HomeMy WebLinkAboutC. Bulk Approvals
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Division: Emplovee Services
Bulk Item: Yes -1L- No
Department: Risk Management
Staff Contact PersonlPhone#:Maria L. Slavik X3178
AGENDA ITEM WORDING: Approval to advertise for Request for Proposals for Appraisal(s) of
County owned Real and Personal Property.
ITEM BACKGROUND: The last appraisal of County owned real and personal property was
performed by Marshall & Stevens, Incorporated on September 23,2005. To ensure the County is
purchasing proper limits on its Property Insurance, appraisals must be performed periodically. The
appraisal will include (all county owned property that is currently insured).
PREVIOUS REVELANT BOCC ACTION: Approval to contract with Marshall & Stevens,
Incorporated for appraisal of County property conducted in September, 2005.
CONTRACT/AGREEMENT CHANGES: None
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST: $800 INDIRECT COST:
BUDGETED: Yes --X- No
COST TO COUNTY: ~
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X AM~TPERMONTH
i -eU. . - \
APPROVED BY: County AJ; ~ OMBIPurC mg _ Risk Management \ r?v-
Year
DOCUMENTATION:
Included -X-To Follow
Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 2/27/01
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/18/1 0
Division: TECHNICAL SERVICES
Bulk Item: Yes X
No
Department: TECHNICAL SERVICES
Staff Contact PersonlPhone #: Lisa Druckemiller , 295-5100
AGENDA ITEM WORDING:
Approval to enter into an agreement "In-Building Service Enhancement Agreement," ISE
Agreement (Standalone) 110508, with AT&T for the installation of an In-Building Cellular
Repeater System to provide improved cellular service for AT&T cellular telephones inside
the Murray E. Nelson Government and Cultural Center.
ITEM BACKGROUND: Monroe County has negotiated an agreement with AT&T to fix the
poor reception issues at the Nelson Building by installing a cellular repeater system. AT&T will
provide this system at no cost to the County for the installation. The only potential liability
would result from the removal of the equipment within the first two years of this agreement.
County Staff does not expect this to occur.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:$O.OO
BUDGETED: Yes
No-.X
COST TO COUNTY: $0.00 SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
NoX AMOUNT PER MONTH_Year
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~ARY
Contract with: AT&T Contract #ISE Agr.(Standalone) 11 0508
Effective Date: 08/18/1 0
Expiration Date: 08/18/13
Contract Purpose/Descri pti on:
ISE Agreement for In-Building Service Enhancement Agreement concerning the
installation of a cellular reo eater svstems to orovide imoroved cellular service for
AT&T cellular telephones inside the Nelson Building
Contract Manager: Lisa Druckemiller 5100 Technical Services 5-B
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/18/1 0 Agenda Deadline: 8/3/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 0.00
Budgeted? YesD No ~ Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 0.00
001-05002-
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $O.OO/yr For: Cellular Repeater System
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director - YesD NoD
Risk Management - YesD NoD
o .M.B .!Purchasing - YesD NoD
County Attorney - YesD NoD
Comments:
OMB Form Revised 2/27/0 I Mep #2
The attached Agreement is a proposed draft presented by AT&T. The terms and
conditions and exhibits herein are subject to change and are offered for a period of no
longer than thirty (30) days (August 19, 2010) unless otherwise indicated by AT&T. All
information presented herein is intended for use only by AT&T and Customer, as
defined below.
AT&T and Customer Confidential Information
Page 1 of8
ISE Agreement (Standalone) 110508
IN-BUILDING SERVICE ENHANCEMENT AGREEMENT
This In-Building Service Enhancement Agreement ("Agreement") is entered into by and between AT&T
Mobility National Accounts LLC ("AT&T") and Monroe County Board of County Commissioners
("Customer"). It is effective as of the last date signed by the parties (the "Effective Date").
AT&T, through its licensed affiliates, provides Customer with wireless radio telecommunications services
("Service") pursuant to a separate agreement. This Agreement describes the terms and conditions under which
AT&T will provide equipment to Customer, to be installed on Customer's premises located at 102050 Overseas
Highway, Key Largo, FL 33040 (the "Premises"), in order to provide enhanced radio frequency ("RF") coverage
from AT&T's wireless network.
NOW, THEREFORE, in consideration of the mutual covenants contained herein. and for other good and
valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties hereto
agree as follows:
1. Definitions.
1.1 "Distributed Antenna System" or "DAS" means antennas mounted on the interior of a
building that provide enhanced RF coverage to the interior of the building, and the cabling and distribution
systems required to connect the antennas to the Electronics.
1.2 "Electronics" means all electronic equipment within the DAS.
1.3 "Frequency" or "Frequencies" means the frequencies for which an affiliate of AT&T
holds a license from the Federal Communications Commission ("FCC") for use in providing wireless
telecommunication services and features.
1.4 "Interference" means undesired RF energy that can degrade the quality of Service on
licensed frequencies, which may result in distorted conversations, dropped calls, and blocked calls for AT&T's
licensed affiliates or other carriers.
1.5 "Microcell" means the AT&T-owned Microcell(s) and any related equipment.
1.6 "Network" means the infrastructure that is used to provide wireless radio
telecommunications services on AT&T's Frequencies.
1.7 "Repeater" means the AT&T-owned Repeater(s) and any related equipment.
1.8 "System" means a customized wireless radio telecommunications system comprised of
the Microcell or Repeater (as applicable), the Electronics, the DAS, any related transmission facilities and related
equipment and cabling that will be installed for use on the Premises, as set forth in the System design attached
hereto as Exhibit A and incorporated herein by this reference.
2. System Design and Operation.
2.1 Installation and Maintenance.
2.1.1 Installation. AT&T or its subcontractor will install the System on the Premises.
Customer will not pay an installation fee for installation of and right to use the System (the "Installation").
2.1.2 Maintenance. AT&T or its subcontractor will maintain the System on the
Premises at AT&T's expense.
AT&T and Customer Confidential Information
Page 2 of 8
ISE Agreement (Standalone) 110508
2.2 System Modification and Capacity. Customer understands and agrees that the
System impacts AT&T's Network capacity and performance, and that the System may not provide coverage for
the entire Premises. Customer also understands and agrees that (a) AT&T may, in its sole discretion, modify,
enhance, upgrade, adjust, shutdown, disable or make other changes it deems necessary to the System or any
component thereof, and (b) any such modifications, enhancements, upgrades, adjustments or other changes to
the System or its components by AT&T may require additional space and consume additional power. Any
Customer request to expand, modify, or otherwise enhance the System will be at Customer's expense and will
be subject to AT&T's written approval.
2.3 System Outage. AT&T WILL HAVE NO LIABILITY FOR LOSSES OR DAMAGES OF
ANY KIND CAUSED BY PLANNED OR UNPLANNED OUTAGES OF THE SYSTEM, WHETHER CAUSED BY,
BUT NOT LIMITED TO, FAILURES OF THE SYSTEM OR ANY COMPONENT THEREOF, POWER FAilURES,
CUSTOMER'S ACTS OR OMISSIONS, OR ANY OUTAGE ASSOCIATED WITH COMPLIANCE WITH ANY
EXISTING OR YET TO BE ENACTED LAW, BUILDING CODE REQUIREMENT, OR WITH ANY OTHER
REGULATORY MANDATE.
2.4 Ownership. FCC regulations require AT&T to maintain sole control over any
transmitting device that operates within AT&T's assigned Frequencies. The parties agree that: (a) Customer
does not have, and will not acquire through this Agreement, any proprietary or ownership rights or interest in the
System, AT&T's Network, AT&T's cell sites and related components, or the Frequencies, or the public revenues
associated with the Service or the System, and (b) the System, and all components, are and will remain the
property of AT&T and AT&T or its subcontractor will have the right to install, operate, maintain and remove the
System in its sole discretion at AT&T's expense. AT&T has no proprietary or ownership rights in the Premises or
Customer's facilities, including Customer cabling, used as part of the System installation.
2.5 Connectivity.
2.5.1 Microcell-Enabled System. If the System includes a Microcell, (a) Customer
understands and agrees that the Microcell may require connectivity to the Network via telephone company
transport facilities such as a T-1 connection, and (b) AT&T will provide such connectivity at AT&T's expense.
2.5.2 Repeater-Enabled System. If the System includes a Repeater, Customer (a)
understands and agrees that the Repeater may require connectivity to the Network via an analog telephone line
connecting to a modem and (b) will supply such analog telephone line at Customer's expense.
2.6 Customer Responsibilities. Customer represents, warrants and agrees that it (a) will
obtain all required Premises approvals to allow AT&T or its subcontractors to install, maintain, repair, replace,
remove and/or operate the System on the Premises prior to installation, (b) will provide to AT&T, at no charge or
cost to AT&T, space in and on the Premises that is sufficient, climate controlled, and in such a condition, that will
allow AT&T or its subcontractors to install, repair, maintain, replace, remove and/or operate the System, (c) will
make available to AT&T or its subcontractors, on a twenty-four (24) hours per day, seven (7) days per week
basis, an authorized Customer representative to notify for gaining access to the System and, upon AT&T's
reasonable prior notice to such representative, will provide AT&T or its subcontractors with access to the System
twenty-four (24) hours per day, seven (7) days per week to complete any necessary installation, maintenance,
repair, replacement or removal of the System, (d) will ensure that all installation, modification, handling,
maintenance, repair and removal of the System is restricted solely to AT&T and its subcontractors, (e) after
System installation, will not change its Premises or its use of the Premises in any way that interferes with the
System or AT&T's Network, (f) will provide to the System, at Customer's sole cost, all required commercial
power, (g) will be solely responsible for all costs to repair the System from damage caused by Customer's acts or
omissions, and (h) will be solely responsible for all costs associated with moving the System on the Premises or
to a new location, if such move is done at Customer's request, subject to AT&T's written approval.
AT&T and Customer Confidential Information
Page 3 of 8
ISE Agreement (Standalone) 110508
2.7 AT&T System Access. When accessing the Premises to complete any necessary
installation, maintenance, repair, replacement or removal of the System, AT&T may be subject to Customer's
reasonable security procedures and protocol. Any planned maintenance shall occur with reasonable prior notice
to Customer at a mutually agreed upon time.
3. Monitoring/Unauthorized Usage.
3.1 Monitoring for Interference. AT&T has the right to monitor the operation of the
System twenty-four hours per day, seven days per week, in order to determine System performance and to
ensure that the System does not cause Interference to other AT&T customers or their users, AT&T's Network,
transmission facilities or other equipment. AT&T will determine whether the System is causing such
Interference, and may, at its option, disable or shut down the System until AT&T is able to determine and
eliminate the cause of the Interference.
3.2 Unauthorized Usage. Customer shall not use any part of the System to broadcast
AT & T's Freq uencies without AT&T's consent.
4. Term. This Agreement shall begin on the Effective Date and continue for 3 (three) years (the
"Initial Term"), After the Initial Term, this Agreement will automatically renew for additional, successive one (1)
year periods (each, a "Renewal Term") until terminated by either party upon ninety (90) days' written notice,
5. Termination and Equipment Removal.
5.1 Termination.
5.1.1 Due to Breach. If either party fails to perform or observe (or to commence and
diligently prosecute activities that will result in performance or observance of) any material term or condition of
this Agreement within thirty (30) days after receipt of written notice from the other party of such failure, that party
shall be in default and the non-breaching party may, in addition to any other remedies available at law or in
equity, terminate this Agreement.
5.1.2 Due to Bankruptcy. Either party may terminate this Agreement should the
other party make a general assignment for the benefit of its creditors, if a receiver is appointed for the other party
due to its insolvency, if the other party initiates a voluntary bankruptcy proceeding or if the other party's creditors
initiate a bankruptcy proceeding against that party and such proceeding is continuing and not dismissed or
discharged for sixty (60) days.
5.1.3 Due to Regulatory Change. AT&T may terminate this Agreement, or any part
of this Agreement, immediately and without penalty, upon written notice to Customer if the FCC, the respective
State Public Utilities Commission or any other regulatory agency or legislative body promulgates any rule,
regulation or order that in effect or application prohibits or adversely affects AT&T's ability to fulfill its obligations
hereunder.
5.1.4 Due to Interference. In the event AT&T is unable to eliminate the cause of any
Interference identified pursuant to Section 3.1 above (whether because the cause cannot be determined or is
determined to be Customer or Customer's use of the Premises), AT&T will have the right to permanently shut
down and remove the System and terminate this Agreement immediately and without penalty.
5.1.5 Due to Vacancy. Customer must notify AT&T of its intent to vacate the
Premises, and thereby terminate this Agreement, at least sixty (60) days prior to such move. AT&T will have the
right to access the Premises and remove all AT&T.owned equipment prior to Customer's move.
5.2 Equipment Removal Fee. Customer will pay to AT&T the applicable Equipment
Removal Fee set forth below upon (a) AT&T's termination of this Agreement pursuant to Sections 5.1.1 or 5.1.2
above; (b) AT&T's termination of this Agreement pursuant to Section 5.1.4 above but only where AT&T
AT&T and Customer Confidential Information
Page 4 of 8
ISE Agreement (Standalone) 110508
determines that the Interference is caused, in whole or in part, by Customer or its use of the Premises; or (c)
upon Customer's termination of the Agreement pursuant to Section 5.1.5 above.
EQuipment Removal Fee
System Type During 151 year of During 2no year of During remainder
Initial Term Initial Term of Initial Term
and any Renewal
Term
Microcell-enabled $N/A $N/A $N/A
Repeater-enabled $3,000 $2,000 $0
5.3 Equipment Removal. Upon termination of this Agreement for any reason, AT&T will
have the right, upon reasonable notice to Customer, to enter Customer's Premises and remove all AT&T-owned
equipment.
6. No Warranty. AT&T MAKES NO EXPRESS WARRANTY REGARDING THE SYSTEM, ITS
COMPONENTS OR OTHER EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATIONS OF LIABILITY.
7.1 PRODUCT AND SERVICE FAILURES. AT&T IS NOT LIABLE FOR ANY LOSSES OR
DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE EQUIPMENT OR SERVICES TO BE
PROVIDED UNDER THIS AGREEMENT, WHETHER THE CLAIM IS IN TORT OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO INJURIES TO PERSONS OR PROPERTY ARISING FROM THE OTHER PARTY'S
USE OF THE SYSTEM.
7.2 CONSEQUENTIAL DAMAGES. NEITHER PARTY IS LIABLE FOR ANY SPECIAL,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.
8. Indemnification. AT&T and Customer agree to indemnify, defend and hold harmless the other
party and its parent company, affiliates, employees, directors, officers, and agents from and against all claims,
demands, actions, causes of actions, damages, liabilities, losses, and expenses (including reasonable attorney's
fees) incurred as a result of third party claims for damage to property and/or personal injuries (including death)
arising out of the negligent or willful act or omission of the indemnifying party. The following procedures will
apply to any indemnification obligation under this Section 8: (a) the party seeking indemnification will promptly
notify the indemnifying party in writing of any claim or suit; (b) the indemnifying party will have sole control of the
defense or settlement; provided, however, that the indemnifying party will not enter into any settlement that
obligates the party seeking indemnification to make an admission of guilt, or incur any expense for which the
party seeking indemnification is not indemnified, without such party's prior written consent, which will not be
unreasonably withheld; (c) the party seeking indemnification will have the right to be represented separately by
counsel of its own choosing, at its own expense, in connection with any claim or suit; and (d) the party seeking
indemnification will provide reasonable cooperation to the indemnifying party at the indemnifying party's
expense. The Customer is a state agency subject to limited liability under ~768.28, Florida Statutes, and does
not waive immunity in excess of that limit.
9. Force Majeure. AT&T shall have no liability for damages or delays due to fire, explosion,
lightning, pest damage, power surge or failures, water, acts of God, the elements, war, civil disturbances, acts of
civil or military authorities or the public enemy, inability to secure raw materials, products, or transportation
facilities, fuel or energy shortages, acts or omissions of other communications carriers, suppliers or
subcontractors, or other causes beyond AT&T's control, whether or not similar to the foregoing.
AT&T and Customer Confidential Information
Page 5 of 8
ISE Agreement (Standalone) 110508
10. Notices. All notices and other communications required or permitted under this Agreement shall
be in writing and shall be deemed to have been duly made and received when personally served or when mailed
by overnight delivery service or certified mail, postage prepaid, return receipt requested, to the addresses
indicated below. The parties may change the addresses on thirty (30) days' written notice.
If to AT&T:
AT&T Mobility National Accounts LLC
P.O. Box 97061
Redmond, WA 98052
Attn: EBS Mobility Contract Management
If to Customer:
County Administrator
1100 Simonton St
Key West FL 33040
Attn: Technical Services
11. Governing Law. The laws of the State of Florida shaH govern all questions with respect to this
Agreement. The prevailing party in any dispute to enforce or interpret this Agreement shall be entitled to recover
its reasonable costs and attorneys' fees.
12. Compliance with Law. In carrying out AT&T's obligations under this agreement, AT&T
shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this
Agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules
or regulations shall constitute a material breach of this Agreement and shall entitle Customer to terminate this
Agreement pursuant to Section 5.1.1 of this Agreement.
13. Assignment. This Agreement may not be assigned by either party without the prior written
consent of the other and such consent shall not be unreasonably withheld. However, either party may, without
the other party's consent, assign this Agreement to an affiliate or to any entity that acquires substantially all of
the party's business or stock and AT&T may assign its right to receive payments hereunder. Subject to the
foregoing, this Agreement shall be binding upon the assignees of the respective parties.
14. Third Party Beneficiaries. Other than as expressly set forth herein, this Agreement shall not
be deemed to provide any third parties with any remedy, claim, right of action, or other right.
15. Severability. If any portion of this Agreement is found to be unenforceable, the remaining
portions shaH remain in effect and the parties will begin negotiations for a replacement of the invalid or
unenforceable portion.
16. Survival. The terms and provisions of this Agreement that by their nature require performance
by either party after the termination or expiration of this Agreement, including, but not limited to, limitations of
liability and exclusions of damages, shall be and remain enforceable notwithstanding such termination or
expiration of this Agreement for any reason whatsoever.
17. Legal Relationship. This Agreement does not render either party the agent or legal
representative of the other party and does not create a partnership or joint venture between AT&T and
Customer. Neither party shall have any authority to agree for or bind the other party in any manner whatsoever.
18. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless it is in
writing and signed by both parties. The failure of either party to insist on the strict enforcement of any provision
of this Agreement shall not constitute a waiver of any provision.
AT&T and Customer Confidential Information
Page 6 of 8
ISE Agreement (Standalone) 110508
19. Publicity. Neither party shall issue a news release, public announcement, advertisement, or
other form of publicity concerning the substance of this Agreement without obtaining the prior written approval of
the other party, which may be withheld in the other party's 50[e discretion.
20. Entire Agreement. This Agreement set forth the entire agreement between the parties with
respect to the subject matter herein and supersedes all prior agreements, proposals, representations,
statements, or understandings, whether written or oral. No change, modification or waiver of any of the terms of
this Agreement shall be binding unless made in writing signed by both parties.
AT&T Mobility National Accounts LLC
Monroe County Board of County
Commissioners
By
By
Printed Name
Printed Name
Title
Title
Date
Date
AT&T and Customer Confidential Information
Page 7 of 8
ISE Agreement (Standalone) 110508
Exhibit A
Svstem Desian
AT&T and Customer Confidential Information
Page 8 of 8
ISE Agreement (Standalone) 110508
Item Background
After several BOCC meetings and occupancy by Staff of the Nelson Building, it was readily
apparent that something needed to be done about the poor reception of cell phones throughout
the building. People would need to stand by a window or go outside to hold a conversation.
After the May 2009 meeting staff began to negotiate with AT&T to put a repeater system in
place.
A cellular repeater system is an outside external antenna mounted usually on the roof of a
building. This antenna receives the signal from the nearest cell tower. This signal is then sent
into an amplification and distribution unit and then distributed to numerous inside antennas
where the cell phones can receive an improved signal.
By the November 2009 meeting, a basic agreement was in place where AT&T would provide the
repeater system (which costs $15,000) and subsidize 2/3's of the system. The County would be
responsible for 1/3 of the cost or $5,000. This was unacceptable to the County Administrator
who strongly suggested that AT&T should provide this system at no cost because it was
"AT&T's problem" and other vendors had provided systems at no costs to other governmental
agencies here in the Keys.
After several months of further negotiations we reached this agreement to provide the system at
no cost to the County. The contract shows that we would be liable for some of the costs of the
installation should we request that the system be removed prior to the end of the second year of
this three year agreement. We do not expect such a condition to occur.
Staff recommends approval.
Technical Services
August 18, 2010
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Division:
County Administration
Bulk Item: Yes -X...
No
Department: Project Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Receipt of monthly report on change orders reviewed by the County
Administrator's Office.
ITEM BACKGROUND: There was one change order considered and approved by the County
Administrator for the period beginning July 1, 2010 and ending July 31, 2010, and no change order
requests denied by Project Management or Engineering Services.
PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was
adopted in order to provide that the County Administrator may approve separate, non-cumulative
change orders for construction projects and professional service contracts in amounts not to exceed
$25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly
report of all change orders considered by the County Administrator.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST:
N/A
Indirect Costs
BUDGETED: Yes N/ A
No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: N/ A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
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MONROE COUNfY / ADMINISTRATION DMSION/PROJECf MANAGEMENr
CONfRACf CHANGE ORDER
PROJECT TITLE:
East Martello Exit Stair Project
3501 South Roosevelt Blvd.
Key West, FL 33040
TO CONTRACTOR:
Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
Big Pine Key, FL 33043
The Contract is changed as follows:
CHANGE ORDER NO: 1
INITIATION DATE: 07/12/10
CONTRACT DATE: 05/19/10
The original (Contract Sum) (Guaranteed Maximum Price) ........................................
Net change by previously authorized Change Orders ...... ... ... . .. ... ... ... ... ... ... ... ... ... ... ...
The (Contract Sum) (Guaranteed Maximum Price) prtorto this Change Order was .........
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
(unchanged) by this Change Order ... ......... ...... $5,800.00
The new (Contract Sum) (Guaranteed Maximum Price) Including this Change Order Is ... $42,400.00
The Contract Time will be (increased) (decreased) (unchanaed) by... ...... ... ...... '" ... ...... N1A
The date of Substantial Completion as of the date of this Change Order is ......... ... ... .....December 1,2010
$36,600.00
$0.00
$36,600.00
Detailed description of change order and justification:
The Kev West Art & Historical Socletv reaue&ted that the SCODe of work to the::::",. -:::: Extetlor
ExIt Stair DI'O/ect at the citadel. be revised to Include some I'eStxhfltlon of the /. /. .
Modifications Went made to delete the reoIacement of the doots at the too of the exit Sfiii';. and
Include restorlltlon of the Interior stairs. The net Increase Is $6.800.00.
This Chanae Order Is 16.8% of the orIalnal contract amount
Not valid until sianed bv Owner. and Contractor
ARCHITECT:
7#/6.jt>
Date
CONTRACTOR:
()
DIRECTOR, PROJECT MANAGEMENT:
DEPARTMENT HEAD
I b :1oc.2fiJ lD
Date
astesi
Debbie Frederick, Deputy
COUNTY ADMINISTRATOR
Change Order Attachment per Ordinance No. 004-1999
· Change Order was not included In the original contract specifications. Yes t81 No D
If Yes, explanation: The Key West Art & Historical Society requested that the Intetfor
stairs In the citadel be rest.Ofed as much as possible within the cummt budget, and to
delete the doors at the top of the exterior stairs from the scope of wot1r.
· Change Order was Included in the original spec/flcations. Yes D No t81
If Yes, explanation of Increase in price:
· Change Order exceeds $25,000 or 5% of contract price (whichever Is greater). Yes D No 181
If Yes, explanation as to why it is not subject for a calling for bids:
· Project architect approves the change order. Yes t81 No D
If no, explanation of why:
· Change Order is correcting an error or omission In design document. Yes DNo t81
Should a claim under the applicable professional liability polley be made? Yes D No 181
Explain:
.
.
281 Front S~
Key West, FL 33040
305-295~6616
FAX 305-295-6649
www.kwabs.org
+
KEY WEST
MUSEUM OF ART
& HISTORY at the
CUSTOM HOUSE
281 Pront Street
Key West. PL 33040
305-295-6616
..
KEY WEST
LIGHTHOUSE
MUSEUM
938 Whitehead Street
Key West. FL 33040
305-294-0012
..
EAsr MARTELLO
MUSWM
3501 South~BMI.
Key West. PL 33040
305-296-3913
June 4, 2010
Mr. Jerry Barnett, Director of Project Management
Monroe County Construcffon Mgmt.
The Historic Gato Cigar Factory
-: 1 ) 00 Simonton Street
Key West, Fl 33040
IE: East Marte80 ExIt Stat
Dear Jeny,
This letter wiD confirm that we want to delete the doors at the top of the
new exit stair at the East Martello from the scope of work. In so doing, we
recognize that this opening win not be protected from the weather.
However, none of the other openings to the citadel are enclosed. this
action wiD be consistent with requirements of the State of Aorida Division of
Historic Resources. In lieu of these doors we would &lc:e to proceed with
restoraffon of the central historic iron stair to the greatest extent possible
given you current level of funding.
Key West Art & Hlstoricat Society herein absolves the Monroe County Board
of County Commissioners and all County departments from any damage
resulffng from this direcfive to items within the building whether pennanently
installed, part of an exhibit or simply stored by us in the building.
Please contact me if you need any other documentaffon on this request.
Sincerely,
c~~S:Wil~
Execufive Drector
Key West Art & Historical Society
Pedro Falcon
Electrical Contractors, Inc.
31160 A.~'enue C, Big Pine Key, FL33043-45J6
(305) 872-2200 . Fax (305) 872-2219 . falconel@bellsouth.net
CGC 1507617 I EC0001491 I EC 13003416
Project: East Martello Exit Stair Project
Description: Provide Proposal to Clean. Prepare and Paint the Interior Central Iron
Spiral Stair for the Sum of$10.200.00. Provide as Much Work as
Possible for this Amount.
Credit for "Add Alternate No 1: Replace exterior door at top of exit stair
with code compliant and historically correct (aDDearance) doors and
hardware. "
Grizzly
· Blast clean (18 bottom steps).
. Clean the loose stuff off the other top steps.
· Apply Sherwin Williams Epoxy Mastic Aluminum II, two coats of 10 Mils DFT
to the entire stair.
· Total for this Item............................................. .................. .$9,000.00
PFEC
· Credit: Replace exterior door at top of exit stair with code compliant and
historically correct (appearance) doors and hardware........ ........... ..<$4,400.00>
· Provide Supervision, Coordination, Profit and Overhead............. ... ...$1 ,200.00
Net Total.... ......................... ... ... ... ... ......... ................. ....... ..... .$5,800.00
TOTAL REQUESTED CHANGE ORDER AMOUNT........................$5,800.00
Required Time Extension if awarded in the next two weeks................... ..... .0 Days
Respectfully Submitted,
Christian Brisson
President
Industrial. Commercial · Institutional · lItility
Established 1985
GRtZZl..YGCC
8410 NW 93rd Street
Medley. FL 33166
-
(30~)-888-2196
07/14/010
REVISED
Pedro Falcon Electrical Contractors Inc.
31160 Avenue C
Big Pines, FL 33043
Bid # 057B-2010
Attn: Mr. Christian Brisson
Fax: CBBPK@bellsouth.net
One Page
Reference: East Martello Metal Stair
Grizzly General Contractor, Corp.. will fumish all materials, equipments,
supervision and other incidental requirement to execute the work described.
Scope of work:
Sandblast to a Sspc Sp 6 Commmercial Blasting Condition ( 18 Bottom Steps)
Clean the Loose Stuff off the other top steps
Apply Two of Sherwin Williams Aluminum Mastic II @ 10 mils OFT per Coat
Price: $ 9000.00
Payment: As per Agreement
Sincerely
Alain J Belanger
Grizzly GCC CGC055854
NACE Certified Coating Inspector #4874
Fax: 305-888-2197
Email: GrizzlyGCC@aol.com
Website: www.GrizzlyGCC.com
7/14/2010
MEMORANDl./M
TO: Board of County Commissioners
From: Debbie Frederick
Deputy County Administrator
Date: July 16, 2010
RE: Change Orders
Attached is a proposed change order for Pedro Falcon Electrical Contractors, Inc.
for the East Martello Exit Stair Project. (Change order #1, is for $5,800.00 due
to scope of work to include restoration of interior stairs instead of replacement of
doors at the top of the exit stairs at the request of the Key West Art & Historical
Society.)
According to Ordinance 027-1998 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 Administr;qJ'or/Deputy Administrator intends to approve this change order on
.~, July~2010.
C?:i!:dPxojc
Debbie Frederick
Deputy County Administrator
DF: ac
~o-Abra
From:
Sent:
To:
Subject:
Attachments:
Campo-Abra
Monday, July 19, 2010 9:25 AM
County Commissioners and Aides
Change Order
Change Order.pdf
Please review the attached Change Order #1 submitted by Pedro Falcon Electrical Contractors, Inc. for the East Martello
Exit Stair Project.
Abra Campo
Sr. Administrative AssIstant
Offk::e of County Administrator
The Historic Gato CIgar Factory
1100 Simonton Street, Suite 2-205
Key West, R. 33040
OffIce 305.292-4441
Fax 305-292-4544
camoo-abra@monroecountv-fl.aov
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Please note: Rorida has a very broad public records law. Most written communications to or from the County regarding County business are public
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1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Division:
Administration
Bulk Item: Yes ~ No
Department: Proiect Management
Staff Contact PersonlPhone #: JerrvBarnettX4416
AGENDA ITEM WORDING: Approval of a contract with Pedro Falcon Electrical Contractors, Inc.
for the renovations of the East Martello Tower Bathrooms.
ITEM BACKGROUND: On July 27,2010, a bid opening was held for the East Martello Bathroom
Renovations project. Six bidders responded with Pedro Falcon Electrical Contractors submitting the
lowest bid. All bid submissions were from local contractors.
PREVIOUS RELEVANT BOCC ACTION: May 19,2010, the BOCC approved a contract with
Bender & Associates Architects, P.A. for Construction Administration services for the East Martello
Tower Restrooms Renovation project.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $29.942.00 INDIRECT COST: N/A BUDGETED: Yes X-No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $29.942.00
SOURCE OF FUNDS: IDC Funded
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year
.I~Y
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTA TION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pedro Falcon Electrical Contract #_
Effective Date: 08/18/1 0
Expiration Date:
Contract PurposefDescription:
Contract for the renovations of the East Martello Tower Restrooms
Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 08/18/1 0 Agenda Deadline: 08/03/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 29,942.00 Current Year Portion: $ 15,000.00
Budgeted? Yes[81 No D
Account Codes: 117-77040-530340-TM07369X-_
Grant: $ N/A
County Match: $ N/ A
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (e~ maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director ~t
Risk Manag:~nt ~
O.M.B./Pur~ing ~
County Attorney ~iq(!Jo
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Date Out
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
Agreement
Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT
made as of the Eighteenth day of August, in the year of Two Thousand and Ten
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
Big Pine Key, FL 33043
For the following Project:
East Martello Bathroom Renovations
The Scope of Work:
Renovation of existing bathrooms and related construction
As shown in Contract Documents and Drawings located at
the East Martello, 3501 South Roosevelt Blvd. Key West,
FL. To furnish all labor, materials, tools, transportation,
services, etc. as required for complete installation of all
mechanical and plumbing work as indicated on drawings,
specified or otherwise necessitated by the work for the
completion of the project.
Project Management
The Director of Project Management
Monroe County Project Management
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida, 33040
The Architect is:
Bender & Associates Architects, P.A.
41 0 Angela Street
Key West, FL 3340
License No.
AAC002022
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Bid Documents, Addenda
issued prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement: these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes
prior negotiations, representations or agreements, either written or oral. An enumeration of the
Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
Scope of work includes but is not limited to:
· Preparation of area for renovation of bathrooms and legally disposal of debris off site.
· Related work specified elsewhere: Excavation, filling and back filling, moisture
protection. All new structures are required to meet 150 mph wind load.
· Furnish and install all toilet room accessories, hardware, etc. as indicated or specified.
· Related work specified Elsewhere: Carpentry, Gypsum Drywall, Tile.
· Furnish, install and connect complete electrical system as shown on the drawings,
specified or otherwise necessitated by the work.
· All other requirements of the contract documents.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below
or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner,
the Contractor shall notify the Owner, through the Director of Project Management, in writing
not less than five days before commencing the Work.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Eighty (180) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the contract
or of specified phases of the contract shall be the calendar date or dates listed in the milestone
schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
2
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Twenty Nine Thousand Nine Hundred and Forty Two and
00/100
Dollars ($29,942.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.) N/A
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Project
Management or Architect may require. This schedule, unless objected to by the Director of
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
3
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
Project Management or Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage. Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be included in applications for Payment. No item in the Schedule of Values
shall exceed $25,000.00 without prior approval from Monroe County Project Management. For
items greater than $25,000.00, the amount of credit to be allowed by the Contractor to the
Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the
net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
Change Request, as indicated in the corresponding line item in the Approved Schedule of
Values for that line item as confirmed by the Director of Project Management. For items less
than $25,000.00, the amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be pursuant to
negotiation as outlined in General Conditions, Section 00750, Article 7.2. When both additions
and credits covering related Work or substitutions are involved in a change the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to that
change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management or Architect has
withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
Conditions.
5.7 Retainage will be withheld in accordance with section 218.735 (8), Florida Statutes
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
8/4/2010 CONTRACT BETWEEN OWNER AND CONTRACTOR 4
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management and Architect. Such final payment shall be made by the Owner
not more than 20 days after the issuance of the final approval for payment,:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500 of the General
Requirements
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
5
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs as an award against the non-prevailing party, and
shall include attorney's fees and courts costs in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, 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.
j) Nondiscrimination. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. County
or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
8/4/2010 CONTRACT BETWEEN OWNER AND CONTRACTOR 6
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
7
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
v) Hold Harmless. Notwithstanding any minimum insurance requirements prescribed
elsewhere in this agreement, the Contractor covenants and agrees that he 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 in any tier or other invitees during the term of this
Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees,
agents, contractors in any tier 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
8/4/2010 CONTRACT BETWEEN OWNER AND CONTRACTOR 8
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
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
their 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 sUNive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
v) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
x) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insureds.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
9
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: Project Manual dated June, 2010. Drawings C, A 1, A2,
SP1, Addendum #1, Proposal of July 27,2010.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated June 2010.
9.1.4 The Specifications are those contained in the Project Manual dated June, 2010.
(type in by division / spec number)
As listed in Table of Contents of the Project Manual for this project.
9.1.5 The Drawings issued by the Architect for the construction of the (list drawings) C, A 1,
A2, and SP1. Drawings attached to Addendum #1 include AD1.1, and AD1.2.
9.1.6 The Addenda, if any, are as follows:
Number
1
Date
07/15/10
Pages
4
9.1.7 The Alternates, if any, are as follows: N/A
END ALTERNATES
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to Project
Management and Architect for use in the administration of the Contract, and the remainder to
the Owner.
BALANCE OF PAGE INTENTIONAllY lEFT BLANK
SIGNATURE PAGE TO FOllOW
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CONTRACT BETWEEN OWNER AND CONTRACTOR
10
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
CONTRACTOR
~
By: /~.~{<. <,""j;t:-
Print Nam;-?a.~n'c..':A. ::::l. \J: +t-
Title: t:l.c; U:+n!:~c:...
Date: D~ I o5ll0
By:
Print name: CJlJe/5lJAJI 8lJs~oAl
Title: AS I'IUSGllJeNr
Date: tJ8 /1:>5/ /0
I .
And: J!J- ~
By:~
r
Print Name:J>Wl&.l.Yr l)evaze
Title: u.~ l..AIrt~.;.
Date: tJ '8 - ~~ - 20l ()
, COUl'l/TY AiTO .
~j'..':-.."~.'.'.:(..:.\~~:J. AS TO. FO~
~C'0'C'Cl
.. -- ... \ . A. ...h:"__.
/\8:> 1 C',~)UNTY ATTORI'~EY
Dst c _..__.~..s:= - / C>
STATE OF FLORIDA
COUNTY9F m /; 17 Jf!.{)&
On this ~ day of ,2010, before me ,the undersigned notary public,
Personally appeared y. l31t-111::. IS7\ ,knQWn to me to b~-!.he
Person whose name is subscribed above or who produced N P1
As identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for the construction of East Martello Bathroom Renovation
a?fses thereid~d
.;IA ~, .;~A(J
ry ~lic . .4'"
tlLLf tL /of. V Iu r9UJYJ
Print Name NOTARY PUB
My commission expires: ti: =~ 3i: FLORIDA.
z \ . .~L urgOOQ-
a iCoIllI!l1SSlon IDD708166
~~",,,,,,,,~ Expires: OCT. 09, 2011
BONDRD THRU ATLAlmCOONDING co..INC.
Seal
END OF SECTION 00500
8/4/2010
CONTRACT BETWEEN OWNER AND CONTRACTOR
11
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
General Conditions of the Contract for Construction
Where Project Management is Not a Constructor
Table of Articles
1. General Provisions 8. Time
2. Owner 9. Payments and Completion
3. Contractor 10. Protection of Persons and
Property
4. Administration of the Contract 11. Insurance and Bonds
5. Subcontractors 12. Uncovering and Correction of Work
6. Construction by Owner or By Other 13. Miscellaneous Provisions
Contractors
7. Changes in the Work 14. Termination or Suspension of the
Contract
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General Conditions of the Contract for Construction
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
ARTICLE 1
GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners bid documents, other documents listed in the Agreement and Modifications issued after
execution of the Contract, and the Contractor's bid and supporting documentation. A
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change
Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work
issued by the Architect.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Architect and Contractor, (2) between Project Management and Contractor, (3) between the
Architect and Project Management, (4) between the Owner and a Subcontractor or (5) between
any persons or entities other than the Owner and Contractor. The Owner shall, however, be
entitled to enforce the obligations under the Contract intended to facilitate performance of the
duties of Project Management and Architect.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Project Management.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms, Conditions of the Contract and
Specifications.
1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Architect's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the Architect are
instruments of the Architect's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the Architect. All
copies of them, except the Contractor's record set, shall be returned or suitably accounted for to
Project Management, on request, upon completion of the Work. The Drawings, Specifications
and other documents prepared by the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to the Project. They are not to be used by the Contractor or any
Subcontractor, Sub-subcontractor or material or equipment suppliers unless they are granted a
limited license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet official regulatory requirements or
for other purposes in connection with this Project is not to be construed as publication in
derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from Project Management at a fee of $5.00 per page for full size drawings (.25 per page for
written specifications or 11 "x 17" drawings).
1.4 Capitalization
1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
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General Conditions of the Contract for Construction
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
ARTICLE 2
OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 The owner shall furnish initial site surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a legal description of the site.
2.2.3 For existing facilities the Owner shall secure and pay for necessary approvals,
easements, assessments and charges, required for construction, use or occupancy of
permanent structures or for permanent changes in existing facilities except for permits and fees
which are the responsibility of the Contractor under the Contract Documents. It is the
Contractor's responsibility to secure and pay for the building permit(s) for the project.
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Project
Management and shall contemporaneously provide the same communications to the Architect.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
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General Conditions of the Contract for Construction
4
EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Project
Management's and Architect's and their respective consultants' additional services and
expenses made necessary by such default, neglect or failure. If payments then, or thereafter,
due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner. In the event of clean-up issues, Owner has right to provide a minimum
of 24 hours notice. In the event of safety issues determined to be of a serious nature, as
determined by Project Management, notice will be given, and contractor is required to rectify
deficiency immediately.
ARTICLE 3
CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by Project Management, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to Project Management and Architect errors, inconsistencies or omissions
discovered. The Contractor shall not be liable to the Owner, Project Management or Architect
for damage resulting from errors, inconsistencies or omissions in the Contract Documents
unless the Contractor recognized such error, inconsistency or omission and knowingly failed to
report it to Project Management and Architect. If the Contractor performs any construction
activity knowing it involves a recognized error, inconsistency or omission in the Contract
Documents without such notice to Project Management and Architect, the Contractor shall
assume appropriate responsibility for such performance and shall bear an appropriate amount
of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to Project Management and Architect at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
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General Conditions of the Contract for Construction
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, subject to overall coordination of Project Management as provided in
Subparagraphs 4.6.3 and 4.6.5.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Project Management or Architect in
their administration of the Contract, or by test, inspections or approvals required or performed
by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by Project
Management, the Contractor will remove and/or replace the employee at the request of Project
Management. Employees dismissed from the project will be transported from the job site at the
Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with Project Management, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Project Management and Architect that materials
and equipment furnished under the Contract will be of good quality and new unless otherwise
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General Conditions of the Contract for Construction
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by Project Management or Architect, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The Contractor shall secure and pay for all permits. impact fees. governmental fees,
licenses, inspections, testing, surveys and utility fees required by Federal, State, Municipal or
Utility entities having jurisdiction over the project for the proper execution and completion of the
Work which are customarily secured after execution of the Contract and which are legally
required at the time bids are received. The Owner will assess Monroe County buildinq permit
and Monroe County impact fees. The Contractor will be responsible for all building permit costs
or impact fees required for this project. The Contractor shall secure and pay for all building and
specialty permits including plumbing, electrical, HVAC, etc.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Project Management, Architect and
Owner in writing, and necessary changes shall be accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Project Management, Architect
and Owner, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs.
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to Project Management and shall not be changed except
with the consent of Project Management, unless the superintendent proves to be unsatisfactory
to the Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
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EAST MARTELLO SA THROOM RENOVATIONS-KEY WEST
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and Architect's information and Project Management's approval a Contractor's
Construction Schedule for the Work. Such schedule shall not exceed time limits current under
the Contract Documents, shall be revised at appropriate intervals as required by the conditions
of the Work and Project, shall be related to the entire Project construction schedule to the extent
required by the Contract Documents, and shall provide for expeditious and practicable
execution of the Worle This schedule, to be submitted within fourteen (14) days after Contract
Award, shall indicate the dates for the starting and completion of the various stages of
construction, shall be revised as required by the conditions of the Work, and shall be subject to
Project Management's approval.
3.10.2 The Contractor shall cooperate with Project Management in scheduling and performing
the Contractor's Work to avoid conflict, delay in-or interference with the Work of other
Contractors or the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 Architect and Project Management will schedule and conduct a project meeting at a
minimum of one meeting per month in each month which the Contractor shall attend. At this
meeting, the parties can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Project Management and Architect and shall be delivered to Project Management
for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by Project
Management is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to Project Management, in accordance
with the schedule and sequence approved by Project Management, Shop Drawings, Product
Data, Samples and similar submittals required by the Contract Documents. The Contractor
shall cooperate with Project Management in the coordination of the Contractor's Shop
Drawings, Product Data, Samples and similar submittals with related documents submitted by
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
other Contractors. Submittals made by the Contractor which are not required by the Contract
Documents may be returned without action.
3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by Project Management and Architect. Such Work shall be in accordance with
approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by Project Management or Architect's approval of Shop Drawings,
Product Data, Samples or similar submittals unless the Contractor has specifically informed
Project Management and Architect in writing of such deviation at the time of submittal and
Project Management and Architect have given written approval to the specific deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples or similar submittals by Project Management's and Architect's approval
thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Project Management and Architect on previous submittals.
3.12.10 Informational submittals upon which Project Management and Architect are not
expected to take responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, Project Management and Architect shall be
entitled to rely upon the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to Project Management for
approval by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, Project Management before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
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EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
alter such construction by other Contractors or by the Owner's own forces except with written
consent of Project Management, Owner and such other contractors: such consent shall not be
unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of Project Management shall also be
required. The Contractor shall not unreasonably withhold from Project Management or any
separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or Project Management.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, Project
Management may do so with the Owner's approval and the cost thereof shall be charged to the
Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Project Management and Architect access to
the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Project Management and
Architect harmless from loss on account thereof, but shall not be responsible for such defense
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents. However, if the Contractor has reason to
believe that the required design, process or product is an infringement of a patent, the
Contractor shall be responsible for such loss unless such information is promptly furnished to
the Architect.
3.18 Indemnification and Hold Harmless
3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Contractor covenants and agrees that he 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
in any tier or other invitees during the term of this AGREEMENT, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors in any tier or other
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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.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
ARTICLE 4
ADMINISTRATION OF THE CONTACT
4.1 Architect
4.1.1 The Architect is the person lawfully licensed to practice architecture or any entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative. Bender & Associates Architects, P.A. is the Architect on
this project.
4.2 Project Management
4.2.1 Project Management is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term "Project
Management" means Monroe County Project Management or Project Management's authorized
representative.
4.3 Duties, responsibilities and limitations of authority of Project Management and Architect
as set forth in the Contract Documents shall not be restricted, modified or extended without
written consent of the Owner, Project Management, Architect and Contractor. Consent shall not
be unreasonably withheld.
4.4 In case of termination of employment of Architect, the Owner shall appoint an Architect
whose status under the Contract Documents shall be that of the former Architect.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Project Management and Architect will provide administration of the Contract as
described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
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time during the correction period described in Paragraph 12.2. Project Management and
Architect will advise and consult with the Owner and will have authority to act on behalf of the
Owner only to the extent provided in the Contract Document, unless otherwise modified by
written instrument in accordance with other provision of the Contract.
4.6.2 Project Management and Architect will determine in general that the Work is being
performed in accordance with the requirements of the Contract Documents, will keep the Owner
informed of the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 Project Management will provide for coordination of the activities of other Contractors
and of the Owner's own forces with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors and Project Management and Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the Construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, Project Management and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, the Architect will not be required
to make exhaustive or continuous onsite inspections to check quality or quantity of the Work.
On the basis of on-site observations as an architect, the Architect will keep the Owner informed
of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies
in the work.
4.6.6 Project Management, except to the extent required by Architect, will not have control
over or charge of and will not be responsible for construction means, method, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility as provided in Paragraph 3.3, and neither
will be responsible for the Contractor's failure to carry out the Work in accordance with the
Contract Documents. Neither Project Management nor the Architect will have control over, or
charge of, or be responsible for acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Project Management, and shall
contemporaneously provide the same communications to the Architect. Communications by
and with the Architect's consultants shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the Contractor. Communications by and
with other Contractors shall be through Project Management and shall be contemporaneously
provided to the Architect.
4.6.8 The Architect will review and certify all Applications for Payment by the Contractor,
including final payment. Project Management will assemble each of the Contractor's
Applications for Payment with similar Applications from other Contractor into a Project
Application for Payment. After reviewing and certifying the amounts due the Contractors, the
Project Application for Payment, along with the applicable Contractors' Applications for
Payment, will be processed by Project Management.
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4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications for
Payment, Project Management will certify the amounts due the Contractors and will issue a
Project Approval for Payment.
4.6.10 The Architect will have authority to reject Work which does not conform to the Contract
Documents, and to require additional inspection or testing, in accordance with Subparagraphs
13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, but will take
such action only after notifying Project Management. Subject to review by the Architect, Project
Management will have the authority to reject Work which does not conform to the Contract
Documents. Whenever Project Management considers it necessary or advisable for
implementation of the intent of the Contract Documents, Project Management will have authority
to require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2
and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing
authority of Project Management will be subject to the provisions of Subparagraphs 4.6.18
through 4.6.20 inclusive, with respect to interpretations and decisions of the Architect.
However, neither the Architect's nor Project Management's authority to act under this
Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or
not to exercise such authority shall give rise to a duty or responsibility of the Architect or Project
Management to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees, or other persons performing any of the Work.
4.6.11 The Architect will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and transmit to Project Management those recommended for approval. The
Architect's actions will be taken with such reasonable promptness as to cause no delay in the
Work of the Contractor or in the activities of other Contractors or the Owner.
4.6.12 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or Project
Management, while allowing sufficient time in the Architect's professional judgment to permit
adequate review. Review of such submittals is not conducted for the purpose of determining
the accuracy and completeness of other details such as dimensions and quantities, or for
substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Contractor as Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall
not constitute approval of safety precautions or, unless otherwise specifically stated by the
Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the
item is a component.
4.6.13 Project Management will prepare Change Orders and Construction Change Directives.
4.6.14 Following consultation with Project Management, the Architect will take appropriate
action on Change Orders or Construction Change Directives in accordance with Article 7 and
will have authority to order minor changes in the Work as provided in Paragraph 7.4.
4.6.16 The Contractor will assist the Architect in conducting inspections to determine the dates
of Substantial completion and final completion, and will receive and forward to the Architect
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Contractor. The Architect will forward to Project Management a final Project Application for
Payment upon compliance with the requirements of the Contract Documents.
4.6.17 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth in
an exhibit to be incorporated in the Contract Documents.
4.6.18 The Architect will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of Project Management, Owner or
Contractor. The Architect's response to such requests will be made with reasonable
promptness and within any time limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect shall be furnished in compliance with
this Paragraph 4.6, then delay shall not be recognized on account of failure by the Architect to
furnish such interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if consistent
with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor, Project Management and Architect shall try to
resolve the claim or dispute with meet and confer sessions to be commenced within 15 days of
the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by
the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
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.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. The Architect will promptly investigate such conditions, and the parties will follow
the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from the Architect, (2) a written
order for a minor change in the Work issued by the Architect, (3) failure of payment by the
Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other
reasonable grounds, Claim shall be filed in accordance with the procedure established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
ARTICLE 5
SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
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representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to Project
Management for review by the Owner, Project Management and Architect the names of persons
or entities (including those who are to furnish materials or equipment fabricated to a special
design) proposed for each principal portion of the Work. Project Management will promptly
reply to the Contractor in writing stating whether or not the Owner, Project Management or
Architect, after due investigation, has reasonable objection to any such proposed person or
entity. Failure of Project Management to reply promptly shall constitute notice of no reasonable
objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Project Management or Architect has made reasonable and timely objection. The Contractor
shall not be required to contract with anyone to whom the Owner, Project Management, or
Architect has made reasonable objection.
5.2.3 If the Owner or Project Management refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner, Project Management or Architect makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 Sy appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner, Project
Management and Architect. Each subcontract agreement shall preserve and protect the rights
of the Owner, Project Management and Architect under the Contract Documents with respect to
the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice
such rights. When appropriate, the Contractor shall require each Subcontractor to enter into
similar agreements with Sub-subcontractors. The Contractor shall make available to each
proposed Subcontractor, copies of the Contract Documents which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may be at variance with the Contract
Documents. Subcontractors shall similarly make copies of applicable portions of such
documents available to their respective proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
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.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
i. If the work has been suspended for more then 30 days, the
Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Project Management. The Owner further reserves the right to award other
contracts in connection with other portions of the Project or other construction or operations on
the site under Conditions of the Contract identical or substantially similar to these including
those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Project Management,
the Owner shall provide for coordination of such forces with the Work of the Contractor who
shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Project Management shall be held harmless for
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, Project Management and other
contractors reasonable opportunity for introduction and storage of their materials and equipment
and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results upon
construction or operations by the Owner's own forces or other contractors, the Contractor shall,
prior to proceeding with that portion of the Work, promptly report to Project Management and
Architect apparent discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner's own forces or other contractors' completed or
partially completed construction is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
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6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other contractors
as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors
have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify Project Management in writing, of his contention: setting forth (A) the cause
for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all
details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Project Management within (72)
hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Project
Management for an increase in the Contract price, nor a claim against the Owner or Project
Management for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Project Management, in consultation
with the Architect, determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Project
Management, Architect and Contractor; a Construction Change Directive require agreement by
the Owner, Project Management and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
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7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by Project Management and signed by
the Owner, Project Management, Architect and Contractor, stating their agreement upon all of
the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Project Management is received, shall promptly
proceed with the Work involved. The cost of such Work shall then be determined by daily force
accounts in a form acceptable to the Owner and Project Management. The daily force account
forms shall identify Contractor and lor Subcontractor personnel by name, total hours for each
man, each piece of equipment and total hours for equipment and all material(s) by type for each
extra Work activity claim. Each daily force account form shall be signed by the designated
Project Management representative no later than the close of business on the day the Work is
performed to verify the items and hours listed. Extended pricing of these forms shall be
submitted to Project Management with all supporting documentation required by Project
Management for inclusion into a change order. Unless otherwise provided in the Contract
Documents, cost shall be limited to the following: cost of materials, including sales tax and cost
of delivery; cost of labor, including social security, old age and unemployment insurance, and
fringe benefits required by agreement or custom; works' or workmen's compensation insurance;
and the rental value of equipment and machinery. Markups for overhead and profit will be in
accordance with subparagraph 7.2.4. Pending final determination of cost, payments on account
shall be made as determined by Project Management. The amount of credit to be allowed by
the Contractor for any deletion or change, which results in a net decrease in the Contract Sum,
will be the amount of the actual net cost to the Owner as confirmed by Project Management.
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When both additions and credits covering related Work or substitutions are involved in anyone
change, the allowance for overhead and profit shall be figured on the basis of the net increase,
if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general home/field office
expenses. The actual cost of Changes in the Work (other than those covered by unit prices set
forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
.2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark-
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(5%);
3. if the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Project Management, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Project Management such as
certified quotations or invoices shall be provided by the Contractor to Project Management at no
additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by Project Management, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give Project
Management written notice thereof within five (5) days after the receipt of such instructions and
before proceeding to execute the work, except in emergencies endangering life or property, in
which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Project Management for the Extra Work shall include a complete
description of the extra Work, the total cost and a detailed cost breakdown by labor, material
and equipment for each additional activity required to be performed. Mark-ups shall be limited
as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
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7.4 Authority
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through Project Management and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
ARTICLE 8
TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Project Management in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Project Management shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor and Architect.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Project Management, or the Architect/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Project Management, or by any other cause which Project
Management determines may justify the delay, then the Contract Time shall be extended by no
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cost Change Order for such reasonable time as Project Management may determine, in
accordance with subparagraph 6.2.7.
8.3.2 Any claim for extension of time shall be made in writing to Project Management not more
than Seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to the
Architect, through Project Management, a schedule of values allocated to various portions of the
Work, prepared in such form and supported by such data to substantiate its accuracy as Project
Management and Architect may require. This schedule, unless objected to by Project
Management or Architect, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to the Architect an itemized Application for Payment for Work completed
in accordance with the schedule of values. Such application shall be notarized and supported
by such data substantiating the Contractor's right to payment as the Owner, Project
Management or Architect may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
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.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the Owner no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which approval for payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 The Architect will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 After the Architect's receipt of the Project Application for Payment, Project Management
and Architect will either approve the Application for Payment, with a copy to the Contractor, for
such amount as Project Management and Architect determine is properly due, or notify the
Contractor in writing of Project Management's and Architect's reasons for withholding approval
in whole or in part as provided in Subparagraph 9.5.1.
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
separately by Project Management and Architect to the Owner, based on their individual
observations at the site and the data comprising the Application for Payment submitted by the
Contractor, that the Work has progressed to the point indicated and that, to the best of Project
Management's and Architect's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion, to results of subsequent tests and inspections, to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
Project Management or Architect. The issuance of a separate Approval for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount approved.
However, the issuance of a separate Approval for Payment will not be a representation that
Project Management or Architect has (1) made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work, (2) reviewed the Contractor's construction means,
methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received
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from Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment or (4) made examination to ascertain how or for
what purpose the Contractor has used money previously paid on account of the Contract Sum.
9.5 Decisions to Withhold Approval
9.5.1 Project Management/Architect may decline to approve an Application for Payment if, in
his opinion, the application is not adequately supported. If the Contractor and Project
Management cannot agree on a revised amount, Project Management shall process the
Application for the amount it deems appropriate. Project Management may also decline to
approve any Application for Payment because of subsequently discovered evidence or
subsequent inspections. It may nullify, in whole or part, any approval previously made to such
extent as may be necessary in its opinion because of: (1) defective Work not remedied; (2)
third party claims filed or reasonable evidence indicating probable filing of such claims; (3)
failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or
equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum; (5) damage to Project Management, the Owner, or another contractor
working at the project; (6) reasonable evidence that the Work will not be completed within the
contract time; (7) persistent failure to carry out the Work in accordance with the Contract
Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Project Management.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
9.6.1 After Project Management and Architect have issued an Approval for Payment, the
Owner shall make payment in the manner and within the time provided in the Contract
Documents, and shall so notify Project Management and Architect. From the total of the
amount determined to be payable on a progress payment, a retainage in accordance with the
Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes will be deducted
and retained by the Owner until the final payment is made. The balance of the amount payable,
less all previous payments, shall be approved for payment.
.1 It is understood and agreed that the Contractor shall not be entitled to demand or
receive progress payment based on quantities of Work in excess of those provided in the
proposal or covered by approved change orders, except when such excess quantities have
been determined by Project Management to be a part of the final quantity for the item of Work in
question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
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9.6.3 Project Management will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Contractor and
action taken thereon by the Owner, Project Management and Architect on account of portions of
the Work done by such Subcontractor.
9.6.4 Neither the Owner, Project Management nor Architect shall have an obligation to pay, or
to see to, the payment of money to a Subcontractor except as may otherwise be required by
law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Project Management to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and Project Management
shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or
corrected. The Contractor shall proceed promptly to complete and correct items on the list.
Failure to include an item on such list does not alter the responsibility of the Contractor to
complete all Work in accordance with the Contract Documents. Upon receipt of the list, Project
Management, will make an inspection to determine whether the Work or designated portion
thereof is substantially complete. If the inspection discloses any item, whether or not included
on the list, which is not in accordance with the requirements of the Contract Documents, the
Contractor shall, before issuance of the Certificate of Substantial Completion, complete or
correct such item upon notification by the Architect. The Contractor shall then submit a request
for another inspection by Project Management, to determine Substantial Completion. When the
Work or designated portion thereof is substantially complete, Project Management will prepare a
Certificate of Substantial Completion, shall establish responsibilities of the Owner and
Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and
shall fix the time within which the Contractor shall finish all items on the list accompanying the
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Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided in
the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their written acceptance of responsibilities assigned
to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by Project Management, the Owner shall make
payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided
in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and Project Management shall jointly
prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of
the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the
progress of the Work shall be determined by written agreement between the Owner and
Contractor or, if no agreement is reached, by decision of Project Management.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Project Management and
Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order
to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to Project Management a
written Notice that the Work is ready for final inspection and acceptance and shall also forward
to Project Management a final Contractor's Application for Payment. Upon receipt, Project
Management will forward the Notice and Application to the Architect who will promptly make
such inspection. When the Architect, based on the recommendation of Project Management,
finds the Work acceptable under the Contract Documents and the Contract fully performed,
Project Management and Architect will promptly issue a final Approval for Payment stating that
to the best of their knowledge, information and belief, and on the basis of their observations and
inspections, the Work has been completed in accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due the Contractor and noted in
said final Approval is due and payable. Project Management's and Architect's final Approval for
Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Architect through Project Management (1) an affidavit that payrolls,
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bills for materials and equipment, and other indebtedness connected with the Work for which
the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is made, is currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner,
other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract.
9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner,
Architect, Project Management that the subcontractors and materialmen have been paid is for
the protection and convenience of the Owner only. Unpaid subcontractors and materialmen
may only seek payment from the Contractor and the surety that provided the Contractor's Public
Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materialmen.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to Project Management for review and coordination
with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Project Management and Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and Contractor if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless.
The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated
biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and
Contractor, or in accordance with final determination by the Architect.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to Project Management in writing. The Owner, Contractor and Project
Management shall then proceed in the same manner described in Subparagraph 10.1.2.
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10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor and Project Management the names and qualifications of persons or
entities who are to perform tests verifying the presence or absence of such material or
substance or who are to perform the task of removal or safe containment of such material or
substance. The Contractor and Project Management will promptly reply to the Owner in writing
stating whether or not any of them has reasonable objection to the persons or entities proposed
by the Owner. If the Contractor or Project Management has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and Project
Management have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of property qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Project Management or Architect or anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault
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or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner, Project
Management and Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in Section 00110 Proposal Form which are made part of this
Agreement. The Contractor will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement
of Work resulting from the failure of the Contractor to provide satisfactory evidence of the
required insurance shall not extend deadlines specified in this Agreement and any penalties and
failure to perform assessments shall be imposed as if the Work commenced on the specified
date and time, except for the Contractor's failure to provide satisfactory evidence of insurance.
11.1.3 The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with this
provision may result in the immediate suspension of all Work until the required insurance has
been reinstated or replaced. Delays in the completion of Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement and any penalties and failure to perform assessments shall be imposed as if the
Work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11.1.4 The Contractor shall provide, to the County in care of Project Management as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
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11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County-owned property.
11.1.10 Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"
and approved by the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance
11.2.1 The Owner shall require the contractor to furnish Builder's Risk insurance in an amount
equal to the contract cost.
11.3 Public Construction Bond
11.3.1 Not a requirement of this Contract.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to Project Management's or Architect's
request or to requirements specifically expressed in the Contract Documents, it must, if required
in writing by either Project Management or Architect, be uncovered for their observation and be
replaced at the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which Project Management or Architect has
not specifically requested to observe prior to its being covered, Project Management or Architect
may request to see such Work and it shall be uncovered by the Contractor, if such Work is in
accordance with the Contract Documents, costs of uncovering and replacement shall, by
appropriate Change Order, be charged to the Owner, if such Work is not in accordance with the
Contract Documents, the Contractor shall pay such costs unless the condition was caused by
the Owner or one of the other Contractors in which event the Owner shall be responsible for
payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by Project Management or Architect
or failing to conform to the requirements of the Contract Documents, whether observed before
or after Substantial Completion and whether or not fabricated, installed or completed. The
Contractor shall bear costs of correcting such rejected Work, including additional testing and
7/28/2010 General Conditions of the Contract for Construction 30
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
inspections and compensation for Project Management's and Architect's services and expenses
made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from the
Architect issued through Project Management, the Owner may remove it and store the salvable
materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such
removal and storage within ten days after written notice, the Owner may upon ten additional
days' written notice sell such materials and equipment at auction or at private sale and shall
account for the proceeds thereof, after deducting costs and damages that should have been
borne by the Contractor, including compensation for Project Management's and Architect's
services and expenses made necessary thereby. If such proceeds of sale do not cover costs
which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency.
If payments then or thereafter due the Contractor are not sufficient to cover such amount, the
Contractor shall pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
7/28/2010
General Conditions of the Contract for Construction
31
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
13.2 Successors and Assigns
13.2.1 The Owner or Project Management (as the case may be) and the Contractor each binds
himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Project Management.
13.3 Written Notice
13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor:
Pedro Falcon Electrical Contractors. Inc.
31160 Avenue C
Bio Pine Key. FL 33043
For Owner: Director of Proiect Manaoement
1100 Simonton St.. Room 2-216
Key West. Florida
33040
County Administrator
1100 Simonton St.
Key West Florida
33040
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Project Management, Architect or Contractor
shall constitute a waiver of a right or duty afforded them under the contract, nor shall such
7/28/2010 General Conditions of the Contract for Construction 32
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give Project
Management and Architect timely notice of when and where tests and inspections are to be
made so Project Management and Architect may observe such procedures. The Owner shall
bear costs of test, inspections or approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If Project Management, Architect, Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection or approval not
included under Subparagraph 13.5.1, Project Management and Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional
testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall
give timely notice to Project Management and Architect of when and where tests and
inspections are to be made so Project Management and Architect may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for Project Management's and
Architect's services and expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to Project
Management for transmittal to the Architect.
13.5.5 If Project Management or Architect is to observe tests, inspections or approvals required
by the Contract Documents, Project Management or Architect will do so promptly and, where
practicable, at the normal place of testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
7/28/2010
General Conditions of the Contract for Construction
33
EAST MARTELLO BATHROOM RENOVATIONS-KEY WEST
,.
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
.or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
14.1.2 When any of the above reasons exist, the Owner, after consultation with Project
Management, and upon certification by the Architect that sufficient cause exists to justify such
action, may without prejudice to any other rights or remedies of the Owner and after giving the
Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of
the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
END OF SECTION 00750
7/28/2010
General Conditions of the Contract for Construction
34
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
08/18/2010
Division: County Administrator
Bulk Item: Yes l
No
Department: Social Services
Staff Contact Person: Sheryl Graham x4592
AGENDA ITEM WORDING: Approval of Modification #001 for the Low Income Home Energy
Assistance Program Federally Funded Sub grant Agreement Number 10EA-8F-II-54-01-019 between
Monroe County Board of County Commissioners (Community Services/Social Services) and the State
of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low
income clients.
ITEM BACKGROUND: Approval of Modification #001 for the LlliEAP contract #10EA-8F-II-54-
01-019 will increase the current contract allocation from the original allocation of $334,606.00 to
$503,504.00. The increase is a base increase of$168,898.00.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Low Income Home
Energy Assistance Program Contract Number 10EA-8F-II-54-01-019 on 2/17/10, item# C13.
CONTRACT/AGREEMENT CHANGES: Increase in funding in the amount of$168,898.00.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $503,504.00
BUDGETED: Yes --1L No
COST TO COUNTY: $0 (no match required)
SOURCE OF FUNDS: Grant funds
REVENUE PRODUCING: Yes N/A No
AMOUNT PER: MONTH:
YEAR:
APPROVED BY: County Atty.
~/bMB/PurchaSing _ Risk Management __
DOCUMENTATION:
Included
x
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: LIHEAP (DCA) Contract: #10EA- 8F-11-54-01-019
Effective Date: 3-01-2010
Expiration Date: 3-31-11
Contract PurposelDescription: Approval of the Low Income Home Energy Assistance Program Federally funded
Subgrant Agreement Number 10EA-8F-11-54-01-019 between Monroe County Board of County Commissioners
and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low
income Monroe County residents.
Contract Manager:
Sheryl Graham
(Name)
For BOCC meeting on
8/18/2010
4592
(Ext. )
Social Services/Stop 1
(Department/Stop #)
Agenda Deadline:
8/2/2010
CONTRACT COSTS
Total Dollar Value of Contract: approx. $503,504.00
Budgeted? Yes X No
Account Codes:
County Match: -0-
Additional Match:
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar value above)
/yr
Current Year Portion:
$_503,504.00
125 6153510
--
ADDITIONAL COSTS
For:
(e.g. Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Changes
Division Director
Yes
Yes
Risk Mana~,ment
O.M.B.Jpu}lh~t'g
Yes
No
Yes
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
MOD # 00 l
MODIFICA TION OF AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND
This Modification is made and entered into by and between the State of Florida,
Department of Community Affairs, ("Department"), and Monroe Countv Board of
County Commissioners, the CfRecipient") to modify DCA Contract Number 10EA-8F-
11-54-01-019 ("Agreement").
WHEREAS, the Department and the Recipient have entered into the Agreement,
pursuant to which the Department has provided a grant to the Recipient under the Low-
Income Home Energy Assistance Program (LIHEAP) of $334,606 and
WHEREAS, the Department and the Recipient desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties
contained herein, the parties agree as follows:
1. Paragraph (17)(a) Funding/Consideration is hereby modified to read as
follows:
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be
reimbursed for costs incurred in the satisfactory performance of work
hereunder in an amount not to exceed $503,504, subject to the availability of
funds and appropriate budget authority.
The revised contract amount includes:
A. $334,606
B. +$168,898
C. $503,504
Current FY 2010-2011 LIHEAP contract allocation
Base Increase (July 2010)
Modified LIHEAP Allocation
2. Attachment I, Recipient Information, is hereby deleted in its entirety and
replaced with Amended Attachment I, if applicable.
3. Attachment J, Budget Summary and Workplan, is hereby deleted in its
entirety and replaced with Amended Attachment J.
4. Attachment K, Budget Detail, is hereby deleted in its entirety and replaced
with Amended Attachment K.
5. Attachment L, Multi-County Fund Distribution, is hereby deleted in its
entirety and replaced with Amended Attachment L, if applicable.
6. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with this
Modification, effective as of the date of the last execution of this Modification by
both parties.
7. 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 WHEREOF, the parties hereto have executed this document as of the dates
set out herein.
RECIPIENT STATE OF FLORIDA
/l t fw.d of &iJ.ftN (I , DEPARTMENT OF COMMUNITY AFFAIRS
(Y)OnfOe colJil Y " r u,ml~'I()net>
BY: BY~
S\j Iv;a. rAUi}?~~ fY\rL~oL
(Type Name ana Ti IJ)
Michael Richardson, Assistant Secretary and
Acting Division Director,
Housing and Community Development
Date
Date:
Sq - ro0007t~
Federal Identification Number
LOW-INCOME HOME ENERAGY ASSISTANCE PROGRAM (L1HEAP)
AMENDED ATTACHMENT I - RECIPIENT INFORMATION
FEDERAL YEAR:
2010
CONTRACT PERIOD:
REVISION(S)
FOR DCA USE ONLY:
RECEIVED
Date of Signing through March 31,2011
Instructions: Complete the blanks highlighted in yellow. For item II, put an "X" in whichever highlighted box applies to your agency.
I. DCA CONTRACT NUMBER:
TOTAL DIRECT CLIENT ASSISTANCE:
II. RECIPIENT CATEGORY:
{ }
Non-Profit
III. COUNTY(IES) TO BE SERVED WITH THESE FUNDS:
9 CONTRACT AMOUNT:
LEVERAGE AMOUNT (if applicable):
{ X}
Local Government
{ } State Agency
IV. GENERAL ADMINISTRATIVE INFORMATION
a. Recipient:
Monroe COlJnty Board of County Commissioners_
Sheryl Grapam
b. Executive Director or Chief Administrator:
County Location:
FtoridQ
c.
Address:
Telephone:
Cell:
d.
Mailing Address: 1100 Simonton Street Suite 2-257
City:
Fax:
Email:
City:
Key West
, FL Zipcode:
33040
e. Chief Elected Official (for local governments) or President/Chairman of the Board (for corporations):
Name: Sylvia Murphy Title: Mayor
Enter home or business address, telephone numbers and email other than the Recipient's
Address: City:, FL Zipcode:
Telephone:
Fax:
f. Official to Receive State Warrant:
Name:
Address:
g. Recipient Contacts
1. Prooram: Name:
Address:
Telephone:
Cell:
2. Fiscal:
Name:
Address:
Telephone: Fax:
Cell:
Email:
Title:
City:
Clerk of the Court
, FL Zipcode:
Key West.
33040
Title:
City:
Fax:
Title:
City:
h. Person(s) authorized to sign reports: Sheryl Grohol11' Kim Wilkes Wean
i. Agency's FEID Number: 59-6000749
V. AUDIT DUE DATE: Audit(s) are due by the end of the Ninth month following the end of theaqency's fiscal year.
Recipient Fiscal Year: October 1st thru _September 30th Audit Due to DCA:
41
#VALUE!
LlHEAP
AMENDED ATTACHMENT J
BUDGET SUMMARY and WORKPlAN
Recipient:
Monroe County Board of County Commissioners
Contract:
10EA.8F.11.54..Q1.019
BUDGET SUMMARY
A.
B.
D.
E.
TOTAL
Modified
Budget
B+C+D
503,504.00
L1HEAP FUNDS ONLY
Last Approved
Budget
Amount
334,606.00
Increase
in Base
Allocation
168,898.00
TOTAL FUNDS
ADMIN/STRA TIVE EXPENSES (Cefl2E cannot ex~eed 8.5% of CelliE)
2
Salaries incl Fringe, Rent, Utilities, Travel, Other
42,797.00
OUTREACH EXPENSES (CeIl3E cannot ex~eed CelliE mlnus Cell2E times .1S)
61,523.00
170,750.00
5
Crisis Assistance
Weather Related / Supply Shortage / Disaster
(Cell 6E must be at least 2% of Cell 1 E)
Subtotal Direct Client Assistance
Line 4 + Line 5 + Line 6
128,546.00
6,693.00
82,077.00
6
11,118.00
210,623.00
17,811.00
II. D/RECT CLIENT ASSISTANCE WORKPLAN
Last Approved Number of Amended Estimat
Households Estimated Cost Pe Amended Estimated
Type of Assistance Estimated Number REPORTED as of Number of Household Expenditures'
of Households 6130/10 Households
Home Energy 500 87 683 250.00 170,750.00
Crisis Assistance 367 74 747 281.97 210,631.59
Weather RelataedlSupply 25 0 84 212.03 17,810.52
Shorta e/D1saster
TOTAL 892 181 1,514 744.00 399,192.11
, Amended Estimated Exoendiluras eouals the Amended Estimated Number of Households limes the Estimated Cost
per Household. The amount must agree with the corresponding line in Column E above.
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (L1HEAP)
AMENDED ATTACHMENT K --- EXPENDITURE DETAIL
Recipient:
Monroe County Board of County Commissioners
Contract:
10EA-8F-11-54-01.Q19
Instructions:
On the form below, enter the detail of the figures listed on the Budget Summary. If more space is needed, copy this form
to another tab and name the new tabs "Budget Detail 1", "Budget Detail 2", etc.
III. ADMINISTRATIVE AND OUTREACH EXPENSE (lines 2 & 3) BUDGET DETAIL
Line Expenditure Detail L1HEAP
Item FUNDS
No (Round UP line items to dollars. Do not use cents and decimals in totals.)
2 Administrative Expenses: 42,797.00
Salary: Director 15,575.00
15% Liheap,10% CCE, 7% MCT, 4% C1, 4% C2, 10% General Fund, WAP 40%, AD110%
(fully loaded with fringe) = $15575.00
Salary: Grant Coordinator 17,520.00
30% Liheap, 35% CCE, 3% ADI, 5% CCDA, 2% MCT, 5% C1, 5% C2, 14% General Fund,2% IIIB, 2% IIIE:
(fully loaded with fringe) = $17520.00
Travel (Estimated local mileage: 1,500miles x 44.5/mile = $667.50) 667.50
Other:
1. Phone/Postage $1534.50
2. Rental/Copy $2000.00
3. Maintenance Agreement $2500.00
4. Printing and Binding $1000.00
5. Office Supplies $1000.00
6. Operating Supplies $1000.00 9,034.50
3 Outreach Expenses: 61,523.00
Salary: Case Manager 26,989.00
50% L1HEAP (Outreachllntake/Eligibility)
1040 hrs x $18.26/hr (fully loaded w/fringe) = $26989.00
Salary: Part Time Temp Eligibility Specialist 34,534.00
100% L1HEAP (Outreachllntake/Eligibility)
1040 hrs x $16.60/hr (no benefits) = $34534.00
4 Home Energy Assistance 170,750
5 Crisis Assistance 210,623
6 Weather Related/Supply Shortage 17,811
7 TOTAL DIRECT CLIENT ASSISTANCE 399,184.00
11 GRANT TOTAL (LINES 2+3+7) 503,504.00
43
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (L1HEAP)
AMENDED ATTACHMENT L --- MULTI-COUNTY FUND DISTRIBUTION
Agency: Monroe County Board of County Commissioners
Contract:
10EA-8F-11-54-01-019
in the form below, describe how you plan to equitably allocate L1HEAP resources to each of the counties you serve. This
plan must be in part based on the 150% poverty population of each county. Provide reasoning and numeric justification
plan.
instructions: Enter appropriate data only in the cells below that are highlighted in yellow. Percentages will automatically
populate when the total direct client assistance amount and all three columns for each county are filled in.
TOTAL DIRECT % OF AGENCY'S
CLIENT ASSISTANCE DIRECT CLIENT
COUNTY 150% POVERTY $399,184.00 ASSISTANCE
POPULATION*' DOLLARS
COUNTY ALLOCATED TO
ALLOCATION THIS COUNTY
Monroe County only 399,184 ~Q(11AAM 100.0%
.,
. .
Total Budgeted Direct 399,184 399,184.00 100.0%
Client Assistance";!
*1
*2
If population data other than the 2000 U. S. Census is used, note and explain below.
Allocation must be equal to Attachment J, budget Summary and Workplan, Line 7.
Explain the basis for distribution/calculation used to determine allocation.
44
1
LlHEAP FY 2010-2011
Contract Number: 10EA-8F-11-54-01-019
CFDA NUMBER: 93568
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
Board of County Commissioners, (hereinafter referred to as the 'Recipient"),
neadquarters In Tallahassee, Florida (hereinafter referred to as the 'Department"), and Monroe Count~
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
provide the services identified herein: and
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
B, The Department has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions below; and
C, The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the fol/owing:
(1) SCOPE OF WORK
Attachment A. and Budget, Attachment J of this Agreement.
The Recipient shall perform the work in accordance with the Scope of Work,
(2) INCORPORATION OF lAWS, RULES, REGULATIONS AND POLICIES
laws, rules and regulations, including those identified in Attachment S,
The Recipient and the Department shall be governed by applicable State and Federal
(3) PERIOD OF AGREEMENT
Paragraph (12) of this Agreement.
is earlier, and shall end March 31, 2011, unless terminated earlier in accordance with the provisions of
This Agreement shall begin upon execution by both parties or March 1, 2010, whichever
(4) MODIFICATION OF CONTRACT
tre orgiral of this Agreef"'1ent.
Nh,ch are agreed upon shall be valid only 'Nhen In writing, signed by each of the parties and attached to
Either party may request modification of the prOVIsions of thiS Agreement Changes
5, RECORDKEEPING
a As applicable ReCipient's cerformance under trs Agreerrent shail be subiect to the
&eceralCorrrron Rule Uniform Administrative Requ,rements for State and Local Governrrents 53
,
Federal Register 8034) or OMS Circular No. A-11 0, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-8?, "Cost
Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
.s made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
Subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall aI/ow the
Department or its designee, the State Chief Financial Officer or the State Auditor General access to the
records upon request. The Recipient shall ensure that audit working papers are available to them upon
request for a period of five years from the date the audit report is issued, unless extended in writing by
the Department. The five year period may be extended for the fol/owing exceptions:
1. If any litigation, claim or audit is started before the five year periOd expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000
or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for al/ subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of
Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including al/ subcontractors or consultants to
be paid from funds provided under thiS Agreement, shall allow access to its records at reasonable times
:0 :he Department, its employees, and agents. "Reasonable" shall ordinanly ;T1ean dunng normal
ousiness hours of 800 a.m. to 500 p.m,ocal time, on i\'forday through Friday. "A.gents" shall nclude.
out rot be iimted to, auditors retaired by :he Department
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily
.11ean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133. as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Department by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends jess than $500,000 in Federal awards in its fiscal year and chooses to
'lave an audit conducted in accordance ",;th the provisions of OMB Circular A-133, as revised, tre cost of
:~e audit l1ust be ;Jaid from non-Federal funds.
Send cop.es of re;Jorting ;Jackages for audits conducted In accordance With crv18
C'cuar A.' 33 as'8vsed. and reCUired oy suoparagrapr (d) abo',e,.vren requred by Section 320
:; is C rCi~,ar A-'
as rev sed.
or on iJeraf of t,"'e Rec pent to
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and
any management letter issued by the auditor, to the Department at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fI.us]
ard
+
Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Department for audits done in accordance
with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Department of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Department has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Department no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Department with quarterly reports and a close-out
report. These reports shall include the current status and progress by the Recipient and all subrecipients
and subcontractors in completing the work described in the Scope of Work and the expenditure of funds
:...nder this Agreement, in addition to any other information requested by the Department.
(b) Quarterly reports are dLe to the Department no iater than 21 days after the end of
each quarter of the program year and shail be sent each quarter wnW submssion of the adminstrahe
close-out report. T';e ending dates for each qLarter of the program year are ~.1arch 31, Jure 30
3eptemoer 30 and Oecemoer 31
:'
(c) The close-out report is due 45 days after termination of this Agreement or 45 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If al/ required reports and copies are not sent to the Department or are not completed
in a manner acceptable to the Department, the Department may withhold further payments until they are
completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the
Department" means that the work product was completed in accordance with the Budget and Scope of
Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Department.
(f) The Recipient shall provide additional reports and information identified in
Attachment C.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
the Scope of Work and other performance goals are being achieved.
In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department. In the event that the Department
determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with
any additional instructions provided by the Department to the Recipient regarding such audit. The
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the
Department will monitor the performance and financial management by the Recipient throughout the
contract term to ensure timely completion of all tasks.
(9) liABILITY
(a) Un'ess ReCipient Is a State agency or Subdivision. as defined in Section 76828. Fa.
Stat, tf-e F~ecpierts soely 'esponsrbie to parties it deals withn carryrng Out the terms of this
Agreerrent. ard si'1ail f-oid t"e Departrrent harmless against all claims of ,v rat ever "'ature by thrd par:es
frorr U"':e l',OfK
under ers Agreement For .JurJoses of t.hs Agreement. Recip ent
19rees :rat t s"or an
ee or
Of ~t"'e Oepar~:Tent, :JGt ;5 anrcecendert cor-tractor
!)
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to
seNe as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make further payment of funds shall, if the Department elects, terminate and the
Department has the option to exercise any of its remedies set forth in Paragraph (11). However, the
Department may make payments or partial payments after any Events of Default without waiving the right
to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Department is or becomes false or misleading in any respect, or if the
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Department and has not cured them in timely fashion, or is unable or
unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES
If an E'/ent of Default occurs, then the Department may, upon thirty caiendar days written
~otce to the Recipent and upon the Recioient's failure to cure Nithin those
cr Tore of tre foi/owing remedies, either concurrently or consecutiveiy:
days. exercse anyone
Termnate trs Agreement, provded trat tre
s
at east tr daiS
.'I,-ten-OLce of sucr term ration ""'-e 'oUce srail Je erective ."nen J'acec n 'he Ui- 'ed S,.3tes.
first class mail. postage prepaid. by registered or certified mail-return receipt requested. to the address
set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of al/ or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible
purposes under the laws. rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Department waives any right or
remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend
or waive any other right or remedy of the Department, or affect the later exercise of the same right or
remedy by the Department for any other default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days wf'tten
notice. Cause can include misuse of funds, fraud, Jack of compliance with applicable rules. ,aws and
cegulations, failure to perform in a timeiy manner, and refusal by the Recipient to permit ,oublic access to
any document. paoer,etter or otrer materal subject to d sclosGre under Ct'apter 1<g, F'a. Stat. as
amended.
::Jl Department may 'ermTate trs Agreement for con',enenee or .'irent
'eter~ res. n ts soe dscreton. t~at
t~e
!vOLid ~ot /Yocuce carefea: 'eSLits n
:';
line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written
notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment shall state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Department because of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Department from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Paula Lemmo, Community Program Manager
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 488-7541
Fax: (850) 588-2488
Email: paula.lemmoav.dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement Is stated in Attachment r, Recipient Information. Section III (b) of this
Agreement.
In tiie event that dfferent representatl'/es or addresses are deSignated by ether
Darty after executon of this Agreement, notice of the narre, U!e and address of the rew cepresentati'.e
oe orov'ded as s'ated (13 a abo',e.
\)
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of
tre unsigned subcontract must be fOl\.varded to the Department for review and approval before it is
executed by the Recipient. The Recipient agrees to include in tre subcontract that (i) the subcontractor
5 bound by the terms of this Agreement, (ii) the subcontractor is bound by al/ applicable state and federal
'aws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless
against al/ claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent aI/owed and required by law, The Recipient shall document in the quarterly
report the subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department
as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 . Funding Sources
Attachment A - Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Reports
Attachment D - Property Management and Procurement
Attachment E - Statement of Assurances
Attachment F - Special Conditions
A,ttaehment G - 'Narranties and Representations
~ttachment H - Certification Regarding Debarment
:..ttacnment I - Rec:pent Inforrration
~ttaCi'lment J - Budge! Sumr:'ary and '/orK:J!an
K - Buege! De'8i!
! I)
\1onroe County Board of County Commissioners
Attachment L - Multi-County Fund Distribution
Attachment M - Justification of Advance Payment
(17) FUNDING/CONSIDERATION
a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed 5334,606,
subject to the availability of funds and appropriate budget authonty. The Recipient is authorized to incur
costs in an amount not to exceed 5147.227 until further notification is received by the Department. As
funds and budget authority are available, changes to the costs the Recipient may incur will be
accomplished by notice form the Department to the Recipient, in the form of certified mail, return receipt
requested, to the Recipient's contact person identified in Attachment I, Recipient Information. The terms
of the Agreement shall be considered to have been modified to allow the Recipient to incur additional
costs upon the Recipient's receipt of the written notice from the Department.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla,Stat.. and is contingent upon the Recipient's acceptance of the rights of the Department under
Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of the contract term. For a
federally funded contract, any advance payment is also subject to federal OMS Circulars A-8?, A-110,
A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below,
the budget data on which the request is based and a justification statement shall be included in this
Agreement as Attachment M, Attachment M will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A and
Budget Detail, Attachment K, of thiS Agreement.
If the necessary funds are not available to fund thiS Agreement as a result of action by the United
States Congress the federal Office of Management and Budgeting, the State Chief Fu:ancial Officer or
..,:der subparagraph
h) of thiS Agreement all obligations on the part of the Department to make any
turther cayment of 'unds shall terminate. and tre ReCipient shall submit ,ts closeout report ii/thin
jajS of 'ecelving nctice from tre Department
J I
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of 'Department of Community Affairs" and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215,34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15,00) or Five Percent
(5%) of the face amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Department request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Department and with thirty days written notice to the Recipient, cause the termination of this Agreement
and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule. or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any
other provision of this Agreement.
(c) Any ;Jower of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the term of this Agreement.
(d) Ths Agreement may be executed In any number of counterparts, anyone Of.YhCh
"""1ay :;e 'aker as an orginaL
n"e~eopert agrees to
-Ylth the Americans \)J U'1 Dsabi'ites Act P'-lb'c La'N
336, ..2 use Secton '2',)1
',vr,cn :);!)nbits j,scnn-'i'~a!,On
JG81,C and or,', ate er~.'es
12
on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) A person or organization who has been placed on the convicted vendor Ust following
a conviction for a public entity crime or on the discriminatory vendor list may not submit a aid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business with any
public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and
belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(9)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or 'ocal) terminated for cause or default.
f the Recioients unable to certify to any of the statements ,n thiS certification, then tle
:=~ecipent shalt attach an exofanat:on to thiS Agreerrent.
In addition, the Recipient shall send to the Department (by email or by facsimile
transmission) the completed i'Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to
, ,
i-'
fund under this Agreement. Such form must be received by the Department before the Recipient
enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received
under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality
Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
:Juolicly noticed. open to the public, and the minutes of ail the meetings srail :Je public records. availabie
'0 the publIC In accordance With Crapter 119. Fla. Stat.
All unmanufactved and manufactured artc/es. rratenals and sLpolles '.vhICh are
3cqu.red 'or oubl.c use under tr,s Agreement rrust ,'1ave been orOdLcedn t"'e Unted States as
....cer ~ 1 use 'Oa u"'esst SCuid '~otJe .n t,he
1'terest or ,.,il'easoraoe ';05t
1.+
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement
may be used directly or Indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(b) The Recipient certifies, by Its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipientsshall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
15
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
la) if the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
'ghts and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Department for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intel/ectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intel/ectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
: ()
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
iN WITNESS WHEREOF. the parties hereto have executed this Agreement.
RECIPIENT:
STATE OF FLORIDA:
DEPARTMENT OF COMMUNITY AFFAIRS
Date:
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.1-9. b () 0 0 l'i '1
(Federal Identification Number)
Janic Br ning, Director
Divi ion f Housing and Com
e/opment
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(Ty'pe Legal Name 0 Recigj~nt).J7
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Date:
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT
VO TE If the resources awarded to the Recipient are from more than one Federal program. provide the same
dJformatlon shown below for each Federal program and show total Federal resources awarded.
Federal Proqram
Federal Agency: U.S. Department of Health and Human Services
Catalog of Federal Domestic Assistance title and Number: 93568
Grantee: Monroe County Board of County Commissioners
Award Amt:
$334.606
THE FOllOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT:
NO TE: If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Proaram:
List applicable compliance requirements as follows:
1. First applicable compliance requirement (e.g., eligible activities, services or commodities):
The Recipient will use the lIHEAP funds to provide energy payment assistance to low income consumers.
These funds will be expended in accordance with the Scope of Work, Attachment A, Program Statutes and
Regulations, Attachment B, Budget Summary and Workplan, Attachment J, and applicable OMB Circulars.
2. Second applicable compliance requirement (e.g. eligibility requirements for recipients of the federal resources):
The Recipient will comply with applicable OMB Circulars and eligibility requirements as set forth in U.S.
Department of Health and Human Services regulations codified in:
Title 45 of the Code of Federal Regulations, Part 96 - Block Grants, and
Title 31 of the Code of Federal Regulations, Part 205 - Cash Management Improvement Act of 1990.
3. Etc.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may
elect to use language that requires the Recipient to comply with the requirements of applicable provisions of
specific laws, rules, regulations, etc., For example, for Federal Program 1, the language may state that the
Recipient must comply with specific laws, rules, or regulations that perlain to how the awarded resources
must be used or how eligibility determinations are to be made. The state awarding agency, if practical, may
want to attach a copy of the specific law, rule, or regulation referred to.
\lOTE: Section .-WO(d) ofO\1B Circular A-133, as revised. and Section 215.97(5)(a). Florida Statutes. require that
the information about Federal Programs and State Projects included in Exhibit I be provided to the Recipient.
l~
LIHEAP
Attachment A
Budget and Scope of Work
The Recipient shall, or will ensure through subcontracts that subcontractors shall, utilize the funds
provided under this Agreement to:
1. Conduct outreach activities designed to ensure that eligible households, especially
households with elderly or disabled individuals, young children and those with the highest
percentage of their income required to pay for their home energy are made aware of the
assistance available under this Agreement.
2. The Recipient shall enter into a Memorandum of Understanding (MOU) with all Weatherization
Assistance Programs (WAP) in their service area. The Memorandum of Understanding shall detail
cooperative efforts and shall describe the actions that will be taken by both parties to assure the
coordination, partnership and referrals. The Recipient in coordination with the local WAP agency
shall develop a system by which L1HEAP recipients who have received more than three L1HEAP
benefits in the last 18 months and who are homeowners, are referred to the WAP provider.
3. Make home visits to home-bound clients, especially the elderly or disabled, for completion of
the program application or eligibility determination when other assistance is not adequate.
4. Make LlHEAP home energy assistance payments based on a state-provided payment matrix
and worksheet. The payment amount is based on the household's income level as compared to
the national poverty guidelines. This takes into account both gross income and family size. The
lower the income, the higher the benefit level.
5. Make vendor payments directly to fuel providers or recipients on behalf of eligible clients, or
in instances where vendor agreements cannot be negotiated, make payments directly to clients in
the form of a two party check.
6. Determine the correct amount of each crisis benefit based on the minimum necessary to resolve
the crisis, but rot more than the maximum per household and maximum per Item limits set by the
Department.
19
L1HEAP
ATTACHMENT A
SCOPE OF WORK
7. Establish a Memoranda of Understanding (MOU) with service area Emergency Home Energy
Assistance for the Elderly Program (EHEAP) providers. The Agreement will ensure
coordination of services, avoid duplication of assistance, and increase the quality of services
provided to elderly participants.
8. Check LlHEAP records and Emergency Home Energy Assistance for the Elderly Program
(EHEAP) records (for households with elderly members) to avoid duplicate crisis assistance
payments during the same heating or cooling season.
9. When the applicant is not in a life threatening situation, take actions that will resolve the
emergency within 48 hours of the application approval for a crisis benefit.
10. When the applicant is in a life threatening situation, take actions that will resolve the emergency
situation within 18 hours of the application approval for a crisis benefit.
11. Make home energy payments within 30 days of the date the application is approved.
12. The Recipient will, within 15 working days of receiving the client's application, furnish in
writing, to all applicants a Notice of Approval which includes the type and amount of assistance
to be paid on their behalf or a Notice of Denial which includes appeal information.
13. Maintain a separate client file for each L/HEAP client that includes at least the following
information:
A. Client's name, address, sex, age;
B. Names and ages and identification documentation of all household members;
C. Income amount and method of verification for all household members;
D. Income Documentation to support eligibility;
E. Statement of self-declaration of income if applicable;
F. If the total household income is less than 50% of the current Federal Poverty
Guidelines and no one in tre household is receiving fOOd stamps, include a signed
statement of how baSiC vlng exoenses i.e., 'ood. shelter and transportation are
oemg orovCed.
.20
LIHEAP
ATTACHMENT A
SCOPE OF WORK
G. Date client was interviewed;
H. Services provided;
I. Copies of approval or denial letters provided to the client;
J. If preference is given due to a disability, documentation of such, disability income or
physician's statement;
K. Documentation of client's obligation to pay an energy bill,
L. All L1HEAP assistance applications must be signed by the client and by the Recipient's
representative and supervisory/edit staff.
14. Recipients are required to have written applicant appeal procedures. Any applicant denied
L1HEAP services must be provided a written notice of the denial which includes the appeal
process and the reason(s) for the denial. At a minimum, the written Notice of Denial and Appeals
shall contain the reason for the denial, under what circumstances the client may reapply, what
information or documentation is needed for the person to reapply, the name and address to whom
the re-application or appeal should be sent, and the phone number of the Recipient. Appeal
provisions must also be posted in a prominent place within the office where it is on view for all
applicants.
15. The Recipient will make payments to those applicants with the "highest home energy needs
and lowest household income," which will be determined by taking into account both the energy
burden and the unique situation of such households that results from having members of
vulnerable populations, including very young children, the disabled, and frail older individuals.
16. Recipients serving multi-county areas must provide the Department with a description of how
direct clent aSSistance funds will be allocated among the counties. The allocation methodology
must be based at least In part on the 150% of poverty population 'lilthin each of the countes
sen/ed P's In;ormation must be "eportedn j,l.ttachment l to ths Agreement.
21
L1HEAP
ATTACHMENT A
SCOPE OF WORK
17. When L1HEAP funds are not available or are insufficient to meet the emergency home energy
needs of an applicant, the Recipient will assist the applicant to secure help through other
community resources.
18. The Recipient shall agree to treat owners and renters equitably under the Agreement.
19. The Recipient shall be responsible for entering into written agreements with home
energy suppliers which include all of the following requirements:
A. Provisions to assure that no household receiving assistance will be treated adversely
because of such assistance under applicable provisions of state law or public regulatory
requirements.
B. Any home energy supplier receiving direct payments agrees not to discriminate, either
in the cost of goods supplied or the services provided, against the eligible household on
whose behalf payments are made.
C. Only energy related elements of a utility bill are to be paid. In no instance may water or
sewage charges be paid except if required by the vendor under the crisis category to
meet the requirement of resolving the crisis. Vendors must be made aware that those
charges are the responsibility of the client.
D. The Recipient or subcontractor shall make vendors aware that when the benefit
amount to the client does not pay for the complete charges owed by a client, that the
client is responsible for the remaining amount owed.
20. The Recipient will be responsible for determining the eligibility of the clients applying for
the L1HEAP program. Client eligibility is based on the following factors:
A. The Recipient may only assist households who are or were residing in their
L1HEAP service area at the time the home energy costs were incurred.
B The client must complete an application and return al/ required information and
'/enfication to the Recipient or subcontractor while funds remain available.
v'\
L1HEAP
A TT ACHMENT A
SCOPE OF WORK
C. The client must provide a fuel bill for home energy or provide other documentation
verifying an obligation to pay for home energy costs.
D. The client must have a total gross household income of not more than 150% of
the current OMS federal poverty level for their household's size.
E. Applicants receiving Supplemental Security Income (551) or Food Stamps
automatically qualify for L1HEAP; however, the benefit levels are the same as
other qualified applicants. The income eligibility for CSSG and WAP has
increased to 200 percent of poverty. Applicants may be eligible for CSSG or
WAP but may be over income thus not eligible for L1HEAP.
F. To receive crisis assistance, the applicant must have a verifiable home energy crisis.
G. If the applicant lives in government subsidized housing, the Recipient must determine if
a/l or part of their utility costs are paid directly or indirectly by the government and take
the following actions:
(1) The applicant is not eligible for assistance if their home heating and cooling costs are
totally included in their rent and they have no obligation to pay any portion of the
costs.
(2) For Crisis Assistance Onl~{: If the applicant receives an energy subsidy through
Section 8 or a Public Housing Authority, then the agency must subtract the amount of
the subsidy available to the applicant during the period covered by the utility bill from
the allowable L1HEAP crisis benefit calculated for the household.
(3) The applicant is eligible for non-crisis, home energy assistance with no deductions at
the same level as other applicants.
21. The client must not reside in a group living facility or a home where the cost of residency
is at least partially paid through any foster care or residential program administered by
the state.
22. The client must not be a student living in a dormitory.
,"'
-~,
LIHEAP
ATTACHMENT A
SCOPE OF WORK
23. OTHER SPECIAL REQUIREMENTS
A The Recipient will define in a written policy what criteria and venfication will be used to
determine If a household has a "home energy crisis" and eligible for crisis assistance.
The policy must encourage households to seek assistance prior to incurring non-energy
penalties such as disconnect/reconnect fees, additional deposit, interest or late payment
penalties, etc.
B. The Recipient will not charge applicants a fee or accept donations from an applicant
to provide L1HEAP benefits,
C. The Recipient will be in a location and operate during hours available to cHents.
D. The Recipient will refund, with non-federal funds, to the Department, all funds
incorrectly paid on behalf of clients that cannot be collected from the client.
E. The Recipient will have appropriate staff attend training sessions as scheduled by the
Department to cover L1HEAP policies and procedures.
F. The Recipient will furnish training for all staff members assigned responsibilities for the
program.
G. The Recipient will take appHcations when it has a signed Agreement and adequate
funding, and continue taking applications until the Agreement expires or funds are
exhausted.
H. The Recipient must have adequate procedures in place to ensure that L1HEAP funds
are appropriately budgeted and expended to sufficiently allow for energy assistance
benefits in both the heating and cooling seasons.
:..J.
L1HEAP
ATTACHMENT A
SCOPE OF WORK
/. The Recipient will operate both program components in a manner that makes them
available to ail potentially eligible clients in their service area.
J. The Recipient will secure and maintain an internet computer service and notify the
Department of its e-mail address.
K. The Recipient will post the fOllowing notice in a conspicuous place at all points where
LlHEAP applications are received: No money, cash or checks, will be requested or
received from customers in a L1HEAP office. If an employee asks for money, report this to
the agency Executive Director or Department Head.
, -
-)
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
A. INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The applicable documents governing service provision regulations are in the Common Rule. 45
CFR Part 74 and 92. or OMS Circular No. A-110, "Grants and Agreements with Institutions of
Higher Education. Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-
87, "Cost Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles
for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit
Organizations," and OMS Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-
reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and
931.2. Low-Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Sudget
Reconciliation Act of 1981, Public Law 97-35) as amended and the L1HEAP Manual. The
following Federal Department of Health and Human Services regulations codified in Title 45 of
the Code of Federal Regulations are also applicable under this Agreement:
1. Part 16 - Procedures of the Departmental Grant Appeals Soard;
2. Part 30 - Claims Collection;
3. Part 80 - Nondiscrimination under programs receiving Federal assistance through the
Department of Health and Human Services (HHS), Effectuation of Title VI of the Civil Rights
Act of 1964;
4. Part 81 - Practice and procedure for hearings under Part 80 of this Title;
5. Part 84 - Nondiscrimination on the basis of handicap in programs and activities
receiving Federal financial assistance.
6. Part 86 - Nondiscrimination on the basis of sex in education programs and activities
receiving Federal financial assistance.
7. Part 87 - Equal Treatment for Faith Based Organizations;
8. Dart 91 - Nondscnm,nation on the Basis of .~ge in HHS programs or activities receiving
=ederai Financial Assistance;
26
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
9. Part 93 - New restrictions on lobbying;
10. Part 96 - Block Grants;
11. Part 100 - Intergovernmental Review of Department of Health and Human Services
Programs and activities;
12. Executive Order 12549, Debarment and Suspension from Eligibility for Financial
Assistance (Non-procurement);
S. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
The Recipient assures, as stated in Section 508 of Public Law 103-333, that a/l statements,
press releases, requests for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal money, all grantees receiving
Federal funds, including but not limited to State and local governments and recipients of
Federal research grants, shall clearly state:
(1) the percentage of the total costs of the program or project which will be financed with
Federal money,
(2) the dollar amount of Federal funds for the project or program, and
(3) percentage and dollar amount of the total costs of the project or program that will be
financed by non-governmental sources.
C. INTEREST FROM CASH ADVANCES
Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the
Common Rule and section .22 of OMS Circular A-110 as revised. Recipients shall
maintain advances of Federal funds in interest-bearing accounts unless one of the
following conditions applies:
NON-PROFITS ONLY:
The Recipient or subcontractor receives less than S 120,000 in total Federal awards per
jear,
2, T"e best reasorably avalable Tterest bearrg account 'Nould rot be expected to eam
r:erestr excess of 5250 .oer fear on ail Federal cash baiarces,
)-
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
3. The depository would require an average or minimum balance so high that it would not
oe feasible within the expected Federal and non-Federal cash resource. Interest earned
off cash advances shall be reflected on the monthly financial status report and the close-
out report.
LOCAL GOVERNMENTS ONLY:
Except for interest earned on advance of funds exempt under the inter-governmental
Cooperation Action (31 U.S.C 6501 et. seq.) and the Indian Self-Determination Act (23 U.S.C.
450), grantees and sub-grantees shall promptly, but at least quarterly, remit interest earned on
advances to the Federal agency. The grantee or sub-grantee may keep interest amounts up to
$100 per year for administrative expenses.
D. PROGRAM INCOME
The Recipient may reapply program income for eligible program projects or objectives. The
amount of program income and its disposition must be reported to the Department at the time of
submission of the final close-out report.
E. MODIFICATIONS
(1) The Department shall not be obligated to reimburse the Recipient for outlays in excess of
the funded amount of this Agreement unless and until the Department officially approves
such expenditures by executing a written modification to the original Agreement.
(2) The line item budget, as given in Attachment J of this Agreement and reported on
the monthly financial status reports, may not be altered without a written budget
modification with the exceptions of the items listed below:
(a) The Recipient may transfer unobligated budgeted line items within a budget
category as long as the budget category subtotal remains the same. Each
,ne item must meet ail contractual budget reqUirements. For the purpose of
transferring funds, tne fallowing are considered budget categories:
A.amirstrati'ie Expenses, Outreach Expenses and Direct Ciert Ass stance.
~s
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(b) Any and al/ Administrative Expenses and Outreach Expenses may be transferred
to any Direct Client Assistance line item without additional written authorization.
Each line item must meet all contractual budget requirements.
(c) With the exceptions given in (a) and (b) above, all requests for modifications to
increase or decrease any line item by more than 20% must be submitted to the
Department for approval thirty (30) days prior to the anticipated implementation
date. Failure to meet this time frame may result in reimbursement delays.
(d) A letter of explanation and a revised budget summary and workplan page must
be provided to the Department for any line item changes prior to the submission
of a financial status report in which the changes are implemented. This is not a
formal modification, but will provide the Department with advance notice and a
description of information concerning the budget revisions.
(e) None of the budget transfers may violate this Agreement or OMS Circulars
A-110, Common Rule, A-121 or A-87. Your information will be reviewed by the
Department for compliance with these circulars.
(3) All requests for formal modifications must be submitted to the Department for approval in
writing at least thirty (30) days prior to the anticipated implementation date. The Recipient
must use a L1HEAP modification package, approved by the Department, which includes
an amended budget summary and work plan page and amended budget detail page.
(4) Only unobligated funds may be transferred from one line item to another line item.
F. BONDING
(1) Non-Profit OrQanizations: The Recipient agrees to purchase a blanket fidelity bond
covering all officers. employees and agents of the Recipient holding a position of trust
and authorized to handle funds received or disbursed under thiS Agreement. Individual
bonds apart from the blanket bond are rot acceptable The amount of the bor;d must
cO'ler each off:cer, empioyee and agent up to an amount equal to at east ore-raif of
t."'e total LiHEAP agreer"'ent ar"'ount.
29
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(2) local Governments: The Recipient agrees to purchase a fidelity bond in accordance with
Section 113.07, Fla. Stat. The fidelity bond must cover all officers, employees and agents
of the Recipient holding a position of trust and authorized to handle funds received or
disbursed under this Agreement.
G. OTHER PROVISIONS
1. The Recipient must budget a minimum of twenty-five (25) percent of the total
Agreement funds for Home Energy Assistance.
2. The Recipient must budget a minimum of two (2) percent of the total Agreement funds for
Weather Related/Supply Shortage emergency assistance. These funds must be held in
this budget line item category until December 15 of the program year for use in response
to a possible disaster. These funds will only be used during state or federal emergencies
declared by the President, the Governor or the Secretary of the Department as he/she
deems necessary. In the event of an emergency being officially declared, if the Recipient
or the Department finds that two percent of the budget is not sufficient to meet the
emergency, the Recipient may draw on other Agreement categories, up to fifty percent
(50%) of the total Agreement budget, without additional written authorization. After
December 15, if no emergency has been declared, the Recipient may allocate these funds
to the crisis or the home energy category of the program without additional written
authorization from the Department. When funds are distributed for a weather-related/supply
shortage emergency, the Department will provide binding directives as to the allowable
expenditures of the funds. The Recipient will comply with these directives or agree that
these funds vvill remain with the Department.
3. In addition to the record keeping and audit requirements contained in Sections (5) and
6) of th,s Agreement, the books. records, and documents required under tris Agreement
'Yust alSO be available for copying and mec/lancal reproduction on or off t,"'e premses of
:re Recioent.
3U
LlHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
4. If the U,S, Department of Health and Human Services initiates a hearing regarding the
expenditure of funds provided under this Agreement, the Recipient shall cooperate with, and
upon written request, participate with the Department in the hearing.
5, All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of
Work, Attachment A, and all other applicable laws and regulations.
31
L1HEAP
ATTACHMENT C
REPORTS
<
,.
Annual reports - Within 45 days after the end of the Agreement the Recipient shall submit a
L1HEAP Close-out Report, including the L1HEAP Final Financial Report, a refund check for any
unspent funds, and the L1HEAP Final Program Report.
2. MonthlY reports - The L1HEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty-first (2151 day) of each month fol/owing the end of the
reporting month in which funds were expended.
3. Quarterly Reports - For each county the Recipient serves, the L1HEAP Household Quarterly
Program Report must be provided to the Department by no later than the twenty-first (21 st) day of
the month following the end of the last month of the quarterly reporting period.
4. Cost Allocation Plans
2 CFR Part 215, Subpart C, Section 215.21 (6) requires that Recipients have written financial
management systems procedures for determining the reasonableness, allocability, and
allowability of costs in accordance with the provisions of the applicable federal cost principles and
terms and conditions of the award. To document this, Recipients must submit copies of their
written Cost Allocation Plans to the Department with their contract proposal.
5. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department, including supporting or source
documentation for any reports identified above in this section.
The reports shall be submitted to:
Ms. Hilda Frazier, Manager
Florida Department of Community Affairs
Division of Housing & Community Development
2555 Shumard Oak Boulevard
Ta!1ahassee, FL 32399-2100
Fax: (850) 488-2488
""'t
J_
L/HEAP
ATTACHMENT 0
PROPERTY MANAGEMENT AND PROCUREMENT
A. All such property purchased under this Agreement shall be inventoried annually and an
nventory report shall be made available to the Department upon request.
B. All property purchased under this Agreement shall be listed on the property records of the
Recipient. Said listing shall include a description of the property, model number,
manufacturer's serial number, funding source, information needed to calculate the federal
and/or state share, date of acquisition, unit cost, property inventory number and information on
the location, use and condition, transfer, replacement or disposition of the property.
C. Title (Ownership) to all nonexpendable property acquired with funds from this Agreement shall
be vested in the Department upon completion or termination of the Agreement.
D. The Recipient agrees to comply with Section 507 of Public Law 103-333. As stated in
this section, it is the sense of Congress that, to the extent practicable, all equipment and
products purchased with funds made available in this Act should be American made.
'" ."1
-, -'
LIH EAP
ATTACHMENT E
STATEMENT OF ASSURANCES
A Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share of part of this Agreement or to any benefit to arise from the same.
B. Interest of Members. Officers, or Employees of Recipient. Members of Local Governino BodY, or
Other Public Officials.
No member, officer, or employee of the Recipient, or its delegates or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this Agreement. The Recipient shall incorporate or cause to be
incorporated in all such Agreements, a provision prohibiting such interest pursuant to the
purposes of this subsection. No board member, officer or employee will be permitted to receive
any remuneration or gift in any amount. Board members may receive travel expenses in
accordance with s. 112.061, Florida Statutes.
C. Nepotism
The Recipient agrees to abide by the provisions of s. 112.3135, Fla. Stat.. pertaining to nepotism in
their performance under this Agreement
D. L1HEAP Assurances
The Recipient hereby assures and certifies as a condition of receipt of Low Income Home
Energy Assistance Program funds, that it and its subcontractors will comply \Nlth the
applicable requirerrents of Federal and State laws, rules, regulations, and guidelines As part
ofts acceptance and use of L1HEAP funds. the Recipient assures and certifies that:
J..+
L1HEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(1) The Recipient possesses the legal authority to administer the program as approved by
the Recipient's governing body, including all assurances contained herein.
(2) The Recipient possesses the sound controls and fund accounting procedures necessary to
adequately safeguard the assets of the agency, check the accuracy and reliability of
accounting data, promote operating efficiency and maintain compliance with prescribed
management policies of the agency.
(3) The Recipient will permit and cooperate with Federal and State investigations designed
to evaluate compliance with the law.
(4) The Recipient will give the Department, the Auditor General or any authorized
representatives, complete access to examine all records, books, papers or documents
related to all program operations of the grant, including those of any sub-contractor.
(5) The Recipient will comply with non-discrimination provisions, in accordance with Florida
Statutes; Section 677 of P.L. 97-35; Titles VI and Vl/ of the Civil Rights Act of 1964; and 45
C.F.R. Parts 84, 86 and 90.
(6) The Recipient will comply with section 680 of Public Law 97-35, as amended,
which prohibits use of LlHEAP funds for purchase or improvement of land, or the
purchase, construction, or permanent improvement of any building or other facility.
(7) The LlHEAP application and all its attachments, including budget data, are true and
correct.
(8) The Recipient will prohibit any political activities in accordance with Section 678F(b)
of 42 USC 9918. as amended.
(9) Administration of this program has been approved by the Recipient's governing
body by offic'al action, and the officer who signst ,5 duly authorized to sign :h,s
..\greerrent.
35
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(10) The ReCipient agrees to comply with Public Law 103-227, Part C, Environmental
Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act). This Act requires
that smoking not be permitted in any portion of any indoor facility owned or leased or
contracted for by an entity and used routinely or regularly for the provision of health,
day care, education, or library services to children under the age of 18, if the
services are funded by Federal programs either directly or through States or local
governments. Federal programs include grants, cooperative agreements, loans or
loan guarantees, and contracts. The law does not apply to children's services
provided in private residences, facilities funded solely by Medicare or Medicaid funds,
and portions of facilities used for inpatient drug and alcohol treatment. The Recipient
further agrees that the above language will be included in any subawards which
contain provisions for children's services and that all subrecipients shall certify
compliance accordingly. Failure to comply with the provisions of this law may result in
the imposition of a civil monetary penalty of up to $1,000 per day.
(11) The Recipient will have a published and publicized local outreach office number
when the outreach office is open a minimum of 40 hours per week, or toll-free
telephone number.
'6
L1HEAP
ATTACHMENT F
SPECIAL CONDITIONS
A. The Recipient and its subrecipients shall comply with the following special conditions:
NONE
8. Failure of the Recipient or its subrecipients to comply with the special conditions under this
Agreement shall be cause for the immediate suspension of payments, and may be cause for the
immediate termination of this Agreement.
, ...
LIHEAP
ATTACHMENT G
WARRAM1ES AND REPRESENTATIONS
Fnancial Manaqement
Recipient's financial management system must include the following:
( 1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, un-obligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining whether costs are allowed and reasonable under the
provisions of the applicable OMS cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent
contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, invitations for bids and/or requests for proposals
shall be excluded from competing for such procurements. Awards shall be made to the bidder or
offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
considering the price, quality and other factors. Solicitations shall clearly set forth a/l requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and
ail bids or offers may be rejected 'Nhen ,t 'S in the Recipient's interest to do so.
:'S
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neIther solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers.
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from S: (\\.J I-tfY\.. to :5: c\.\ f.,,1. .
Licensina and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
.1 <)
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
( 1 )
The prospective subcontractor of the Recipient,
N I f\
, certifies, by
submission of this document. that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
f'J' / f\
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
+()
LOW-INCOME HOME ENERAGY ASSISTANCE PROGRAM (L1HEAP)
ATTACHMENT I --- RECIPIENT INFORMATION
FEDERAL YEAR:
2010
CONTRACT PERIOD:
FOR DCA USE ONLY:
<, ! ~\ \ '2 v ! 0
,REVISIONtS)
RECEIVED
Date ot Signing lhrough March 31, 2011
r'structlons: Complete the blanks highlighted in yellow, For item II, put an X" in whichever highlighted box applies to your agency,
I. DCA CONTRACT NUMBER:
TOT AL DIRECT CLIENT ASSISTANCE:
10EA-8F-11-54-01-019
260.23900
II. RECIPIENT CATEGORY:
~Jon-Profit
III. CQUNTY(IES) TO BE SERVED WITH THESE FUNDS:
CONTRACT AMOUNT:
LEVERAGE AMOUNT (if applicable):
334 606 00
IX I
Local Government
State ,~gency
'tli:'rrce C.i:'U!1ty
IV. GENERAL ADMINISTRATIVE INFORMATION
a, Recipient:
';lonr'ce C.Junty Board of Ccurty C.:;mmissioners
County Location:
F10nda
b. Executive Director or Chief Administrator:
c,
Address:
Telephone:
Cell:
1100 Simonton Street SUite 2-257
(305)292-4510
d.
Mailing Address:
1100 Simonton St, Suite 2-257
Sheryl Graham
Cily:
Fax:
Email:
Key West
, FL Zipcode:
(305)295-4359
araham-shervl@rnonroecountv-fl,(.jov
33040
City:
Key West
, FL Zipcode:
33040
d, Chief Elected Official (for local governments) or President Chairman of the Board (for corporations):
Name: Sylvia Murphy Title: Mayor
Enter home or business address, telephone numbers and email other than the Recipient's
Address:
Telephone:
Fax:
f, Official to Receive Stale Warrant:
Name: Danny Kolhage
Address: 500 Whlt""h"'od StrAet
]. Recipient Contacts
1 ,Proaram: Name:
Address:
T0lephone:
Cell:
"reryl GrrJh()m
: : CO Simcnton 5lre'3t
(:05)2'12-4,')) 0
2.
rlame'
.l"j,jress:
i........""\ . '........
_.'....' J i '
,rf:::'j"l :'4-,.,.~}t
,'priore:
-:>:-<1:
':)~"'s.:r( S L..U-:rD':-(l rc :3 In'-;::''corts'
City:
, FL Zipcode:
Email:
Title:
City:
Ci8rk (ef The Court
Key 'Nest , FL Zipcode:
33C~0
Title:
Social Sf-?"iiCes Director
City: K'~y "Vest i FL Zipcode: 33040
Fax:3(5)205-,j,359
Email:lraham-shervl .g monroecountv-fl,]cv
Pel
C ty
:,__,.i)
F:;x'
: =:"~'';5- ~ :,:0
E:l"'ad:
=EiO ~ii~!~'t{~r
f~UDIT DUE DATE:
,"',1 ") l.7 ;:::~ 1
.VAtOO...
LOW-INCOME HOME ENERGY ASSISTNCE PROGRAM (L1HEAP)
ATTACHMENT J --- BUDGET SUMMARY AND WORKPLAN
RECIPIENT:
Monroe County Board of County Commissioners
CONTRACT:
10EA-8F-11-54-01-019
'~3r":...ctons>< E--:ter :,,"'e ,1/)QrCDr,a:e 19utes ./'7 :"'~e boxes n,gr;;;grted ;/1 :. e!i'OW cniy.
I. BUDGET SUMMARY
LIHEAP FUNDS ONLY BUDGETED AMOUNT
1 UHEAP FUNDS No Leveraging Funes) 334.606.00
ADMINISTRATIVE EXPENSES
2 Sa/arres Including Fr'nge, Rent, Utilities, Travel, OTher ITotal cannot exceed a,5e;, of Lne 1) ..28 442UO
OUTREACH EXPENSES
Salaries ,nCludlng Fringe, Rent, Utilities, Travel, Other (Total cannot exceed 150S of the <-15,92500
3 ,15)) 1
difference between Line 1 & line 2 (Lire 1 minus Line 2 times
DIRECT CLIENT ASSISTANCE
4 Home Energy Assistance (Must be at least 25% of line 1.) 125,000,00
5 Cnsis ASSistance 128,546,00
6 Weather Related i Supply Shortage i Disaster (Must be at least 2% of line 1,) 6,693,00
7 TOTAL DIRECT CLIENT ASSISTANCE (Lines 4 + 5 + 6) 260,239,00
LEVERAGING FUNDS ONLY BUDGETED AMOUNT
a LEVERAGE FUNDS 0.00
9 Home Energy ASSistance 0,00
10 CriSIS ASSistance 0,00
11 TOTAL LEVERAGING (lines 8 + 9) 0.00
12 GRAND TOTAL ALL EXPENSES (Lines 2 + 3 + 7 + 10) 334,606.00
II. DIRECT CLIENT ASSISTANCE PLAN
Estimated # of Estimated Estimated
Type of Assistance Households to Cost Per ExpendItures 2
be Served Household (Col. 2 x Col, 3)
Home Energy 500 2]0,00 125.000.00
Crisis 367 35000 128.546,00
Weather RelatediSupply Shortage ,:] ::67;0 6,693.00
Leveraging. Home Energy 0.00
Leveraging. Crisis 000
TOTAL 892 260,23900
.,;
~
L j,
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
ATTACHMENT K --- EXPENDITURE DETAIL
Recipient:
Monroe County Board of County Commissioners
Contract:
10EA-8F-11-54-01-019
rstruct'ers'
On the form below. enter It'e detail cf tt'e fiCJLires !isted on ,t'e Budget Summary If mere spaces reeoed. ceoy It'S ferm
,'coy Ih!s form 10 ancther tab and name Ire new tabs Budget Detatl l' Budget Detail 2'. etc.
III. ADMINISTRATIVE AND OUTREACH EXPENSE (lines 2 & 3) BUDGET DETAIL
L,ne
I:em
I'Jo
ExcenOlture Detail
Round line .:ems to .jollars. Do not use cents and jeclmals in totals.)
LlHEAP
FUNDS
2
I Administrative Expenses:
I Salary: Director
8'0 L,heap, 3800 CCE, 30'0 ADI. ~o" CCDA.i% MCT, 70; C1, 800 C2, 250:, General Fund,
I fUlly loaded with fnnge) == 88429.32
Salary: Grant Coordinator
160'0 Uheap, 350., CCE, 3% ADI, 5% CCDA, 2% MCT, 70" C1, 8'% C2, 200., General Fund,20'O IIIB, 2% IIIE:
(fully loaded with fringe) = $11545.00
Travel (Estimated local mileage: 1,000 miles x 44.5/mile = $445.00)
445.00
Other:
1. Phone/Postage
2_ RentaVCopy
3. Maintenance Agreement
4. Printing and Binding
5. Office Supplies
6. Operating Supplies
51522.00
51500.00
52500.00
51000.00
51000.00
$500.00
8,022.00
Total Administrative Expenses:
28,442.00
3 Outreach Expenses:
Salary: Full time Eligibility Specialist
500;' L1HEAP (Outreach,lntake, Eligibility)
2080 hrs x $16.60/hr (fully loaded w.tringe) = $25,640.00
25,640.00
Salary: Part Time Eligibility Specialist
100'% L1HEAP (Outreach, Intake, Eligibility)
1040 hrs x $16.60;hr (no benefits) = $20,285.00
20,285.00
4
ITotal Outreach Expenses:
I Home Energy Assistance
Crisis Assistance
I
I
Weather Related/Supply Shortage
~5,925.00
125,000.00
5
128,546.00
6
6,850.00
7
TOTAL DIRECT CLIENT ASSISTANCE
260.239.00
11
GRANT TOTAL (LINES 2+3+7)
334.606.00
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (L1HEAP)
ATTACHMENT L --- MULTI-COUNTY FUND DISTRIBUTION
j,tJency: Monroe County Board ot County Commissioners
Contract:
n the form below. descnbe how you plan to eqUitably allocate lIHEAP resources to each of the counties you serve, This
clan must be In part based on the 150o~ poverty population ot each county. Provide reasoning and numeric juslification
..::Ian.
10EA.aF.11.54.01-019
nstructions: Enter appropriate data only in the cells below that are highlighted in yellow. Percentages will automatically
populate when the total direct client assistance amount and all three columns for each county are filled in.
TOTAL DIRECT 0;' OF AGENCY'S
CLIENT ASSISTANCE DIRECT CLIENT
COUNTY 150% POVERTY S260.239.00 ASSISTANCE
POPULATION.1 DOLLARS
COUNTY ALLOCATED TO
ALLOCATION THIS COUNTY
Monroe County only 260.239 260.239.00 100.0%
Total Budgeted Direct 260,239 260,239.00 100.0% I
Client Assistance.2
.1
If population data other than the 2000 U. S. Census is used, note and explain below.
Allocation must be equal to Attachment J. budget Summary and Workplan, Line 7.
Explain the basis tor distribution/calculation used to determine allocation.
Entire allocation IS tor the only county that we are serving, Monroe County
L1
~~J
LOW.INCOME HOME ENEREGY ASSISTANCE PROGRAM (L1HEAP)
ATTACHMENT M --- JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Monroe County Board of County Commissioners
CONTRACT NUMBER:
10EA.8F.11-S4-01.019
~nVld\r3nce I'dyment under this .~greement IS Subject to s. 216.181 116)la1Ibl. F'orda Statutes and.l,ttachment D. Section 0 :f trls Agreement.
The Recipient shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule. section .22 of OM8 Circular A.110
dB revised and Attachment 8. subsection D of this Agreement. Creck the Jppiicable box below ,creek only ore).
X; NO ADVANCE REQUESTED
:; ADVANCE REQUESTED
'Joldvance caymant :s belrg requested.
::>lvment",1I be made solely on a
''?Imbursement baSIS. No additional
r'arm,1llon IS f'~qulred.
.l,d',ance payment of s 'equested. Salance of pavmentSMII
be made on a reimbursement tasls. These funds are needed to pay staff. w,ard
benelits to clients, duplicate forms Jnd purchase start-up supplies and equipment.
/Ie '",ould not be able to cperate the program.~lthout thiS advance.
ADVANCE REQUEST WORKSHEET
,f 1n ,ldvance IS requested, complete the followlng,yorksheet by filling in the cells highlighted in ~.ellow.
DESCRIPTION (A) (B) (C) (D)
FFY 2007 FFY 2008 FFY 2009 Total
1 INITIAL CONTRACT ALLOCATION 0.00
2 FIRST TWO MONTHS OF CONTRACT 0.00
EXPENDITURES 1
3 AVERAGE PERCENT EXPENDED IN FIRST ItDIV/OI ItDIVlOI ItDIV/OI ItDIV/OI
THREE MONTHS (Divide line 2 by IIn.1)
The first two months in which exoenditures were reoorted need to be provided for the years you received a L1HEAP contract. If you do not
have this Information, call your financial specialist and they will assist you.
The Recipient may request an amount up to the Historical Administrative Percent, but not to exceed 17% of the award.
#DIVlor
Cell 03
x
s
334,606.00
L1HEAP Award
02
#DIVlOI
Historical Advance
MAXIMUM ADVANCE ALLOWED:
334,606.00
L1HEAP Award
x
0.17
Percent of Award
02
56.883.02
Maximum Advance
If you require an advance In excess of 17 percent of the contract allocation, complete the Request for Waiver of CalculatfHi Maximum.
REQUEST FOR WAIVER OF CALCULA TED MAXIMUM
Check the applicable statement, then complete the Estimated Expenses Chart
( 1 Recipient has no previous history with L1HEAP contracts.
[ ] Recipient has exceptional circumstances that require an advance greater
than average first two months expenditures of the previous three years.
ESTIMATED EXPENSES CHART
BUDGET 2010-2011 ANTICIPATED EXPENDITURES
CATEGORY FOR FIRST THREE MONTHS OF CONTRACT
<\dminlstratlve
Program Expenses
Total Expenses
EXDlanation of Circumstances
:5
SCPPORTING DOCC:\IENTA TION
.\. TTACH.\IENTS:
~. CERTIFICA TE OF CORPORA TE RESOLUTION
O. FIDELITY BOND DOCV;\IENTATIO~
P. UTILITY VENDOR AGREE\IENTS
Q. COpy OF \VAP ;\IOU
R. COpy OF EHEAP ;\IOU
S. OUTREACH OFFICES
T. \VRITTEN COST ALLOCATION PLAN
-+6
.\ TTACH~IE~T ~
CERTIFIC\ TE OF CORPOR.\ TE RESOLLTIO~
L . JS Secretary of
SOT .lPPLIC1BLE . a
Florida nonprofit Corporation ("Corporation"), hereby ceI1ify that the following is a full.
true and accurate copy of the resolution of the Board of Directors of the Corporation.
duly and regularly passed and adopted at a meeting of the Board duly calkd and held in
all respects [,S required by law and by the bylaws of the Corporation on
, at which meeting a quorum of the Board was present, and that
the resolution remains in fult force and effect and has not been modified or repealed.
WHEREA.S, it is in the best interest of the Corporation to enter into a grant agreement
with the Florida Department of Community .\ffairs for the Fiscal Year 2008-2009 Low
Income Home Energy Assistance Program.
RESOL VED, that , as the
of the Corporation is hereby authorized and empo\\ered
on behalf of the Corporation to negotiate the terms for and to enter into and execute the
above described agreement with the Florida Department of Community Affairs, and to negotiate
the terms for and to execute any and all related documents which are necessary to
effectuate
the terms of said agreement.
ExeclIted by me <IS SccretJry of the Corporation on
Secretary
I CnrporJtc SL'J!)
Prc~ Id..:nt
''''It)
lil
+
.\ TTACH:.\IE~T 0
FIDELITY BO~D
The following page (page -/.9) is a copy the :\Ionroe County Board of County
Commissioners' Fidelity Bond A.greement.
I ~lJ/2() I ()
+S
CERTIFICATE OF COVERAGE
i CerNicate He/der
\IONROE COUNTY SOARD OF COUNTY COMMISSIONERS
1 '00 SIMONTON STREET ROOM 2-268
KEY ',VEST FL 33040
~dm riSlralor
,SLe C ate 09, 22. C9
Florida League of Cities. Inc.
Public RIsk Services
I' O. BOl( 530065
Orlando, Florida 32853-0065
:~ ,~;; <ES
, -, , '; : f" - P - '-' - '. ~,'fE','E~" 'ec:'" .., "E'~'S,EC -; ".f :'c ': ~A 'Ee ','E~'eEO F;O '~!' '::', EO',JE 'EO ':c ',c :"EO '..:-" ", - _ 'c '" ~. 'C," C E ','E~"
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::fl,le...(r .:fs':-':, rEe --~;;'E.'o S _~-_tL=':'" -: .i:.1. ~'-.: -[:\tS, E'-'(':L~:..: ';\5 .$.\jC::~.CI" ':"'S .:; ..'c..:H ":;::€E'\i€'1T
.::c'. EP~GE PPO\i CEO BY:
...
AGAeEMENT NUMBER: F\"T ::E6
FLORIDA MUNICJPAL INSURANCE TRUST
COVERAGe PERIOD: FPC'A 'J':9 I COVERAGE PERIOD: TO . - . .: - 2 ;. ~ M S'ilrc,1rd r ~ e
T"iPE OF COVERAGe. PROPERTY
TYPl! OF COVERAGe. LIABIUTY
Genera' Liability
:] C;;rrprerel'~,~e Gereral LilC, It '1, Sca,ly In;LlY P":certy D,lmar;e ill'd
P~rsonaJ In,UlY
kJ Elfers ,lOd Ol1"lSSICns ll.:JCliity
o Sucplemenlal EmplOyment practice
o ElT'ployee Benefirs Program~omlnst",tion L..lllll1ty
c::J ',le<lical Allendanrs', Meellcal Directors' Millprachce l',ltd,ty
o Bread Form Property Damage
o ww Enforcement lJi.tbillty
o Underground. ExplOSion ,1 Collapse Hazilrd
limit. of llablUty
. C~mclned Single limit
DedlM:tlbie Nil'
Automobile Liability
GJ All 'lwnOO Autos, Private Passenger)
GJ All owned Autos I Other than Pfi~ale Passenger)
a Hired Aulos
GJ Non-Owned Autos
Umil. of LIability
- CCfl'lclned Slolle L.m,t
Deductlblll NlA
:J Builcllnga
o BasiC Form
o Special Ferm
o Pt!Il"5onal Property
o Basle Fcrm
o Special Form
O~greed Amo\Jl1t
o Deduclitle !\IiA
o Co,nsurance N.A
o Blanket
o Specilfc
o Replacement Cost
o Actual Cash Value
C MIscellaneous
o irlilnd "'afire
o E'ectronic Data p'x;,ss,rq
o Sond
o
Llmltll of LIability on Fife wIth AdminIstrator
TYPI! 0' COVl!RAG' . WORKERS' COMPl!NSAnON
o SlattJlory Workers' COfl'lpensation
o Employersllab,"ty ~ 1 ':OO,OCO E3Ch Accident
3lJ00,Coo 8y Oiseas.
31,':00,COO A'19regate By DisMse
o Deducllble N.'A
o
I '""m"".""',m~', ,...."".
I
i
I
:'J P"j': (ill O"I1",l'le
P~;r -3c!"'('rJ!~e
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PP' '2<:r"'r;.'Jue . :,~
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5 . ~: ::';. ..,~'S ,... r ~ ';: '::'''y r,:" ;n, It"f ~. r'1lr:n- i'lr'tr) :1 1 : if"""!} C
e'on - ~,to
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C .r";~,lrr'O =-2'C~C'" -'~'1:S 5, C",:r.:,:t ':",;'_'t~3 ;fJ.C ~I '-::-:'("'1 :,...r~j,i{.t
': :;'--';f';'li L.;.flI:r ::',:rt< : .,':':'~ .-.... ,,;;I,'e:t F':" ~~1
:e~cr Pton 01 Cpe"tiOr'liLocationSJVen,ee'liSpec,al 'em,
'(:,'d:~CE ':C,t.t4f'( ~OJ,PQ ,:F 1:(;1,,-4 rv :C.,H'I''3SiC'IE,09
'J ; ','C'jr::;'j ;-PEET:u::;c'" ~~
'='l'f=--ST~l :10
.J'
.\ TTACH.\IE~T P
CTILITY VE~DOR AGREE.\IE~TS
The following pages (pages 51 and 52) are Original Documents. These
documents are the required "Ctility Vendor Agreements" that have been
signed by officials from Keys Energy Services and Florida Keys Electric
Cooperative Association. lnc as well as the .\Iayor of .\Ionroe County.
!.:: '::010
'0
,
I,
1\
'JI
~'~
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-. ;
,-
;:. ")
"'" ""
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~ ()
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"
"
, -
,
I
'i ;....
^'
'.;;
."
LO'''' L\CO'IE HO'IE E~ERGY ASSISTA2\CE PROGRA'I
LTILITY \'E~DOR PA Y'IE~T AGREE'IE~T
l1:e undersigned home energy supplier hereby Jgrees to meet the railo\\ ing conditions in
",reer to recei \e vendor payments to the home energy JssistJnce Jnd crisis assistance
:Jtegories or the Low Income Home Energy, \ssistance Program tha:
Eligible households \\ill only be charged. through the company's normal
:)illing process. the Jctual unpaid diifaence between the vendor pa)ment
:11ade through the program and the actual remaining unpaid cost or home
energy.
~
Households receiving assistance under the program will not be treated
,ld\ersely because of receipt of this assistance.
~
,).
Eligible households on "..-hose behalf a vendor pa)ment is received. either in
the cost of goods supplied or in the services provided, will not be
discriminated against.
4.
Only electric utility bills for energy consumption are eligible tor payment,
except when notiIied by the agency making the payment that it is a crisis
payment.
5.
\Vhen the benetit to the client does not pay the complete charges o\ved by the
client, that the client is responsible for the remaining owed.
6.
The local LIHEAP provider \vill render payment within 10 days of client's
initial appointment with LIHEAP. The vendor \vill notify LIHEAP Director
within 5 days after the expiration of the above stated period if payment has
not been made.
Keys Energy Services
Company:\'ame
(305) 195-1000
Company (Area Code) and Telephone :\'umber
1001 .James Street
Stred .\.ddrcss or Post Office Box
h:ey \\ e~t
tit~,
Florida
JJO..W
S',He
Z:p COdC
L~lllle E. Tejeda, General ,'Iallager & CEO
\+ Jnl": Jndf i:!..: t) f \ u t:iori /: i r~ ~ C lJl1l pan;,. () ft:c: 31
,
/" -( '., "-,,' .-" ", ""'. "....---- _.., ... ."<
')l;:1.1'U,".': ,,)(\,lthmz,;;~ CJ,~1p.1l1:, l)rt':cul
),:,<..'
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, ,',',' t
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':l:.:;:i:,IIlii\': \i 1 \l.":\Jl'1/1.1", \~':11C:. (\!unrc...; ll) l1[>) Ur rl"':l~j
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LO\V INCO,\IE HO~IE E~ERGY ASSISTA~CE PROGRA,~I
CTILITY VE~DOR PA Y:\IE~T AGREE~IE~T
[he undersigned home ..:nergy supplier hereby Jgrees to meet the following conditions in
.)rJer to receive vendor payments to the home energy Jssistance and crisis Jssistance
c.;at..:gones of the Low Income Home Energy ,-\ssisrance Program:
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That eligible households \\ill only be charged. through the company's
:10rmal billing process. the actual unpaid difference between the vendor
;:,ayment made through the program and the actual remaining unpaid cost of
)lOme energy.
.,
[hat households receiving assistance under the program will not be treated
.ldversely because of receipt of this assistance.
,
_'I.
That eligible households on whose behalf a vendor payment is received,
either in the cost of goods supplied or in the services provided, \vilI not be
discriminated against.
rhat only electric utility bills for energy consumption are eligible for
payment. except vvhen notitied by the agency making the payment that it is a
crisis payment.
That \"hen the benefit to the client does not pay the complete charges o\ved
by the client, that the client is responsible for the remaining owed.
Florida Ke)'s Electric Cooperative Association, Inc.
Company Name
(305) 852-2431
Company (Area Code) and fekphone Number
91605 Overseas Highway PO Box 377
Strect Address or Post Office Box
Tavernier
City
Florida
State
33070-0377
Zip Code
J
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Scott ~cn ncrry, Chief Executive Officer
",um: J11~Ii[Le t)f. \uthUrlllng C'I-:1pan) Official
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\VEA THERIZA TIO~ ASSISTA~CE PROGRA.\I
\[onroe County Social Services is in the process and implementation stages
l)f creating the \Veatherization Program. \Ve recently received the Building
Capacity Agreement for the period of l/2l/ 1 0 to 4/30/10. Staff is cUlTently
attending training and \ve expect to receive a further \VAP contract in the
next month.
Ii 2lJ/20 J 0
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.\TTACH:\IE~T R
COpy OF THE :\IE:\IORA~DC:\IS OF AGREE:\IE~T BET'VEE~
'[O~ROE COC~TY BOARD OF COC~TY CO:\[:\IISSIO~ERS A~D
THE E:\IERGE~CY HO:\[E E~ERG Y ASSISTA~CE FOR THE
ELDERL Y PROGRA:\I (EHEAP) PROVIDER.
The follo\ving pages are copies of the :\[emorandums of Agreement (:\[OA)
between the :\[onroe County Board of County Commissioners AND the
Emergency Home Energy Assistance for the Elderly Program ( EHEAP)
Provider, the Alliance for Aging, Inc. Also included are three (3) EHEAP
fntake Center Referral Agreements (one each for Upper, Nliddle and Lower
Keys).
I 29/2010
54
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BOARD OF COUNTY COMMISSIONE~S
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SOCIAL SERVICES DEPARTMENT
Cc,r:-'unlty Ser\lces DIvision
7'-e H'stonc Gate Cigar Factory
: : GO $,morten Street, SLlte 1- 202
'<ey V,est, F',;nCa 33040
:CS) 292--1592
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January 18. 2007
.\fs. Lisa .\1e1~
Elda HelpLine Supervisor
.\Iliance for .\ging. Inc.
9500 S. Oadeland Blvd.. Suite 400
.\liami. FL 33156
R~: l\femorandum of Agreement b~tween EHEi\EP and LIHEAP
EHEAEP Intake C~nter R~ferral A.gre~ments (l'pper. ~Iiddle and Lo\ver Keys)
Dear .\15, Mele:
,\ttached to this memorandum. please tind FOUR copies of each of th~ follo\ving documents:
\kmorandum of, \greement betw~en EHEi\EP and LIHEAP
EHEAEP Intake Center Rderral Agreement - L'pper Keys
EHE,\EP Intake Center Rderral A.greement - .\fiddle Keys
EHEAEP Intake Center Referral Agreement - Lo\ver Keys
These documents han: be~n executt:d by \fonroe County and are ready for your handling. Pkase be sure
that the sets marked 'Ion roe County Clerk's Office OrhdnaJ and "Ionroe County Finance
Department's Ori!!inal are signed. Jated, :md returned to m) Jttcntion JS quickly as possible. For;. our
con\enit:nc~. )dlo\\ nott:s ha\e been attached to L'Jch COP} that n~eJs to bt: returned to me,
If r (,111 rfL)\. iJ~ JllY ,tJJitiull"d illtl)/'I11atiol1. pkJs~ 1-:t me ~llO\\.
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Clerk of The
Circuil Coon
Danny L. Kolhage
''f-:\~e _ '_:1 ~~:2": j r LX _, '. r~tiJ
1VJemorandum
To:
Debbie Barsell, Director
Community Services Dicision
. tun:
Sandy J[olina
From:
[sabel C. DeSantis, " L
Deputy Clerk _1.-<...,-,
Date:
Wednesday, January 0:1, 2007
At the BOCC meeting on December 20, 2006, the Board granted approval and
authorized execution of the following:
:\'{emorandum of Agreement between I\lonroe County and Emergency Home
Energy Assistance for the Elderly Program (EHEAEP)/ Alliance for Aging, Inc , and
Low-Income Energy Assistance Program (LIHEAP)/Monroe County BOCC and approval
of EHEAEP Intake Center Referral Agreements for the three intake centers throughout
.\fonroe County - Lm.ver/:\fiddle/Vpper Keys.
Enclosed please find are four (1) sets of each document executed by Monroe
County for your handling, Please be sure that the sets marked .\'Ionroe County Clerk's
Office Orhdnal and .\'Ionroe Count v Finance Deoartment's OriJlinal are returned
to this office as qUickly as possible. Should you have any questions, please do not
hesitate to contact me.
co: Finance. \V 0 clac.
unty.\ttorney
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[' ue
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\lemorandum of .\2reement
Between
Emergency Home Energy .\ssistance for the Elderly Program (EHE.\EP)
Jnd
low-Income Energy .\ssistance Program (LIHE. \P)
[he undersIgned providers of energy JssistJnce progrJms agree to coordinate serYI.:es t(lr
households conr:'llnmg J member of 60 yeJrs of age or older. This .:oordinJtion \vill
prevent duplIcate crisis assistance payments during the same heating and cooling seClson:i.
Client records \vill be maintained by both agencies. \vhich include the type of JSsistJnce
requested, the dJtc requested, ,he d.sposition of the application and if approved, the
Jmount of payment to the vendor.
.\11 parties \vill \vork together to increase the quality of services provided to seniors in
need of this service in "'Ionroe County.
Signature of Authorizing Company Official
for the EHEAEP Program/Title
Alliance for Aging, Inc.
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Date
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Signature of Authorizing Company OfficiJI
for the "'Comoe County UHEAP Program Title
Date
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. . 'lACE Q.D'Ut
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAEP)
INTAKE CENTER REFERRAL AGREEMENT
-r s Referral Agreerrent bet'.'ieen the Alliance for AQinQ, Inc" tre Area Agency on i~g,rg lAAA) for
::Ji3nnlng and Ser'ice Area (PSA) 11 and v,w,...,'" 1~'1!1nr-}' C""'"!::1uni t;; Sl1j;)~c,..t ~C!r'.'ices, :',,",er ~e-l,s
:he rtake Center, shail oegln on the date the agreerrent has been s'gned by both cartles, .I,hichevers
ater. This referral agreement :s in effect for a periOd of tirre that is equal to the Intake Center s voluntary
enrollment penod 'n the EHEAEP program. One purpose of this agreement is to promote the
jevelopment of a coordinated service delivery system to meet the energy needs of the aged. Another
curpose of this agreement is to enable eligible elderly participants to access the EHEAEP program in a
.:on'ienlent manner by going to the Intake center nearest to their place of residence. Both parties agree
to and will treat each participant with dignity and respect.
I. Objectives
A To maintain a climate of cooperation and consultation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
B. To promote programs and activities designed to prevf:nt the premature institutionalization of
elders and disabled adults.
C. To require the parties of this Agreement to provide technical assistance and consultation to each
other on matters pertaining to EHEAEP benefits and share appropriate information so
duplication may not occur.
D. To establish an effective working relationship between the Intake Center responsible for the
initial assessment and verification of need, and the AM that is responsible for management
and oversight of the EHEAEP program.
II. Under this Agreement, the Intake Center agrees to the folfowlng:
A. To accept referrals at large from any elderly individuals in the community experiencing an
energy emergency crisis and in need of assistance.
B. To provide quality service(s) to the EHEAEP applicant.
C. To obtain all documentation required under EHEAEP guidelines in order to establish that an
energy crisis exists and that the applicant meets al/ pertinent eligibility requirements.
D. To maintain the EHEAEP applicant's confidentiality according to 42 CFR 431.301.
E. To fonNard all Information obtained and any required documentation to the EHEAEP
Coordinator at the Alliance for Aglrg Elder Helpline for case approval and proceSSing,
G. To 3dhere 'n the requlrerrents and the policies and procedures outliredn tre EHEAEP
~"anual.
III. Under this Agreement. the Area Agency on Aging agrees to the following:
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IV. Termination
n tre event this agreement is terminated, the Intake Center agrees to submit, at the time notce af ntent
:a terminate :s deli',ered, a c'an ','trich dentlfies procedures to ensure services to ccnsumers :,iil not be
~terruoted or suscended by :re termination,
A. Termination at Vlill
This agreement may be terminated by any party upon no less than thirty (30) calendar days
~atice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with proof
Jf delivery,
B. Termination for Breach
Unless a breach is waived by the area agency in writing, or the parties fail to cure the breach
within the time specified by the area agency, the area agency may, by written notice to the
parties, terminate the agreement upon no less than twenty-four (24) hours notice. Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of delivery.
In witness whereof, the parties have caused this 2 page agreement to be executed by their undersigned
officials as duly authorized.
Area Agency on Aging
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELOERl Y PROGRAM IEHEAEPJ
INTAKE CENTER REFERRAL AGREEMENT
, Flefmal Agreerrenr tetween tre Alliance for AC/inC/, Inc" :re Area-\gercy on Aglrg :AAA) 'or
o annlng and Ser,ee A"a PSA) 11 ard ~ooroe Couot, ''''"oun it, Sue_" rt '" r',' L-", 'Ii ,ia] _ '<'d
:ce rtaKe Center. shail cagln on the dale tre agreerrent has been sgred by bOlh carl es,'ricre'er :s
ater, ThiS referral agreerrents in effecl for a cenod of lirre thai IS equal 10 Ire ntake Car'efs voluntar!
anroilment ,:Jeriod n the EHEAEP program. One'Jurpose of this agreement is to promote tre
:e', e!oprrent of a coordinated serv;oe delivery system to meet the energy needs of the aged. f\notrer
;::'Jroose of this agreements to enable eligible elderly partioipants to access the EHEAEP orogram in a
:omement manner by going 10 Ihe Intake cenler rearest to Iheir place of residence, Bolh parties agree
to and will treat eaoh participant with dignity and respect.
I. Objectives
A. To maintain a climate of cooperation and consultation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
B. To promote programs and activities designed to prev€"~nt the premature institutionalization of
elders and disabled adults.
C. To require the parties of this Agreement to provide technical assistance and consultation to each
other on matters pertaining to EHEAEP benefits and share appropriate information so
duplication may not occur.
D. To establish an effective working relationship between the Intake Center responsible for the
initial assessment and verification of need, and the AAA that is responsible for management
and oversight of the EHEAEP program.
II. Under this Agreement, the Intake Center agrees to the fOllowing:
A. To accept referrais at large from any elderly individuals in Ihe community experiencing an
energy emergency crisis and in need of assistance.
B. To provide quality service(s) to the EHEAEP applicant.
C. To obtain all documentation required under EHEAEP guidelines in order to establish that an
energy crisis exists and that the applicant meets al/ pertinent eligibility requirements.
D. To maintain the EHEAEP applicant's confidentiality according to 42 CFR 431.301.
E. To fonNard all information obtained and any required documentation to tre EHEAEP
Coordinator at the /:;"I/iance fer Aging Elder Helpline for ease approval and processing.
G. To adhere to t'ie req:..wemerts J,nd the pO';eies and prccedures iJ!jUned 1 the EHEAEP
Tanlill
III. Under this Agreement, the Area Agency on Aging agrees to the following:
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IV. Term ination
n :re e',ent this agreerrerts term:rated. :re r:ake Center agrees to subrT':t. at tre tiTe rcree of ntert
to terT/nates celj',ered. a p'an .',hlch denU:es procedures to ensure ser,ices to:;:::rsurrers ,I, i n:;t :e
~:er"'-'o:ed or suscended by :re terrr/natJn,
A. Termination at \i'/:/I
Ths agreement may te terminated by any party upon no less than thirty (30) calendar days
"'otice, '.'i/thout cause, unless a lesser time is mutually agreed upon by both parties, in.'iriting.
Said notice shall be delivered by certified mail, return receipt requested, or in person '.'lith prcof
of delivery.
B. TerminatIon for Breach
Unless a breach is waived by the area agency in Writing, or the parties fail to cure the breach
within the time specified by the area agency, the area agency may, by written notice to the
parties, terminate the agreement upon no less than twenty-four (24) hours notice. Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of delivery.
In witness whereof, the parties have caused this 2 page agreement to be executed by their undersigned
officials as duly authorized.
Area Agency on Aging
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Intake Center
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAEPI
INTAKE CENTER REFERRAL AGREEMENT
-- 5 'lef",,! A~reerr ant ,el'.',een Ire Alliance for Aging. Ine.. ire Area "gerey :n Ac;:rg AAAi 'er
o 3rrlrg ard Ser'l:ce Area PSA) 11 ard"","r_ ';,,,'ory r '--uniJ'y ,upoo" S.rvi,.s, ['o,.r '.'r,
:,'e rlake Canter, srail ceg:n on ire date Ihe a~raement has ceen sgred by beth .oartas.',rrchever s
ater. This referral agreement is In effect for a period of time that .s equal 10 the Irtake Certers,o/cntary
enrol'ment ceriodn Ihe EHEAEP program. One purpose of this agreement is 10 promote the
!eveleprrent of a coordinated ser/ice de'l';ery system to meet the energy needs of the a~ed. Another
"Jrpose of Ihis agreement is to enabte eligible elderly cartlclpants to access Ihe EHEAEP program 'n a
:on';en,ent manner by going to Ihe ,ntake center nearest to their p'ace of residence. 80th parties agree
to and wUI treat each participant with dignity and respect.
I. Objectives
A. To maintain a climate of cooperation and consuitation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
B. To promote programs and activities designed to prevent the premature institutionalization of
elders and disabled adults.
C. To require the parties of this Agreement to provide technicat assistance and consultation to each
other on matters pertaining to EHEAEP benefits and share appropriate information so
duplication may not Occur.
D. To estabtish an effective working relationship between the tntake Center responsible for the
initial assessment and verification of need, and the AAA that is responsible for management
and oversight of the EHEAEP program.
II. Under this Agreement, the Intake Center agrees to the following:
A. To accept referrals at large from any elderly :ndividuals in the community experiencing an
energy emergency crisis and in need of assistance.
8. To provide quality service(s) to the EHEAEP applicant.
C, To obtain alt documentation required under EHEAEP guidelines in order to establish that an
energy crisis exists and that the applicant meets al/ pertinent eligibility requirements.
D. To maintain the EHEAEP applicant's confidentiaiity according to 42 CFR 431.301.
E. To 10eNard alt inf,ormation obta,ned and any required documentalion to Ire EHEAEP
Cccrdinator at tre Alliance for ,j,ging Elder Helpline For caS3 3PPro'/31 and oro:essirg
G. To adhere 10 ,he r3Q'",recnerlsard I,'e DOUe",. '''d .:rccedu"s n '"3 E~ E..IEP
rr 3rT3/.
III. Un dt}r th IS Agreement. the Area Agency on Aging agrees to the fa II o'.'Ii n g:
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IV. Term ination
" 'C= e',ent :,~s a)reee-erl s terrreated. tCe rtake Certer 'grees to sutm t. al tCe :~= ".,: C= Jf," rl
:0 ta"nrate S ered. a :'an :,r S pracedu:es '0 ars'Jre ser.'ces to '.Jr.sJ,r=rs :: I rei :=
:'~9r'L~:ed Jr sLs,cerded by :,'"'e ~errr'''''3~cn,
A. Terrriratcn at \"'://
ThiS agreement may te termina led oy any party upcn n.o less than Ihirty (30) ':o!erdar days
"ot:ce. :::thout cause, unless a tesser time is mutual!y agreed u,on by both parties. 'n writing.
Said no lice shall be delivered by certified mail, return receipt requested, or in Derson ',V1th proof
Jf delivery.
B. TerminatIon for Breach
Unless a breach is waived by the area agency in writing, or the parties fail to cure the breach
',vithn the time specified by the area agency, the area agency may, by written notice to the
parties, terminate Ihe agreement upon no less than twenty,four (24) hours notice, Said notice
shall be delivered by certified mail, relurn receipt requested, or in person with proof of delivery,
tn witness whereof, the parties have caused this 2 page agreement to be executed by their undersigned
officials as duly authorized.
Area Agency on Aging
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33070
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.\ TTACH:\fE~T S
OLTREACH OFFICES
The following Outreach Offices provide LIHEAP services:
Lower Kevs
The Historic Gato Cigar Factory
1100 Simonton Street. Suite 1-200
Key \Vest. Florida 33().-m
305-292-4408 (phone)
305-295-4376 (fax)
County Served: '\lonroe County
:\Iiddle Kevs
Marathon Government Annex
490 63n1 Street Ocean, Suite 190
Marathon, Florida 33050
305-289-6016 (phone)
305-289-6317 (fax)
County Served: Nlonroe County
epper Kevs
Plantation Key Government Center
88770 Overseas High\vay, Suite # 1
Tavernier, Florida 33070
305-852-7125 (phone)
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Countv Sen ed: .\ Ionroe Countv
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\YRITTE~ COST .\.LLOCA TIO~ PL.\.~
. \ttached please find \ronroe County Social Services \Vritten Cost
.\.lIocation Plan for the administering of the Low fncome Home Energy
.\.ssistance Program (LIHEAP).
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
8-18-2010
Division: _County Administrator
Bulk Item: Yes X
--
No
Department: Social Services/In-Home Services_
Staff Contact Person/Phone #: Sheryl GrahamlX45I 0
AGENDA ITEM WORDING: Approval of the ofthe Home and Community Based Case
Management Referral Agreement between the Florida Department of Children & Families and the
Monroe County Board of County Commissioners (Social Services/In-Home Services Program) for
State Fiscal Year (SFY) July 1, 2010 to June 30, 2011.
ITEM BACKGROUND: Approval of the Home and Community Based Waiver Case Management
Referral Agreement will enable Monroe County In-Home Services to continue providing services to
Monroe County's disabled adult population under the Home and Community Based ServiceslMedicaid
Waiver program.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Home and Community
Based Case Management Referral Agreement (7-1-09 to 6-30-10) on 8-19-09.
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Approx.$13,OOO.OO_INDIRECT COST: _-O-_BUDGETED: Yes -XNo_
COST TO COUNTY: $0 (No Cash Match Required) SOURCE OF FUNDS: CCDA State
Medicaid-Waiver Funds
REVENUE PRODUCING: Yes No X- AMOUNT PER MONTH Year
APPROVED BY: County Atty -L OMB/Purchasing ~Risk Management _X_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Department of Children &
Families
Contract # Home and Community
Based Case Management Referral
Agreement 10-11
Effective Date: 7/1/2010
Expiration Date: 06/30/2011
Contract Purpose/Description: Approval of Home and Community Based Waiver Case Management Referral
Agreement between the Florida Department of Children & Families and the Monroe County Board of County
Commissioners (Social Services/In-Home Services Program) for State Fiscal Year (SFY) July 1,2010 to June 30,
2011.
Contract Manager:
Sheryl Graham
(Name)
For BOCC meeting on 8/18/09
4510
(Ext.)
Community Services/Stop 1
(Department/Stop #)
Agenda Deadline:
08/03/09
CONTRACT COSTS
Total Dollar Value of Contract: approx. $13,000.00
Budgeted? Yes X No Account Codes:
Grant: approx. $ 13,000.00
County Match: $-0-
Current Year Portion:
125 - 6153710 -
-- -
Estimated Ongoing Costs: $
(Not included in dollar value above)
/yr
ADDITIONAL COSTS
For:
(eg. Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Division Director
Changes
Yes
Risk Manag-ement \
~ 1,'\
'i7
O.M.B./Pur asmg
Yes
Yes
No
County Attorney
Yes
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
1 ~:::,~',;~': (:.:~'~",,":;.~~~'17:~'~
:~
~ ,
'=';=
ADULT PROTECTIVE SERVICES
HOl'vIE AND COivLYIUr-.1TY BASED WAIVER
CASE l'vIANAGEJ\1ENT REFERRAL AGREENIENT
This Referral Agreement made this day of July, 2010, between the Florida Department of
Children and Families' (DCF) Southern Region Adult Protective Services Program Office, and
Monroe County In-Home Services hereinafter referred to as "case management agency", details the
responsibilities and the expectations associated with the Medicaid Waiver for State Fiscal Year
(SFY) 2010-2011. The case management agency is a Medicaid Waiver case management agency.
This Referral Agreement is in effect from the date of signature, through SFY 2010-2011 for as long
as the Medicaid waiver case management agency remains enrolled with the State of Florida's
Medicaid fiscal agent. Case management agency noncompliance, nonperformance, or unacceptable
performance under this agreement may require a corrective action plan addressing the problems
identified by state agency Quality Assurance Reviews. Failure of case management agencies to
adhere to the Florida Department of Children and Families' guidance on eligibility and referral for
services may result in recoupment of program funds or case management agency dis-enrollment as a
Medicaid Waiver program case management agency.
The purpose of this agreement is to enable eligible disabled adult participants to receive case
management services from qualified case management agencies with oversight of the quality of care
by the Florida Department of Children and Families' Southern Region Adult Protective Services
Program Office and the Medicaid Waiver Specialist employed by the Department of Elder Affairs
(DOEA). These services are authorized in order that the participant may remain in the least
restrictive setting and avoid or delay nursing home placement. Services and care are to be furnished
in a way that fosters the independence of each participant and facilitates an increased functional
capacity. All parties agree that routines of care provision and service delivery must be consumer-
driven to the maximum extent possible. All parties agree to and will treat each participant with
dignity and respect.
1. Objectives
A. To maintain a climate of cooperation and consultation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
B. To participate together by means of shared information in the development and expansion
of services.
C. To promote programs and activities designed to prevent the premature institutionalization
6f dlsab1e.d adults.
D. To provide technical assistance to and consultation between agencies on matters
pertaining to actual service delivery and share appropriate assessment information and
care plans to avoid duplication.
E. To establish an effective working relationship between the case management agency, and the
Florida Department of Children and Families Southern Region Adult Protective Services
Program Office (DCF); the case management agency being responsible for the development
of care plans and authorization of services available under the waiver, the case management
1
agency being responsible for the direct provision of those services to consumers served under
the waiver program, and the Florida Department of Children and Families being responsible
for management and oversight of the waiver program.
II. Under this Agreement, the DCF Southern Region Adult Protective Services Office agrees to
the following:
A. To provide technical assistance and training to the case management agency.
B. To provide or to assist the Medicaid Waiver Specialist in providing annual on site
monitoring of the case management agency and, when applicable, conduct the same
monitoring of Southern Region DCF staff performing case management activities, using
the approved DOEA Medicaid waiver programmatic monitoring tool.
C. To monitor and project case management agency expenditures.
D. To conduct telephone screenings on all new referrals requesting services through the
ADA-HCBS Medicaid waiver within the time frames set forth in the Adult Services Wait
List Policy guidelines, and using the Adult Services Screening for Consideration for
Community-Based Programs; CF-AA1022.
E. To accept all Budget Entity Team referrals for face-to face assessments.
F. To complete all initial face-to-face assessments on all pre-screened individuals referred
by the Budget Entity Team for service consideration and program application, using the
Adult Services Client Assessment, CF-AA 3019.
G. To maintain an accurate and current active waiver case list.
H. To notify, on a timely basis, the Adult Protective Services Central Office budget staff of
all waiver service terminations, service increase requests and atypical monthly
expenditure trends with regards to the terms of this Agreement.
III. Under this Agreement, the Case Management Agency agrees to the following:
A. Adhere to the Florida Department of Children and Families' (DCF) guidance on eligibility
and referral for services, as established through the Aged and Disabled Adult (ADA) Waiver
Handbook policy and the ADA Waiver format 1915.
B. Assign qualified case managers in accordance with the Aged and Disabled Adult
Medicaid Waiver Handbook to provide case management under the Medicaid Home and
Community Based Waiver for Aged and Disabled Adults.
C. Explain to each individual requesting consideration for ADA-HCBS Medicaid waiver
services that the Medicaid waiver program maintains a centralized Waiting List on which
the individual will be placed according to his or her score received through the Adult
Services Screening for Consideration for Community Based Services.
D. Supply all new disabled adult referrals (individuals requesting Aged and Disabled Adult
Home and Community Based Waiver services) with the name of a DCF Adult Protective
unit for the individual to pursue service consideration and program screening.
E. Maintain and permit Southern Region Adult Protective Services Program Office access
to:
1. A current and accurate log of all Medicaid waiver claims, activities and payments by
individual consumer;
2. A listing of each Medicaid waiver consumer served by full name, Social Security ID
2
and Medicaid ID;
3. Current (within one year) Consumer Care Plans indicating present authorized
service(s) and cost analysis by service on each waiver consumer serviced through this
contract; and,
4. Current log of consumer terminations of service (if applicable) with cost analysis of
the terminated consumer's unexpended care plan budget, date of termination and
reason for termination.
F. Develop and implement the Plan of Care, which must be signed by the consumer, that
specifically outlines:
1. The consumer's health conditions and treatments;
2. Challenges and impediments to the consumer's daily living functionality identified by
the assessment and to be addressed with the Plan of Care;
3. Service(s) authorized;
4. The frequency and intensity of the arranged service interventions;
5. Service gaps;
6. Expected outcomes to be achieved;
7. Cost analysis, by service, of those service units authorized for consumer delivery;
and,
8. The formal and informal support persons (agencies) responsible for delivering both
the DCF funded services authorized by the case manager and all other non-DCF
funded services.
G. Reevaluate the Plan of Care at least every six months.
H. Minimally reassess the client annually or more often if significant changes in the client's
situation warrant, with the Adult Services Client Assessment Instrument and amend the
Plan of Care accordingly. Make the required changes to authorized services and/or
service case management agencies as needed.
1. Adhere to the policies and procedures as outlined in the following manuals published by
the Agency for Health Care Administration: Aged and Disabled Adult Waiver Guidelines
and the Medicaid Case management agency Reimbursement Handbook (Non-
Institutional 081), including any and all attachments or updates.
J. Provide to the Agency for Health Care Administration, by the 15th of each month, a
completed Case management agency Monthly Report Form, CF-AA 1119, which is a
detailed expenditure report showing the number of clients served, defined units and type
of services provided, cost of each service unit, number of units of service provided,
totaled monthly cost of services delivered, and a year to date total cost of services
delivered. This report will also include the number of active clients at the beginning of
the month, the number added and deleted during the month, and the final count at the end
of the month.
L. Issue written service authorizations to subcontracted service case management agencies
with at least 24 hours notice. The authorization will contain at a minimum:
1. Client's name;
2. Client's address (with directions if not easily accessible);
3. Pertinent information regarding client's health or disabilities and living situation; and,
4. Detailed service description including frequency, duration and specific tasks to be
3
performed.
M. Evaluate quality of services and service documentation by the subcontracted service case
management agency.
N. Hold the Florida Department of Children and Families harmless from financial
responsibility for service claims found out of compliance if they are the result of a failure
by the case management agency to update, renew, or terminate a client care plan or
service authorization. Nothing herein shall extend liability beyond what is established in
Section 768.28, Florida Statutes.
O. Perform semi-annual administrative monitoring of subcontracted service case
management agencies for adherence to authorized care plans and authorized
reimbursement rates.
P. Develop and implement a policy to ensure that its employees, board members, and
management will avoid any conflict of interest or the appearance of a conflict of interest
when disbursing or using the funds described in this agreement or when contracting with
another entity which will be paid by the funds described in this agreement. A conflict of
interest includes, but is not limited to, receiving, or agreeing to receive, a direct or
indirect benefit, or anything of value from a service case management agency, consumer,
vendor, or any person wishing to benefit from the use or disbursement of funds. To avoid
a conflict of interest, the case management agency must ensure that all case management
agency staff, volunteers, and board members bound by this service agreement make a
disclosure to the undersigned case management agency of any relationship which may be
a conflict of interest, within thirty (30) days of original appointment or placement on a
board, or if the individual is serving as an incumbent, within thirty (30) days of the
commencement of the contract.
Q. Follow-up with the undersigned on all billing errors identified by the Agency for Health
Care Administration and/or the DCF Southern Region Adult Protective Services Program
Office to ensure that all void or adjustment claims are submitted no later than 45 days
after each billing error has been identified by either party. Any case management agency
error not adjusted or voided within 45 days may be adjusted or voided by the Agency for
Health Care Administration or Florida Department of Children and Families' Southern
Region Adult Protective Services Program Office. The case management agency's
refusal to adjust or void erroneous claims will result in termination of this agreement.
R. If required by 45 CFR Parts 160, 162, and 164, the following provisions shall apply [45
CFR 164.504(e)(2)(ii)]:
(a) The case management agency hereby agrees not to use or disclose protected
health information (PHI) except as permitted or required by this Agreement, state
or federal law.
or disclosure of PHI other than as provided for by this Agreement or applicable
law.
(c) The case management agency agrees to report to the department any use or
disclosure of the information not provided for by this Agreement or applicable
4
law.
(d) The case management agency hereby assures the department that if any PHI
received from the department, or received by the case management agency on the
department's behalf, is furnished to case management agency's subcontractors or
agents in the performance of tasks required by this Agreement, that those
subcontractors or agents must first have agreed to the same restrictions and
conditions that apply to the case management agency with respect to such
information.
(e) The case management agency agrees to make PHI available in accordance with 45
C.F.R.164.524.
(f) The case management agency agrees to make PHI available for amendment and to
incorporate any amendments to PHI in accordance with 45 c.F.R. 164.526.
(g) The case management agency agrees to make available the information required
to provide an accounting of disclosures in accordance with 45 c.F.R. 164.528.
(h) The case management agency agrees to make its internal practices, books and
records relating to the use and disclosure of PHI received from the department or
created or received by the case management agency on behalf of the department
available for purposes of determining the case manager's compliance with these
assurances.
(i) The case management agency agrees that at the termination of this Agreement, if
feasible and where not inconsistent with other provisions of this Agreement
concerning record retention, it will return or destroy all PHI received from the
department or received by the case management agency on behalf of the
department, that the case management agency still maintains regardless of form.
If not feasible, the protections of this Agreement are hereby extended to that PHI
which may then be used only for such purposes as make the return or destruction
infeasible.
(j) A violation or breach of any of these assurances shall constitute a material breach
of this Agreement.
S. Adhere to the Adult Protective Services' Preliminary In-house Procedures for transferring
a Medicaid waiver consumer and the consumer's budget from one circuit to another at the
IV. Support to the Deaf or Ha.rd-of-Hearing
(a) The case management agency and its partners, subcontractors, and
agents shall comply with section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter
referred to as Section 504) and the Americans with Disabilities Act of
5
1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35
(hereinafter referred to as ADA).
(b) The case management agency shall, if the case management agency
or any of its partners, subcontractors, or agents employs 15 or more
employees, designate a Single-Point-of-Contact (one per firm) to
ensure effective communication with deaf or hard-of-hearing customers
or companions in accordance with Section 504 and the ADA. The name
and contact information for the case management agency's Single-
Point-of-Contact shall be furnished to the department's Southern
Region Adult Protective Services Program Office Administrator within
14 calendar days of the effective date of this requirement.
(c) The case management agency shall, within 30 days of the effective
date of this requirement, contractually require that its partners,
subcontractors and agents comply with section 504 and the ADA. A
Single-Point-of-Contact shall be required for each partner,
subcontractor or agent that employs 15 or more employees. This
Single-Point-of-Contact will ensure effective communication with deaf
or hard-of-hearing customers or companions in accordance with
Section 504 and the ADA and coordinate activities and reports with the
case management agency's Single-Point-of-Contact.
(d) The Single-Point-of-Contact shall ensure that employees are aware of
the requirements, roles & responsibilities, and contact points
associated compliance with Section 504 and the ADA. Further,
employees of the case management agency, its partners,
subcontractors, and agents with 15 or more employees shall attest in
writing that they are familiar with the requirements of Section 504 and
the ADA. This attestation shall be maintained in the employee's
personnel file.
(e) The case management agency's Single-Point-of-Contact will ensure
that conspicuous Notices which provide information about the
availability of appropriate auxiliary aids and services at no-cost to the
deaf or hard-of-hearing customers or companions are posted near
where people enter or are admitted within the agent locations. Such
Notices must be posted immediately, but not later than 30 days after
the signing of the agreement, with respect to the current case
management agency (partners, subcontractors, and agents). The
approved Notice can be downloaded through the Internet at:
htto ://www.dcf.state.fl.us/adm in/iq/civil riqhts. shtm I.
(f) ThecasemanagE'ment . agency and its partners,...subcontractor5, and
agents shall document the customer's or companion's preferred method
of communication and any requested auxiliary aids/services provided in
the customer's record. Documentation, with supporting justification,
must also be made if any request was not honored. The case
management agency shall submit Compliance Reports monthly, not
later than the 15th day of each month, to the department's Southern
Region Adult Protective Services Program Office Administrator. The
6
case management agency shall distribute Customer Feedback forms to
customers or companions, and provide assistance in completing the
forms as requested by the customer or companion.
(g) If customers or companions are referred to other agencies, the case
management agency must ensure that the receiving agency is notified
of the customer's or companion's preferred method of communication
and any auxiliary aids/service needs.
V. Termination
In the event this agreement is terminated, the case management agency agrees to submit, at the
time notice of intent to terminate is delivered, a plan which identifies procedures to ensure
services to consumers will not be interrupted or suspended by the termination.
A. Termination at Will
This agreement may be terminated by either party upon no less than thirty (30) calendar days
notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of deli very.
B. Termination for Breach
Unless a breach is waived by the Florida Department of Children and Families in writing or
the parties fail to cure the breach within the time specified by the Florida Department of
Children and Families, the Florida Department of Children and Families may, by written
notice to the parties, terminate the agreement upon no less than twenty-four (24) hours notice.
Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery.
In witness whereof, the parties have caused this 7 page agreement to be executed by their
undersigned officials as duly authorized.
Florida Department of Children
and Families Southern Region
Adult Protective Service
Program Office
Monroe County In-Home Services
Signature
Signature
Sylvia J. Murphy
Print Name
Title
Mayor
Title
8-18-10
7
:, HtH,d.. O~"'.l'"I.,'U/'t)l, of
; Chiklr~n.& Farrullon
i
.1..
ADULT SERVICES
HOME AND COMMUNITY BASED WAIVER
CASE MANAGEMENT REFERRAL AGREEMENT
This Referral Agreement made this I st day of July, 2009, between the Florida Department of
Children and Families' (DCF) Circuit 11 Program Office, and Monroe Co. In-Home Services
hereinafter referred to as "case management agency", details the responsibilities and the expectations
associated with the Medicaid Waiver for State Fiscal Year (SFY) 2009-20 I O. The case management
agency is a Medicaid Waiver case management agency. This Referral Agreement is in effect from
the date of signature, through SFY 2009-2010 for as long as the Medicaid waiver case management
agency remains enrolled with the State of Florida's Medicaid fiscal agent. Case management agency
noncompliance, nonperformance, or unacceptable performance under this agreement may require a
corrective action plan addressing the problems identified by state agency Quality Assurance
Reviews. Failure of case management agencies to adhere to the Department of Children and Families'
. guidance on eligibility and referral for services may result in recoupment of program funds or case
management agency dis-enrolIment as a Medicaid Waiver program case management agency.
~ The purpose of this agreement is to enable eligible disabled adult participants to receive case
management services from qualified case management agencies with oversight of the quality of care
by the Florida Department of Children and Families' Circuit 1 I Program Office and the Medicaid
Waiver Specialist employed by the Department of Elder Affairs (DOEA). These services are
authorized in order that the participant may remain in the least restrictive setting and avoid or de/ny
nursing home placement. Services and care are to be furnished in a way that fosters the
independence of each participant and facilitates an increased functional capacity. All parties agree
that routines of care provision and service delivery must be consumer-driven to the maximum extent
possible. All parties agree to and will treat each paliicipant with dignity and respect.
I.
A.
B.
C.
D.
E.
Objectives
To maintain a cl imate of cooperation and consultation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
To participate together by means of shared information in the development and expansion
of services.
To promote programs and activities designed to prevent the premature institutiona/jzalion
of disabled adults.
To pro'lide technical assistance to and consultation between ~W"flCie;; on matters
pertammg to actual service delivery and share appropriate assessment information and
care plans to avoid duplication.
To establish an effective working relationship between the case management agency, the
service case management agency, and the florida Department of Children and Falllilies; the
case management agency being responsible for the development of care plans and
authorization of services available under the waiver, the case management agency being
responsible for the direct provision of those services to consumers served under the waiver
program, and the Department being responsible for management and oversight of the waiver
I
c ~
program.
If. Under this Agreement, the Circuit (Regional) Program Office agrees to the following:
A. To provide technical assistance and training to the case management agency.
B. To provide or to assist the Medicaid Waiver Specialist in providing annual on site
monitoring of the case management agency and, when applicable, conduct the same
monitoring of circuit DCF staff performing case management activities, using the
approved DOEA Medicaid waiver programmatic monitoring tool.
C. To monitor and project case management agency expenditures.
D. To conduct telephone screenings on all new referrals requesting services through the
ADA-HCBS Medicaid waiver within the timeframes set forth in the Adult Services Wait
List Policy guidelines, and using the Adult Services Screening for Consideration for
Community-Based Programs; CF-AA1022.
E. To accept all Budget Entity Team referrals for face-to face assessments.
F. To complete all initial face-to-face assessments on all pre-screened individuals referred
by the Budget Entity Team for service consideration and program application, using the
Adult Services Client Assessment, CF-AA 3019.
G. To maintain an accurate and current active waiver case list.
H. To notify, on a timely basis, the Adult Services Central Office budget stafT of a11 waiver
service terminations, service increase requests and atypical monthly expenditure trends
with regards to the terms of this Agreement.
Ifl. Under this Agreement, the Case Management Agency agrees to the following:
A. Adhere to the Department of Children and Families' guidance on eligibility and referral fi)r
services, as established through the Aged and Disabled Adult (ADA) Waiver Handbook
policy and the ADA Waiver format 1915(c).
B. Assign qualified case managers in accordance with the Aged and Disabled Adult
Medicaid Waiver Handbook to provide case management under the Medicaid Home and
Community Based Waiver for Aged and Disabled Adults.
C. Explain to each individual requesting consideration for ADA-HCBS Medicaid waiver
services that the Medicaid waiver program maintains a centralized Waiting List on which
the individual will be placed according to his or her score received through the Adult
Services Screening for Consideration for Community Based Services.
D. Supply all new disabled adult referrals (individuals requesting Aged and Disabled Adult
Home and Community Based Waiver services) with the name of a DCF Adult Services
counselor and the phone number to the nearest DCF Adult Services unit for the
1. A current and accurate log of all Medicaid waiver claims, activities and payments by
individual consumer;
2. A listing of each Medicaid waiver consumer served by full name, Social Securily ID
and Medicaid ID;
3. Current (within one year) Consumer Care Plans indicating present authorized
service(s) and cost analysis by service on each waiver consumer serviced through this
'1
L..
contract; and,
4. (unent log of conSllmer terminations of service (if applicable) with cost analysis of
the terminated consumer's unexpended care plan budget. dak of termination and
reason for tem1ination.
F. Develop and imt>lement the Plan of Care, which must be signed by the COnS1Jmer, that
succi f'ically outl1l1es:
1. 'j le consumer's health conditions ard treatments;
2. Challenges and impediments to the consumer's daily living functionality identified by
the assessmeLt and to be addressed with the Plan of Care;
3. Service(s) authorized;
4. The frequency and intensity of the arranged service interventions;
5. Service gaps;
6. Expected outcomes to be achieved;
7. Cost analysis. by service, of those service units authorized for consumer delivery;
and,
8. The fOffi1al and informal support persons (agencies) responsible for delivering both
the DCF funded services authorized by the case manager and all other non-DCF
funded services.
G. Rt>evaluate the Plan of Care at least every six months.
H. Mmimally reassess the client annually or more often if significant changes in the c1ienl.s
situation warrant, with the Adult Services Client Assessment Instrument and amend the
Plan of Care accordingly. Make the required changes to authorized services and/or
service case management agencies as needed.
1. Adhere to the policies and procedures as outlined in the following manuals published by
the Agency for Health Care Administration: Aged and Disabled Adult Waiver Guidelines
and the Medicaid Case management agency Reimbursement Handbook (Non-
Institutional 081), including any and all attachments or updates.
J. Provide to the Agency for Health Care Administration, by the 15th of each month, a
completed Case management agency Monthly Report Form, CF-AA 1119, which is a
detailed expenditure repOli showing the number of clients served, defined units <:md type
of services provided, cost of each service unit, number of units of service provided,
totaled monthly cost of services delivered, and a year to date total cost of services
delivered. This report wiII also include the number of active clients at the begiruling of
the month, t: le number added and deleted during the month, and the final COUllt at the end
of the month.
K. Refer clients to the qualified direct service case management agency as selected by the client,
whenever reasonable and possibk.
L. Issue written service authorizations to subcontracted service case management agencies
2. Client's address (with directions ifnot easily accessible);
3. Pertinent information regarding client's health or disabilities and living situation; and,
4. Detailed service description including frequency, duration and specific tasks to be
performed.
M. Evaluate quality of services and service documentation by the subcontracted service case
management agency.
~;. Hold the Department of Children and Families hannkss from fil13ncial responsibility for
3ervice c1am1s'ound out of comrliance if they arC' the result of a failure by the case
management agency to updat~, rene\v, or tc"minat-.: a client C~lre pL::m or service
authorization.
O. Perform semi-annual administrative monitoring of ~l:bcontracted service CQ,e
management agencies for adherence to 3uthorizedcare pbns and authorized
reimbursement rates.
P. Develop and implement a policy to ensure that its employees, board members, and
man~'6ement will avoid any conflict of interest or the appearance of a contliet of interest
when disbursing or using the funds described in this agreement or when contn'lCting with
another entity which will be paid by the funds described in this agreement. A cOlllJict of
interest includes, but is not limited to, receiving, or agreeing to receive, a direct or
indirect benefit, or anything of value from a service case management agency, consumer,
vendor, or any person wishing to benefit from the use or disbursement of funds. To avoid
a confl ict of interest, the case management agency must ensure that all case management
agency staff, volunteers, and board members bound by this service agreement make a
disclosure to the undersigned case management agency of any relationship which may be
a conflict of interest, within thirty (30) days of original appointment or placement on a
board, or if the individual is serving as an incumbent, within thirty (30) days ofth~
commencement of the com ract.
Q. Follow-up with the undersigned on all billing errors identified by the Agency for Health
Care Administration and/or the Circuit DCF office to ensure that all void or adjustment
claims are submitted no later than 45 days after each billing error has been identified by
either party. Any case management agency error not adjusted or voided within ,15 days
may be adjusted or voided by the Agency for Health Care Administration or Florida
Department of Children and Families' Circuit Program Office. The case management
agency's refusal to adjust or void erroneous claims will result in termination of this
agreement.
R. If required by 45 CFR Parts 160, 162, and 164, the f1)lIowing provisions shall apply [45
CFR 164.504(e)(2)(ii)]:
(a) The case management agency hereby agrees not to use or disclose protected
health information (PHI) except as permitted or required by this Agreernem, state
or federal law.
(b) The case management agency agrees to USe appropriate safeguards to prevent use
or disclosure of PHI other than as provided for by this Agreement or applicable
law.
disclosure of the information not provided for by this Agreement or applicable
law.
(d) The case management agency hereby assures the depmiment that if any PHI
received from the department, or received by the case management agency on the
4
department's behalt~ is furnished to case managemcllt agency's subcontractors or
agents in the performance of tasks requireu hy this Agreement, tbar those
subcontractors or agents must first have agreed to the same restrictions :md
conditions that apply to the case managen,cnt agency with respect to
information.
(i') The case management agency agrees to make PHI avaihble in accordance with 45
C.F.R. 164.524.
(f) The case management agency agre.:s to make PHI available for amendment and to
incorporate any amendments to PHI in accordance with 45 C.F.R. 164.526.
(g) The case management agencyagrees to make available the information ftluired
to provide an accounting of disclosures in accordance with 45 C.F.R. 164.528.
(h) The case management agency agrees to make its internal practices, books and
records relating to the use and disclosure of PHI received from the department or
created or received by the case management agency on behalf of the department
available for purposes of determining thp. case manager's comp1ianc~ with tbese
assurances.
(i) The case management agency agrees that at the termination of this Agreement, if
feasible and where not inconsistent with other provisions of this Agreement
concerning record retention, it will return or destroy all PHI received il'om the
department or received by the case management agency on behalf of the
department, that the case management agency still maintains regardless of form.
If not feasible, the protections of this Agreement are hereby extended to that PHI
which may then be used only for such purposes as make the return or destruction
infeasible.
CD A violation or breach of any of these assurances shall constitute a material breach
of this Agreement.
S. Adhere to the Adult Services' Preliminary In-house Procedures for transferring a
Medicaid waiver consumer and the consumer's budget from one circuit to another at the
consumer's request.
IV Termination
Tn the event this agreement is terminated, the case management agency agrees [0 subrnit, at the
time notice of intent to terminate is delivered, a plan which identifies procedures fO ensure
services to consumers will not be interrupted or suspended by the terminatioll.
A. Termination at Will
"
J
This agreement m1Y be terminated by either party lIpe n no kss than thirty ( caiendar days
notice, without cause. unless a lesser time is mutually agreed upon b.- borh panies. in \' riting.
Said notice shall b~ delivered hy certified mail. return receipt requested, or in person \virh
proof Gf delivery.
3. Termination for Breach
Unless a breach is waived by the Florida Department ofChjldr~n and Families in writing or
the parties fail to cure the breach within the time specified by the Florida Departnent of
Children and Families, the Florida Department of Children and Families may. by written
notic(' to the pal1ies, terminate the agreement upon no less than twenty-four (24) hours notice.
Saidlotice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery.
In witness whereof, the parties have caused this 6 page agreement to be executed by their
undersigned officials as duly authorized.
Florida Department of Children
and Families Circuit 11
Program Office
Monroe Co. In-Home Services
George Neugent _
Print Name
Mayor
8-19-09
Date
Date
() ~:nfL~.1
i\\!I~:~ ,(, .tJ1
6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Division:
Emergency Services
Bulk Item: Yes ~
No
Department: Fire Rescue
Staff Contact Person: Camille Dubroff
AGENDA ITEM WORDING: Approval of Resolution authorizing the write-off of qualified Monroe
County resident waivers from the trauma air ambulance account receivables in the total amount of
$150,437.61.
ITEM BACKGROUND: On May 20, 2009 Resolution No. 152-2009 was passed granting a fee
waiver policy for trauma star billing trauma scene and interfacility flights to Monroe County residents
once third party payments have been received. This is for trauma air ambulance flights that have
occurred after November 4, 2008. This Resolution approves the 'V\Trite off of the attached 'list of Monroe
County residents accounts who have qualified to receive & waiver of out of pocket expenses on air
ambulance flights in the amount of $150,437.61. (See attached Exhibit A).
PREVIOUS RELEVANT BOCC ACTION: On May 20,2009 the Board approved Resolution No.
152-2009 adopting a fee waiver policy and process for trauma star billing for trauma scene and critical care
interfacility flights for qualifying Monroe County residents for flights that occurred after November 4,
2008.
:~
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as written.
TOTAL COST:
N/A
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL I>REFERENCE:
N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No ~ \ AMOUNT PER MONTH Yeat"
APPROVED BY: County Atty()\ / o~U~aSing _ Risk Manageme~~ -
DOCUMENTATION: Included ~. Not Required
DISPOSITION:
Revised 07/09
AGENDA ITEM #
Emergency Services
RESOLUTION NO. -2010
A RESOLUTION OF THE
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AUTHORIZING
THE WRITE-OFF OF TRAUMA AIR AMBULANCE .
RESIDENT WAIVER ACCOUNTS RECEIVABLE
WHEREAS, Momoe County Fire Rescue Services provides trauma air ambulance service; and
;-6',.
WHEREAS, on May 20,2009 the Board approved Resolution No. 152-2009 adopting a fee waiver
policy and process for trauma star air ambulance billing or trauma scene and critical care interfacility flights
for qualifying Momoe County residents for flights that occurred after November, 42008; and
WHEREAS, the attached accounts have applied for the resident waiver; and
WHEREAS, the Board of County Commissioners of Momoe County contracts with Advanced Data
Processing, Inc. (AD PI) for trauma air Ambulance Billing and Related Professional Services; and
WHEREAS, a report was provided by Advanced Data Processing, Inc. on these accounts and it was
determined that all third party payments have been received and applied to their accounts, that the balances
constituted the amount remains after all third party payments had been credited to the account; and that,
residents submitted sufficient documentation to qualify for the resident trauma air ambulance waiver; and
WHEREAS, it is desired that these resident waiver trauma air ambulance service accounts
receivable be written off at this time;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOIUDA:
Receivables for resident waiver air ambulance service accounts listed on attached Exhibit A in the
amount of$150,437.61 shall be deleted from the Fine and Forfeiture Fund Account 101-115002.
PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida, at
a regular meeting of said Board held on the day of , 2010.
(SEAL)
. BOARD OF COUNTY COMMISSIONERS OF
YNTHIA L. HALL MONROE COUNTY FLORIDA
ASSIST NT COUNTY ATTORNEY ,
D t 'T- IS- - OlcnO
a e_ _
Attest: DANNY L.KOLHAGE, Clerk
By:
Mayor/Chairperson
By
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18,2010
Division:
Emergency Services
Bulk Item: Yes ~
No
Department: Fire Rescue
Staff Contact Person: Camille' Dubroff
AGENDA ITEM WORDING: Approval of Resolution authorizing the write-off of Fire Rescue air
ambulance accounts receivable for CY 2006, in the total amount of $35,260.00 from the Fine and
Forfeitme Fund Account 101-115002.
ITEM BACKGROUND: Monroe County contracts with Advanced Data Processing Inc., (ADPI) for
air ambulance billing, and after 210 days of inactivity, these accounts were placed with Municipal
Services Bureau, our collection agency, to furthet attempt collection. Once a period of 3 years from the
date of incident has elapsed, and all effOlis of collecting the debt have been exhausted, Monroe County
Finance Department directs we write-off these debts. The attached Resolution requests t~.write-offthe
balances of these accounts, in the total amount of $35,260.00, representing the period of January 2006
through December 2006. (See attached Exhibit A)
These debts represent 3 accounts that it was determined that further collection efforts are fruitless as
insmance has paid the maximum allowable on these claims, and the service recipients are now either:
deceased with no available funds in the estate; in bankruptcy; a minor with no guardian or patient
found; uncollectible balances of MedicaidlMedicare; small exceptions balances; HMO balances;
patient financially indigent (homeless); foreign address; unwarranted transports (transport did not meet
the medical necessity criteria required by Medicaid); and/or refusals to pay. Even though this is written
off for accounting purposes, the collection agency will continue to attempt collections on these
accounts; if payments were to be received, revenue would be reinstated.
~i:""_:'"<-": .
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval as written.
TOTAL COST:
N/A
INDIRECT COST:
BUDGETED: Yes
No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No \ AMOUNT PER MONTH Year
APPROVED BY: County Atty e>> j ~~asing _ Risk Managemeni\N:'
DOCUMENTATION: Included ~ Not Required
DISPOSITION:
Revised 07/09
AGENDA ITEM #
Emergency Services
RESOLUTION NO. -2010
A RESOLUTION OF THE
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AUTHORIZING
THE WRITE-OFF OF FIRE RESCUE AIR AMBULANCE
ACCOUNTS RECEIVABLE FOR CALENDAR YEAR 2006,
WHEREAS, Monroe County Fire Rescue Services provides air ambulance service; and
WHEREAS, the Board of County Commissioners of Monroe County contracts with Advanced Data
Processing, Inc. (ADPI) for Rescue Ambulance Billing and Related Professional Services; and
WHEREAS, after 210 days of billing, accounts are placed with Municipal Services Bureau, a
collection agency, to further attempt collection; and
WHEREAS, once a period of 3 years from the date of the billable incident has elapsed, and all
efforts of collecting the debt have been exhausted, Monroe County Finance Department directs the write-off
ofthese debts; and
WHEREAS, a report was provided by Municipal Services Bureau on accounts that met the above
criteria, and were deemed uncollectible, for the time period of January 2006 through December 2006; and
WHEREAS, a report was provided by Advanced Data Processing, Inc. on accounts that it was
determined that further collection efforts are fruitless as insurance has paid the maximum allowable on these
claims, and the service recipients are now either deceased with no available funds in the estate, in
bankruptcy, a minor with no guardian or patient found, have uncollectible balances of Medicaid/Medicare,
and/or have small exceptions balances for the time period of January 2006 through December 2006.
~t:{'7.._:';
WHEREAS, it is desired that these uncollectible air ambulance service accounts receivable be
written off at this time;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Receivables for air ambulance service accounts listed on attached Exhibit A in the amount of
$35,260.00 be deleted from the Fine and Forfeiture Fund Account 101-115002.
PASSED AND ADOPTED by the Board of Governors, Fire and Ambulance District 1 of Monroe
County, Florida, at a regular meeting of said Board held on the day of , 2010.
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Attest: DANNY L.KOLHAGE, Clerk
By:
Mayor/Chairperson
By
Deputy Clerk
CYNT IA L. HALL
ANT CO~TY ATTORNEY
wzr ... I .... ""J...OI D ~
Exhibit A
Monroe County Fire Rescue Air Ambulance
Account Receivables for August 2010 Write off
Prepared July 14, 2010
Original
balance
(or Balance
when sent to
Acct # DOS collections) Payments Final Balance
These accounts are withADPI
16000201 061120 .11,860.00 f" 0.00 11,860.00
16000302 061122 12,500.00 0.00 12,500.00
16001102 061228 10,900.00 0.00 10,900.00
.............................ADPITQTAC(.:I>35 ,260.001:(' ................0)501........ .... ....... ....35,260;00 I
. :~
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:August 18. 2010
Division:Emergency Services
Bulk Item: Yes L 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 1 O-year disbursement of funds to one eligible participant,
with a monthly benefit of $240.00 commencing September 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 September 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: $28 800.00
INDIRECT COST:
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/ A
COST TO COUNTY: $28.800.00 SOURCE OF FUNDS: LOSAP Trust Fund
Account #14500530360
REVENUE PRODUCING: Yes_ -No l AMOUNTPERMONTH_ Year
~/ if-/ '
APPROVED BY: County Atty 51L OMB/Purchasing _ Risk Management YY1 >
DOCUMENTATION:
Included
Not Required
x
DISPOSITION:
AGENDA ITEM #
Revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Division: Emergency Services
Bulk Item: Yes X No
Department: Fire Rescue
Staff Contact PersonlPhone #: D. Hayes / 6004
AGENDA ITEM WORDING: Issuance of Certificate of Public Convenience and Necessity
(COPCN) to Key Largo Volunteer Ambulance Corps., Inc. (KL V AC) for the operation of an ALS
transport ambulance service.
ITEM BACKGROUND: In August of 2008 a COPCN was issued to KL V AC to operate an ALS
transport ambulance service. This certificate will be expiring on August 24, 2010. In view of the
foregoing KLV AC is applying to renew this COPCN which would become effective August 25, 2010.
PREVIOUS RELEVANT BOCC ACTION: On August 20, 2008 the MCBOCC approved the
issuance of a COPCN to KL V AC for the operation of an ALS transport ambulance service for the
period August 25,2008 through August 24,2010.
CONTRACT/AGREEMENT CHANGES: The current COPCN that KLV AC currently has expires
on August 24,2010. The renewal being applied for will cover the period August 25,2010 through
August 24, 2012.
STAFF RECOMMENDATIONS: The Monroe County Code allows the issuance ofCOPCN for the
purpose of providing essential emergency medical services to the various geographical areas of Monroe
County. The KLV AC complies with the requirements of the said Code and Chapter 401 Florida
Statute, so in view of the foregoing MCFR staff recommends the approval of the renewal of a COPCN
so they can continue to provide these services to their specific area of the County.
TOTAL COST:N/A INDIRECT COST: N/A BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:N/A
SOURCE OF FUNDS:_
REVENUE PRODUCING: Yes~ NoX AMOUNTPERMONTH_ Year
APPROVED BY: COlillly Atty.tl- OMBlPurchasing _ Risk Management _
DOCUMENTATION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18, 2010
Division:
Emergency Services
Bulk Item: Yes ~ No
Department: Fire Rescue
Staff Contact PersonlPhone#: Camille Dubroff X 6010
AGENDA ITEM WORDING: Approval to advertise for bids to provide set pricing for medical
supplies and pharmaceuticals for Monroe County Fire Rescue.
ITEM BACKGROUND: Monroe County Fire Rescue places medical and pharmaceutical supply
orders on an as needed basis through purchase orders for use on the air and ground ambulances. By
going out to bid and entering into a contract, Monroe County will secure the lowest prices on medical
supplies and pharmaceuticals.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as written.
TOTAL COST:
N/A
INDIRECT COST: N/ A
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERNCE
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
NoX
AMOUNT PER MONTH
Year
APPROVED BY: County Atty N/ A
DOCUMENTA TION:
DISPOSITION:
Included
OMBIPurchasing N/ A
Not Required
Risk Management N/ A
AGENDA ITEM #
Revised 07/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Bulk Item: Yes -X- No
Division:
Emergency Services
Department: Emergency Management
Staff Contact PersonlPhone # Jose Tezanos/x6325
AGENDA ITEM WORDING: Approval of Modification #2 to reinstate and extend expiration date of
the FY07 State Homeland Security Grant Program Agreement (SHSGP) 08-DS-60-11-54-01-343, fully
grant funded and no county match, to December 31, 2010, and authorization for the County
Administrator to execute any other required documentation in relation to the application process.
Hfi</
ITEM BACKGROUND: The Division of Emergency Management has awarded Monroe County an
agreement in the amount of $97,411 to provide planning, training and exercises under the State
Homeland Security Grant Program - Issue 10. The period of this grant is July 1, 2007 through June 30,
2010.
PREVIOUS RELEVANT BOARD ACTION: On December 19, 2007 the Board apPf0ved the FY07
State Homeland Security Grant Program Agreement (SHSGP) 08-DS-60-11-54-01-343. On April 21,
2010 the Board approved Modification #1 to extend this grant to June 30, 2010.
STAFF RECOMMENDATIONS: Approval as written.
TOTAL COST: $97.411.00 INDIRECT COST: BUDGETED: Yes ~ No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $ 0.00
SOURCE OF FUNDS: Grant Funds
REVENUE PRODUCING: YeS~NO~ AMOUNTPERMONTH_ Year
APPROVED BY: County Atty.u OMB/Purchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Included X
Not Required_
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract #OS-DS 60-11-54-01-343
Effective Date: July 1, 2007
Expiration Date: Dee ..11,,2010
---,~-,.,.,
Contract Purpose/Description:
Approval of Modification #2 to reinstate and extend expiration date of the FY07 State
Homeland Secmitv Grant Pro!!ram A!!reement rSHSGP) OS-DS-60-11-54-0 1-343 to )J~E~.. 31,
2010, and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Contract Manager: Jose Tezanos 6325 14
(N ame) (Ext.) (Department/Stop #)
for BOCC meeting on Aug IS, 2010 Agenda Deadline: Aug 3, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 97,411
Budgeted? YesO No ~ Account Codes:
Grant: $ 97,411
County Match: $ 0
Current Year Portion: $ 97,411
- - -
~ - 1:;5){)- Gt:t)8'.:lO -=
-
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ADDITIONAL COSTS
Estimated'Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- -
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CONTRACT REVIEW
Date In
Division Director ?/IY'O
Risk Mana~~me~~ 7JJ/'fJ
O~B.IP~a\l:g ~O
County Attorney :;/ (~ !f 0
Comments:
Changes
Needed
YesO NoGY' _
YesO Nor::r
Y esO NOr!J~
YesONo~
Date Out
7-/,(-/i>
+-/~-I()
OMB Form Revised 2/27/01 MCP #2
Contract Number: 08DSK60K11-54-01-343
CFDA Number: 97.067
MODIFICATION #2 TO GRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ("the Division"), and Monroe County Emergency Management ("the Recipient) to
reinstate and modify the Division's Contract Number 08DS-60-11-54-01-343, dated February 22, 2008
(''the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub grant of $97,411 to Recipient; and
WHEREAS, The Agreement expired on June 30,2010; and
~
WHEREAS, the Division and the Recipient desire to reinstate and modify the Agreement
by extending it.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby reinstated as though it had not expired.
2. Paragraph 3, Period of Agreement, is hereby amended to have an expiration
date for the Agreement of December 31,2010. Final requests for reimbursement
should be submitted no later than thirty (30) days after the termination date of the
contract. Any requests received after January 31, 2011 may, in the discretion of
the Division, not be reimbursed from this Agreement.
3. All provisions not in conflict with this Modification remain in full force and effect,
and are to be performed at the level specified in the Agreement.
.,
,:..r..':-"
4. AU provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with this
Modification, effective as of the date of the last execution of this Modification by
both parties.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the
dates set out herein.
RECIPIENT: MONROE COUNTY EMEREGENCY MANAGEMENT
BY:
NAME & TITLE:
DATE:
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY:
NAME & TITLE: David Halstead, Director
DATE:
;, ___ . I
Contract Number: 080S-60-11-54-01-.4.3
CFDA Number: 97.067
FEDERALLY.FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between Hie State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
Monroe County Emergency Management, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds Irom the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
~... < .
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
,,-,f
(1) SCOPE OF WORK.
The Recipient Shall fully perform the obligations in accordance with the Budget and
.Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Allachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1, 2007 and shall end April 30, 2010, unless terminated
earlier in accordance with the provisions of Paragraph (12) 01 this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes-
which are mutually agreed upon shall be valid only when redt.;ged to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's periormance under this Agreement shall be subject to the
federal ACommon Rule: Uniform Administralive Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A- 11 0, "G rants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-S?, "Cost
Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMS'Circular No. A-122, "Cost Principles for Non'profll Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost,reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records
upon request The Recipient shall ensure that audit working papers are made available to the Division
designee, Chief Financial Officer, or Auditor General upon request far a period of five years from the date
the audit report Is Issued, unless extended in writing by the Division with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposilion of nan-expendable personal property valued at
$5,000 or mare at the lime of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after the closing on the transfer of tllle.
2
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c.,
(c) The Recipient shall maintain all records lor the Recipient and lor all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation.ol ~ .
all program costs, in a form sufficient to determine compliance with the requirements and objectives 01 the
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Budget and Scope 01 Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours 018:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT AEQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday_
(c) The Recipient shall also provide the Department and/or the Division with the records,
reports or financial statements upon request for the purposes of auditing and monitoring lhe lunds
awarded under this Agreement.
(d) If the Recipient is a Stale or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its liscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1to this Agreement
indicates Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in Us liscal year, the Recipient shall consider all sources of Federal awards. The
determination of amounts 01 Federal awards expended should be in accordance with the guidelines
3
established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions of OMS Circular A-133, as revised, ~i11 meet the requirements ~.
01 this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C 01 OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions 01 OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions 01 OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (i.e" the cost of such audit must be paid from
Recipient resources Obtained from other than Federal entitles).
(e) Copies of reporting packages for audits conducted In accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office 01 Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to aurilla.parrish@dca,state.fl.us
and
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Division of Emergency Management
Bureau 01 Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number 01 copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1 oth Street
Jeffersonville, IN 47132
4
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMS
Circular A-133, as revised.
(f) Pursuant to Section .320 (I), OMS Circular A-133, as revised, the Recipient sha!!
submit a copy of the reporting package described in Section .320 (e), OMS Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to auri1la.parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement sha!! be submitted timely in accordance with
OMB Circular A.133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-prolit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate
.,
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting pacllage.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with 1he conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Division of a!! funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an Independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
5
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department and the Division no lat~r than nine (9) months
from the end of the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and wllh
a close-out report. These reports shall include the current status and progress by the Recipient and all
subreoipients and subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days after
the end of each quarter of the program year and shall continue lo'be submitted each quarter until
subm ission of the adm inistrative close-out report. The ending dates for each quarter of the program year
are March 31, June 3D, September 30 and December 31.
(c) The close-out report is due 60 days after term ination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Division or are
not completed in a manner acceptable to the Division, the Division may withhold further payments until
they are completed or may take such other aclion as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additional program updates, reports or information
as may be required by the Division.
(8) MONITORING.
The Recipient shall monitor its perlormance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that lime schedules are met, the Budget and Scope of Work, Attachment A Is accomplished within
the specified time periods, and other performance goals stated in Ihis Agreement are achieved. Such
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6
review shall be made lor each function or activity setforth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
~,
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
/'"
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews;investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Division will monitor the performance and financial management by the Recipient
throughout the contraclterm to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as c;lelined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims Or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
7
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of-,the <
Division to make any further payment of funds hereunder shall, lithe Division so elects, terminate and the
,/
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
waiving the right to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient In this Agreement or any
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwilling.to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipientlails to cure said material adverse
change within thirty (30) days from the lime the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
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have been submitted with incorreot, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior wrillen notice of such termination. The notice shall be effeGtive when plaGed in the United
States mail, first class mail, postage prepaid, by registered or Gertilied mail-return reoeipt requested, to
lhe address set forth in paragraph (13) herein;
8
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
/"
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional informat1on from the Recipient 10 determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning 10 advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipienllo reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes u..~der the program laws, rules and regulatlon~ governing the use of funds under this
program.
(f) Exercise any other righls or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
. Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver 01 any other right or remedy of the Division hereunder,
or affect the subsequent exercise 01 the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMiNATION.
(a) The Division may terminate 1his Agreement for cause upon thirty (30) days written
notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with
applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient
to permit public access to any document, paper, letter, or other material subject to disclosure under
Chapter 119, Fla. Stat., as amended.
9
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. '.{
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that the continuation of the Agreement would not produce b~nelicial results .
commensurate with the further expenditure of funds. by providing the Recipient wilh thirty (30) calendar
,/'
days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by wrillen amendment of this Agreement. The amendment shall establish the eltective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement aller the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt or notice of the termination will be disallowed. . Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
Recipient. The Division may, to the extent authori2:ed by law, withhold any payments to the Recipient for
purpose of set-all until such time as the exact amount at damages due the Division from the Recipient is
, :~
determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, cerlified mail. return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Division of Emergency Management.
Bureau of Response Grants Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399.2100
Telephone: (850) 410.1271
Fax: (850) 488-7842
Email: carolvn.washinaton@em.mvflorida.com
10
(0) TIle name ~ln(1 address of the Representative of tile Recipient responsible for the
administration of this Agreemenlls:
Irene Toner, Director
490 63!'d Street, Suite 150
Marathon, Florida 33050
Telephone: 305-289-6065
Fax: 305-289-6333
Emall: toner-lrene@monroecountv-f1.QOV
(d) I n the evenlthat different representatives or add resses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient su bcontracts any or all of the work required under this Agreement, a copy of the
unsigned SUbcontract_must be fOlWarded to the Division for reviewand approval prior to execution oHhe
subcontract by the Recipient. The Recipient agrees to Include In the subcontract that (i) the subcontractor
is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
Jaws and regulations, and (Iii) the subcontractor shalf hold the Division and Recipient harmless against all
claims of whatever nature arisl ng out of the subcontractor's perfonna nce of work under this Ag reement, to
the extent allowed and required by law. Each subcontractor's progress in perfonning its worl~ under this
Agreement shall be documented In the quarterly report submitted by the Recipient.
For each subcontract, the ReCipient shall provide a written statement to the Division as to
whetherthat subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat..
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as If set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the aUachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
11
Attachmen< A - Bu(lget 8n(1 Scope of Worle
Attacllment B - Program statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Wan'a nUes and Representations
Attachment E - Certification Regarding Debamlent
Attachment F - Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursecl for
costs Incurred in the satlsfactaiY perfonnance afworl( hereuncler In an amount not to exceed $97,411
subject to the availability offunds.
(b) Ally advance payment uncler this Agreement Is sUbject to Section 216.181 (16),
Fla.Stat.. and Is contingent upon the Recipient's acceptance of the rights oflhe Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMS Circulars A-S?, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment Is requested, the budget data on which
the request Is based and a justification statement shall be included in this Agreement as Attachmen1 C.
Attachment C will specify the amount of advance payment needed ami provide an explanation of the
necessity for and proposed use of these funds.
1. -2L- No advance payment is requested.
2. _An <ldvance payment of$ Is reqllested.
(c) After the Initial advance, if any, payment shall be made on a reimbursement basis as
needed The Recipient agrees to expencl funds in accor<lance with the Budget and Scope of Work,
Attachment A ofthis Agreement.
If the necessary funds are no! aVailable to fund this Agreement as a result of action by Congress,
the State Legislature, the Office ofthe ChIef Fimmclal Officer, the State Office of Planning and BUdgeting
orthe Federal Office of Management and Bll(lgeting, all obligations on the part ofthe Division to make
.f
12
any further payment 01 funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (3D) days of receipt of notice from the Division.
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs", and mailed directly to the Department at the
following address:
Department of Community Atfairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. StaL, if a check or other draft is returned to the Division for
collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five
Percent (5%) of the face amount of the returned checl< or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent SUbmission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and
13
with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division Irom all its obligations to the Recipient.
(b)
This Agreement shall be construed under the laws of the State of Florida, and
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venue for any actions arising out of this Agreement shall lie in the Circuit Court 01 Leon County. II any
provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent 01 such conllict, and shall be deemed severable, but
shall not invalidate any other provision 01 this Agreement.
(c) Any power 01 approval or disapproval granted to the Division under the terms of
this Agreement shall survive the terms and life 01 this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans Wilh Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entlty in
excess of Category Two lor a period of 36 months from the date 01 being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or slate agency,
and which receives lunds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, 10 the best of its knowledge and belief, that it and its principals:
14
1. are not presently debarred, suspended, proposed lor debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal depart~ent or agency; .
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtai.ning, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicled or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumeraled in paragraph
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient Is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
.~
In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering Into a contract with any
prospective subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapler 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
U) If otherwise allowed under this Agreement. all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Slat.
15
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other rl)aterial subject tq the.
provisions of Chapter 119, Fla. Stat., and made or received by the Recipientin conjunction with this
/'
Agreement.
(I) [f the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the lNA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
. .,
(n)
The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All such meetings shaH be publicly
noticed, open to the public, and lhe minutes of all such meetings shall be public records, availab[e to the
public in accordance wilh Chapter 119, Fla. Stat.
(0) Unless inconsistent with the public interest or unreasonable in cost, all
unmanufactured and manufaclured articles, materials and supplies which are acquired for public use
underthis Agreement must have been produced in the United States as required under 41 U.S.C. 10a.
(21) lOBBYING PROHIBIT[ON
(a) No funds or other resources received from the Division in connection with this
Agreement may be used directly or indirectly to inlJuence legislation or any other official action by the
Florida legislature or any state agency.
16
(b) The Recipient certifies, by Its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contracl, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an ollicer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
,:t
3. The undersigned shall require that the language of this certification be
inoluded in the award documents for all subawards at all tiers (including subcontracts, sUbgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certifioation is a material representation of faot upon which reliance was placed
when this transaction was made or entered into. Submission of this oertification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required oertifioation shall be subjeot to a oivil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
17
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
1.
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services perfQrmed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection w1l1 be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
. :~
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property Which is so disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
aUlhori:2:ed, by resolution or otherwise, the execution and acceptance of lhis Agreement with all covenants
18
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment G.
. >~
19
IN WITNESS WHEREOF. the parties hereto have caused this pgreement to be executed by their
undersigned officials as duly authorized.
SAMAS #
FID#
59-6000-749
MONRO, COUNTY A~. EY
~PROVED ASJ) F ~:
~~-4tJ"t.l ~
NATILEENE W. CASSEL
ASSISTANT.eOU:UY ATTORNEY
Dale .1Q.z'1 C2.;2
A{r'~~~J:&;{i<r. - ,-
t7~s~t( ~,.:\ '..1">\
11f!!/ ~ 'p "j;; X"
. fl/2:f ...."~ 4J'ii','I"'O" ,
~(J{{=::!{'7> ~ . "
t;t} 5((1
\_.:;t;~ ,~, ,~c/
'\:\.. """,~ lJfN-
\\<:~tr.';;:?\;:;;" ,cUlm
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
~
Name and Title: W, Craio FUQate. Director
Date: ~c2~8
/
20
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the
same information shown below for each Federal program and show lolal Federal resources awarded.
Federal Program (lisl Federal agency, Calalog of Federal Domestic Assislance til/e and numbei') -
CFDA #97.067
$97,411
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded 10 Ihe recipient represent more Ihan one Federal program, list applicable
compliance requirements for each Federal program in Ihe same manner as shown below.
Federal Program:
List applicable comp/fance requirements as follows:
1.
Recipient is to use funding to perform the following eligible activities as identified in the United
States Department 01 Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate Fiscal Year 2007-08 State Homeland Security Grant Program
(SHSGP), consistent with the Department of Homeland Security State Strategy.
Recipient is subjeclto all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
.~
2.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may slate that the recipient must comply with a specific law(s}, rule(s), or regulation(s) that
pertains to how the awarded resources must be used or how eligibility determinations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
NOTE: Section .400(d} of OMB Circular A-133, as revised, and Section 215.97(5)(a}, Florida Statutes,
require that the information about Federal Programs and Stale Projects included in Exhibit 1 be provided
to the recipient.
21
Attachment A
Budget and Scope of Work
Proposed Program Budget
Below Is a general budget which oullines eligible categories and their allocation under this award. The Recipient is 10 ulillze the
'Proposed Program Budge!" as a guide for completing the "Budget Detail Worksheet' below.
-~
-~
~
No more than 3% of the lotal award may be expended On Management and Administration costs by the Recipient.
At the discrellon of the Recipient. funds allocated to Management and Administration (as described In Ihe 'Proposed
Program Budget") may be put towards Programmatic costs instead.
The !ransfer of funds between planning, trainIng, exercises and management & administration Is permitted, tor thIs
contracl only, whereas management & administration costs do not exceed 3% of the Recipient's total award.
Slale Homeland Security Grant__
Program - Issue 10
Monroe Counly
Emergency
Management
Planning
Training
Exercises
$94,489.00
Managemenl and Administrallon
(the dollar amount which corresponds to 3% of the
total local agency allocation is shown in the column
on Ihe right. (Only 3% can be allocated for each
IInaltem)
$2,922.00
.~
22
~,.,;--
Budget Det<lil WOI'/(sl1eet
The Recipient is required to provide a completed budget detail worl(sheet, 10 the Division, which accounts for tile lolal award for
issue 10 as doscrlbed in the "Proposed Program Budget".
If any changes need to be made to the "Bu<Jgel Detail Worksheet", after the execution of this contract, contact the contract manager
listed in this conlrllct via emall or retter.
Publio Education/Outreach
Develop and Implement homeland security support programs and adopt
ongoing DHS nallonal Inlliatives
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evatuate Citizen Corps-related volunteer
programs
Hlrlng of lull or part-time staff or contractors/consultanls to assist with
planning activllies (not for Ihe purpose of hiring public safety personnel
fulfilling tradilionel public safely duties)
Conferences to fecllltate pfannIng actlvilies
Materials required to conduct planning activities
TraveVper diem related to planning activities
OvarUme and bacldlll costs - Payment of overtime expenses wlll be
for Wj'}rl( perfol111ed by award (SAA) or sub-award empfoyees In el<Cess
of the established work weele (usually 40 hours) related to the planning
activities for the development and Implamentalton 01 the programs under
HSGP_
I
f7; 9);2. #? 9).?-
.{
vertime g cr emergency preparedness and response
personnel attending G&T-sponsored and approved training classes and
leconlcal assistance programs.
Grantees may also use G&T grant funds to oover overtime and backfill
expenses for part-time and volunteer emergency response personnel
artlcl alin In G&T treinin .
TraInIng Workshops and Conferencea . Grant lunds may be usad to
ptan and condllCl training worl(Shops or conferences to Inctude cosls
related to planning, meeting space and olner meeting costs, facilitation
costs, malerials and supplies, Iravel, and trafnlng pfan development.
Full or f'ert-Tlme Staff orContraclors/C,msul!anls - Full or part-time
staff may be hrred io support training-related acllvltres. Payment of
sa lanes and fringe benefits must be In accordance with the potlcies of
the state or local unfl(s) of government and have the approval of the
stale or the awarding agency, whichever Is applicable. The services of
conlmctors/consultants may also be procured by the stale In the design,
developmenl, conduct, and evaluallon of CBRNE training. The
applicant's fonnal wrltten procurement polley orlila Federal Acquisition
Regulations (FAR) must be followed.
23
Travel. Travel cosls (I.e., alriaro, mileage, per diem, hotel, etc.) are
allowable as e~penses by employees who are on h'avel status for oWctal
business related to the planning and conduct of the training projeot(s) or
for atlending OOP-sponsored courses. These cosls must be ]n
acccrdance with stale law as hlghlighled In the OJP Financial Guide.
States must also folIow slate regulations regarding travel. If a state or
territoI)' does not have a travel policy they must follow federal gUidelines
and rates, as explained in the OJP Financial Guide. For
further Information on federal law pertaining to Iravel costs please refer
to http;/Iwww.ojp.usdoj.gov/RnGulde.
Supplies. Supplies are Items lhat are expended or consumed during
the course of the planning and conduct of Ihe training projeol[S) (e.g.,
copying paper, Qloves, tape, and non-sterile masl<s).
Turtlon for higher eduoatlon
Other Items - These costs Include the rental 01 space/locallons for
planning and conduotlng training, badges, etc.
r
I~!.qttl;rltl ~tmm~~~~ft~
EKerclsl!l Planning Worllshop - Grant funds may be used to plan and
conduot an EKerclse Planning Wort<shop to include costs related 10
planning, meeUng space and other meeting costs, facilitation cosls,
materials and supplies, travel and exercise plan development.
Full or Part-TIme Staff or ContractorslConaullanta - Full or part-lime
slaff may be hired to support 8Kercise-related activilies. Payment of
salaries and fringe benelits musl be in accordance with the policies of
the stale or local unlt(s) 01 governmenl and have the approval of the
s!aIEl. orthea~t~lng<l\lenoy, whichever Is applicable. The services of
contractors/consultanfs maYalso be procured to support the design,
developnient, conduct and evaluation of CBRNE eKercises. The
appllcanfs fonnal wrUten procurement polioy or the Federat Acquls1tlon
Regulations (FAR) musl be followed.
Overtime and bacldlll oosts - Overtime and bacldlll oosts associated
with the design, developmenl and conduotl:>1 CBRNE.exercises are
allc>wable expenses.
I
Grantees may afso use G&T granllunds to cover overtime and backfill
eKpenses for part-time and volunteer emergency response personnel
participating in G&T exercises.
Implementatlon of HSEEP (Homeland Security Exercise and
Evaluation Program
Travel. Travel costs (I.e., airfare, mileage, per diem, hOlel, elc.) are
allowable as expenses by employees who are on travel status lor official
business related to the planning and conducl of the exercise project(s).
These cosls must be In accordance with stale law as highlighted in the
OJP Rnancial Guide. Slates must also 10110w slate regulations regarding
travel. If a state or terrilOI)' does not have a travel policy they must follow
federal guldellnes and mtes, as explained In the OJP Financial Guide.
For further Infonnatlon on federal law pertaining to trevel oosls please
refer to hUp:llwww.ofp.usdoj.gov/FlnGulde.
Supplles - Supplies are items that are expendad or consumed during
the course of the planning end conduct of the exercise prolect(s) (e.g.,
copying paper, gloves, tape, non.sterlle maslts, and disposable
protective equipment).
24
'If, 1'89
.,
L/~f89
Othel' Items - These costs include Ul!! 'ental of spaceAocations for
eJ:erc]se planning and ccndllCt, e~ercise signs, bMges, etc.
tlfrlng of full-time Or part-lime staff or conlractorllfconsultants:
~. To assist with the management of the FY 2007 SHSGP
~. To assist. with design, requirements and the Implemenlafion of the
FY 2007 SHSGP
<I. To asslst with Ihe implementation and administration of the State
Homeland Securtly Strategy, as it may relate 10 the FY 2007
SHSGP
Hiring of full-time or part-time stafr or contractorslconsuUants and
expanses mlnled 10:
,j. HSGP pre.appllc.atlon submission management activities and
appllcatlon requirements.
.;1. Meetlng compliance wijh reporllngfdata collection requirements,
including data calls.
Development of operating plans for Information collecl!on and
processing necessary to respond to DHSIOOP dsta calls.
Overtlmo and bacltllll costs - Overtime expenses are defined as the
result of personnel who worlled over and above their normal scheduled
dally Or weeldy warlesd time In the performance of G&T - approved
activities. B.acldill Costs elso called 'Overtime as Bacldllr are de~ned as
expenses from the result of personnel who are worl(ing overtime In
order 10 perform the duties of other personnei who ara temporartly
assigned to G&T - approved acllvltles outside (heir oore responsibilities.
Neither overtime nor backflll expenses are the resull 01 an Increase of
Full - Time Equivalent (FTEs) employees. These costs ars allowed only
to the exlent lhe paymenl for such services Is In accordance with the
policies 01 the state or unlt(s) 01 local govemment and has the approval
of the state or the awarding agency, whichever Is applicable. In no case
Is dual oompensation allomble. ThaI Is, an employee'of a unIt of
government may nol receive compensation lrom their un!! or agency 01
government AND Irom an award for a single period of lime (e.g.. t :00
pm to 5:00 pm), even though such work may benefit both activllles.
Fringe benefit_ on overtime hours are limited 10 Federal Insurance
Contributions Aot (FICA), Worl(ers' Compensation and Unemployment
Com en_allan.
Travel expenses
Meellng-related expenses (For a complete list of allowable meeting-
related expenses, please review the OJP Fimrnciel Guide al
http://WM'I.ojp.usdoj.gov/FlnGulde).
Acquisition of authorl%ed olRce equipment, Including personal
computers, laptop compulern, prlnters, LCD projectors, and olher
equipment or software whloh may be required 10 supporllhe
Implementation of the homeland security slralegy.
. .,
The follOWing are allowabte only withIn the contracl period:
.J. Recurring laes/charges associated with certain equipment, such as
cell phones. faxes, etc,
~- Leasing and/or renting of space for newly hired personnel 10
administer programs will1in FY 2007 SHSGP.
TOTAL tJ7., .tfll
25
Scope of Work
Funding is provided to perform eligible activities as identified in the Office for Domestic Preparer;lness.
Fiscal Year 2007 State Homeland Security Grant Program (SHSGP), consistent with the Department 'of ~.
Homeland Security, National Preparedness Directorate. Eligible activities are outlined in the Scope of
Work for each category below:
I. Categories and Eligible Activities
Issue 10. Planning, Training and Exercises for Local and Regional Efforts
FY 2007 SHSGPt Issue 10, allowable costs are divided into the following categories: planning,
trai.ning and exercises. In addilion, management and administration costs are also
allowable. Management and administration costs may not exceed 3% of the Recipient's total
award.
A. Planning
Developing and implementing homeland security support programs and adoptfng
DHS natlonallnltlatlves including but not limited to the following:
Costs associated with implementing the National Preparedness Goal and Guidance
Costs associated with implementing and adopting NIMS
Costs associated with complying with the requirements for the National
Preparedness System (NPS) that includes jurisdictional review of the Target
Capabilities List (TCL)
Costs associated with modifying existing incident management and EOPs to ensure
proper alignment with the NRP coordinating structures, processes, and
Establishing or enhancing mutual aid agreements
Developing communicalions and interoperability protocols and solutions
Conducting local, regional, and tribal program implementation meetings
Developing or updating resource inventory assets in accordance to typed resource
definitions issued by the NIC
Designing state and local geospatial data systems
Developing related critical infrastructure terrorism prevention activities including:
o Planning to enhance security during heightened alerts, durin 9 terrorist incidents,
and/or during mitigation and recovery
o Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils
o Citizen Corps activities in communities surrounding critical infrastructure sites,
including Neighborhood Watch, VIPS, and other opportunities for citizen
participation
o Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites
o CIP cost assessments, including resources (financial, personnel, etc.) required
for security enhancements/deployments.
Developing related terrorism prevention activlties including, including but not limited
to the following:
Planning 10 enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery.
Multi-discipline preparation across first responder community, including EMS for
26
response to catastrophic events and acts of terrorism.
. Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, webpostings coordinated tl1rougb
local Citizen Corps Councils. .
. Citizen Corps volunteer programs and.other activities to strengthen citizen
participation. /"
. Conducting public education campaigns, including promoting individual, family
and business emergency preparedness; promoting the Readycampaign; and/or
creating State, regional or local emergency preparedness efforts that build upon
the Ready campaign.
Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites.
. CIP cost assessments, including resources (e.g., financial, personnel) required for
security enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
Developing or enhancing EOPs and operating procedures.
. Developing terrorism prevention/deterrence plans.
geveloping plans, procedures, and requirem ents for the management of
infrastructure and resources related to HSGP and implementation of State or Urban
Area Homeland Security Strategies.
. Developing or enhancing border security plans.
Developing or enhancing cyber security plans.
Developing or enhancing cyber risk mitigation plans.
Developing or enhancing agriculture/food security risk mitigation, response, and
recovery plans.
Developing public/private sector partnership emergency response, assessment, and
resource sharing plans.
Developing or updating local or regional communications plans.
Developing plans to support and assist special needs jurisdictions, such as port
authorities and rail and mass transit agencies.
. Developing or enhancing continuity of operations and continuity of government
Plans.
Developing or enhancing existing catastrophic incident response and recovery plans
to include and integrate Federal assets provided under the NRP.
. Developing or enhancing evacuation plans.
. Developing or enhancing citizen surge capacity.
. .{
Developing or conducting assessments, including but not limited to:
Conducting point vulnerability assessments at critical infrastructure sites/key assets
and develop remediation/security plans.
Conducting cyber risk and vulnerability assessments.
Conducting assessments and exercising existing catastrophic incident response and
recovery plans and capabilities to identify critical gaps that cannot be met by existing
local and State resources.
Activities that directly support the identification of specific catastrophic incident
priority response and recovery projected needs across disciplines (e.g. law
enforcement, fire, EMS, public health, behavioral health, public works, agriculture,
information technology, and citizen preparedness).
Actlvities that directly support the identification of pre-designated temporary housing
sites.
27
B. Training
Funds may be used to enhance the capabilities of State and local emergency
preparedness and response personnel through development df a State homeland
security training program. Allowable training-related costs include: 1. Establishment of
support for, conduct of, and attendance at preparedness training programs within existing
training academies/institutions, universities, or junior colleges. Preparedness training
programs are delined as those programs related to prevention, protection, response, and
or recovery from natural, technical, or manmade catastrophic incidents, supporting one or
more Target Capabilities in alignment with national priorities as stated in the Goal.
Examples of such programs include but are not limited to CBRNE terrorism, critical
infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and
backfill costs associated with attendance at G&T-sponsored and approved training
classes and technical assistance programs. SHSP may also be used for training citizens
In awareness, prevention, protection, response, recovery skills.
Reimbursement Requirements. In order to be reimbursed the following steps must be
completed:
Submit invoices for all costs
· Requests for backfill must be accompanied by proof of payment to the payee
. "Requests for overtime must be accompanied by timesheets indicating the extra hours
worked and proof of payment to the payee
. Submit copies of the sign in sheets from the training
c.
EKercises
Funds may be used to design, develop, conduct, and evaluate exercises that:
"{
Provide homeland security preparedness personnel and volunteers a venue to
practice prevention, protection, response, and recovery activities.
Evaluate prevention and response plans, policy, procedures, and protocols, including
NIMS and NRP.
Assess the readiness of jurisdictions to prevent and respond to terrorist attacks.
Encourage coordination with surrounding jurisdictions in prevention, protection,
response, and recovery activities.
Implementation of HSEEP, including developing and maintaining a self-sustaining
State Homeland Security Exercise and Evalualion Program that is modeled on the
national HSEEP.
Exercises conducted with ODP support (grant funds or direct support) must be managed
and executed in accordance with the Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for
designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can
be found at ODP's website at http://www.ojp.usdoj.gov/odp/exercises.htm. Volume IV,
which contains sample exercise materials and documents, can be found on ODP's
Secure Portal at https:/fodp.esportals.com or hllp://www.llis.gov.
Exercise Scenarios. The scenarios used in SHSGP-funded eKercises include
catastrophic events, provided that they also build capabilities that relate to terrorism and
based on the State or Urban Area Homeland Security Strategy and plans. Acceptable
scenarios for exercises include: chemical, biological, radiological, nuclear, explosive,
cyber and agricultural. Grantees that need further clarification on scenarios should
consult with their State Exercise Manager for assistance and/or approval. Fifteen all-
hazards National Planning Scenarios, including 12 terrorism scenarios, have been
28
developed, and will be made available for use in national, federal, state, and local
homeland security preparedness activities (See HSPD-8: National Preparedness on page
49). Citizen participation in exercises is encouraged to include backlilling non-
professional tasks for first responders deployed on exercise, administrative and logistical ~ :
assistance with exerclse Implementation, and providing simulated victims, press, and
members 01 the public. Citizen participation iltexerclses should be coordinated with local
Citizen Corps Councll(s). If a state or urban area wllf be hosting an upcoming special
event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a
venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or
UASI funding to fund training and exercise activities in preparation lor that event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises
(FSEs) will be evaluated and performance based. An After Action Report (AAR) and
Improvement Plan will be prepared and submitted to the State following every TTX, drill,
FE, and FSE. AAR/IPs must be provided to the State within 30 days tollowing completion
of each exercise (see HSEEP Volume II, Appendix A).
All tabletop exercises (TTXs), drills, lunctional exercises (FEs), and full-scale exercises
(FSEs) will be evaluated and performance based. An After Action Report (AAR) and
Improvement Plan will be prepared and submitted to the State following every TTX, drill,
FE, and FSE. AAR/IPs must be provided to the State within 45 days following completion
of e~ph exercise (see HSEEP Volume II, Appendix A).
Reimbursement Requirements. In order to be reimbursed the following steps must be
completed:
· All exercises must be posted on the National Exercise Schedule on the HSEEP web
site hUps:flhseep.dhs.oov/toolkit.htm . They must be approved by the Exercise
Administrative Authority for the state before they will be eligible for reimbursement.
. Submit invoices for all costs
. Requests for bacldill must be accompanied by proof of payment to the payee
Requests for overtime must be accompanied by timesheets indicating the extra hours
worked and proof of payment to the payee
Submit an Exercise Plan or Situation Manual along with completed After Action
Report with Improvement Plan
Submit copies of the sign in sheets from the exercise
.~
D. Management and Administration - no more than 3% of each sub-reciplent's total award
may be expended on Management and Administration costs by the sub-recipients.
Hiring of full.time or part-Ume staff or contractors/consultants:
To assist with the management of Ihe FY 2007 SHSGP
To assist with design, requirements and the implementation of the FY 2007 SHSGP
To assist with the implementation and administration of the Stale Homeland Security
Strategy, as II may relale to the FY 2007 SHSGP
Hiring of full-time or part-time staff or contractors/consultants and expenses
related to:
Meeting compliance reporting/data collection requirements, Including data calls
Development of operating plans for information collection and processing
necessary to respond to OHS/ODP data calls
29
Overtime and backfill costs - Overtime expenses are defined as the result of personnel
who worked over and above their normal scheduled daily or weekly worked time in the
performance of G&T - approved activities. Bacldill Costs also called "Overtime as -
Backfill" are defined as expenses from the result of personnel who are working overtime
in order to perform the duties of other personf}el who are temporarily assigned to G&T-
approved activities outside their core responsibilities. Neither overtime nor bacldHl
expenses are the result of an increase of Full - Time Equivalent (FTEs) employees.
These costs are allowed only to the extent the payment for such services Is in
accordance with the policies of the state or unil(s) of local government and has the
approval of the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single
period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both
activities. Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related expenses,
pleaae review the OJP Financial Guide at hUa:llw:ww.oip.usdol.Qov/FinGuide).
Acquisition of authori:z:ed office equipment, including:
Personal computers
Laptop computers
Printers
LCD projectors, and
Other equipment or software which may be required to support the implementation of
the homeland security strategy
The following are allowable only within the period of performance of the contract:
Recurring fees/charges associated with certain equipment, such as cell phones,
faxes, etc.
Leasing and/or renting of space for newly hired personnel to administer programs
within the FY 2007 SHSGP
E. Unauthori:z:ed Expenditures
Expenditures for items such as general-use software (word processing, spreadsheet,
graphics, etc.)
General-use computers and related equipment
General-use vehicles
Licensing fees
Weapons systems and ammunition
Construction or renovation of facilities that would have been reasonably necessary
due 10 non-terrorist threats
Activities unrelated to the completion and implementation of the SHSGP
Other items not in accordance with the Authorized Equipment List or previously listed
as allowable costs
Recurring Costs
Funding may not be used to supplant ongoing, routine public safety activities of state
and local emergency responders, and may not be used to hire staff for operational
activities or backfill
30
F. Overtime and Backfill Guidance
Overtime: Expenses incurred by those personnel who, as a result of G&T-approved
activities, are performing over and above their normal, scheduled work hours or worK, ~
week.
Backflll (also called Overtime as Backfill): Expenses incurred by those personnel who
are working over and above their normal, scheduled work hours, or work week, in order
to perform the duties of other personnel who are temporarily assigned to G&T-approved
activities outside their core responsibilities. The OJP OC does not distinguish between
Overtime and Overtime as Backfill - they are both viewed as overtime regardless of
whether the individual has performed more hours in their normally assigned place of duty
or If the overtime accrued as a result of being re-assigned to a different place of duty,
Overtime and backfill do not result in an Increase of full-time employees (FTEs).
II. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections In
order to stay abreast of initiatives being hlghllghted by DHS and to comply with associated
program requirements.
A. National Incident Management System (NIMS)
NIMS~ provides a consistent nationwide approach, for federal, state, territorial, tribal, and
local governments to work effectively and efficiently together to prepare for, prevent,
respond to, and recover from domestic incidents, regardless of cause, size or complex1ty.
Since FY 2007 is a critical year for inllial NIMS adoption, the Recipient should start now
by priorllizing FY 2007 preparedness assistance (in accordance with the ellgibllity and
allowable uses of the grant) to facilitate its implementation.
1,
Minimum FY 2007 NIMS Compliance Requirements
.~
Incorporating NIMS into existing training programs and exercises;
Completion of the NIMCA8T tool
Ensuring that federal preparedness funding supports NIMS implementation
(in accordance with Ihe eligibility and allowable uses of the grants);
Incorporating NIMS into emergency operations planning;
Promotion 01 mutual aid agreements; and,
Institutionalizing the use of the incident Command System (ICS),
2. Local units of government should support NIMS implementation by:
Having relevant personnel complete the NIMS Awareness Course:
These independent study courses are available on-line and will take between
forty-five minutes to three hours to complete. The course is available on the
Emergency Management Institute web page at: hUp:/Itraininq.fema,Qov
Formally recognizing NIMS and adopting NIMS principles and policies.
The NIC will provide sample language and templates to assist in formally
adopting NIMS through legislative and/or executive/administrative means.
Establish a NIMS baseline by determining which NIMS requirements are
already satisfied. The NIC is developing a web-based sell-assessment
system, the NIMS Capability Assessment Support Tool (NIMCAST) to
evaluate their incident response and management capabilities. The NIC is
currently piloting the NIMCAST with a limited number of states. Upon
completion oflhe pilot, the NIC will provide all potential future users wilh
voluntary access 10 the system.
31
3. FY 2007 Requirements
In order for Ihe State to receive FY 2007 preparedness funding, the cOf!lpliar:!ce
requirements described above must be met Additional information about NIMS ~
compliance and resources for achieving compliance will be forthcoming from the
NIC. The NIC web page, hUp://www.fema.qov/nims, will be updated regularly
with NIMS information and implementation guidance.
Note: All FY 2007 Homeland Security Grant Program Grant Guidance can be
found at hUp:/!www.oip.usdoi.qov/odD/docs/tv2007hsqp.odf
B. National Preparedness Svstem (NPS)
The NPS provides a tool to assist jurisdictions, agencies, and organizations at all levels
to plan lor, assess, and track capabilities in a shared environment. It integrates various
efforts to provide the comprehensive picture of preparedness and progress toward
achieving the Goal. Recipients are responsible for/and required to report data into this
developing system.
C. Monitorim:!:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the slate and local capability and capacity to prevent, prepare and respond
to terrorist threats since 1999 through various funding sources including federal grant funds. As
the steward of the State Homeland Security Grant Program funds, projects and equipment the
Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the
status of the grant activity and items purchased.
, :~
The monitoring process detailed in this document is designed to assess a recipient agency's
compliance with applicable state and lederal guidelines. The FDEM is responsible for monitoring
the programmatic and capability portion 01 the grant to include equipment procurement and
compliance with applicable SHSGP grant guidance.
Monitoring is accomplished utilizing various methods including desk monitoring and sile visits.
There are two primary areas reviewed during monitoring activities - financial and
programmatic/capability. Financial monitoring is the review of records associated with the
purchase and disposition 01 property, projects and contracts. Capability review is the observation
01 equipment purchased, protocols and other associated records. Various levels of financial and
programmatic review may be accomplished during this process.
Desk monitoring is defined as the review 01 projects, financial activity and technical assistance
between the program office and the applicant via e-mail and telephone. Site visits are defined as
actual visits to the recipient agency's location by a leam or members of the FDEM or their
designee, to actually observe records, procedures and equipment.
Frequencv of annual monitorinQ activitv:
Each year the FDEM will identify up to 50% of sub grantees for site visit monitoring.
Examples of areas that mav be examined include:
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
" 32
Status and number of exercises
Status 01 planning activity
Anticipated projected completion
Specific dilliculties completing the project.
Agency NIMS compliance documentation
/
In certain circumstances, the FDEM may be requeste'd to provide additional
monitoringlinlormation il the activity, or lack there of, on the part 01 the specific recipient has
generated questions Irom the region, the sponsoring state agency or the FDEM leadership. The
method of gathering this information will be determined on a case-by.case basis.
Desl< monitoring is an on-going process. Agency recipients will be required to participate in desk
top monitoring on an annual basis and as determined by the SAA. The agency recipients will
compete and submit the desk top monitoring within 30 calendar days of receipt. This contact wlll
provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the
SAA determines that a recipient is having difficulty complellng their project.
As dilllculties/deliciencies are identified, the respective region or sponsoring agency will be
notilied by the program office via email. Information wlll include the grant recipient agency name,
year and project description and the nature of the issue in question. Many of the issues that arise
may be resolved at the regional or sponsoring agency level. Issues that require further TA will be
referred to the FD EM for assistance. Exam pies of T A include but are not limited to;
~ Equipment selection or available vendors
~ Eligibility of items or services
};. Coordination and partnership with other agencies within or outside the region or
discipline.
.-'_.J:
Site Visits
Site visits will be conducted by the FDEM or their designated personnel. Site visits will be
scheduled in advanced with the recipient agency POC designated in the grant agreement.
Monitoring questionnaires wili be provided in advance of the visit
The FDEM wlll also conduct coordinated financial and grant file monitoring. These monitoring
visits will be coordinated with the capability review visits. Subjecl matter experts from other
agencies within the region or state may be called upon to assist in the form of a peer review as
needed. .
AlIlIndings related to the capability review will be documented and maintained within the FDEM.
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM:
The site visits will begin with those grantees that are currently spending or have completed
spending for that federal fiscal year (FFY). Site visits may be combined when geographically
convenient. There is a site visit checklist to assist in the completion of all required tasks.
Site Visit Preoaratlon
A lelter will be sent to recipient agency POC stating Ihe purpose of the site visit and sent at least
30 calendar days before the planned arrival date. FDEM personnel will call within the next 10
calendar days to schedule an appointment to review the grantee's program.
The physical location of any equipment located at an alternate site should be confirmed with a
representative from that location and the address should be documented in the grantee folder
before the site visit.
33
The appointment should be confirmed wilh the grantee In writing (emaH Is acceptable) and
documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding
folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit.
Copies of applicable documents will be made and distributed to the site visit team at a minimum
of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members
and the recipient POC one business day in advance of the site visil.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted.
During this time, the purpose of the site visit and the items FDEM intends to examine will be
identified. If financial monitoring visit will be conducted, they will then explain their objectives and
will proceed to perform the financial review.
FDEM personnel will review allliles and supporting documentation. Once the supporting
dccumentation has been reviewed, a tour/visuallspot inspection of equipment will be conducted.
Each item should be visually inspected wheJ:lever possible. Bigger items (computers, response
vehicles, eta,) should have an asset decal (information/serial number) placed in a prominent
location on each piece of equipment as per recipient agency requirements. The Serial number
should correspond with the appropriate receipt to confirm purchase. Photographs should be taken
of the equipment (large capitol expenditures in excess of $1,000. per item).
II an item is not available (being used during time of the site visit), the appropriate documentation
must be provided to account for that particular piece 01 equipment. Once the tour/visual/spot
inspection of equipment has been completed, the FDEM personnel will then conduct an exit
conference with the grantee to review the findings.
,>4:
Other programmatic issues can be discussed at this time, such as missing quarterly reports,
payment voucher/reimbursement, equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the
Financial Review Team, if applicable.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the
grantee explaining any issues and corrective actions required or recommendations. The grantee
will submit a Corrective Action Plan within a timeframe as determined by the SAA. The Site Visit
Worksheet, report and photographs will then be included in the grantee's file along with any
documents distributed at the site visit by the grantee.
34
III. Reporting Requirements
A. Quarterlv Proqrammatic Reportinq:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting
periods (March 31, June 30, Septem ber 30 and December 31 ) for the I ife of this contract.
If a report(s) is delinquent, future financial reimbursements will be withheld until the
Recipient's reporting is current.
Pro rammatic Re ortin Schedule
Re ort!n PerIod
Re art due to DEM no later than
A rH30
Jul 31
October 31
October 1throu h December 31
Januar 31
Proqrammatic Reportinq: Information to Report On
After the end of each reporting period, forthe life of the contract, the Division will provide
a Biannual Strategy and Implementation Report worksheet to the Recipient Point of
Contact listed in this contract. This worksheet will contain all of the information that the
Recipient needs to report on. The Recipient is to complete this worksheet in Us entirety
and email the finished product to the programmatic contact listed below. The first
worksheet will be available after the July 1 - September 30, 2007 reporting period.
.~
B. Reimbursement Requests:
A request for reimbursement may be sent to your contract manager for review and
approval at anytime during the contract period. The Recipient should include the
category's corresponding line item number in the "Detail of Claims" form. This number
can be found in the "Proposed Program Budgef'. A line item number is to be included for
every dollar amount listed in the "Detail of Claims" form.
C. Close.out ProQrammatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later
than 60 days after the contract is either completed or the contract has expired.
IV. Programmatic Point of Contact
Contractual Point 01 Contact Programmatic Point of Contact
Carolyn Washington Nicole Stanley
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-21 00
(850) 410-1271 (850) 410-3457
carolvn. washinnton@em.mvflorida.com Nicole.Stanlev@em.mvflorida.com
35
V. Contractual Responsibilities
The FDEM shall determine eligibility of projects and approve changes in scope of work.
The FDEM shall administer the 'financial processes.
. ..~
36
Attachment B
Program Statutes and Regulations
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
31)
32)
53 Federal Register 8034
Federal Acquisition Regulations 31.2 and 031.2
Section 1352, Title 31, US Code
OMS Circulars A-21, A-a7, A-110, A-122
Chapter 473, Florida Statutes
Chapter 215, Florida Statutes
Section 768.28, Florida Statutes
Chapter 119, Florida Statutes
Section 216.181 (6), Florida Statutes
Cash Management Improvement Act Of 1990
American with Disabilities Act
Section 112.061 , Florida Statutes
Immigration and Nationality Act
Section 286.Q11 , Florida Statutes
E.O, 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part66, Common rule,
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stal. 975
Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
Juvenile Justice and Delinquency Prevention Act. or the Victims of Crime Act
28 CFR applicable to grants and cooperative agreements
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
42 USC 3789(d), or Victims of Crime Act (as appropriate);
Tille Viol the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended;
Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
Title IX of the Education Amendm ents of 1972;
the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
28 CFR Part 42, Subparts C,D,E, and G
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
Federal Acquisition Regulations 31 ,2 and 931.2
"
37
.'
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
/'
REClPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on whloh the request Is based must be submitted. Any advance payment
under this Agreement is subJect to s. 216.181(16), Fla. Stat. The amount whIch may be advanced shall
not exceed the expected cash needs of the recipieiiTWlffiiii the initial three months.
I J ADVANCE REaUESTEO
[ ] NO ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefils to clients, duplioate forms
and purchase start.up supplies and equipment. We would not be
able to operate the program without this advance.
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is reqUired.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (8) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2004-2005 2005-2006 2006.2007
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
. .,
FIrst three months expenditures need only be provided for the years In which you requested an advance. If
you do not have this lnfarmatlon, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $ :;
Cell 03 OEM Award MAXIMUM
(Do not Include any match) ADV ANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DCAJDEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstanoes below,
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
38
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional
pages if needed. .
ESTIMATED EXPENSES
BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
([nclude Secondarv Administration.)
PROGRAM EXPENSES
TOTAL EXP.ENSES
EX/J[anation of Circumstances:
, --~
39
Attachment D
Warranties and Representations
Financial Manaqement
/"
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this projecl or program
(2) Records that identify adequately Ihe source and application of funds for all actlviHes. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Ae'quest For Payment. Whenever
appropriate, linancial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of Ihis grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
. .~
Comoetition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or dralt specifications, requirements, statements of work, invitations for bids and/or requests for
proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder
or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recl pient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fullill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so,
40
"
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
contlict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct sh~1I provide for disciplinary actions to be applied forviolations of such standards by officers,
employees, or agents of the recipient
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8:00 AM to 5:00 PM. Monday through Friday.
Licensina and Permiltina
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
, .~
41
.'
Attachment E
Contractor Covered Transactions
(1) The prospective contractor 01 the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation 10 th is form.
CONTAACTOA:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
42
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-SJ, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 use 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authori~ed representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, an~ other administrative requirements.
7. It will insure that the tacilities under its ownership, lease or supervision which shall be utili~ed In the
. accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office at Federal Activities indicating that a facility to be used in the project is
under consideration tor listing by the EP A.
8. It will comply with the Hood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31,1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an'area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. II will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 use 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible tor inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
43
10. It wil! comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 196B, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide -for ~"
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 1 B, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetlanp Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors wlll comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); TllIe VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX olthe Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 at seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG.FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented al2B CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
44
/
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:August 18, 2010
Division: County Administrator/Airports
Bulk Item: Yes l
No
Department: Florida Kevs Marathon Airport
Staff Contact PersonlPhone #: Reggie Paros/x6060
AGENDA ITEM WORDING: Approval to waive Purchasing Policy and accept written price quote
from David Lee Roofing & Sheetmetal, Inc to clean, prepare, and coat the roof of an existing 9-bay
shade hangar, in the amount of $29,975.00.
ITEM BACKGROUND: The subject 9-bay shade hangar is owned by Monroe County and leased to
Marathon Flying Club. The lease requires the County to maintain and repair the structure; the existing
roof leaks. Several roofing contractors were contacted and asked to provide written price quotes for
repair. Only two responded, those being: David Lee Roofing & Sheetmetal, Inc., Tavernier, FL and
Steve Nagy Enterprises, Glenwood, FL. David Lee Roofing is the lower of the two however, both
quotes, copies attached, exceed the $25,000 purchasing level for total dollar amount for written price
quotes. Approval to waive purchasing policy requiring competitive bids due to the minimal difference
of the written price quote and the applicable purchasing level and in the interest of effectuating the
repairs in a timely manner to minimize further deterioration of the roof and prevent possible damage to
the aircraft stored in the hangar.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:$29,975.00INDIRECT COST: 0.00
BUDGETED: Yes lNo
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: $29,975.00
SOURCE OF FUNDS: Airport Operating Funds
REVENUE PRODUCING: Yes
No X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty n/a OMBIPurchasing n/a Risk Management _ n/a
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
08/02/2010 10 01 FAX
DHvit.l Lee Roufing & Sheetmetul, Ine
PO Box 9494
Tavernier. FL 33070
Name I Addre88
Ken Luhlcin
')4UO Overseas Hwy.
MaraThon, 1"1 33050
Project
I4l 000 1 /000 1
Estimate
D~te Estimate"
7/1/1.010
Q610 revi~c
E51imale Expiration Date
Description
HANGF.RS ON AVIATION R1.V. MARATHON
AJI pl<lnf;~ mu~t be moved out of hangers before any work can bo done
OPTION I
]) Clcan and prep cxi.~tlng roof, corrcct Icnk~
2) Cual wuf with I1sphdlt tllastomerit; primer \;oat
]) Coul rilol"wilh 2 wul, ,,1"~luslolll~rilC whil~ lini,h !.:'''"
Thi, lCurric, II J )'ellr wurri.lllly uguirlslllJl)' lellk."
UPTIUN 2: ~ettClr Warmnty. ::;alllCl pl'ice
I) CllClHl um] pr~r <:xislill!l roof
2) Coat roof with IUUO/O acrylic primmer se31er
3) COill ruof wilh 2 (;l'i1I~ uf i~l'bt:rg pn;rnillfll 100% anyli(; fOof paint
This (;i1J"ri<l1; n :'i ycnr wnrmllly n{;ilillBI nllY Ic"kH
(Jcl1cml Rootil1B
Soo;" rkpllSil
Balance Due Upon Completion
Phone N
Filx#
305-664-5936
305-664-5937
10/1/2010
Hallil,cl<; 011 Avinrjc1Il Blv, MllrlllhulI
T ota I
David Lee Roofing:
Client's 8lgnature:
Total
j-
21),1)75.00
!2'J,'J7~,OU
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Steve Nagy Enterprises
P.O. 80:)( .220105
Glenwoodl Florida 32722-0105
305-216-4717
'\-ag~t\ 1t'(,66 II ':thoo.com
(I '2(.'201 0
Florida h:,'~;s \Iaratholl Aiqllll.t
IJ.tOO o \('I"S ('a " J I iglm ;l~
\Iarathon. Florid:l JJO:;i1
\tln: Reggie Paros. :~iqlOr( '''wage-r
t i )1'1" '''d \, PIIH"i' ,n' ('In jll \ -, P;I-I~::! <11 \ L ';1 :h','n \' qHd
~ ~._ _.~~..~..~" ,~... - .__.I.~ ~._. 0" .". _ .__ ._. ..." ~.. ."__._ _ __ _ _ ."._ _ ~ _ _ _ _ _ _ _.n _ ~._. _.
I. Comph.trly rf'mm.(' any and all asphaltir and silirollr producls fnJoIll roofing surf.lce.
., Pr('-tn;,at an~. ,and all ru..t,'fl :ll'{';\" of mofjll~ ~,"rfacr\. If\ith TOPPS Rf ST-\ RRfST.
3. Install 7' splicr/span panel<; at ('ach of 12 latit-udill:l! se:lIm.
.t Remove and replace any and all decn'pit fasteners.
5. Complrtely pr('ssur(' wash entire nwtal roofill~ ""rfan'.
6. Complet{'ly seal all latitudinal seams with TOPPS -POL VPRE'\ r.
- Completel~ seal each longitudinal seam and fastener with TOPPS RIVET-Gl 'AR[
("aulking.
8. Spny apply 2 (two) coats of TOPPS SEAl.. solvent ba~('d rubber to entire roofill~
surface.
9. Remove any and all roofing related debris from premises.
10. Provide TOPPS warranty for completed lIlwratiolls.
n n \1 H H,,; \ U \ I \ i I f\ 1 \ I "" ...... j) I \ BO H
'" \ I{ \ i 'f': i.; ~ '\ I "
I 0-' I. \ H \ '- \1< H \ '\ .1 '\ -
~~..: _.:;~.q
,1111
'-4;';. "xn.~ll'
Florida State Certi'fied General Contractor CGC1515299
Florida State Certified Roofing Contractor CCC0.52480
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18.2010
Division: County Administrator
Bulk Item: Yes -X- No
Department: Office of Management & Budget
Staff Contact PersonlPhone #: Ernie Coughlin X4315
AGENDA ITEM WORDING:
Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated
revenue.
ITEM BACKGROUND:
See attached schedule of items.
PREVIOUS RELEVANT BOCC ACTION:
See attached schedule of items.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/ A
SOURCE OF FUNDS:N/A
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
APPROVED BY: County Atty lL OMBlPurchasing X
Risk Management N/ A
DOCUMENTATION:
Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
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OMB Schedule Item Number 1
Resolution No.
- 2010
A RESOLUTION 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
Revenue:
001-62025-366801OR
001-62033-3668020R
001-62027-3668030R
001-62029-3668040R
001-62031-3668050R
Donations-KW Lib
Donations-BP Lib
Donations-Marathon Lib
Donations-Islamorada Lib
Donations-KL Library
$ 1,992.27
2,304.89
1,546.00
Total Revenue
$ 5,843.16
Appropriations:
001-62025-560-660 KW Library Materials
001-62033-560-660 BP Library Materials
001-62027-560-660 Marathon Library Materials
001-62029-560-660 Islamorada Library Materials
001-62031-560-660 KL Library Materials
$ 1,992.27
2,304.89
1,546.00
Total Appropriations:
$5,843.16
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is
hereby authorized and directed to make the necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting
of said Board held on the 18th day of August AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item I unant 00 I Lib Donations
OMB Schedule Item Number 2
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to
increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010,
now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the
same is hereby increased by the amount hereinafter set forth:
Fund # 158 Mise Special Rev Fund
Revenue:
158-352100SR
158-352200SR
Fines Library Lost Books
Fines Library Overdue Books
$ 715.53
6,127.39
Total Revenue
$6,842.92
Appropriations:
158-5710-62036-560660
Lib Mat
$6,842.92
Total Appropriations:
$6,842.92
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the
above, is hereby authorized and directed to make the necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 18th day of August AD 20 I O.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 2 unant 15862036 Lib Fines
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 Fiscal Year 2010, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by
the amount hereinafter set forth:
Fund #158 Misc. Spec. Revenue Fnnd
Revenue:
158-348141SC
Misc. Special Revenue Fund
$7,397.81
Total Revenue
$7,397.81
Appropriations:
158-5640-04586-530340
Other Contractual Service
$7,397.81
Total Appropriations:
$7,397.81
Revenue:
158-348142SC
Misc. Special Revenue Fund
$7,397.82
Total Revenue
$7,397.82
Appropriations:
158-5810-86549-590001
Budgeted Transfers
$7,397.82
Total Appropriations:
$7,397.82
Revenue:
158-348145SC
Misc. Special Revenue Fnnd
$7,397.82
Total Revenue
$7,397.82
Appropriations:
158-5210-68627-530340
Other Contractual Service
$7,397.82
Total Appropriations:
$7,397.82
Item 3 unant fund 158 crim add costs page 1
Revenue:
158-348144SC
Misc. Special Revenue Fund
$7,397.86
Total Revenue
$7,397.86
Appropriations:
158-6010-82506-530340
Other Contractnal Service
$7,397.86
Total Appropriations:
$7,397.86
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 18th day of August AD 2010.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 3 unant fund 158 crim add costs page 2
OMB Schedule Item Number 4
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated
funds in the Monroe County Budget for the Fiscal Year 2010, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following
accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth:
Fund #125 Gov Fund Type Grants
Cost Center # 6153809 Community Care for the Elderly
Function#5600 Activity#5640 Official Division#1016
Revenue:
125-6153809-3346900 H
State Grants-Hmn Svcs Other
$12,532.00
Total Revenue:
$12,532.00
Appropriations:
125-6153809-510120
Regular Wages & Salaries
$12,532.00
Total Appropriations:
$12,532.00
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
18th day of August, AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L KOLHAGE, Clerk
Item 4 unant fund 1256153809 kc-971 cce grant amend#7
OMB Schedule Item Number 5
Resolntion No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to
account for unanticipated funds in the Monroe County Budget for Fiscal Year 2010, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by
the amount hereinafter set forth:
Fund #158 Misc Spec Rev Fund
Cost Centers# 82507 Judicial Ct. Tech FS 28.24(12)(e) 50%
69601 St Atty Ct. Tech FS 28.24(12)(e) 30%
69801 Pub DeCCt. Tech FS 28.24(12)(e) 20%
Revenue:
158-341113SC
Svcs-Ct. Tech
$22,005.00
Total Revenue
$22,005.00
Appropriations:
158-6010-82507-560640
Capital Outlay Equipment
$22,005.00
Total Appropriations:
$22,005.00
Revenue:
158-341114SC
Svcs-Ct. Tech
$13,203.00
Total Revenue
$13,203.00
Appropriations:
158-6020-69601-560640
Capital Outlay Equipment
$13,203.00
Total Appropriations:
$13,203.00
Revenue:
158-341115SC
Svsc-Ct. Tech
$8,802.00
Total Revenue
$8,802.00
Appropriations:
158-6030-69801-560640
Capital Outlay Equipment
$8,802.00
Total Appropriations:
$8,802.00
Item 5 unant fund 158 Court Technology pagel
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of
said Board held on the 18th day of August AD 2010.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Mayor/Chairman
Item 5 unant fund 158 Court Technology page2
Resolution No.
OMB Schedule Item Number 6
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 199-2010
WHEREAS, Resolution Number 199-2010, 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. 199-2010 previously set up in the Monroe County Budget for the purpose of transferring funds in Fiscal Year
2010 contained certain erroneous information and said resolution, passed and adopted on July 21, 2010 is hereby amended:
Fund # 115 TDC District Two Penny
From: 115-5520-75035-530340- TE05238X-530300 Resources
Cost Center #75035 Events
For the Amount: $7,474.00
To: 115-5810-86529-590910- TM05310X-59091O Transfers
Cost Center #86529 Budgeted Trfs-115
Fund # 117 TDC District 1, 3Cent
From: 117-5520-77040-530340- TB07240X-530300
Cost Center #77040 TDC Bricks & Mortar
For the Amount: $5,341.00
To: 117-581O-86531-59091O-TM07310X-59091O
Cost Center #86531 Budgeted Trf-117
Fund # 118 TDC District 2, 3 Cent
From: 118-5520-78040-530460- TB08240X-530460
Cost Center #78040 TDC Bricks & Mortar
For the Amount: $1,782.00
To: 118-581O-86532-59091O-TM08310X-59091O
Cost Center #86532 Budgeted Trf-118
Fund # 119 TDC District 3, 3 Cent
From: 119-5520-79040-530340- TB09240X-530340
Cost Center #79040 TDC Bricks & Mortar
For the Amount: $173.00
To: 119-5810-86533-590910- TM09310X-590910
Cost Center #86533 Budgeted Transfers 119
Fund # 120 TDC District 4,3 Cent
From: 120-5520-70040-530460- TB00240X-530460
Cost Center #70040 TDC Bricks & Mortar
For the Amount: $2,074.00
To: 120-5810-86534-590910
Cost Center #86534 Budgeted Transfers 120
Item 6 amend reso # 199-20 10 trfs TDC funds
Resources
Transfers
Repair & Maint
Transfers
Other Contractual Svcs
Transfers
Repair & Maint
Transfers
Page 1 of2
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 18th day of August AD 2010.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 6 amend reso #199-2010 trfs TDC funds
Page 2 of2
OMB Schedule Item Number 7
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 209-2010
WHEREAS, Resolution Number 209-2010, 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. 209-2010 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 July 21, 2010 is hereby
amended:
Fund # 404 Key West Int! Airport
Revenue:
404-381503GT
Transfer fin Fund 503
$ 11,060.13
Total Revenue:
$ 11,060.13
---
----
Appropriati ons:
404-63001-530490
Miscellaneous
$ 11,060.13
Total Appropriations:
$ 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 18th day of August AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORlDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 7 amend reso #209-2010 unant 404 6300 I KW Aip
OMB Schedule Item Number 8
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 210-2010
WHEREAS, Resolution Number 210-20 I 0, heretofore enacted for the purpose of receiving unanticipated funds. contains an erroneous information,
and
WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 210-
20 I 0 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 20 I 0 contained certain
erroneous information and said resolution, passed and adopted on July 21, 2010 is hereby amended:
Fund # 125 - Governmental Fund Type Grants
Cost Center # 6153609 - Alzheimer's Disease Initiative
Function 5600 Activity 5640 Division 1016
Revenue:
125-61 53609-3346900H- State Grants
125-6153609-36900ISH- Program Income
125-6153609-38100IGT Trnsfer fm Gen. Fund 001
$ 0.00
0.00
14,450.00
Total Revenue
$ 14,450.00
Appropriations:
125-6153609-510120-Salaries
125-6153609-510210-Fica
125-6153609-510220-Retirement
125-61 53609-5 10230-Group Insurance
125-6153609-510240- Worker's Compensation
125-6153609-530340-Other Contract Services
125-6153609-530400- Travel
125-61 53609-5304 I O-Phone & Postage
125-6153609-53045I-Risk Management
125-61 53609-530470-Printing
125-6153609-530498-Advertising
125-61 53609-5305 10-Office Supplies
125-6153609-530520-0perating Supplies
$ 1,950.00
0.00
0.00
0.00
0.00
12,500.00
0.00
0.00
0.00
0.00
0.00
0.00
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 18th
day of August AD 2010.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 7 amend reso #209-2010 unant 404 63001 KW Aip
OMB Schedule Item Number 9
Resolution No.
- 2010
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted
transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year
2010 as, hereinafter set forth to and from the following accounts:
Fund # 503 Risk Management
From: 503-5130-85541-590990
Cost Center #85541 Reserves 503
For the Amount: $4,697.00
To: 503-5210-05102-530460
Cost Center #05102 Loss Control Risk Mgmt
Contingency
Repair & Maintenance
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 18th day of August, AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 9 Transfer Fund 503 fin 85541 to 05102
OMB Schedule Item Number 10
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to
account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by
the amount hereinafter set forth:
Fund #125 - Governmental Fund Type Grant
Cost Center # 52005 Inv Exotic Pint Rmvl Crew FK-095
Project#GWl003 Inv Exotic Pint Rmvl Crew FK-095
Function# 5300 Activity#5370 Official Division#1015
FWC Contract # 08150 Task Assignment # FK-095
Grant Period:8/18/2010-6/21/2011
Revenue:
125-52005-3343900P-GWI003
State Grants-Physical Environment
$96,000.00
Total Revenue
$96,000.00
Appropriations:
125-52005-51 0120-GWl 003-51 0120
Regular Salaries & Wages
$96,000.00
Total Appropriations:
$96,000.00
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 18th day of August 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 10 unant 12552005 GWI 003 Inv Exotic PInt Rrnvl FK-095
OMB Schedule Item Number 11
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to
account for unanticipated funds in the Monroe County Budget for 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 # 52006 Mech Inv Exotic Pint Rmvl FK-097
Project#GWl004 Mech Inv Exotic Pint Rmvl FK-097
Fnnction# 5300 Activity#5370 Official Division#1015
FWC Contract # 08150 Task Assignment # FK-097
Grant Period:8/18/2010-6/21/2011
Revenue:
125-52006-3343900P-GWI004
State Grants-Physical Environment
$50,000.00
Total Revenue
$50,000.00
Appropriations:
125-52006-530490-GWI004-530340
Other Contractual Svcs
$50,000.00
Total Appropriations:
$50,000.00
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 18th day of August AD 2010.
Mayor Murphy
Mayor Pro T em Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 11 unant 125 52006 GWI004 Mech Inv Exotic PInt Rmvl FK-097
OMB Schedule Item Number 12
Resolution No.
- 2010
A RESOLUTION AMENDING RESOLUTION NUMBER 365-2009
WHEREAS, Resolution Number 365-2009, 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.
365-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 20 IO contained
certain erroneous information and said resolution, passed and adopted on October 21 sf, 2009 is hereby amended:
Fund #125-Gov't Fund Type Grants
Cost Center# 13520 Homeland Security
Function # 5200-Public Safety
Activity #5250-Emergency Disaster Relief
Official/Division # 1 0 12-Public Safety
Revenue:
125-13520-3312000S
Federal Grants Public Safety
$135,311.92
Total Revenue
$135,311.92
Appropriations:
125-5250-13520-530490
Miscellaneous
$135,311.92
Total Appropriations:
$135,3 11.92
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 18th day of August AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Mayor/Chairman
Item 12 amend reso#365-2009 rlvr homeland security 13520 GE0820, GE0920
OMB Schedule Item Number 13
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to
account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the
following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the
amount hereinafter set forth:
Fund #125-Gov't Fund Type Grants
Cost Center# 13529 MCSO/EMG UASI 08 Grant
Project# GEI024 MCSO/EMG UASI 08 Grant
Function # 5200-Public Safety
Activity #5250-Emergency Disaster Relief
Official/Division #1012-Public Safety
Contract# 10DS-48-Il-23-02-195
CFDA Number: 97.067
Revenue:
125-13529-3312000S-GE 1 024
Federal Grants-Public Safety
$350,000.00
Total Revenue
$350,000.00
Appropriations:
125-5250-13529-560640-G E 1 024-560640
Capital Outlay-Equipment
$350,000.00
Total Appropriations:
$350,000.00
---
---
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 18th day of August AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 13 unant fund 125 13529 GEI024 MCSO/EMG uasi 08 grant
OMB Schedule Item Number 14
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
Cost Center #85500 Reserves 001
For the Amount: $30,000.00
To: 001-5130-05002-530410
Cost Center #05002 Technical Services
Contingency
Phone & Postage
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 18th day of August, AD 2010.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 14 Transfer Fund 001 fin 85500 to 05002
OMB Schedule Item Number 15
Resolution No.
- 2010
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted
transfers in the Monroe County Budget for the Fiscal Year 20 I 0, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year
20 I 0 as, hereinafter set forth to and from the following accounts:
Fund # 504 Fleet Management
From: 504-5130-85542-590990 Contingency
Cost Center #85542 Reserves 504
For the Amount: $20,000.00
To: 504-5190-23503-530460 Repair & Maintenance
Cost Center #23503 Fleet Mgmt Svc Operations
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 18th day of August, AD 2010.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORlDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 15 TrsfFund 504 fm 85542 to 23503
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 20 I 0, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the following accounts of the Monroe County Budget for the Fiscal Year 20 I 0, be and the same is hereby
increased by the amount hereinafter set forth:
Fund #125 - Governmental Fund Type Grants
Cost Center # 86559 Bdgt Trsf 125 DEP/LP8983
Project # GN0902 Rockld-Geiger WW Coli Sys Grant LP8983
Function # 5800 Activity # 5810 Division # 1000
Revenue:
125-86559-334350CP
State Grant-Phy. Env
$100,000.00
Total Revenue:
$100,000.00
Appropriations:
125-86559-590310
Transfer to Fund 310
$100,000.00
Total Appropriations:
$100,000.00
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above
unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting
of said Board held on the 18th day of August AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 13 unant fund 125 13529 GE1024 MCSO/EMG uasi 08 grant
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 # 141 Fire & Amb District 1 L&M Key
From: 141-5260-13001-560641
Cost Center #13001 LK & MK Ambulance
For the Amount: $12,375.00
To: 141-5810-86511-590144
Cost Center #86511 Budgeted Transfers 141
Capital Outlay-Vehicle
Transfer to Fund 144
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 18th day of August, AD 2010.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
( Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 17 transfer Fund 141 fin 13001 to 86511
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 #144 - Upper Keys Health Care
Cost Center # 85522 Reserves 144
Function#5100 Activity#5130 Official DiV#1000
Revenue:
144-5130-381141GT
Transfer from Fund 141
$12,375.00
Total Revenue
$12,375.00
Appropriations:
144-5130-85522-590990
Other Uses
$12,375.00
Total Appropriations:
$12,375.00
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 18th day of August 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 18 unant Fund 14485522
OMB Schedule Item Number 19
Resolution No.
- 2010
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of 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 Fund
From: 502-5620-08004-530316
Cost Center #08004 Grp Ins Asserted Claims
For the Amount: $1,400,000.00
To: 502-5620-08003-530316
Cost Center #08003 Grp Ins Claims
Medical Services
Medical 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 18th day of August, AD 20 I O.
Mayor Murphy
Mayor Pro Tem Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORlDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 19 trnsfr Fund 502 fin 08004 to 08003
OMB Schedule Item Number 20
Resolution No.
- 2010
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items
to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 20 I 0, now therefore,
BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 20 lObe and the same is
hereby increased by the amount hereinafter set forth:
Fund # 001 General Fund
Cost Center # 04598 Wind Storm Actuarial
Function # 5100
Activity # 5110
OfficiallDivision # 1000
Revenue:
001-04598-3669140E Contributions -Islamorada
Total Revenue
$12,106.00
$12,106.00
Appropriations:
001-5110-04598 -530340 Other Contractual Svcs
Total Appropriations:
$12,106.00
$12,106.00
BE IT FURTHER RESOL YED 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 18th day of August, AD 20 I O.
Mayor Murphy
Mayor Pro Tern Carruthers
Commissioner Wigington
Commissioner Neugent
Commissioner Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Item 20 unant fund 001 04598 Wind Storm Actuarial
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18,2010
Division: Budget & Finance
Bulk Item: Yes ---X- No
Department:
OMB
Staff Contact PersonlPhone #: Penny Kipp X4470
AGENDA ITEM WORDING: Approval of a new three year Hosted Application Service and License
Agreement with Sarasota County for licensing, hosting and support of the GovMax 5.0 software.
Sarasota County is a sole source provider.
ITEM BACKGROUND: This new Hosted Application Service and License Agreement with Sarasota
County will provide licensing, hosting and support of the updated version of the GovMax software.
OMB migrated from GovMax 4.0 to GovMax 5.0 during February -April 2010. Transition to the
updated version was based on non-support of GovMax 4.0.
PREVIOUS RELEVANT BOCC ACTION: Annual agreement renewals were approved by the
BOCC on June 17, 2009, September 18, 2008, October 17, 2007 and June 21, 2006 for GovMax 4.0.
The first three year agreement was approved on March 19,2003.
CONTRACT/AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $64,272.87 INDIRECT COST: BUDGETED: Yes ~No
COST TO COUNTY: $64,272.87 SOURCE OF FUNDS: General Fund 001
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atlyj ~urchaSing _ Risk Management_
DOCUMENT A TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sarasota County BOCC Contract # -
Effective Date: 8/1812010
Expiration Date: 8/17/2013
Contract PurposelDescription:
Approval of a new three year Hosted Application Service and License Agreement with
Sarasota County for licensing, hosting and support of the GovMax 5.0 software.
Contract Manager: Penny Kipp X4470 OMB Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/18/2010 Agenda Deadline: 8/3/2010
CONTRACT COSTS
Current Year Portion: $ 20,794.22
001-00104-530340-_-_
Total Dollar Value of Contract: $ $64,272.87
Budgeted? Yes[8J No 0 Account Codes:
Grant: $
County Match: $
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
I?o/~ If
l;';.f!IJO
7\~f(; /[U
Changes
Needed
YesD No
YeSDN6~
YesD Nori]-.'"
YesDNo~
Risk Management
PJ[.L
O.M.B./Purchasing 7-2.'(;-10
County Attorney "7/?U 10
Date Out
'},dlo
Irut af At/. (,1( .f::,
r....
OMB Fonn Revised 2/27/01 MCP #2
SARASOTA COUNTY
HOSTED APPLICATION SERVICE and LICENSE AGREEMENT
THIS HOSTED APPLICATION SERVICE and LICENSE AGREEMENT made and
entered into as of this 22nd day of July, 2010, by and between Monroe County, a political
subdivision of the State of Florida, hereafter referred to as "LICENSEE", and Sarasota County,
a political subdivision of the State of Florida, hereinafter referred to as "LICENSOR".
WITNESSETH:
WHEREAS, Licensor wishes to grant to Licensee a non-exclusive and non-transferable Hosted
Application Service and Agreement, hereinafter referred to as "Agreement" to use the
Governmental Management System, hereinafter referred to as "GOVMAX".
NOW, THEREFORE, in consideration of the covenants, representations and warranties set forth
herein and other good and valuable consideration, the receipt and sufficiency of which the parties
hereby acknowledge, the parties, by their authorized signatures below, hereby agree as follows:
A. Scope
This Agreement applies to version (5.0) of GOVMAX and updates as defined below, and
related hosting services, which comply with current ITIL (Information Technology
Infrastructure Library) standards.
B. Definitions
1. The term "GOVMAX" as used in this Agreement includes the Strategic Planning,
Business Planning, Performance Management and Financial Planning systems
integrated in GOVMAX and the user guides and administrators manual for
GOVMAX.
2. The term "Software Enhancement" shall mean additional software functionality
or software modules which are optional and which may be purchased by Licensee
at an additional fee to be set by Licensor.
3. The term "Update" shall include mandatory bug fixes and shall mean mandatory
mid-version releases of GOVMAX where the primary version number does not
change; for example, an upgrade from version 4.0 to version 4.1, or, a minor
change which does not require any update to the version identifier.
4. The term "Upgrades" shall mean mandatory full version releases of GOVMAX
where the primary version number is increased by one or more; for example, an
upgrade from version 4.0 to version 5.0.
C. Access and Services Provided:
1. Licensor agrees to provide access to GOVMAX to Licensee and such access shall
be deemed to have occurred when connection is made by Licensee by electronic
connection via the Internet. Licensee shall be entirely responsible for establishing
and maintaining an Internet connection. Licensor shall not be responsible for
connection failures, degraded service speed or outages as they relate to Licensee's
Internet Service Provider or internet connection.
2. Licensor will provide the use of the following equipment, software and services.
a. Coordinate the initial setup process to configure GOVMAX to meet
Licensee's individual requirements in the areas of organizational structure
and planning, backend systems integration, custom reporting, and any other
unique configurable settings to match GOVMAX's operational capabilities to
the specific business goals identified by Licensee. The specific hosting
services to be provided by the Licensor are itemized herein. Implementation,
customization, and training services will be purchased separately from
Licensor's designated installer and service provider ("Service Provider",
which is currently MethodFactory Inc. but which may be any firm designated
by Licensor to perform the services specified.
b. Provide Hardware platform, operating system, system application and
database maintenance; and
c. Perform maintenance and operations control on GOVMAX; and
d. Store data and conduct daily backups of database; and
e. Provide security of GOVMAX and data; and
f. Provide, through Licensor's Service Provider, one 8-hour training session,
and intended for Licensee's system administration-level users. Additional
user training is available at Licensee's site, at Licensor's or its Service
Provider's then-current daily rate, plus travel and living expenses. All travel
expenses for trainers will be reimbursed in accordance with Florida Statutes
Section 112.061 or Sarasota County Resolution #2008-013, as applicable.
Potential participants in training sessions shall have, at minimum, a
functional understanding of personal computers and a working knowledge of
Microsoft Office products.
g. Provide help desk support to Licensee's Representative or his designee and
up to three (3) system administrators during normal working hours (Monday
through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time, excluding Licensor's
holidays). The parties understand that any support, services, or products will
be requested only by persons authorized by the Licensee's Representative to
do so.
h. Provide access for maximum of 15 active users and a maximum of 45 named
users. An active user is a user logged into the system more than 24 hours per
year. A named user is user defined in the system.
1. For those services provided to Licensee by Licensor's Service Provider,
Licensee shall make payment directly to Service Provider. It shall be
Licensee's sole responsibility to ensure that the providing of such services
and the payment for same are in accordance with Licensee's applicable
policies and procedures. It shall not be Licensor's responsibility to directly
provide any services for which it has designated a Service Provider.
2
3. Any additional related services including ad-hoc reports will be available from
Licensor's Service Provider, once specific requirements are provided by Licensee.
Estimates for any additional related services will be provided at Licensor's then-
current rates. All travel expenses will be reimbursed in accordance with Florida
Statutes Section 112.061 or Sarasota County Resolution #2008-013, as applicable.
4. Availability and Support. GOVMAX will be available on a supported basis (with
help desk support as provided in Paragraph 2.g.) and with the additional hosting
support described in this Paragraph 4, during normal working hours. GOVMAX
will be available outside of normal working hours on an unsupported basis. Service
requests that arise outside of normal working hours shall be addressed the following
business day. Additional support can be made available outside of normal working
hours with reasonable advance notice upon mutual agreement of Licensor's
Administrative Agent and Licensee's Representative. Additional fees may apply to
this service. Licensor's Data Center hosting support includes:
a. Operations and Monitoring Services - GOVMAX is supported by an on-site
operations team providing 24 x 7 continuous system monitoring; basic problem
identification and resolution; escalation and notification; change and problem
management; operating system security; data restores; vendor management; and
batch scheduling and monitoring within the Licensor's data center ("Data
Center"). Support is accessed by telephone at (941) 861-7100.
b. System Administration Services - Systems are supported at the Licensor's Data
Center by an on-call system administration team providing hardware/operating
system installation, maintenance, updates and upgrades, backup and recovery,
hardware security, performance tuning and capacity planning, configuration
management and data backup and restoration.
c. Database Administration Services - On-call database administration teams will
support systems located within the Licensor's Data Center. Services included by
this team are: hardware and software review (memory, disk volumes, operating
system levels and any additional software required); compatibility review with
existing software; and technical support; MS SQL Server software installation;
support and recovery documentation patch support; database backup software
resolution; creation of database backup scripts; automatic notification of event
conditions; automatic action on selected events (software failures); security
reporting, and capacity planning monitoring (disk, memory, CPU, MS SQL
Server licensing, etc.). Licensor will also perform upgrades and patches to the
MS SQL Server Relational Database Management System, as published by MS
SQL Server if determined to be appropriate by the System Administrator.
Licensor shall continually measure and report disk utilization for average
utilization during 15-minute intervals over a 24-hour period of time. Should
average disk utilization exceed 90% over a 24-hour period of time a performance
problem will be identified and appropriate problem management procedures
evoked by Licensor.
d. Standard System Recovery Services - Licensor shall provide the following data
and system recovery services:
i. Use disk mirroring and off-site storage (currently provided by Iron
Mountain Incorporated, but subject to change at the sole discretion of
3
Licensor) of backup tapes to enable the restoration of service in the
event the application database is corrupted and/or damaged. The high-
availability architecture enables business continuance at degraded
performance levels. In the event that the primary computing resources
are made inoperable, GOVMAX will be available at a degraded level
of performance.
H. Daily backup of Licensee's data. Licensor stores copies of all backup
tapes in an off-site, environmentally controlled, secure archive. Off-
site storage is cycled on a daily basis. This service is provided as a
means to protect Licensee from total loss of data in the event of a
significant site failure.
Hi. Ensure that all systems purchased by Licensor for use in the
performance of the services specified hereunder are equipped with
dual power supplies and are provided with commercial power
supported by separate uninterrupted power supplies. The
Uninterrupted Power Supply (UPS) facilities are composed of battery
back-up and diesel generators. The battery back-up services are
sufficient to support power transition from primary power to the
secondary power provided by the diesel generators.
5. Grant of License and Permitted Uses. GOVMAX (including but not limited to the
source code and all intellectual property that is created, modified, or reduced to a
tangible medium of expression during any services provided or any activities
conducted by Licensor pursuant to this Agreement) shall at all times remain the
property of Licensor. Licensor hereby states that the Licensor owns GOVMAX free
of liens and encumbrances. Licensor grants, and Licensee accepts, a non-exclusive,
non-transferable license ("the License") to use GOVMAX in accordance with the
provisions of this Agreement. GOVMAX may only be used by Licensee's own
personnel for the development of Licensee's operating and/or capital budget(s) and
for management use. Licensee agrees to take reasonable precautions to provide
adequate security to use and provide access to GOVMAX only as permitted by this
Agreement.
6. Prohibited Uses. Licensee recognizes that GOVMAX was developed by Licensor
and that Licensor claims copyright protections in GOVMAX to the fullest extent
provided by law and Licensee agrees that it will not infringe upon or otherwise
violate Licensor's copyright. Licensee shall not sell, assign, license, sublicense,
transfer, allow the use of, or otherwise convey any of its rights to GOVMAX
provided under this Agreement to any third party, any other governmental, or non-
governmental entity without Licensor's prior written consent, which consent
Licensor shall have the right to either grant or deny in its sole discretion.
7. Software and Licensing Requirements. In order to operate GOVMAX, additional
third party software licenses may be required. It is the responsibility of Licensee to
acquire all necessary third party licenses and to maintain sufficient numbers of such
4
licenses to operate GOVMAX and to satisfy all Agreement requirements by third
parties. The following represent the minimum requirements of Licensee:
Desktop computers and/or terminals with power and network capacities
sufficient to support high-speed internet access for Licensee's users;
Security at the desktop or terminal location;
All table data in Licensor's required format and media
In the event Licensee intends or endeavors to create or design reports separate from
those created or designed by Licensor, Licensee must have properly-licensed,
updated and maintained versions of the necessary third-party software (currently
Crystal Developer). Specific information regarding technical requirements for user-
designed reports should be requested from Licensor prior to Licensee's undertaking
the report creation and design.
8. Data Ownership. Licensee is the sole owner of its data and as such will be provided
with access to all databases as requested. Licensor recognizes that such data may
contain material exempt from disclosure under State of Florida public records laws
and will turn over to Licensee for response any request from a third party for access
to or copies of said data.
9. Term: The term of this Agreement shall commence upon execution of the
Agreement by both parties and shall continue for three (3) years thereafter, or until
such earlier date on which this Agreement is terminated as provided herein. Provided
the Licensee is not in default under the terms of this Agreement, the Agreement shall
automatically renew for one-year periods. These automatic renewals shall continue
until the Agreement is terminated by either party in accordance with Section E
hereunder. The terms and conditions during any renewal periods shall be as stated
herein unless modified through the execution of a written Amendment to this
Agreement, signed by the duly authorized representatives of both parties.
D. Fees:
1. Annual Fee. The initial annual fee ("Fee") of Twenty Thousand, Seven Hundred Ninety-
four Dollars and Twenty-two Cents ($20,794.22) for this Agreement shall be due upon the
successful production implementation of GOVMAX and training of Licensee by the
Licensor. In subsequent years, the Fee shall be due on the anniversary date of final contract
signature date of Sarasota County unless otherwise agreed in writing by the parties.
2. Fee Adjustment: The Fee shall be increased annually in direct proportion to the
percentage increase in the cost of living as determined by the Consumer Price Index, U.S.
City Average, all items (1967 = 100), published by the U.S. Bureau of Labor Statistics of
the U.S. Department of Labor, or any revision equivalent thereto published by the Bureau;
or three percent (3%) of the preceding year's base Fee cost, whichever is greater. In no
event shall the annual Fee for any year decrease below the annual Fee for the preceding
year.
3. From time to time Licensor may add Updates or Upgrades to GOVMAX. The fee for
Updates is included in Licensee's Fee. Upgrades represent major changes and may require,
5
at Licensor's sole discretion, a separate implementation charge and/or an increase in the Fee
as specified hereunder. Upgrades and Updates are mandatory once made available by
Licensor and their implementation may only be waived at the sole discretion of Licensor.
Upgrades will be implemented by Licensor on a date to be mutually agreed between the
parties, but not more than twenty-four (24) months from the date the Upgrade is first made
available to Licensee. Within forty-five (45) days of implementation of an Upgrade, an
invoice will be issued to the Licensee for a one time implementation fee, if deemed
applicable by Licensor, and the annual price of the Upgrade on a prorated basis to cover the
remainder of the Fee for the current year. The Fee in subsequent years will be adjusted to
include the price of the Upgrade.
Should Licensee refuse the implementation of a mandatory Upgrade, Licensor shall
continue full support under the terms of this Agreement for a twenty-four (24) month period
following the date the Upgrade is first made available to Licensee. At the conclusion of the
twenty-four (24) month period, Licensor, at its sole option, shall determine whether to
continue offering support or to terminate this Agreement in accordance with Section E
below. Should Licensor opt to continue offering support under this Agreement to Licensee,
the Fee specified hereunder may be increased by such additional amount as Licensor in its
sole discretion deems reasonable, and all other provisions of this Agreement shall apply.
Licensor's choice to continue supporting Licensee's un-upgraded version of GOVMAX
shall apply only to the then-current term ofthe Agreement and shall not obligate Licensor to
continue offering said support in subsequent renewal terms.
E. Termination of Agreement:
1. If the Licensee is in material breach or default, including non-payment of any Fees,
which is not cured within thirty (30) days after receipt of the written notice of breach
or default, then Licensor's Administrative Agent may terminate this Agreement
upon thirty (30) days prior written notice.
2. If the Licensor is in material breach or default, including failure to perform as
provided in Section C "Access and Services Provided" which is not cured within
thirty (30) days after receipt of the written notice of breach or default, then Licensee
may terminate this Agreement upon thirty (30) days prior written notice. Licensee
may also terminate this Agreement for its convenience and without cause upon sixty
(60) days prior written notice.
3. In the event GOVMAX is no longer available at any cost through Licensor or any
other entity, public or private, Licensee may elect to purchase a copy of the system
code described in this Agreement, for the sole use of the Licensee, for a purchase
price in an amount equal to the then-market value of the applicable version of
GOVMAX as determined by an independent appraiser to be hired by Licensor and
approved by Licensee, which approval shall not be unreasonably withheld.
Regardless of appraised value, the purchase price shall not be less than $350,000
(three hundred fifty thousand dollars). Licensee's option for purchase will extend
only to the version of GOVMAX in use by Licensor at the time the purchase option
is exercised. The option to purchase must be exercised within thirty (30) days of the
date Licensee is notified that GOVMAX will no longer be available, and paid within
6
thirty (30) days from the date the purchase option is exercised. Such a purchase is
payable within thirty (30) days from the date the purchase option is exercised. The
system code will be delivered to Licensee within sixty (60) days of the date on
which payment is received by Licensor.
4. Immediately following termination of this Agreement, Licensee shall return all manuals,
templates and product software to Licensor. Licensee further agrees that it shall not
disclose any trade secrets, proprietary contents or protected intellectual property of
Licensor's GOVMAX software system to any person in accordance with section
119.071(l)(f), Florida Statutes at any time while such materials are in Licensee's
possession. If Licensor notifies the Licensee that it does not want such materials
returned at the termination or expiration of this Agreement, Licensee shall retain such
confidential, protected materials for the duration of the public records retention
requirements and at the expiration thereof, shall then destroy them and shall then certify
the occurrence of such event to Licensor. If Licensor is in possession of any backup
tapes of Licensee's data at the time of termination, they shall be returned to Licensee at
its sole expense. Licensor shall be responsible for storage, disposition and applicable
confidentiality (if any) of any additional copies of such backup tapes it may have
produced for its own purposes and if Licensor so elects, it may destroy such additional
copies at the time allowed by State public records retention requirements. Licensee shall
be required to print hard copies of for retention of its own confidential materials of data
files to avoid costs of data retrievals from Licensor.
F. Limited Warranty. Licensor certifies that it has a proprietary right and authority to license
GOVMAX and that GOVMAX is the copyrighted product of Licensor. Licensor shall be
solely responsible for, and Licensee shall incur no liability in connection with, any claim
that GOVMAX infringes a US. patent or copyright or a third party's trade secrets, provided
that:
1. Licensee promptly notifies Licensor in writing of the claim;
2. Licensor has sole control of the settlement or defense of any action against Licensee
as to which this indemnity relates (provided that there is no finding of fault against
the Licensee and that the Licensee is not required to contribute to any settlement);
and
3. Licensee reasonably cooperates with Licensor to facilitate such defense. Other than
the certification and Limited Warranty expressly stated in this Section F, there are no
express or implied warranties relating to GOVMAX covered by this Agreement,
including but not limited to warranties of merchantability or fitness for a particular
purpose.
G. If GOVMAX or any portion thereof is held to constitute an infringing product, Licensor
shall allow Licensee to immediately terminate this Agreement and refund Fees to Licensee
on a prorated basis for the period of time that Licensee was unable to use GOVMAX due to
an infringement claim.
H. Limitation of Liabilities: Licensor shall have no liability for any loss or liabilities resulting
from any application of GOVMAX, or results, of such application by Licensee or any other
party. Licensor's sole obligation and liability, if GOVMAX is defective or fails to conform
to specifications, shall be to correct software-coding errors in the original code. In any
7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21, 2009 Division: _Public Works_____________
Bulk Item: Yes X No Department: _Engineering_________________
Staff Contact Person/Phone #: _Judy Clarke X4329__
AGENDA ITEM WORDING:
Rescind approval to use $1,800,000 of District 3 Transportation
Impact fees as matching funds for the Florida Department of Transportation (FDOT) Card Sound
Road/CR905 Intersection Conversion Project and request that FDOT delete this project from the Work
Program;
Grant approval to re-allocate the District 3 Transportation Impact Fees to various projects described in
the Draft Key Largo Community Master Plan.
ITEM BACKGROUND:
The Community has expressed a desire to implement the enhancement
projects described in the draft Key Largo Community Master Plan (May 2006). Eligible projects would
be funded with District 3 Transportation Impact Fees.
PREVIOUS RELEVANT BOCC ACTION:
BOCC gave approval to use $1,800,000 of District 3
transportation impact fees as matching funds for the DOT Card Sound Road/CR905 Intersection
Conversion Project on August 20, 2008 (item H3).
CONTRACT/AGREEMENT CHANGES:
None
__________________________________________________________________________________
STAFF RECOMMENDATIONS:
Approval as requested above.
TOTAL COST: INDIRECT COST: ________BUDGETED:
$1,800,000n/a_ YesNo___
DIFFERENTIAL OF LOCAL PREFERENCE: __________________________
not applicable__
COST TO COUNTY:SOURCE OF FUNDS:
$1,800,000 _Fund 130__________
REVENUE PRODUCING:AMOUNT PER MONTHYear ____
Yes No X
APPROVED BY:
County Atty OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included Not Required__X__
DISPOSITION:AGENDA ITEM #
Revised 7/09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/18/10 Division: TECHNICAL SERVICES
Bulk Item: Yes X No Department: TECHNICAL SERVICES
Staff Contact Person/Phone #: Lisa Druckemiller , 295-5100
AGENDA ITEM WORDING:
Approval to enter into an agreement “Pricing Schedule for AT&T Teleconferencing
Services,” Agreement # TCF44084GCO, with AT&T for providing AT&T Connect
Teleconferencing services to Emergency Management for use during emergency operations
and activations for the term of 1 year.
ITEM BACKGROUND:
Monroe County has negotiated an agreement with AT&T to provide
AT&T Connect Teleconferencing services to Monroe County Emergency Management. This
service will enable county Emergency Managers to hold County-wide interdepartmental and
inter-agency teleconference calls with integrated web services in support of emergency
operations. The service is less costly than our legacy agreement and will provide additional
functionality to the County.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: BUDGETED:
$variable depends on use Yes X No _
COST TO COUNTY:SOURCE OF FUNDS:
$2,000 (Est)Fire and Emergency Services
REVENUE PRODUCING:AMOUNT PER MONTHYear____
Yes No X
APPROVED BY:
County Atty OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included X Not Required_____
DISPOSITION:AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: AT&T Contract # TCf44084GCO
Effective Date: 08/18/10
Expiration Date: 08/18/11
Contract Purpose/Description:
AT&T agreement for conference calling services to support emergency operations
during EOC activations providing conference call bridging and web access for
conference call participants.
Contract Manager: Lisa Druckemiller 5100 Technical Services 5-B
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 8/18/10 Agenda Deadline: 8/3/10
CONTRACT COSTS
Total Dollar Value of Contract: $ varies Current Year Portion: $ Est 1,500
Budgeted? Yes No Account Codes: 001-13501-530-410-
Grant: $ - - - -
County Match: $ - - - -
- - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $2000/yr For: Conference Calling Services
(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 Yes No ____________________________
Comments:
OMB Form Revised 2/27/01 MCP #2
AT&T MA Reference No.
AT&T TELECONFERENCE SERVICES
Pricing Schedule
Customer AT&T AT&T Sales Contact
Primary Contact
Monroe County BOCC AT&T Corp. Name: Õ»ª·² Ó±¿µ»
Street Address: ïîðð Ì®«³¿² or enter the International Affiliate Name Street Address: ïéïé Òò л²²§ Ô²òô ͬ»ò î
ߪ»òô ͬ»ò îïï City: ͽ¸¿«³¾«®¹
City: Õ»§ É»¬ State/Province: ×Ô
:
Zip Code êðïéí
State/Province: ÚÔ
:
Country ËÍß
Zip Code: ííðìð
Country: ËÍß Telephone: èééóèìèóðéðð
Fax:
:
Emailµ³±¿µ»à½±®°±®¿¬»ºò½±³
Sales/Branch Manager:
:
SCVP Name
:
Sales Strata
:
Sales Region
Customer Contact (for AT&T Contact (for notices) AT&T Solution Provider or Representative
notices) Information (if applicable)
Name: Ô·¿ Ü®«½µ»³·´´»® Street Address: Name: Û´»²¿ ݱ®¼¿´
Title: City: Company Name:
Street Address: ïîðð Ì®«³¿² State/Province: Street Address:
:
Zip Code
ߪ»òô ͬ»ò îïï City:
:
Country
City: Õ»§ É»¬ State/Province:
State/Province: ÚÔ Zip Code:
Zip Code: ííðìð With a copy to: Country:
Country: ËÍß
AT&T Corp. Telephone: íðëóëêçóéîçî
Telephone: íðëóëêçóéîçî One AT&T Way Fax:
:
Email»½êëêï࿬¬ò½±³
Fax: Bedminster, NJ 07921-0752
:
Agent Code
Email: ATTN: Master Agreement Support Team
¼®«½µ»³·´´»®à³±²®±»½±«²¬§óº´ò¹±ª Email: mast@att.com
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.
Customer AT&T
(by its authorized representative) (by its authorized representative)
By: By:
Name: Name:
Title: Title:
Date: Date:
AT&T and Customer Confidential Information
Page 1 of 7
eCRM ID
cover page V1- 01/01/2008
Doc ID: TCF44084GCO - $1K - $10K named user voc - upgrade
For AT&T Administrative Use Only
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or Master Agreement No. __________
before December 31, 2010.
Pricing Schedule for AT&T TeleConference Services
1. SERVICES
AT&T Audio-TeleConference Bridge Services
AT&T Connect Service Integrated Edition
AT&T Executive/Event/ Event Deluxe/Premier TeleConference Services
AT&T Global Conference Service II
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Pricing Schedule Term Term Start Date
1 Year
Effective Date of Rates and Discounts
billing cycle
3. MARC
MARC under this Pricing Schedule
$1,000
4. MARC-ELIGIBLE CHARGES
All Services Provided under this Pricing Schedule.
5. DISCOUNTS
AT&TOperator/Host Dialed-Out Conference Calls Discount%
Audio-TeleConference International Transport usage charges, excluding Executive TeleConference Service 40%
6. PROMOTIONS, CREDITS, WAIVERS AND MINIMUM RETENTION PERIODS
6.1 Promotions
Service Guide promotions are not applicable under this Pricing Schedule
6.2 Waivers
Charges Waived Month of Pricing Schedule Term in which Charges are waived
Waiver Package D as specified in the Service Guide N/A
AT&T and Customer Confidential Information
Page 2 of 7
Doc ID: TCF44084GCO - $1K - $10K named user voc upgrade
For AT&T Administrative Use Only
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or Master Agreement No. __________
before December 31, 2010.
Pricing Schedule for AT&T TeleConference Services
7. RATES
7.1 AT&T Audio-TeleConference Bridge Service
Domestic Rates
Usage Charge
Call Type Per Minute
AT&T Dial-Out/Operator Assisted Conference Calls $0.200
Operator Assisted Bridge Arrangement Toll Free Dial In $0.115
Automated Access Bridge Arrangement Toll Free Dial In $0.080
Automated Access Bridge Arrangement Toll Free Dial In/Reservationless $0.043
Operator Assisted Bridge Arrangement Caller Paid $0.100
Automated Access Bridge Arrangement Caller Paid $0.070
Automated Access Bridge Arrangement Caller Paid/Reservationless $0.039
Host Dial Out $0.080
7.2 AT&T Executive TeleConference Service
Call Type Price Per Port
Dial In/Dial Out Minute of use
Domestic Operator Dial Out $0.450
Domestic Toll Free Dial In $0.320
Domestic Caller Paid Dial In $0.270
7.3 AT&T Event and Event Deluxe TeleConference Service
Call Type Price Per Port
Dial In/Dial Out Minute of use
Domestic Operator Dial Out $0.450
Domestic Toll Free Dial In $0.220
Domestic Caller Paid Dial In $0.180
7.4 AT&T Premier TeleConference Service
Call Type Price Per Port
Dial In/Dial Out Minute of use
Domestic Operator Dial Out $0.450
Domestic Toll Free Dial In $0.250
Domestic Caller Paid Dial In $0.245
AT&T and Customer Confidential Information
Page 3 of 7
Doc ID: TCF44084GCO - $1K - $10K named user voc upgrade
For AT&T Administrative Use Only
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or Master Agreement No. __________
before December 31, 2010.
Pricing Schedule for AT&T TeleConference Services
7.5 AT&T Global Conference Service II
These rates represent the total cost to be paid by the host per minute per participant
Reservationless
Operator Assisted Dial
Reservationless (RADI) Reserved (ADI) Operator Assisted Dial
In (OADI)
Country
In (ROADI)
Toll-Free Caller Paid Toll-Free Caller Paid Toll-Free Caller Paid Toll-Free Caller Paid
Argentina 0.249 N/A 0.265 N/A 0.272 N/A 0.268 N/A
Australia 0.162 0.201 0.178 0.217 0.185 0.225 0.181 0.221
Austria 0.192 0.201 0.208 0.217 0.215 0.225 0.211 0.221
Belgium 0.203 0.201 0.219 0.217 0.227 0.225 0.223 0.221
Brazil 0.305 N/A 0.321 N/A 0.328 N/A 0.324 N/A
Canada 0.161 N/A 0.176 N/A 0.184 N/A 0.180 N/A
Cayman Islands 0.269 N/A 0.285 N/A 0.293 N/A 0.289 N/A
Chile 0.328 N/A 0.344 N/A 0.352 N/A 0.348 N/A
China 0.374 N/A 0.390 N/A 0.398 N/A 0.394 N/A
Colombia 0.336 N/A 0.351 N/A 0.359 N/A 0.355 N/A
Costa Rica 0.284 N/A 0.299 N/A 0.307 N/A 0.303 N/A
Czech Republic 0.274 0.201 0.290 0.217 0.297 0.225 0.293 0.221
Denmark0.187 0.201 0.203 0.217 0.210 0.225 0.206 0.221
Dominican Republic 0.317 N/A 0.333 N/A 0.340 N/A 0.336 N/A
Finland 0.319 0.201 0.335 0.217 0.342 0.225 0.338 0.221
France 0.216 0.201 0.232 0.217 0.240 0.225 0.236 0.221
Germany0.169 0.201 0.185 0.217 0.192 0.225 0.188 0.221
Greece 0.206 N/A 0.222 N/A 0.229 N/A 0.225 N/A
Hong Kong 0.162 0.201 0.177 0.217 0.185 0.225 0.181 0.221
Hungary 0.205 0.201 0.221 0.217 0.228 0.225 0.224 0.221
Iceland 0.194 N/A 0.209 N/A 0.217 N/A 0.213 N/A
India 0.227 N/A 0.242 N/A 0.250 N/A 0.246 N/A
Indonesia 0.357 N/A 0.372 N/A 0.380 N/A 0.376 N/A
Ireland 0.274 0.201 0.290 0.217 0.298 0.225 0.294 0.221
Israel 0.167 N/A 0.183 N/A 0.191 N/A 0.187 N/A
Italy 0.234 0.201 0.250 0.217 0.257 0.225 0.253 0.221
Japan0.186 0.201 0.202 0.217 0.209 0.225 0.205 0.221
Korea (South) 0.251 0.201 0.267 0.217 0.274 0.225 0.270 0.221
Latvia 0.181 N/A 0.197 N/A 0.204 N/A 0.200 N/A
Luxembourg 0.184 0.201 0.200 0.217 0.207 0.225 0.203 0.221
Malaysia 0.161 0.201 0.176 0.217 0.184 0.225 0.180 0.221
Mexico 0.204 N/A 0.220 N/A 0.227 N/A 0.223 N/A
Netherlands 0.171 0.201 0.186 0.217 0.194 0.225 0.190 0.221
New Zealand 0.166 0.201 0.182 0.217 0.189 0.225 0.185 0.221
Norway0.238 0.201 0.254 0.217 0.262 0.225 0.258 0.221
Panama 0.205 N/A 0.221 N/A 0.228 N/A 0.224 N/A
Peru0.358 N/A 0.374 N/A 0.381 N/A 0.377 N/A
Philippines 0.335 N/A 0.351 N/A 0.358 N/A 0.354 N/A
Poland0.165 N/A 0.181 N/A 0.189 N/A 0.185 N/A
Portugal 0.249 0.201 0.264 0.217 0.272 0.225 0.268 0.221
Russia 0.235 N/A 0.251 N/A 0.258 N/A 0.254 N/A
Singapore0.161 0.201 0.176 0.217 0.184 0.225 0.180 0.221
South Africa 0.246 N/A 0.262 N/A 0.270 N/A 0.266 N/A
Spain 0.230 0.201 0.246 0.217 0.254 0.225 0.250 0.221
Sweden 0.304 0.201 0.320 0.217 0.327 0.225 0.323 0.221
Switzerland 0.185 0.201 0.201 0.217 0.208 0.225 0.204 0.221
AT&T and Customer Confidential Information
Page 4 of 7
Doc ID: TCF44084GCO - $1K - $10K named user voc upgrade
For AT&T Administrative Use Only
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or Master Agreement No. __________
before December 31, 2010.
Pricing Schedule for AT&T TeleConference Services
Reservationless
Operator Assisted Dial
Reservationless (RADI) Reserved (ADI) Operator Assisted Dial
In (OADI)
Country
In (ROADI)
Toll-Free Caller Paid Toll-Free Caller Paid Toll-Free Caller Paid Toll-Free Caller Paid
Taiwan 0.280 0.201 0.296 0.217 0.304 0.225 0.300 0.221
Thailand 0.167 N/A 0.183 N/A 0.191 N/A 0.187 N/A
United Kingdom 0.165 0.175 0.181 0.191 0.189 0.199 0.185 0.195
Uruguay 0.199 N/A 0.214 N/A 0.222 N/A 0.218 N/A
Venezuela 0.293 N/A 0.309 N/A 0.317 N/A 0.313 N/A
7.6 AT&T Connect
7.6.1 Subscription
Integrated Edition Named Monthly Subscription/ Service Rollout
User Subscription Number of Named Number of Guest Users Service Fees Per Days Included
Users Named User
Named User Subscription 1 - 499* 124 $17.50 2
No Voice over Computer
(Customer will upgrade to
Voice over Computer when
available)
*Customer must submit dition to order
7.6.2 Maintenance and Support Services
Annual Service Maintenance and Support Fees
Maintenance and Support Included
8. Intellectual Property; Grant of License; Limitations of License
8.1 Scope of Licenses
. All licenses granted to Customer as part of the Service are nonexclusive, nonsublicensable, nontransferable
) and are specifically limited to allow Customer to:
permit Registered Users to access and use the licensed Software for the purpose of initiating and attending Events, in accordance
with the additional Software product rights and limitations set forth here and in the related user documentation;
reproduce the Software solely for the purpose of installing and using it in accordance with the related user documentation;
install and use the Software on an unlimited number of Customer-provided servers in accordance with the related user
documentation (if Customer has ordered a hosted Software license);
accordance with the related user documentation;
access, download, use and reproduce the participant module for installation and use by Registered Users on any computer owned or
controlled by Customer, and authorize any third parties to access, download and use such modules on any computer owned or
controlled by such third parties for use only with Events initiated by Registered Users;
make a reasonable number of copies of the related user documentation that accompanies the Software; and
make one backup copy of the Software, as applicable, for archival or disaster recovery purposes.
AT&T and Customer Confidential Information
Page 5 of 7
Doc ID: TCF44084GCO - $1K - $10K named user voc upgrade
For AT&T Administrative Use Only
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or Master Agreement No. __________
before December 31, 2010.
Pricing Schedule for AT&T TeleConference Services
8.2 Limitation of Licenses
. Unless otherwise stated in the Agreement, any license granted as part of the Service is granted solely to
Customer, and not, by implication or otherwise, to any parent, subsidiary or affiliate of Customer. If the Agreement grants rights to any parent,
subsidiary or affiliate of Customer, Customer shall remain responsible for compliance by such party with the terms of the Agreement and the
Service Guide, including enforcing restrictions of the number of Registered Users licensed. The license granted does not authorize Customer
(nor may Customer allow any third party) to: (a) copy, distribute, reproduce, use or allow third party access to the Software except as
expressly authorized under Cu decompile, disassemble, reverse engineer, translate, convert or apply any procedure
or process to the Software in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for
the Software or any trade secret information or process contained in the Software; (c) unless approved by AT&T, modify, incorporate into or
with other software, or create a derivative work of any part of the Software; (d) use, access or allow access to the Software in any manner to
provide service bureau, time-sharing or other computer services to third parties; (e) disclose the results of any benchmarking of the Software,
or use such results for its own competing software development activities, without the prior written consent of AT&T; (f) sell, offer to sell or
otherwise provide for a fee access to previously recorded Events, or (g) attempt to circumvent any user limits or other license, timing or use
restrictions that are built in to the Software. Customer is hereby notified that the Software may contain time-out devices, counter devices,
Limiting Devices
contain Limiting Devices, AT&T shall ensure that Customer receives any keys or other materials necessary to use the Software to the limits of
8.3 Third Party Licenses
. The Service may incorporate, use, or access software not written or developed by AT&T but, instead, provided
by third parties (Third Party Software). The license terms associated with any Third Party Software require that AT&T acknowledge those
third parties and the license terms. AT&T shall have no liability or responsibility for the operation or performance of the Third Party Software,
and shall not be liable for any damages, costs, or expenses, direct or indirect, arising out of the performance or failure to perform of the Third
Party Software. Customer agrees that its use of the Service is subject to the terms of Third Party Software Notices and/or Additional Terms
and Conditions which can be found at http://www.uc.att.com/license_thirdparty.html (generally found in the "About" option in the Software).
Customer agrees to the terms of any and all such licenses, including any posted changes to these terms.
8.4 Intellectual Property Rights
. AT&T and its licensors own and will continue to own all right, title, and interest in and to the Softwareand
Third Party Software. Customer shall not delete or in any manner alter or obscure the copyright, trademark, and other proprietary rights
notices of AT&T and its licensors, which appear on the Software and Third Party Softwareas delivered to Customer. For the avoidance of
doubt, the Software is licensed, not sold.
are and will be the sole and exclusive property of AT&T, and neither ownership nor title to any such property will pass to Customer.
granted,
-exclusive, personal and non-
third parties and
revenue generation purposes. AT&T hereby grants to Customer the non-exclusive, personal, and non-transferable right to use any item
other than Reports produced and furnished to Customer by AT&T as part of the Service, solely for Customer's own internal business
purposes during the time AT&T provides the Service, or for such other purpose as the parties may agree in writing.
AT&T and Customer Confidential Information
Page 6 of 7
Doc ID: TCF44084GCO - $1K - $10K named user voc upgrade
For AT&T Administrative Use Only
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or Master Agreement No. __________
before December 31, 2010.
Pricing Schedule for AT&T TeleConference Services
Attachment A AT&T Connect Integrated Edition Initial/Supplemental Order Form
AT&T Connect Integrated Edition
Initial/Supplemental Order Form
This Initial/Supplemental Order Form authorizes AT&T to enable service subscription and billing for AT&T Connect
Customer Order Information:
Customer OCP ID No.
Site Order Completion #:
Rate Plan ID No.
Integrated Edition Software
Named User Subscription Number of Named Users
Named User Subscription (No Voice over Computer Enter the number of new Named Users: 5
(Customer will upgrade to Voice over Computer when Enter the number of existing Named Users: 0
available)) Enter the total number of Named Users once the
order is completed 5
Customer acknowledges by signing below that the selections provided within this order form constitute an
Service agreement, signed (MM/DD/YY) .
Acknowledge by:
By:__________________________________________
(Authorized Signature)
_____________________________________________
(Typed or Printed Name)
_____________________________________________
(Title and Date)
AT&T and Customer Confidential Information
Page 7 of 7
Doc ID: TCF44084GCO - $1K - $10K named user voc upgrade
Item Background
For the past seven years Monroe County contracted with Bellsouth for a product called Bellsouth
Conferencing. After the merger with AT&T, this product was transitioned into a new offering
called AT&T Connect.
AT&T Connect provides conferencing services at a lower cost than we are presently paying for
Bellsouth Connect. Furthermore there are several features and functions of AT&T Connect
which will offer enhanced functionality to Emergency Management during their schedule
interagency conference calls.
AT&T Connect offers application sharing, a shared whiteboard, multiple moderators and
presenters. The application can control who can access the call and the web resources; it offers
full end-to-end encryption; monitoring of participants and call attendance; and real time
participation data. The application also supports video conferencing and fully integrates with our
existing PBX networks such that internal participants could dial a 4 digit extension to access the
conference.
Staff recommends approval.
Technical Services
August 18, 2010
BOARD OF COUNTY CO:MMISSIONERS
AGENDA ITEM SUMMARY
'I '0
@ }~~~D'
Meeting Date: August 18.. 2010
Division: Public Works
Bulk Item: Yes -X- No
Department: Engineering
Staff Contact PersonlPhone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of Resolution authorizing staff to apply for the TIGER n
Discretionary Grant and any other grant for bridge repair and rehabilitation funding and authorizing the
Mayor to execute grant documents.
ITEM BACKGROUND: Staff anticipates that nine of the County bridges will require repair and
rehabilitation within the next few years at an estimated cost of approximately $14 million for design
and construction. Grant funding is available for eligible projects through a discretionary grant program.
Staff anticipates applying for a grant for $11.2 million to fund 80% of the work. Gas tax revenue of
$2,075,000 and Card Sound Road Fund revenue of $725,000 will be used as the 20% match.
The grant application requires signature by authorized representative of the County.
PREVIOUS RELEVANT BOCC ACTION: At the August 2009 meeting the BOCC passed
resolution 241..2009 indicating strong support for bridge repair in support of the 2009 TIGER
Discretionary Grant application for bridge repair and rehabilitation.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST: $14..000.000 INDIRECT COST:
BUDGETED: Yes _No_
COST TO COUNTY: $2..800.000 SOURCE OF FUNDS: Gas Tax revenue & Card Sound Fund
REVENUE PRODUCING: Yes Nol AMOUNTPERMONTH_ Year_
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM # C,;3-d-
Revised 1/09
RESOLUTION NO. 2010
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, GRANTING APPROVAL TO
APPLY FOR GRANTS TO FUND BRIDGE REPAIR AND
AUTHORIZING THE MAYOR TO ACf AS AUTHORIZED
REPRESENTATIVE ON GRANT FORMS.
WHEREAS, the Department of Transportation's National Infrastructure
Investments Under the Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act for 2010 (FY 2010 Appropriations Act) has authorized the
use of federal dollars to, inter alia, support surface transportation and transportation
infrastructure throughout the nation; and
WHEREAS, the Florida Keys is a chain of islands at the southernmost tip of the
state of Florida and comprises one hundred and twenty miles of linear county, connected
together and to the Florida mainland by a series of 42 bridges; and
WHEREAS, in addition to the roads and bridges for which the State of Florida is
responsible in the Florida Keys, the government of unincorporated Monroe County is
responsible for maintaining approximately 400 miles of roadways and 26 public bridges;
and
WHEREAS, 23 of the 26 public bridges in unincorporated Monroe County were
constructed in the 1960ts or earlier and are in need of repair and rehabilitation; and
WHEREAS, the roads and bridges of the Florida Keys are traveled by tourists as
well as the approximate 79,000 residents of the Keys; and
WHEREAS, as a community comprised of a number of islands it is understood
that the bridges that form part of the road system are vital to the community's well being;
WHEREAS, the Board of County Commissioners on May 20, 2009 imposed an
additional Motor Fuel Gas Tax to increase funding for road and bridge projects; and
WHEREAS, the Board of County Commi~~ioners on August 19, 2009 approved
Resolution 241-2009 indicating strong support for bridge repair and rehabilitation
projects as part of the 2009 TIGER Discretionary Grant application; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA THAT:
1. Staff is authorized to apply for the TIGER IT Discretionary Grant, and is also
authorized to apply in the future for any other grant to fund repair and
rehabilitation of bridges that are part of the Momoe County road system and for
which the Office of Management and Budget has identified matching funds.
1
2. The Mayor is authorized to act as authorized representative on grant documents.
PASSED AND ADOPI'ED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 18th day of August, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commlsioner Kim Wigington
Commissioner George Neugent
Commissioner Marlo Di Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By:
Attem:DANNYL.KOLHAGE,CLERK
By:
Deputy Clerk
Tiger n Grant
Mayor
iv10NROE COUNTY ATTORNEY
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