 81d Docum" April 2W L3 S51 V U11. LI. cv IV i L nri 3a57458559 No 5510 P 3 P(yvc 04/09 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOVER KEYS FACILITIES, MONROE COUNTY, FLORIDA a ' LO-SBYING• OF NTMEST .•. y' • ' -, ' -_19tiles JAI• c • . q,2rMAI "A EMICS CLAUSE that helt has not etttployed, mteiaed or otherwise had act on his/its behalf any f0tmer County o$lea or employee is violation of Section; 2 of Ordinrntce No.10-1990 or any County otfioer or employee ill violation of Section 3 of Ordinance No. 10-1990. Por breach or violation of thls pt'ovision the County way, in its discretion, tmMinate this contract without liability and may also, in It$ discretion, deduct from the contract ar purchase prlCv, or otherwise recover, the fall amount of any fee, commission, peaMtW, 9A or aonslderation paid to the former County officer or employee. . ($i�aaJtttre) Bate: 2-1 / / 0 STATE OF� � COUNTY OF r I -PER30NALLY APPEW- D BEFORE M8, the underslgaed authority, who, ai%r first ben swarm by me, affixed hiMw si "(name of individual sfgaiV is the space provided above on this 2IAct day of NO RY P LIC lvl}' Commission expires: JENWER� M KOSSTERRSSt MY COWSS10N r OM16776 A. ' ' 0 EXPUM: A IgW 2& 2012 OW - MCP FORM #4 "°°'�'0T""' ft "°'� . 81d a°ev"�"ts 3-4 AprO 2010 ae5 (458559 No. 5 510 P. 2 Pput 83/89 CENTRAL AIR CONDMONIN0 MAINTENANCE AND REPAIR LOWER KEYS FACUTiES, MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT 4 Als�X� s Ale ir:, h c ofthe city enaof a000tding to law on my oath, and tinder p h' ot f perjury, depose and:ay that ofthefirmof Q>r ooAt izcGw-ANic the bidder making the Prbpoaal .for the project dwribed in the Notice for Calling forbids for: and that I eaecatted the lead Proposal with full 4utlsority t do so: Z. tho prices in this bid have bean M ivod at independently without collusion, consultation, colttmtrofeW01' or al;;t'mement for the lwtpase of restric,64 competition, as to any matter relating tQ 0oh prim with „ay other bidder or with any competitor; 3. 'mlen odmWise Mluirbd by law, the prim which have been 4UOd in this bid have not been lmowingly diaciosod by the bidder and "I opt kJI0wingiy be disclosed by the bidder prior to bid opcning, diroctly or inditwdy, to any other bidder or to any competitor; and 4. rho *MPt has been taste er will be made b the bidder to induce any other person, patttuxstiip ar o"T" tfion to submit, or not to submit; a bid for the purpm of rcattictipg competition; 5 that Monroe C cna&ed in this afitdavit are true and ooX90, and made with full knowledge awstdiog contractsmty tr to�fdfies uponproj the of the staterooms Gobtsitted in this affidavit in *((ipsture of Bidder): (Date) STA'1:E OF: �r^vYhGx�— COUNTY OF: PERSONALLY APPBAM BEFORE la, the undersigned autbor4, % e-S the who, Aft" first being Iwo by me, (name o$lndividnal eignin� afliacecl hielhq ey atura in Space Proms dbOVC Olt this, i r day of . _/�. 2010 , F I /COSK-�- L1BNNtFBR M. K05TEIZS OTARTPUBLIC 6tY COhQQtga6iX My Commission FXpires.'0 AW. U 20,2 ere be«manfs 3,a Apri 2010 c i c v 1 v 1 Y. I J I iri J057458559 No. 5 510 P. 4 P4, 05/09 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOMR KEYS FA01uliE5. MONROE COUNTY, PLORIDA I)RUG-FME WORKPLACE FOB II'he undrnaignod vendor is accordance with Florida statute 287.081 hereby certifies that X_ A) A-1Z PC of o L c 4c- i, Publish a Statement notiiying employees that the unlawfW mapufiWUH.C., disthlution, d' Pooeeasion, or use of a Controlled substance is prohibitod in the wodtplace At►d in the will betaken %' + r.Mployees for vxolatlolts of such prohibition. and g aGgoN that mhIfOrm � nP about the daggers of drug abuse in the workpl>iee, the bminess's policy of programs, and the penalhet that be imRAY posed able drug ccump oae esf rehabilitation, and mployee assistance Y posed upon employees fen' drug abuse violations, 3. Give eacb empk" engaged in providing the Commoddties or eamraetual py lferviees that am woder bid a coof the statcmcot specified in subseedon (1), 4. In the statament specified in iubgection (1). notify the employees that, as a Condition of working on the commodities or oonttutni ser *ee that are under bid, the employes vrili abide by the terms of the s'►atement and will notify the employer of any conviction g or plea of guilty or nolo wrrtevdere _to, any xtaea. or of Chapter 893 (Irlorida Statutes) or of any controlled substance law of the [rotted States or ahy for a violation o00"ng in the workplace no later than five (3) days after such conviedon. 5. Impow a sanction on, or roquire the sakisfit" Participation in a drug program if mob is available ip the can I ' assistance or rehabilimtioa P oyee's c0MMV sty, or any employee Wbo is So convicted. 6cMake a good £with effort to aominuc to maintain a drug -free workplace through. *jemeatuVon of this As the person authorind to sign the stet meat, I certify that this fhm complies fully with the above requirements. OM13-Mao t3bd Dacurtxnts 3-5 Aot 2010 3057458559 No. 5510 P. $ PAUr- d9/09 t CENTRAL. AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACA.MES, MONROE COUNTY, FLORIDA � LOCAr, PREpERENC$ FORM A. Vendors claiming a local pre&mnta Wording to Ordinance 023=2009 must compieoe this form. NSMQ ofBidder%Reapondcr . &ON &/ K- .'� /j,'�/I/rc�Ee pate: 6 2 � 0 1. Does the vendor hava s valid rpeeipt for the business tax paid to the Monroe County Tax Collector dated at least one yea prior to tho notioo or inquest for bid or proposal? (Pleaft furnish copy. ) 2, Does the vendor have a physical business addrea Iodated wW%fn Monroe County bin which the vottdor operates or perform business on a dux�o day bmis that is a oabttodAl oompommt of the goo& or sa vioea being of%t^M to Monroe County? -,'�i� List Address! 1 ? 1 y%ALt +t-'- Telephone Number. 3 4 S - 714 y - B. Dora tho mdor/prime Contractor intend to subcontract SO% or more of the goods, aenric�g p� construction to local businesses mooW* rho oriWa above a to Ucwsing and looetion7 NV .Lf yes, please provide: 1, Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the suboontractor dated of least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Mom+oo County fvm which the subcontractor opCrates: Sugttnture and Title of uthorized Signatory for Sidder/Respdnder Tel. Number ]?riot Name:6.1/0-f �Gt, r� STATE OF F COUNTY OF ,� on this �I s�day of�J� 20_ 0 , before me, the undersigned notary putblia, petyenally appeared /' r . known to Me io be the PMOn whose home is Aubmbed above er-wJNT pred"aed - and acknowledged that he/she is the person who eRecod the qbov%Loca1 PrCference Form for the purposes therein contained. Notary Public `" �R M. S x obtloaSSIO DB912 6 Print Name NO" OF y PI. mom My commission Sea] 94 Dooumenti 3-9 APA 2040 v 1 v1 7. 1 -ji in 3057458559 No. 5510 P. 5 P06/09 LOWERCE :NTRAL AIR CONDITIONING KEYS AGIU-nES, MONROE COUNTY, FLORIDAaiR Bidder'aRespondeat•s Insurance and Indemnification Statement .nsurance uirement Required Lfmits Worker's Compensation Statutory Limits Employer's Liability $100,000/$500,000/$100,000 Getneral Liability $300,000 Combined Single Limit or $100,000/$300,000/$50,000 Vehicle Liability $100,000 Combined Single Limit or S50,0004100,000325,000 IFICATION ANn N[1► n 1�tgq t+nu rn ,•� . ,a... Notwithstanding any minim= ihsumce reNirtmouts prescribed elsewhere in this agraaement, Connector shall defend, indemulfy and hold the COUNTY and the COUNTys elected and appointed officers and employees harmless from and actions or ceases of actin against (i) any claian,R, rr, (") any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of jury (including death), loss, d"Go fine, penalty or business interruption, and (iii) any costs or expenses bast may be asserted against, initiated with rasped to, or sustained by, any indmnWIled ;paM by reason Of, or .in connection with, (A,) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invis during the term of this AGREEMENT, (B) the $lig nee or willful Uarisconduct of CONTRACTOR or any of its employees, agents, sub- contractors Or outer invitees, or (C) CONIRACTOR's default in respect of any of the Obligations that it undertakes under the tm Ms of this AGRJ✓M LENT, exeapt to the extent the claims, actions, causes of action, litigation, prooeetl itrtentional or sole negligent acts or negligent acts in part o or missi of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of 3dlOtn, litigation, proceedings, casts or expenses relate to events or circumstances that occur during the torte of this AGREEI ENT, this section will survive the expiration of the term of this AGREEMENT or any AGREEMENT. earlier tet7mitfofi of this 1n t116 event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insuriae, %0 Contractor shall ind=W increased expenses resulting from such delay. y the County from any and all The first ten dollars ($10.00) of remutaeration paid to the Contractor is consideration for the indemnification proviQed for above. The extent of liabillty is in 110 'way limited to, reduced, or lessened by the insurance requirements contained elsewhere within dais AVU Meet. This indemnification shall survive the expi;ratiorl or earlier termination of the Contut Bid Documents 3$ April 2010 --• --• --== "1�� �-" �3057456559 No. 5510 P. 6 PAut 07/09 CENTRAL AIR CONDITIONING "NTMANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA + i�•�i:�Ii.��;/I) l understand tho ineurence that wlll be mandatory [ awarded the contract and will comply in ftjh w' ail the requiretnettm. aiddcrli."ndent Signature Bld Doa��q 3-7 AW 2010 ---, -%,.2 rax server Jun. 22. 2414j, 8: 3 103857458559 No. 5515 P. � PAt,� d2/03 CENTRAL AIR CONDI710NING MAINTENANCE AND REPAIR LOWER KEYS FACH ITIEES, MONROE COUNTY, PLORIDA r have reviewed the above requirement' with the responder named below, he following deductibles eppiy to the corresponding policy. ` POLICY Liability policies are Ooeurrence �t��out Q vvuranoe A >i r 4 Claims jNTade m i amum Print Matta: `' X'L. ��� �Es�laalr� old Comffmfs P ParU R010 ---•---- -�• JVJVLOL700 I DEBONAIR PAGE 02/03 , DATE(MWDD�/Wyy) k....-�'R CERTIFICATE OF LIABILITY INSURANCE oPio PRooucart KC DESON-1 10116109 TnSource, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORAAA710N 9500 South Dadelaad )Blvd. ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE ,200 P.O. BOX 561567 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Miami FL 33256-1567 ALTER THE COVERAGE AFFORDED BY THE PouaES BELOW. Phone:305-670-6111 Fax:305--670-9699 INSURERS AFFORDING COVERAGE INSURED —_.. NAIC NSURE79A: VWW7"Rt-A1l�le eTii 2nr. ce,- . --.._- INSURER 9: FCCT Adyanta Ce rns. Co. DebonAir Mechanical Inc. WAURER C: N.e�,, n a Tr,i!t 2¢49 West 81 Street Unit 4 Hialeah FL 33016 INSURER D- — COVERAGES INsuRER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WgURED NAMED ABOVE FOR TH£ F Oi ►CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM NC AFFORDSONDITION a ANY CONTRACT OR OTHER DOCUMENT WITH RESP£OT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR MAY IES. AG THC N ELIJAM E AFFORD 0Y HAVE peN CRI11A DESM DW HEREIN IS SU&114,T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMI'rR; BHIOWN MAY HAVE DBRN RfdYU o FAY PAID CLAIMS. •YR TYPE OF INSUTAN" O"IM L uABILrrY GATE MIDD L1Mn% 8 X COMMERCIAL GEN3873 EA[floccuRREJNCE s1000000 07/01/09 07/Ol/10, 100000 CWMS MADE �,..MED9 (AAyenepetcnn)#5000PERSONALdADVINJURY # l0000(ffOEN'LAGGRE(GATEppLIIMpI- AGGREOATE $2000000 POLICY I I JEr:T PRODINGTS. COMPIOFAGG # 2000000 AUrOW01LI; LIABILITY - C X ANYAUTO CA00091093 07/01/09 07/01/10 COM81Norit) LE LIMIT (En raidrl7lV) # 1000000 �- ALL OWNED AUTOS SCHEDULED AUTOS 9 X HIRED AUTOS (pOD��nJ�URY X NON -OWNED AUTOS BBODILYINJURY 1 - ...— PROPERTY DAMAOE 9 . GARAGE uAtaLm (Pet:rooldnM) ANY AUTO AUTO ONLY - EA ACCIDENT 8 OTHER THAN FA ACC S EX_CESS /UMBRELLA UAIit1,rTY AUTO ONLY: AGC # ...— C X occuR n CLN►kSMAoE UM800055103 07/01/09 EACH OCCURRENCE 07/01/10 AGGREGATE_ _ $ 5000000 # 5000000- DEDUCTIBLE L X RETermm # 10000 $ wo TION AND EMPLOYMS, UAlall.lry V r H A mypnppppRIETORft'MTNERJEXECLRI 083032773 10/30/09 X TOR LIMBS (Man"gIMEMpEREXCLUDED7 114tfM1Nory h IH) 10/30/10FFICQ E.L. EACHA000FNT -- $SOOOUO It dwwb"uidar CIAL PROVISIONS hninw E.L bISEASE-F-AEMPLOY� �# SOOOOO oTFIER E.LDI.�£ARf�.p(�K7YLIMIT #SUOUGO Heatxzrg or Combined HeataLn AC S tem ADDED RY D" 9 MENr r sPeaAL PRa payment of premium, B y 10 days notice issued for non CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLKM BE CANCELLED a6FORC rHC CXPMATION NRCOB DATE THEREOF, THE Issu1N01NWReR WILL ENDEAVOR TO uAtL 30*, DAYS WRITTEN Monroe County NOTICE TO THE CI:RT�ICpTE HOLDER N - Regional services Center Bldg. NAMED TO THE LEFT, BUT FAILURE TO 00 So SHALL Attn : Building Dept. Licensing moo= Na OaLI@ATION OR LIAaRtfY Ora ANY KIND UPON THE INSUPMR, rrs AQWUS OR 2798 Overseas Highway Ste.300P�TATs- Marathon FL 33050-2227 AUTHORIZeD@EPRFI,CLVTATNE ACORD 25 (2009)011 0 1988-2009 AC RD CORPORATION. All rights Tha ACORD name and logo are registered rnarks of ACORD D f] � � W C) Vr w ce 4 0 ' W Q� �Q 0CZ r' N 0 � � N L-l�0 M aLU 7 � ) F w0 vOi��l? w °' V) n + [J r*7 Q r U N LU � � r•f'M1 y o � tY' � ❑ o Cj V q, ' ' �" x m tr1 w , cn q w W ❑ Z W '1 s = u 3 n H �, LL a W p cr 0 OD rv� ;fit, w �X Z UA N ' m C] 1L X N' ii +J �` w LU rri uj tn Q _0LU ¢ w LA E u u ¢ tu rJ ruZ< o L w o w > ar L r7 r + m z x o in w M W u w Ix x h In w z M In' m z a Q u w O ce z O *1 4 NEI 901 N ❑ "? V} Z)bi7 ❑m Z a?z xM ti 3iazu, i ¢>_U Va Q Z Mom¢ 0. a m Q �w r4p�p y `° o }� f � w w i�l Q y iu O< a t f•Z �`" V co NL9 LxUz N au ua W 0 0 x 0 v a J �� Z Z � tq rs U U 9n U C � o N f A N r r v x ro t W D ;� O LL NHm a �. LU ❑mQ x�� v�:f d'x ZY i rq h Q a z a; C o a Wr,�� rA ru e�e Q N�hh -p� ¢ w x a.;� y o ua GC z 2 0 o u u�r o° F a a i ui iu- J E e w ¢� i N ro� � w Q '^ z Q o r D LU j C GJ C O A V) .N C ¢ O m I r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ` CONSTRUCTION INDUSTRY LICENSING BOARD0"oc 1.940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 ALESHIRE, CHARLES LAVERN DEBONAIR MECHANICAL INC 2649 WEST 81. STREET HIALE.AH FL 33016 09/02/2008 15:47 3058262966 ACC 3904116 r,; +: DEQAR'M A �:�E7bT ge CA DEBONAIR W. FLOR(DA ery08,O9�0y0�8T.yf*BD�yJ,�y�9�82..,•. CMCtTS�4 :�t�`� !ray''s:=.. . The1„•`iC►;A•1`t.J•{ •'v k•<S 'x••, 1.y'''yyy —^_S ' iREiIRe :EU�dex`��,tkt8��,�'5��.'- 1airatioz� date. AUQ 3 2015,1 } .y�v`�'�4: ALESH } $ MEC x...,.. D BQNA,xIt FLANTN 2649 WEST 81 ,Mrs HIALEAH;r .." PAGE 02/02 RtG L.A.TION SEWL080809b048.9 CH RLES: �. ' DRAGO. S'ECR D`ART: CERTIFICATE OF LIABILITY INSURA InSource, Inc. 9500 South Dadeland Blvd. , #400 ONLY AND CONFERS HOLDER. THIS CERTI P.O. Box 561567 ALTER THE COVERAi Miami FL 33256-1567 Phone:305-670-6111 Fax:305-670-9699 INSURERS AFFORDING INSURED INSURER A Bridgefielc INSURER B: FCCI A( INSURER C: National Tr DebonA.ir Mechanical, Inc. 2649 West 81 Street Unit 4 Hialeah FL 33016 INSURERD: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTI MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Z� W LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YYYY DATE MM/C EACH OCCURRENREMCE $ 1000000 GENERAL LIABILITY B X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR CPP00073873 07/01/09 07/01/10 PREMISES(Eaoxurence) $ 100000 MED EXP (Any one person) $ 5000 X Contractual PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE s 2000000 GEWL AGGREGATE LIMIT APPLIES PER: POLICY X PRO - JECT PRODUCTS - COMP/OPAGG s2000000 C X AUTOMOBILE AUTOMOBILE LIABILITY ANY AUTO CA00091093 07/01/09 07/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ C X EXCESS I UMBRELLA LIABILITY :X] OCCUR CLAIMSMADE UNB00055103 07/01/09 07/01/10 EACH OCCURRENCE $ 5000000 AGGREGATE $ 5000000 DEDUCTIBLE $ X RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY OFFICER/MEMBERPEXC UDED?ECUTIv (Mandatory in NH) (�� If yes, describe under SPECIAL PROVISIONS below 083032773 03/01/10 10/30/10 XU TORY MTrS ER E.L_EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $1000000 E-L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Heating or Combined Heating AC Systems. *10 days notice issued for non payment of premium. Monroe County BOCC is an Additional Insured on all policies, except Workers' Compensation. CERTIFICATE HOLDER CANCFI J ATInN Monroe County 1100 Simonton St., #2-284 Key West FL 33040 1 ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MONRC08 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 REPRESENTATNES. All riahts 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. www.sunbiz.org - Department of State Page I of 2 Home Contact Us E-Filing Services Previous an List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Coraoration DEBONAIR MECHANICAL, INC. Filing Information Document Number V04653 FEI/EIN Number 650301106 Date Filed 01/07/1992 State FL Status ACTIVE Principal Address 2649 W 81 ST HIALEAH FL 33016 US Changed 02/03/1995 Mailing Address 2649 W 81 ST HIALEAH FL 33016 US Changed 02/03/1995 Registered Agent Name & Address ALTSCHUL,JOSEPH 2717 CYPRESS CREEK RD FORT LAUDERDALE FL 33309 US Name Changed: 01/25/2008 Address Changed: 01/25/2008 Officer/Director Detail Name & Address Title D ALESHIRE, CHARLES 2649 W 81 ST HIALEAH FL 33016 US Title P ALESHIRE, SUSAN 2649 W 81 ST HIALEAH FL 33016 US Title VP ANDUIZA, HECTOR 2649 W 81 ST HIALEAH FL 33016 US Annual Reports Report Year Filed Date Document Searches Forms Help Entity Name Search Submit http://ccfcorp.dos. state. fl.us/scripts/cordet.exe?action=DETFIL&inq_doc_number=V 04653 &inq_came... 6/25/20 I 0 www.sunbiz.org - Department of State Page 2 of 2 2008 01 /25/2008 2009 04/06/2009 2010 04/06/2010 Document Images 04/06/2010 —ANNUAL REPORT View image in PDF format 04/06/2009 — ANNUAL REPORT View image in PDF format 01125/2008ANNUAL REPORT View image in PDF format 01/08/2007 —ANNUAL REPORT View image in PDF format 03/2212006ANNUAL_REPORT View image in PDF format 07/20/2005 — ANNUAL REPORT View image in PDF format 03/15/2004 —ANNUAL REPORT View image in PDF format 01/09/2003_ ANNUAL REPORT View image in PDF format 05/27/2002 — ANNUAL REPORT View image in PDF format 08/13/2001 --ANNUAL REPORT View image in PDF format 06/05/2000 — ANNUAL REPORT View image in PDF format 01/28/1999 — ANNUAL REPORT 1 View image in PDF format 05/08/1998,- ANNUAL REPORT View image in PDF format 02/05/1997 — ANNUAL REPORT View image in PDF format 01/23/1996 — ANNUAL REPORT mew image in PDF format 02/03/1995 — ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History Home I Contact us I Document Searches I E-Filing Services i Forms I Help i Copyright© and Privacy Policies State of Florida, Department of State Entity Name Search Submit http://ccfcorp.dos. state. fl.us/scripts/cordet.exe?action=DETFIL&inq_doc_number=V 04653 &inq_came... 6/25/2010 2010 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# V04653 Entity Name: DEBONAIR MECHANICAL, INC. Current Principal Place of Business: 2649 W 81 ST HIALEAH, FL 33016 US Current Mailing Address: 2649 W 81 ST HIALEAH, FL 33016 US FEI Number: 65-0301106 FEI Number Applied For ( ) Name and Address of Current Registered Agent: ALTSCHUL,JOSEPH 2717 CYPRESS CREEK RD FORT LAUDERDALE, FL 33309 US FILED Apr 06, 2010 Secretary of State New Principal Place of Business: New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: Title: D Name: ALESHIRE, CHARLES Address: 2649 W 81 ST City -St -Zip: HIALEAH, FL 33016 US Title: P Name: ALESHIRE, SUSAN Address: 2649 W 81 ST City -St -Zip: HIALEAH, FL 33016 US Title: VP Name: ANDUIZA, HECTOR Address: 2649 W 81 ST City -St -Zip: HIALEAH, FL 33016 US I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: SUSAN ALESHIRE PRES 04/06/2010 Electronic Signature of Signing Officer or Director Date BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person:John W. King, 292-4531 AGENDA ITEM WORDING: Approval to amend agreement with Weathertrol Maintenance Corp. for the central air conditioning maintenance and repair for the Lower Keys Facilities. ITEM BACKGROUND: The agreement between Monroe County and Weathertrol Maintenance Corp. for the central air conditioning maintenance and repair for the Lower Keys Facilities terminates July 29, 2010, with no remaining renewal options. Bids were received on June 23, 2010, but Weathertrol was not low bidder. The terminating contract has a ceiling of $70,000; however, invoices being presented by Weathertrol during the final weeks of the contract are exceeding that amount. County buildings are experiencing several emergency situations requiring extensive repair or replacement of air conditioning units. PREVIOUS RELEVANT BOCC ACTION: On July 18, 2007, the BOCC awarded bid and execution of a contract with Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for the Lower Keys; on May 21, 2008, the BOCC approved a contract amendment increasing the not to exceed amount from $25,000 to $45,000; on July 16, 2008, the BOCC approved the first renewal option for this contract; on November 19, 2008, the BOCC approved adding two new buildings and increasing the contract from $45,000 to $70,000. At the May 20, 2009 meeting, the BOCC approved the second and final renewal option to commence July 30, 2009 and terminate July 29, 2010. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Increase total contract amount from $70,000 to $125,000 to be effective upon approval TOTAL COST: $125,000.00 INDIRECT COSTS BUDGETED: Yes 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: Not Required, AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7/21/10 Bulk Item: Yes X No Division: Public Works Department: Fleet Management Staff Contact Person/Phone #: Rov Sanchez / 292-3572 AGENDA ITEM WORDING: Approval to award bid and execute contract for unleaded gasoline and diesel fuel to the second lowest bidder Dion Oil Company, LLC. ITEM BACKGROUND: Per attached contract, Monroe County and the Monroe County School Board will be able to purchase fuel picked up and delivered by Dion Oil Company, LLC from the Port Everglades Florida Terminal at the day's lowest available price, and also will not be charged more than amounts outlined on bid tabulation sheet. PREVIOUS RELEVANT BOCC ACTION: At the March 2010 meeting, the Board approved to extend the County's existing fuel contract with Dion Oil Company, LLC month to month for up to three months in order to advertise, and get a new contract in place. Going back 20 years or more, for the most part, the County's fuel contracts have been awarded to the then low bidder Dion Oil Company, LLC. CONTRACT/AGREEMENT CHANGES: New Contract wording assures contractor will purchase from Port Everglades, Florida supplier at the days lowest available price the date the fuel is picked up for delivery. STAFF RECOMMENDATIONS: Approval. TOTAL COST: approx. $715,000.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: approx. $320,000.00 SOURCE OF FUNDS: 504-23502-530521& 523 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # MEMORANDUM TO: Dent Pierce, Director Public Works Division FROM: Roy Sanchez, Director Fleet Management Department DATE: June 30, 2010 RE: Agenda Submission Memo / Information Memo The attached BOCC agenda item is to award an Unleaded Gasoline and Diesel Fuel Delivery Contract to Dion Oil Company, LLC. After reviewing all bids, it was determined RKA Petroleum Companies, Inc. was the low bidder which could potentially save the County approximately $6,500.00 per year. Shortly after the bid opening, we received written information that the Florida Keys Aqueduct Authority (FKAA) and RKA Petroleum Companies, Inc. terminated their contract in the middle of their agreement period due to problems, disagreements, and misunderstandings regarding invoicing, deliveries, and several other unresolved issues. After reviewing FKAA documentation along with several contract changes RKA Petroleum Companies, Inc. had requested, we asked the County Attorney for assistance to help finalize our contract to clearly identify County requirements and avoid issues similar to what FKAA described. After forwarding our proposed contract to RKA Petroleum Companies, Inc. for final signature and approval, we were notified they could not agree with our invoicing specifications and would be withdrawing their offer to provide the County with fuel. The Fleet Management Department's recommendation is for the BOCC to authorize the Mayor to execute the attached Unleaded Gasoline & Diesel Fuel Delivery Contract (the same contract previously proposed for RKA Petroleum Companies, Inc.) to the second lowest bidder, Dion Oil Company, LLC for one year with two additional one year renewals. This contract will cost the County approximately $6,500.00 over the RKA Petroleum Companies, Inc. bid for delivery, however, it should more than make up the difference by requiring our contractor to invoice the County and the School Board based on the day's lowest available price, rather than average RACK price of all brands. Thank you. s } } a U 4- � In U S ++ O O O O N O O,-C L O� L L r0 (n (0 C O O +-+ J �' J V 4, O O +� (0 C O r0 L J rL. In O O.- U) O L O Z) rru p O Y r0 C O O L� r0 J Y a Y r0 U Y (0 s cs 0 J W 0 �1 L U) G L >>} U M n N� O ro U) : a 0 in > L. a� N ra—U o a s'a -ai •iA LL N00 —�0U'),I NiTrr)TiL') MU ��� t a J LU a '-1 T-i N '-1 ,N-1 '� s p Lf) 0 c� O � -a V W O O r �O J 0 �,-1OOL. Op 7U) iLaYi QZa C7 ra N r0 -1 ��O >0,L C: O= �— =,fo M `aH/ -0 N a-J rrL41 J — L-��W U)a>ra a 0Y >ra > Y,r-a1 W p �aC:c ZLYZ nnOvu-) Y 200u -)Y� W p {LI N�M M s m U) lD 0 n U0 mI�Ln-1LndHMNMMMMMMM(A N Z m0,-1OONO WID'tNN i i ,- i >` Z Q 0 ^ ,- i ,- ,--I ,- , I 0 a QJ•L 'ate Q -a — W m (,� Q W a Q ZHW a Q o rn >` Z a W D�Q LL Q Z co 0 z z z coi Q Q W Q 0 � a a c J cn N o > U in C3 LU U N rL Q y L f I O } 7 C3 to m 6 cn ZS o o w >, 0 z 0 J Q- > } a 0 U Q s o �� v w oC — � m 0 O o U 0 } >` a O u� '' 1 � >` o Q 0 V s o �} Q o ru [� 0 m H U') m MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Dion Oil Company LLC. Effective Date: 7/21/10 Expiration Date:7/20/11 Contract Purpose/Description: Supply Unleaded Gasoline and Diesel Fuel to Monroe County and Monroe County School Board fueling facilities throughout the Keys Contract Manager:Roy Sanchez 3572 Fleet Management (Name) (Ext.) (Department) for BOCC meeting on 7/21/10 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $715,000.00 Current Year Portion: $135,000.00 approx approx County $320 000 00 approx) (County $61 000.00 approx.) Budgeted? Yes® No ❑ Account Codes: ALL DEPARTMENTS PLUS OTHER AGENCIES- - - - Grant : $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Data In Needed Division Director 1 4 I 1 Q YesE] NoE Risk Management ;'" Yes❑ Nok O.M.B./Purcasing l - 7 a 0' Yes❑ No County Attorney ���" / C) Yes❑ No®' 7, Comments: ✓ivy„ 1 VIM 1\GVIJGU 7111/7J lw-r ffL Date Out Reviewer fc CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER THIS AGREEMENT, made and entered into this day of , 2010 by and between the MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County" and , a Florida corporation, hereinafter called "Vendor". WITNESSETH: WHEREAS, the County maintains gasoline and diesel fueling facilites throughout Monroe County for purposes of fueling County vehicles; and WHEREAS, the Vendor is qualifed, properly equipped and is in the business of providing gasoline and diesel fuel to fueling facilities; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. DESCRIPTION A. The Vendor shall deliver the day's lowest priced available Low, Medium, or High Octane Gasoline as requested by the County and School Board and the day's lowest priced available Ultra Low Diesel Fuel (Clear and Dyed) to locations in the Key West, Marathon, Plantation Key, and Key Largo areas as requested by the ordering Monroe County and School Board departments and on the dates requested by such departments. Fuel shall be delivered the next day if requested by 4:00pm. Orders may be placed and confirmed via phone, fax, e-mail, etc., as is determined in the County's best interest. B. Deliveries will be in quantities of less than One Hundred (100) gallons to Seven Thousand (7,000) gallons (Full Tanks). The Vendor shall have a metered tanker for all deliveries and shall be required to itemize invoices for each delivery under this provision. Additionally, Vendor shall be able to fuel approximately 60 generators as needed individually with small amounts and invoice each separately. C. Upon request by the County, Vendor shall provide documentation supporting most recent pump meter certification. D. All deliveries must be supervised and delivery tickets must be signed and dated by Monroe County personnel. 1 E. The Vendor shall have the capability to pump fuel into elevated and/or aboveground tanks through standard quick detachable couplings. F. The Vendor shall prioritize the County and have ability to provide daily deliveries of gasoline and diesel to multiple locations after a hurricane, natural disaster, emergency, or other conditions for as long as the need exists. (Under such conditions, all extra pricing including freight for fuel picked up from Florida terminals other than Port Evergelades or out of state terminals must be preapproved in writing by the County). The County reserves the right to purchase from any licensed Vendor's as needed in cases when the Vendor cannot deliver, or in a case of emergency as deemed best for the interests of the County. 2. TERM OF CONTRACT A. This Agreement shall be for a period of One (1) year commencing upon the day in which it has been approved by the Board of County Commssioners, as indicated at the top of page 1 of this Agreement. B. The County shall .have the option to .renew this Agreement _after the first year, for two (2) additional one (1) year periods. 3. HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Vendor 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 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 Vendor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Vendor or any of its employees, agents, contractors or other invitees, or (C) Vendor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, 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 Vendor). 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 Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Vendor. The County shall not in any form, defend, indemnify, and/or hold Vendor harmless. 2 4. INSURANCE Prior to execution of this Agreement the Vendor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations as stated in the General Insurance Requirements for Suppliers of Goods or Services section of this Agreement. 5. PAYMENT A. Price per gallon shall reflect Vendor's purchase price from the day's lowest available priced provider at Port Everglades FL. Terminal B. Monroe County may not be charged more than the following prices listed above Vendor's purchased price from the day's lowest priced available providers at Port Everglades, FL. Terminal from date delivered. -Unleaded Gasoline Any Octane) Ultra -Low Sulfur -Diesel (Clear and Dyed) $_. s Key West $ Key West Sugarloaf $_ Est' Sugarloaf . i Marathon $_" ' Marathon Plantation Key $ L.. IS Plantation Key $ Coral Shores $ .. _ Coral Shores Key Largo $ e: Key Largo C. The Vendor shall submit invoices to the County, itemizing the delivery location, the requesting department, quantity, proof of purchased price per gallon, and the days' proof of price per gallon from all available providers at the Port Everglades, FL. Terminal. D. Upon receipt of an Invoice the County shall have thirty days, in accordance with the Florida Prompt Act, Section 218.73, FS, to render payment to Vendor. E. Gasoline and Diesel Fuel taxes must be itemized on each invoice. .6. INDEPENDENT VENDOR At all times and for all purposes under this Agreement the Vendor is an independent Vendor 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 Vendor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3 7. ASSURANCE. AGAINST DISCRIMINATION Vendor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this Agreement. 8. ASSIGNMENT Vendor shall not assign or subcontract this Agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the County may deem necessary. This Agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the 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 County ' in addition to the total agreed -upon price of the services/goods of the Vendor. 9. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Vendor 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 regulation shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement immediately upon delivery of written notice of termination to the Vendor. The Vendor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 10_ 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 Fleet Management 3583 S. Roosevelt Blvd. Key West, FL 33040 For Vendor: With a copy to: Suzanne A. mutton Monroe County Attorney P.O. Box 1026 Key West, FL 33041-1026 4 ..11. FUNDING AVAILABILITY In the event that funds from Fleet Management Services operating Gasoline and Diesel Accounts are partially reduced or cannot be obtained or cannot be continued at levels sufficient to allow for the purchase of services/goods specified herein, this Agreement may then be terminated immediately at the option of the County by written notice of termination delivered in person or by mail to the Vendor. The County shall only be obligated to pay for any goods delivered by the Vendor until the Vendor has received written notice of termination due to lack of funds. 12. PROFESSIONAL RESPONSIBILITY The Vendor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in the Notice of calling for Bids. The Vendor 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 Vendor. 13. PUBLIC ENTITY CRIME 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 .proposal or bid on a contract to .provide .any goods or services to a public entity, may not submit a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 14. TERMINATION If the Vendor fails to fulfill the terms of this Agreement, or attachments, properly or on time, or otherwise violates the provisions of this Agreement, the County may terminate this Agreement upon 7 days written notice to the Vendor. The County shall pay the Vendor the contract price for goods delivered but not paid for on the date of termination, less any amount of damages caused by the Vendor's breach. If those damages are more that the amount due the Vendor, then the Vendor shall remain liable to the County for the excess amount. 15. 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. 5 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation -of this Agreement, the County and Vendor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Vendor 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. 16. ATTORNEY'S FEES AND COSTS The County and Vendor 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. BOOKS, RECORDS AND DOCUMENTS Vendor 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 Vendor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Vendor shall repay the monies together with interest calculated pursuant to Sec. 55.08, FS, running from the date the monies were paid to the Vendor. 18. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Vendor 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. 6 19. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Vendor 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 Vendor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Vendor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 23. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Vendor 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 Vendor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 24. NONDISCRIMATION Vendor 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. Vendor 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 1X of the 7 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 f20 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 Vill 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. 25. COVENANT OF NO INTEREST County and Vendor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 26. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 27. NO SOLICITATION/PAYMENT The County _and Vendor 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 Vendor 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. 28. PUBLIC ACCESS The County and Vendor 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 Vendor in conjunction 8 with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Vendor. 29. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Vendor 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. 30. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shalt it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 32. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the 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 Vendor agree that neither the County nor the Vendor 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 Vendor 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. 9 341 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a- covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 36. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 37. MUTUAL REVIEW This Agreement has been carefully reviewed by the Vendor and the County, therefore this Agreement is not to be construed against either party on the basis of authorship. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 10 In witness whereof, the parties hereto have executed -this agreement the day and year first above written, (Seal) Attest: DANNY L. KOLHAGE, CLERK LM Deputy Clerk VENDOR: BY DATE: (Corporate Seal) Attest: Witness Witness BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA A Mayor/Chairman COUNTY V,LD AS T ASSISTANT COUN,� Y ATTORNEY /f jl Date % f C! I I RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre -requisite of the work governed, or the goods supplied under this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specked below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specked in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not -extend deadlines specified in this contract and anypenaltiesand failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance 7 • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of insurance -Requirements" and approved by Monroe County Risk Management. 12 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER BETWEEN MONROE COUNTY, FLORIDA r, AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. in addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL3 13 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate 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 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER BETWEEN MONROE COUNTY, FLORIDA ( }sAND 'q g Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,00.0 .per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VI-3 15 HAZARDOUS CARGO TRANSPORTERS LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT UNLEADED GASOLINE AND DIESEL FUEL SUPPLIER BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall purchase Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by motorized vehicles. In compliance with the Motor Carrier Act, the policy should be endorsed with an MCS-90 Endorsement, demonstrating financial responsibility for spills and clean-up. Any pollution exclusion limiting coverage under this policy shall be removed. The minimum limits acceptable shall be: $1,000,000 per Occurrence VLP3 16 � k " LOBBYING AND CONFLICT OF INTEREST CLAUSE ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA (Company Officer/Partner/Individual) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on — -- i (date) by - -L, (name of affiant). Fie/She is personally known to me or--h pro as identification -(type -of-identification) JUDiTH KTHERINE SIMONS l' *= MY COMMISSION # DD633382''" n ' pp� EXPIRES January 25, 2011 NOTArF2' PUBLIC ...{ �` ,.-•i .•�---�`.'.,.g �C...zr (407)398-0153 FloridallotarySerwee.com 1 =,'1y 4 i My commission expires: € 17 NON -COLLUSION AFFIDAVIT V1 i3 of the city of according to law on my oath, and under penalty of perjury, depose and say th9t: 4r7 L amJ 2 4 6i4i ;f Z of the firm of making the Bid for the services/work/project described in the Request for Bids for: and that I executed the said Bid with full authority to do so: a v, 2. The prices in this bid/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 and percentage of return which have been quoted in this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other bidder/responder-or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made With full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for the projecUservices/work. It--? (Signature of Bidder) (Date) STATE OF: COUNTY OF: m i PERSONALLY APPEARED BEFORE ME, the undersigned authority, n n. h o, J k c-Q,--a ft e r first being sworn by me, (name of individual signing) affixed bis/her signature in the space provided above on this '14 L - - day of. 20 q- S i' S ON M6 IM I S D 633382 6 0 0 01 11 tMON jUbItH KATHEWINE SIMON SI # ON # D 0 IS 8 OMM C My S January a7 25.2 U EXPIRES nua My COMMISSION # DD6333 2 OF EXPIRES January 25, 2011 Jor t4o'ry S-e cm com ...... .0, Id (407)398. 153 FlorldallotarYserwc* NOTARY PUBLIC '!J My Commission Expires: 18 DRUG -FREE WORKPLACE FORM The undersi ned Contractor/bidder/responder in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business'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 specked in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted_ 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, requirements. Bid er's Signature certify that this firm complies fully -with the above —2n— i Date T�ft✓ 46 il_✓ ; .fir `--.vy. r- vt. _ �,�-. �._� . STATE OF: COUNTY OF: C k CaD _ f PERSONALLY APPEARED BEFORE ME, the undersigned authority, . y„: �,i ;') hA1 V.!� who, . .after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this .. .day of 20 ti Fq L_..� NOTA RY PUBLIC .a`•'g JUDITH KATHERINE SIMONS `= MY COMMISSION # DD633382 ft I1,'�'� . EXPIRES January 25, 2011 (407)398-0153 FloridallotaryServiwxom My Commission Expires: t 19 J ,�ccs�a CERTIFICATE OF LIABILITY INSURANCE OPID Fat LDATE (MMIDDIYYYY DIONOIL 04/20/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Morris & Reynolds Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14821 South Dixie Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami FL 33176 Phone:305-238-1000 Fax:305-255-9643 INSURED Dion Oil Company etal Ms. Suzanne Dion Banks Post Office Box 1209 Key West FL 33041-1209 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Co_ 16535 INSURER B: Associated Industries Ins Co 23140 INSURER C: Axis specialty Insurance Co. INSURER D: Admiral Insurance Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR LTR NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDD POLICY EXPIRATION DATE (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000, 000 A X COMMERCIALGENERAL LIABILITY CLAIMS MADE FKOCCUR CP0945166702 01/01/10 01/01/11 ET PREMISES(Eaoccurence) $3.00,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY IRO - X LOC PRODUCTS-COMP/OP AGG $2,000,000 .. A AUTOMOBILE AUTOMOBILE LIABILITY ANYAUTO CP0545166702 01/01/10 01/01/11 COMBINED SINGLE LIMIT (EaCO accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS INCL MSC90 INC. CA9Bae-BRDADEMD POL X BODILY BODILY INJURY $ HIREDALITOS NON-OWNEDAUTOS X A COMP/COLLISION CP09451667-HIRED A rmx os sao,000 sate ADTO 001/01/10 01/01/11 X PROPERTY DAMAGE AGE (Per accident) $ 1000/1000 PER SCH GARAGE LIABILITY AUTO ONLY - EA ACCIDENT Is ANY AUTO OTHER THAN EA ACCI AUTO ONLY: AGG 1 $ $ C EXCESS / UMBRELLA LIABILITY X7 OCCUR EICLAIMS MADE EAU736621012010 - 01/01/10 01/01/11 EACH OCCURRENCE $ 5 , 000 , 000 AGGREGATE $5,000,000 PROD AGG i$5,000,000 DEDUCTIBLE $ RETENTION $ O $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANFICER/MEMBERDXCLUDR/ ECUTIV� (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below AWC1005219 04/01/10 04/01/11 X TORY LIMITS ER E.L. EACH ACCIDENT s500,000 E.L.DISEASE- EAEMPLOYEE $500,000 E.L. DISEASE -POLICY LIMIT s 500, 000 OTHER D EXCESS LIABILITY EX60001076405 01/01/10 01/01/11 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *10 Days for. Nonpayment of Premium Petroleum Distributor - State of Florida *except 10 days for nonpayment of premium Monroe County Board of County Commissioners are Additional Insured on Liability Policies as their interest may appear with respect to contract for fuel delivery services a.CR I IrIGA 1 C nVLU=K MNROE 8 Monroe County BOCC Risk Managment 1100 Simonton Street Key West FL 33040 CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IGND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2009101) © 2 ACO N. All rights reserved. The ACORD name and logo are registered marks of ACORD BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Solid Waste Staff Contact: Rosa Washineton/94432 AGENDA ITEM WORDING: Approval of a resolution to adopt tentative residential solid waste collection, disposal, and recycling rates for Fiscal Year 2010/11. ITEM BACKGROUND: The total tentative rates for Fiscal Year 2010/11 reflects no increase over Fiscal Year 2010. PREVIOUS RELEVANT BOCC ACTION: NONE CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No _ AMOUNT PER YEAR: $11,000,000 approximately APPROVED BY: County Atty X OMB/Purchasing DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 Risk Management AGENDA ITEM # SOLID WASTE MANAGEMENT RESOLUTION NO. — 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADOPTING THE TENTATIVE RESIDENTIAL SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING RATES FOR THE FISCAL YEAR 2010-2011. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. The Board hereby adopts the following tentative rates for Collection of Residential Solid Waste: 1. For each single family home - $177.00 per annum; 2. For each mobile home - $177.00 per annum; 3. For each multi -family unit - $177.00 per annum. Section 2. The Board hereby adopts the following tentative rates for Disposal of Residential Solid Waste: 1. For each single family home - $165.00 per annum; 2. For each mobile home - $165.00 per annum; 3. For each multi -family unit - $165.00 per annum. Section 3. The Board hereby adopts the following tentative rates for Recycling of Residential Solid Waste: 1. For each single family home - $54.00 per annum; 2. For each mobile home - $54.00 per annum; 3. For each multi -family unit - $54.00 per annum. Section 4. The Board hereby adopts the following tentative rates for Fiscal Year 2010-2011: 1. For each single family home - $396.00 per annum; 2. For each mobile home - $396.00 per annum; 3. For each multi -family unit - $396.00 per annum. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 21st day of July, 2010. Mayor Sylvia J. Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Deputy Clerk MOE (.%,OUNTV'TTO�FNEY' �, l?R VED A Q ASSISTANT COUNTY ATTORNEY ' 6 ]ate e BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 21, 2010 Bulk Item: Yes X No _ Division: Public Works Department: Solid Waste Staff Contact: Rosa Washington/#4432 AGENDA ITEM WORDING: Approval of a resolution to adopt tentative solid waste collection, disposal, and recycling rates for commercial waste generators for Fiscal Year 2010/11. ITEM BACKGROUND: The collection components of the commercial rates increased 2.1 per cent in accordance with the franchise agreements and the Consumer Price Index (CPI). PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes -XL-No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No _ AMOUNT PER YEAR: $2,100,000 at) roximately APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 RESOLUTION NO. - 2010 A RESOLUTION ESTABLISHING THE TENTATIVE PER MONTH SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICE RATES FOR COMMERCIAL PROP- ERTY IN THE VARIOUS SOLID WASTE COLLECTION FRANCHISE AREAS FOR FISCAL YEAR 2010/11. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. Pursuant to the solid waste collection agreements entered into between the County as Franchisor and the solid waste collectors as Franchisees, the solid waste service rates for commercial property, as defined in Sec. 21-46, Monroe County Code, are hereby adjusted in each district, on a per month basis, to the following: Franchise Area 1 Waste Management Inc, of Florida a) CAN PICKUP RATE SCHEDULE Number of Pickups Per Week No. of Rate cans* Element 2 3 4 5 6 2 COLLECTION 14.94 22.41 29.88 37.36 44.83 DISPOSAL . 23.61 35.35 47.15 58.96 70.76 RECYCLING'" 0.00 0.00 0.00 0.00 0.00 TOTAL 38.55 57.76 77.03 96.32 115.59 3 COLLECTION 22.41 33.59 44.83 56.06 67.19 DISPOSAL 35.35 53.02 70.76 88.43 106.11 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 57.76 86.61 115.59 144.49 173.30 4 COLLECTION 29.88 44.83 59.79 74.74 89.66 DISPOSAL 47.15 70.76 94.30 117.91 141.46 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 77.03 115.59 154.09 192.65 231.12 5 COLLECTION 37.36 56.06 74.74 93.46 112.17 DISPOSAL 58.96 88.43 117.91 147.33 176.80 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 96.32 144.49 192.65 240.79 288.97 6 COLLECTION 44.83 67.19 89.66 112.17 134.51 DISPOSAL 70.76 106.11 141.46 176.80 212.22 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 115.59 173.30 231.12 288.97 346.73 *Based on 32 gallon cans Page 1 Franchise Area 1 Waste Management Inc, of Florida b) CONTAINERIZED PICKUP RATE SCHEDULE Number of Pickups Per Week Container Rate Size Element 1 2 3 4 5 6 7 1 COLLECTION 39.74 65.52 91.48 115.53 140.25 165.14 190.99 DISPOSAL 37.30 74.61 111.91 149.22 186.52 223.83 261.13 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 77.04 140.13 203.39 264.75 326.77 388.97 452.12 2 COLLECTION 65.52 115.53 165.14 214.66 261.94 309.17 356.54 DISPOSAL 74.61 149.22 223.83 298.43 373.04 447.65 522.26 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 140.13 264.75 388.97 513.09 634.98 756.82 878.80 3 COLLECTION 91.48 165.14 238.37 309.17 380.21 451.24 522.18 DISPOSAL 111.91 223.83 335.74 447.65 559.57 671.48 783.39 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 203.39 388.97 574.11 756.82 939.78 1122.72 1305.57 4 COLLECTION 115.53 214.66 309.17 403.94 498.54 621.86 687.69 DISPOSAL 149.22 298.43 447.65 596.87 746.09 895.30 1044.52 RECYCLING*" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 264.75 513.09 756.82 1000.81 1244.63 1517.16 1732.21 6 COLLECTION 165.14 309.17 451.96 593.13 735.07 876.97 997.93 DISPOSAL 223.83 447.65 671.48 895.30 1119.13 1342.96 1566.78 RECYCLING"* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 388.97 756.82 1123.44 1488.43 1854.20 2219.93 2564.71 8 COLLECTION 214.66 403.94 593.13 782.28 971.57 1160.80 1350.07 DISPOSAL 298.43 596.87 895.30 1193.74 1492.17 1790.61 2089.04 RECYCLING"* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 513.09 1000.81 1488.43 1976.02 2463.74 2951.41 3439.11 "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of $5.36 per cubic yard and a processing fee of $1.06 per cubic yard; there is no disposal fee for recycl- ing services. Monthly charges will depend on the specific level of service. Page 2 Franchise Area 2 Marathon Garbage Service, Inc. a) CAN PICKUP RATE SCHEDULE Number of Pickups Per Week No. of Rate cans* Element 2 3 4 5 6 2 COLLECTION 17.76 26.65 35.41 44.31 53.21 DISPOSAL 23.61 35.35 47.15 58.96 70.76 RECYCLING'" 0.00 0.00 0.00 0.00 0.00 TOTAL 41.37 62.00 82.56 103.27 123.97 3 COLLECTION 26.65 40.00 53.21 66.51 79.85 DISPOSAL 35.35 53.02 70.76 88.43 106.11 RECYCLING*" 0.00 0.00 0.00 0.00 0.00 TOTAL 62.00 93.02 123.97 154.94 185.96 4 COLLECTION 35.41 53.21 70.97 88.68 106.43 DISPOSAL 47.15 70.76 94.30 117.91 141.46 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 82.56 123.97 165.27 206.59 247.89 5 COLLECTION 44.31 66.51 88.68 110.96 133.08 DISPOSAL 58.96 88.43 117.91 147.33 176.80 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 103.27 154.94 206.59 258.29 309.88 6 COLLECTION 53.21 79.85 106.43 133.08 159.72 DISPOSAL 70.76 106.11 141.46 176.80 212.22 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 123.97 185.96 247.89 309.88 371.94 *Based on 32 gallon cans Page 3 Franchise Area 2 Marathon Garbage Service, Inc. b) CONTAINERIZED PICKUP RATE SCHEDULE Number of Pickups Per Week Container Rate Size Element 1 2 3 4 5 6 7 1 COLLECTION 44.34 74.69 105.07 133.65 162.87 192.13 222.49 DISPOSAL 37.30 74.61 111.91 149.22 186.52 223.83 261.13 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 81.64 149.30 216.98 282.87 349.39 415.96 483.62 2 COLLECTION 74.69 133.65 192.13 250.46 304.68 362.83 419.05 DISPOSAL 74.61 149.22 223.83 298.43 373.04 447.65 522.26 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 149.30 282.87 415.96 548.89 677.72 810.48 941.31 3 COLLECTION 105.07 192.13 278.85 362.82 447.10 531.29 615.59 DISPOSAL 111.91 223.83 335.74 447.65 559.57 671.48 783.39 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 216.98 415.96 614.59 810.47 1006.67 1202.77 1398.98 4 COLLECTION 133.65 250.47 362.82 475.20 587.54 699.84 812.15 DISPOSAL 149.22 298.43 447.65 596.87 746.09 895.30 1044.52 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 282.87 548.90 810.47 1072.07 1333.63 1595.14 1856.67 6 COLLECTION 192.16 362.82 531.29 699.84 868.36 1036.87 1205.33 DISPOSAL 223.83 447.65 671.48 895.30 1119.13 1342.96 1566.78 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 415.99 810.47 1202.77 1595.14 1987.49 2379.83 2772.11 8 COLLECTION 250.47 475.20 699.84 924.43 1125.53 1373.75 1598.46 DISPOSAL 298.43 596.87 895.30 1193.74 1492.17 1790.61 2089.04 RECYCLING"* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 548.90 1072.07 1595.14 2118.17 2617.70 3164.36 3687.50 "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of $6.35 per cubic yard and a processing fee of $1.06 per cubic yard; there is no disposal fee for recycl- ing services. Monthly charges will depend on the specific level of service. Page 4 Franchise Area 3 Keys Sanitary Service a) CAN PICKUP RATE SCHEDULE Number of Pickups Per Week No. of Rate cans* Element 2 3 4 5 6 2 COLLECTION 17.31 25.97 34.74 43.44 51.99 DISPOSAL 23.61 35.35 47.15 58.96 70.76 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 40.92 61.32 81.89 102.40 122.75 3 COLLECTION 25.97 39.05 51.99 65.11 78.20 DISPOSAL 35.35 53.02 70.76 88.43 106.11 RECYCLING*" 0.00 0.00 0.00 0.00 0.00 TOTAL 61.32 92.07 122.75 153.54 184.31 4 COLLECTION 34.74 51.99 69.43 86.88 104.18 DISPOSAL 47.15 70.76 94.30 117.91 141.46 RECYCLING*" 0.00 0.00 0.00 0.00 0.00 TOTAL 81.89 122.75 163.73 204.79 245.64 5 COLLECTION 43.44 65.11 86.88 108.49 130.25 DISPOSAL 58.96 88.43 117.91 147.33 176.80 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 102.40 153.54 204.79 255.82 307.05 6 COLLECTION 51.99 78.20 104.18 130.25 156.18 DISPOSAL 70.76 106.11 141.46 176.80 212.22 RECYCLING** 0.00 0.00 0.00 0.00 0.00 TOTAL 122.75 184.31 245.64 307.05 368.40 *Based on 32 gallon cans Page 5 Franchise Area 3 Keys Sanitary Service b) CONTAINERIZED PICKUP RATE SCHEDULE Number of Pickups Per Week Container Rate Size Element 1 2 3 4 5 6 7 1 COLLECTION 43.73 73.52 103.28 131.15 159.77 188.39 218.09 DISPOSAL 37.30 74.61 111.91 149.22 186.52 223.83 261.13 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 81.03 148.13 215.19 280.37 346.29 412.22 479.22 2 COLLECTION 73.52 131.15 188.39 245.61 300.47 355.50 410.48 DISPOSAL 74.61 149.22 223.83 298.43 373.04 447.85 522.26 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 148.13 280.37 412.22 544.04 673.51 803.15 932.74 3 COLLECTION 103.28 188.39 273.09 348.19 437.93 520.30 602.68 DISPOSAL 111.91 223.83 335.74 447.65 559.27 671.48 783.39 RECYCLING`* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 215.19 412.22 608.83 795.84 997.20 1191.78 1386.07 4 COLLECTION 131.15 245.61 355.50 465.39 575.21 685.24 794.97 DISPOSAL 149.22 298.43 447.65 596.87 746.09 895.30 1044.52 RECYCLING'" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 280.37 544.04 803.15 1062.26 1321.30 1580.54 1839.49 6 COLLECTION 188.39 355.50 520.30 685.24 849.96 1014.81 1179.62 DISPOSAL 223.83 447.65 671.48 895.30 1119.13 1342.96 1566.78 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 412.22 803.15 1191.78 1580.54 1969.09 2357.77 2746.40 8 COLLECTION 245.61 465.82 685.24 905.00 1124.65 1344.49 1564.31 DISPOSAL 298.43 596.87 895.30 1193.74 1492.17 1790.61 2089.04 RECYCLING*" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 544.04 1062.69 1580.54 2098.74 2616.82 3135.10 3653.35 "'Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of $6.32 per cubic yard and a processing fee of $1.06 per cubic yard; there is no disposal fee for recycl- ing services. Monthly charges will depend on the specific level of service. Page 6 Franchise Area 4 Ocean Reef Club, Inc. a) CAN PICKUP RATE SCHEDULE No. of Rate cans* Element 2 COLLECTION DISPOSAL RECYCLING" TOTAL 3 COLLECTION DISPOSAL RECYCLING*" TOTAL 4 COLLECTION DISPOSAL RECYCLING** TOTAL 5 COLLECTION DISPOSAL RECYCLING** TOTAL 6 COLLECTION DISPOSAL RECYCLING** TOTAL *Based on 32 gallon cans E 18.79 23.61 0.00 42.40 28.04 35.35 0.00 63.39 37.37 47.15 0.00 84.52 46.77 58.96 0.00 105.73 56.10 70.76 0.00 126.86 Number of Pickups Per Week 3 4 5 28.04 37.37 46.77 35.35 47.15 58.96 0.00 0.00 0.00 63.39 84.52 105.73 41.97 56.10 70.09 53.02 70.76 68.43 0.00 0.00 0.00 94.99 126.86 138.52 56.10 74.83 93.53 70.76 94.30 117.91 0.00 0.00 0.00 126.86 169.13 211.44 70.09 93.53 116.84 88.43 117.91 147.33 0.00 0.00 0.00 158.52 211.44 264.17 84.20 112.09 140.15 106.11 141.46 176.80 0.00 0.00 0.00 190.31 253.55 316.95 Page 7 1-1 56.10 70.76 0.00 126.86 84.20 106.11 0.00 190.31 112.09 141.46 0.00 253.55 140.15 176.80 0.00 316.95 168.25 212.22 0.00 380.47 Franchise Area 4 Ocean Reef Club, Inc. b) CONTAINERIZED PICKUP RATE SCHEDULE Number of Pickups Per Week Container Rate 3 4 5 6 7 Size Element 1 2 1 COLLECTION 46.45 78.27 110.18 140.23 170.91 201.81 236.55 DISPOSAL 37.30 74.61 111.91 149.22 186.52 223.83 261.13 RECYCLING** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 83.75 152.88 222.09 289.45 357.43 425.64 497.88 2 COLLECTION 78.27 140.23 201.81 263.20 322.44 381.60 440.76 DISPOSAL 74.61 149.22 223.83 298.43 373.04 447.65 522.26 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 152.88 289.45 425.64 561.63 695.48 829.25 963.02 3 COLLECTION 110.18 201.81 292.94 381.60 470.31 559.13 647.77 DISPOSAL 111.91 223.83 335.74 447.65 559.57 671.48 783.39 RECYCLING'" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 222.09 425.64 628.68 829.25 1029.88 1230.61 1431.16 4 COLLECTION 140.23 263.20 381.60 499.98 618.34 736.58 855.03 DISPOSAL 149.22 298.43 447.65 596.87 746.09 895.30 1044.52 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 289.45 561.63 829.25 1096.85 1364.43 1631.88 1899.55 6 COLLECTION 201.81 381.60 559.13 736.58 914.11 1091.65 1269.10 DISPOSAL 223.83 447.65 671.48 895.30 1119.13 1342.96 1566.78 RECYCLING" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 425.64 829.25 1230.61 1631.88 2033.24 2434.61 2835.88 8 COLLECTION 263.20 499.98 736.58 973.35 1210.04 1416.95 1648.70 DISPOSAL 298.43 598.87 895.30 1193.74 1492.17 1790.61 2089.04 RECYCLING*" 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL 561.63 1098.85 1631.88 2167.09 2702.21 3207.56 3737.74 "Rates for recycling services are not reflected in these tables. Those charges are based on a collection fee of $6.87 per cubic yard and a processing fee of $1.06 per cubic yard; there is no disposal fee for recycl- ing services. Monthly charges will depend on the specific level of service. Section 2. The collection service rates established herein are additional to the disposal rates levied as non -ad valorem assessments against commercial property pursuant to Sec. 21-96, et seq., Monroe County Code, and Section 197.3632, Fla. Stat. Page 8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 21 st day of July, A.D.,2010. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Cleric Mayor Sylvia J. Murphy Mayor Pro Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario DiGennaro Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA WA COUNTY (EDAS] Mayor/Chairman 0 Page 9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7/21/10 Division: TECHNICAL SERVICES Bulk Item: Yes X No Department: TECHNICAL SERVICES Staff Contact Person/Phone #: Lisa Druckemiller , 295-5100 AGENDA ITEM WORDING: Approval to purchase from AT&T Quote # 321270739 "Schedule for the Purchase of Equipment and/or Services" for telephone equipment and services to upgrade the telephone switching systems in the Marathon Government Center and the Plantation Key Courthouse to a highly available core switch and to upgrade equipment for other smaller sites in Marathon. ITEM BACKGROUND: The County Attorney and the Clerk have requested reaffirmation and execution of this "Schedule for the Purchase of Equipment and/or Services" shown in Quote # 321270739. This quotation is for the components necessary to upgrade phone equipment at several of our offices in Marathon to support VoIP and allow for the telephone switch in the Marathon Government Center to merge with the main switch in the Plantation Key Courthouse to form a highly available core switch. Furthermore, several locations will also have the necessary equipment for survivability if connectivity to the main telephone switch is lost. The equipment has been installed and placed into service. PREVIOUS RELEVANT BOCC ACTION: Prior Approval to Purchase of Quote # 321270739 on 9/16/09 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST:$114,315.48 BUDGETED: Yes X No � COST TO COUNTY: $114.315.48 SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION Revised 11/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I Contract with: AT&T CONTRACT SUMMARY Contract # Effective Date: Expiration Date: 321270739 09/16/09 Contract Purpose/Description: Schedule for the Purchase of Equipment And / Or Service Quote # 321270739 Telephone unarade equipment to implement VoIP trunking and voice services Contract Manager: Lisa Druckemiller for BOCC (Name) on 07/21 /10 5100 Technical Services/5B (Ext.) (Department/Stop #) kgenda Deadline: 07/06/10 CONTRACT COSTS Total Dollar Value of Contract: $ 114,315.48 Current Year Portion: $ 114,315.48 Budgeted? Yes® No ❑ Account Codes: 001-05002-530-460- Grant: $ - - - - County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ 0.00/yr For: AT&T Telephone Switching Equip (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.} CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[:] No❑ Risk Management Yes[] No❑ O.M.B./Purchasing Yes❑ No❑ County Attorney -�a/4-D Yes❑ Noo--- Comments: nVR Pnrm Rp.visQd 2/27/01 MCP ##2 Item Background Analysis In September of 2009, the BOCC approved the purchase of the equipment and services contained in the attached quotation from AT&T. There were several issues with the approval. First, the Agenda Item did not include any of the necessary backup besides the narrative which is attached at the end of this package. The quote has now been properly attached to this item. As the quotation is for goods and services greater than $25,000, the item must be brought before the Board for approval. Second, the official records do not reflect that the original item was properly routed to OMB, Risk, or the County Attorney for review prior to it being placed on the agenda for the meeting September 2009. This agenda item has been properly routed for signature from those parties. Finally, the quote referenced in the item includes a space for an authorized signature from the Customer. The quotation should be signed by the Mayor in this case. The submission of this item for this meeting will correct this oversight. Staff Recommendation Technical Services recommends that the Monroe County Board of County Commissioners approve the purchase of the Telephone Equipment and Services contained in quote # 321270739 from AT&T. Prior Agenda Item (09/16/09) Background Summary Currently, Monroe County has an existing telephone service consisting of approximately 2000 telephone extensions throughout the County. We have been in the process of upgraded the telephone system to support newer switching technologies, IP trunking, and Voice over IP telephony (VoIP). Key West and Plantation Key have been upgraded within the last two years and the Murray Government Center was brought online in January of 2009 completely with VoIP phones. This purchase will upgrade Marathon to a highly available core switch and join it with the phone switch in Plantation Key to create a redundant system. This would improve the reliability of our phone service throughout the County. Staff recommends approval. Analysis Voice over IP is a technology that involves using the data network to handle telephone services instead of using separate copper lines resulting in costs savings to the County as the County doesn't have to maintain separate voice and data lines. It continues the trend of convergence between voice, data and video technologies. VoIP technologies break the voice data into discrete chunks of information and encapsulated inside a TCP/IP packets for transport over the data network. These packets are routed by our network switches and then reconstituted by the phones back into a voice stream at the telephone receiver. The County has 3 main Nortel telephone switching sites, located in Key West, Marathon and Plantation Key. Each of these sites handles a portion of our telephone lines at our offices throughout the County. The switches in Key West and Plantation Key have been upgraded to use IP trunking (a method to move traffic from switch to switch) and support VoIP telephone handsets which we have installed throughout most of our smaller offices throughout the County. Also, the Murray Nelson Government Center in Key Largo uses VoIP exclusively for the telephone system and is remotely controlled by the main switch in Plantation Key. This particular purchase will result in the upgrade to the telephone switch in Marathon to Nortel's latest software revision and joining it with the main switch in the Plantation Key Courthouse, providing for a highly available core. As such, if either switch failed, phone service would continue to operate as normal. Several of the smaller offices in the field will have equipment installed that will enable these offices to become survivable. If the wide area network connections fail, each site will still be able to dial out - however, 4 digit dialing will not be available. Installing this equipment will yield additional savings to Monroe County as Tech Services will be able to disconnect the T1 circuits connecting remote offices to our main telephone switches and remove several additional OSNC's as well. Each T1 circuit costs the county approximately $300 per month per connections and each OSNC costs the county approximately $170 per month. Furthermore, additional savings would result from future upgrades because they would only require a single purchase for both cores since they would be upgradeable as a single switch. Sole Sourcing It is necessary that the County acquire this telephone switching gear and software from AT&T as a sole source. First, the upgrades must be compatible with our existing telephone switch configuration. Furthermore, the expertise required to integrate this software and hardware with our existing telephone switches are such that only AT&T can deliver these services. Any other contractor would require a steep learning curve as to the details of our telephone switching configuration. The amount of time necessary to complete this installation would greatly increase and cost the County significant additional monies. 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