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C. Bulk Approvals
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Deputy County Administrator Bulk Item: Yes X No _ Department: Library Staff Contact Person/Phone #: Norma Kula x7349 AGENDA ITEM WORDING: Approval of the filing of a grant application and agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and execution of same with the proper County authorities. ITEM BACKGROUND: This is an annual application process to receive State Financial Aid for the Library system. PREVIOUS RELEVANT BOCC ACTION: Board approved prior application at the September 16, 2009, meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 00 BUDGETED: Yes X No COST TO COUNTY: $ 00 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes X No AMOUNT PER Year $ 50 000.00 APPROVED BY: County Att�)t OMB/Purchasing Risk ManagementL DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required. AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FL Dept of State, DLIS Contract # Effective Date: October 1, 2010 Expiration Date: September 30, 2011 Contract Purpose/Description: Annual funding providing State financial aid to the Monroe County Public Library Contract Manager: Norma Kula 7349 Library / # 23 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Sept. 15, 2010 Agenda Deadline: 8/31/2010 CONTRACT COSTS Total Dollar Value of Contract: $ 50,000.00 Current Year Portion: $ 50,000.00 Budgeted? Yes® No ❑ Account Codes: - - - - Grant: $ 50,000.00 k15 - 6J-1019 —3;49 11 au County Match: $ -00- - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $-00-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes D t In Needed Division Director Yes❑ No[g- Risk Manage ent �-Jq-!b Yes❑ No[z Date Out S;- O.M.B./Purc sing Yes❑ No C] County Attorney � lv Yes❑ No® aafe I Comments: OMB Form Revised 2/27/01 MCP #2 /6 1 Mernamdum To: Monroe County Board of Commissioners From: Norma Kula, Director of Libraries Date: 8/13/2010 Re: BOCC Agenda Item —Approval of State Aid Grant Application The above -referenced item is part of the annual process of applying for the State Aid to Libraries grant, offered by the Florida Department of State, Division of Libraries and Information Services. The grant is important to our overall Library funding, helping us to provide essential services, programs and materials to our patrons. The amount of the grant is a percentage based on our budget of the second previous fiscal year, and has been reduced in the past few years from 7-8% to an expected 2% for the coming year. 1 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) MONROE COUNTY BOARD OF COMMISSIONERS (Name of library governing body) Governing body for MONROE COUNTY PUBLIC LIBRARY (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the Legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for federal program matching requirements. State Aid to Libraries Grant Agreement Page 1 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at hftps:Happs.fldfs.com/fsaa/. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. The Department of State at the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State employee to avoid a potential violation of those statute g. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. State Aid to Libraries Grant Agreement Page 2 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. If any matter arising out of this Contract becomes the subject of litigation, venue shall be in Leon County. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. State Aid to Libraries Grant Agreement Page 3 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants, or employees; nor shall the Grantee exclude liability for its own acts, omissions to act, or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to Section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns., and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries State Aid to Libraries Grant Agreement Page 4 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE Chair of Governing Body or Chief Executive Officer Typed Name Date Clerk or Chief Financial Officer Typed Name and Title of Official Date THE DIVISION Florida Department of State Division of Library and Information Services Typed Name Date Division Witness Date MONROE COUNTY ATTORNEY 4HURISTId- APPROV,-zD AS TO FORM%110MMERT-B4RR&S ASSISTA*Tr COUNTY ATTORNEY State Aid to Libraries Grant Agreement ®ate - I I Page 5 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2010-2011 STATE AID TO LIBRARIES GRANT APPLICATION Form DLIS/SA01 Submit by October 1, 2010 (postmark) Check One: _X_Single County Library Municipal Library County Participating in a Multicounty Library The _Monroe County Board of County Commissioners, (Name of library governing body) governing body for the _Monroe County Public Library (Name of county or municipal library) Complete either Section 1A or 1 B as applicable. 1A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 2008 and ending September 30, 2009 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds expended centrally by the library for the operation and maintenance of a library between October 1, 2008 and September 30, 2009. $ _2,364,068.00 State Aid to Libraries Grant Application, Form #DLIS/SA01 page 1 of 3 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 Library Name: _Monroe County Public Library 1 B Certification of Local Operating Appropriations for New Libraries (Complete this section gnly if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2010 and ending September 30, 2011 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2010 and September 30, 2011. $ _N/A SIGNATURES: LQ n s Library Finance Manager Valerie A. Moore Typed Name 08/12/10 Date Single Library Administrative Head Norma Kula Typed Name 08/12/10 Date State Aid to Libraries Grant Application, Form #DLIS/SA01 page 2 of 3 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES EXPENDITURE OR APPROPRIATION REPORT Form DLIS/SA01 Library Name: Monroe County Public Library. Check Applicable X_ Expenditure Report - October 1, 2008 - September 30, 2009 Appropriation Report - October 1, 2010 - September 30, 2011 (Provide appropriation only if the applicant is a newly established public library in the first two years of operation.) EXPENDITURE/ FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION CATEGORY LOCAL STATE FEDERAL OTHER 10 Personnel 1,882,059.66 0 0 0 1,882,059.66 Services 30 Operating 294,189.86 13,390.88 0 4,768.92 312,349.66 Expenses 60 Capital Outlay 187,818.46 45,228.54 0 21,564.99 254,611.99 (Non -Fixed) Other 0 0 0 0 0 Total for the 58,619.42 0 26,333.91 2,449,021.31 operation & maintenance of the library 2,364,067.98 60 Capital Outlay 0 0 0 0 0 (Fixed, including purchase or construction of a library building or quarters) State Aid to Libraries Grant Application, Form #DLIS/SA01 page 3 of 3 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective 4-1-2010 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: _Deputy County Administrator. Bulk Item: Yes X No _ Department: LibraEy Services Staff Contact Person/Phone #: Norma Kula / x7349 AGENDA ITEM WORDING: Approval of the Library Long -Range Plan of Service for the years 2011-2013. ITEM BACKGROUND: This is part of an annual application process to receive State Financial Aid for the Library. PREVIOUS RELEVANT BOCC ACTION: The Library Annual Plan has been approved annually by the BOCC, most recently at the meeting of November 18, 2009. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER Year $ 50,000. APPROVED BY:County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # MONROE COUNTY PUBLIC LIBRARY LONG-RANGE PLAN OF SERVICE SUBMITTED BY NORMA KULA DIRECTOR OF LIBRARIES AUGUST 13, 2010 A NOTE ON THE LONG-RANGE PLAN FOR THE MONROE COUNTY PUBLIC LIBRARY 2011-2013 For many years, in the Library community, the long-range plan was viewed as a blueprint of things to come. The Plan was outlined, organized, and structured to the last degree, in the finest tradition of a structure defined by a blueprint. It was based on numbers and statistics based on past and present counts and studies. It was detailed, graphed, and measured for the future in terms of all things measurable —people, books, audio-visual items (in their early days of popular usage), library visits —if it was found in the Library, it was counted and placed in the plan, either as a number to be seen as a sign of success or a number to be reached for success in the future. This system of planning worked well in its own way and in its own time, but like many blueprints, the structure thus designed eventually developed flaws: it did not include enough elasticity for the changes that come with a successful endeavor, it allowed no flexibility for stretching or adapting to new needs. It was too rigid in its outlook —it was not open to new ideas, to diversity of community, to growth in the world beyond that would demand growth in the plan itself. This type of plan was formed from the inside out —it had no "give." Formulating a long-range plan of service for a public library today is a far different exercise. Today we are much more cognizant of the world beyond the library itself. Instead of asking ourselves just "How many books?" "How many people?" we need to know "Who are our readers?" What groups are we not reaching and why?" "Do they prefer to read or to be read to while engaged in other tasks?" "What are their needs?" "How is their world changing?" and we structure our plan around the answers to those and other, similar, questions. In this way the plan of service becomes truly service -based and service -oriented, and flexibility becomes the standard. As with many other Libraries throughout the state of Florida and across the nation, the last few years of financial and funding instability have had a strong negative impact on our abilities to provide services to the extent and variety that we would like. These factors have similarly affected our outlook for Library planning. The new and expanding goals that might have been addressed through enhanced allotments of funding and staff time must instead be re-evaluated, prioritized, and situated in the continuum of established goals already on record and already in progress. 2 The prospect of funding itself will have to be re-examined and considered in an entirely new light, with a view to a more thorough consideration of how to maintain maximum services possible with minimal expense, in terms of both financial and personnel investment. For these reasons, the Long -Range Plan of Service for the Monroe County Public Library for the years 2011 through 2013, while still aimed at moving us forward in meeting community needs and provided those essential services basic to our mission, will also re -visit the plans and services of the past few years. Lacking funds for expansion, we must review what we currently are doing and seek out ways to continue current services at less cost. In the same vein, we must explore opportunities for enhancing Library revenue. If we cannot implement new services as we would prefer to do, we must concentrate on enrichment of present activities or determine whether and how those present activities might better be adapted to the new needs. If we are unable to increase staffing, we must focus on making the best possible use of, and expanding upon, the capabilities of our current staff, already proven to be the outstanding asset of our Library system. Our new plan will approach these challenges in terms of continuing to do our best for our communities, while seeking new ways of assessing our priorities and new avenues for meeting our goals. A BRIEF HISTORY OF MONROE COUNTY, FLORIDA In May of 1513, explorer Ponce de Leon sighted the Florida Keys and claimed Florida for Spain. The Spanish sailors gave this area of mangroves the name of "Los Martires," or The Martyrs. On later maps, various Keys were identified as Cayo Hueso (Bone Key), Islamorada (Purple Island), and a host of other names that changed with the identifier and mapmaker. When Florida came under British control in February of 1763, many of the local Indians moved to Cuba. Twenty years later, under the second Spanish Reign in Florida, Loyalists left for the Bahamas and other British possessions. Florida became a U.S. Territory in 1821, with the ratification of a treaty between the United States and Spain, and later that year Juan Pablo Salas, who had received Key West as a Spanish land grant in 1815, sold the island to John W. Simonton, a Havana merchant, for the noteworthy sum of $ 2,000.00. Simonton then sold parts of the island to fellow businessmen Whitehead, Fleming and Greene. In 1821 Spain ceded East and West Florida to the United States. President James Monroe appointed General Andrew Jackson as Military governor, and instructed the General to set up a new government. Jackson's first action toward this goal was to organize Florida into a single territory composed of two counties. Thus West Florida became Escambia County with Pensacola as its county seat, and East Florida became St. John's County, with St. Augustine as the county seat. 3 On July 3, 1823, Monroe County became the sixth county in the State, when it was formed out of St. John's. All of the mainland areas now known as South Florida, as well as the Florida Keys, were included in this formation. This large area remained one county until 1836, when Dade County was formed, through a series of political maneuvers. Its borders included the eastern half of the mainland and the Keys north of Bahia Honda. Those Keys from Bahia Honda to Old Rhodes Key were not returned to Monroe County until 1866. The original formation of Monroe County was divided over and over again through the following years. From its initial boundaries came Dade, Lee, Hendry, Collier, Broward, and a part of Palm Beach Counties. Key West was established as the County seat a year after the island's first settlers arrived; that same year it was made a port of entry. The few Keys settlers were scattered across the islands —probably not more than 150 Europeans in all. No accurate population data exists from that period. The Florida Keys have played a major part in Florida's growth, both historically and economically. There are 822 Keys large enough to be shown on government charts; many of their names have changed over the years. Indeed, a large number of them have changed names with almost every generation of mapmakers. (An extensive study of this history has been carried out by Library staff; the fascinating results are available on the newly -developed website: http://keys.fiu. edu/gazetteer/index. htm ) It is noteworthy that there are only five incorporated areas in all of Monroe County: Key West incorporated in 1828, Key Colony in 1955, Layton in 1963, Islamorada in 1998, and Marathon in 1999. HISTORY OF THE MONROE COUNTY PUBLIC LIBRARY In 1835, a young attorney, originally from Kentucky, wrote to relatives from his new home in Key West, "The society of the place is, of course, small, but there are many families from the Atlantic States now our residents, that would be very desirable acquisitions were they to return to the places of their nativity. There is the same taste, luxury, and display that you find in the large cities in their dinner and evening parties. More good books, reviews and late publications are found here than you have the most distant ideas of." In 1835, a Sunday School library circulated books among the people of the community. Old records of that year explain that on "Saturday, April 4, 1835, on suggestion of the Mayor and unanimously resolved, the fees paid by members of board absent during the year, $ 12.00 in amount, be presented to the Sunday School Library of Key West." 0 The Monroe County Public Library has a unique place in history as the oldest Library in South Florida. Its beginnings can be dated as far back as 1853. The first written record of the Key West Library Association is mentioned in the diary of William R. Hackley, who writes that he had paid his dues to that Association in July of 1853. A microfilm copy of that diary is now held in the Florida History Room at the Key West Branch of the Monroe County Public Library, while the original can be found in the collection at the Florida State University. The Association stored its book collection within a wire enclosure, and upon selection by patrons, the books were passed through a wire wicket. The Library was housed in a variety of locations on Duval Street and guided by various civic groups over the next sixty or so years, until in 1915 the Key West Woman's Club assumed the operation of the Library Association as its foremost project. The Key West Branch, which became the Headquarters Library, moved into its present location in 1959, with a major expansion in 1992. The Key Largo Branch began in the Key Largo Civic Club Building in 1962, moving once in 1967, and taking up its current location in 1989. The Marathon Branch began in 1962 and took up its present location in 1982; Islamorada's Branch opened in 1966, with expansions in 1983 and 1997. The most recent Branch was established in Big Pine Key in 1995, with an expansion there in 2003. Over one hundred and fifty years have passed since those earliest steps toward a County Library system; today the Monroe County Public Library is a vital part of the fabric of its communities. Each branch reflects its own area, and each area reflects its own people, with distinct characteristics, interests and needs. Library service is ad valorem tax -based, funded by the General Fund of the Monroe County budget. The five branches, with staff totaling thirty employees, provide on -site services five days and two evenings each week. Our Library card -holders number more than half the population of Monroe County. Our website now provides 24/7 access to the full Library catalog, including renewal and request services. Our collection has grown from the 10,000 books of the Key West Branch in 1959 to over 190,000 items in a variety of media, including digital databases. The Library has grown and developed through its history, and continues to do so, as services and patron usage increase yearly. INTRODUCTION TO THE LONG-RANGE PLAN In order to remain a viable and living institution, the Library must grow. Without a long-range plan, growth becomes unmanaged and unmanageable. A long-range plan provides a framework for future growth, and becomes a set of guidelines for decisions regarding all aspects of Library development and operations. It is important to set goals over a several year period as an effective procedure for sound planning and for making cost-effective budgetary decisions. At the same 5 time, it must be acknowledged that changes outside of the Library environment as well as changes within the Library culture take place as an on -going norm. This has become obvious, not only with the current fiscal uncertainties, but with the changes in our communities, in our range of services, and in the world of technology which now drives so much of what we do and how we do it . Goals and objectives laid out in this plan will complement the Library's mission and service responses to meet the needs of the communities which it serves. Such a plan must be a living document, subject to regular measurement and review, not so much by numbers as by the tangible and intangible outcomes which are the results of our work. It must be constantly open to modifications in its objectives and in the activities that may be needed to carry out its intent, as well as being designed and able to adapt responsibly to resource availability. Again, this is more true today than ever before. CHANGING DEMOGRAPHICS/NEW COMMUNITY NEEDS For the past several years Monroe County has been in the process of undergoing a number of changes, which have had and will continue to have great impact on its communities and their service needs. The rate of growth has been and probably always will be a major factor in community planning; it is a topic which lends itself readily to much debate. Economic changes have been of much concern throughout the state, and the impacts of those events on the State of Florida have come to rest heavily upon this tourist -driven area. The incorporations of Islamorada and Marathon have likewise affected the economic life of the unincorporated areas. Although many of the services for these cities are provided from within, the Library still operates as a Countywide service provider —there is one public Library system for the whole of Monroe County. Changes in the makeup of County population are other factors that are to be considered in Library planning —as the population ages or more young families move into the area, as literacy rates increase or decrease, as language barriers become more or less prevalent —all these variations create new challenges for the Library, and all must be included in our plans to meet future needs. Collections, programs offered to the public, all the services that the Library offers need to be geared to adaptation and modification. Among the demographic changes estimated to have take place in Monroe County between 2000 and 2009 are: Increase in number of children under 5 years of age, from 4.3% to 5.2% of the population Children from 5-14 years now estimated at 8.4% Youth from 15-19 now estimated at 4.3% Adults from 20-24 now estimated at 4.3% Decrease of adults between 25 and 44 years from 31 % to 22% Increase of adults between 45 and 54 years from 18.4% to 18.9% Adults from 55-64 now estimated at 20.2% I Decrease of adults between 65 and 74 years from 8.5% to 4.6% Increase in Hispanic population from 15.8% to 19.5% 31 % of Monroe County households are now single -person households School registrations have decreased, increased, and decreased over the past several years. All of these changes may have a bearing on community needs and interests, and should be taken into consideration when planning collection development, programs, and other services to be offered. As we study our communities and their changing natures, and begin to plan for the accompanying changing needs and service demands, a vision takes shape for the future of Monroe County and its Library System in relation to its people: VISION FOR MONROE COUNTY LIBRARY AND COMMUNITY The people of the Monroe County community will: • Have the information they need to succeed at school, at work, and in their personal lives; • Discover the joy of reading and develop an appreciation of learning; • Enjoy a high level of access to electronic information resources, through the latest information technologies in the provision of Library services; • Develop the technological, information seeking, and information evaluation skills needed in an increasingly complex world; • Use the resources of the Monroe County Public Library in a way that will improve the quality of their lives and that of the community as a whole. SERVICE RESPONSES With this vision in mind, we have identified the following as the service responses that are our commitment to our community: • General information • Current titles and topics • Lifelong learning • Local history and genealogy From these service responses the mission of the Monroe County Public Library is formed: 7 MISSION STATEMENT The Monroe County Public Library will meet the changing needs of our communities for information, education and recreation in a variety of materials formats and technologies. The Library responds to the needs of users of all ages by providing equal, easy and open access to materials and services delivered in an efficient, timely and professional manner by staff who are friendly, helpful and knowledgeable, in buildings that are inviting, comfortable and fitted for technological growth and development. GOALS AND OBJECTIVES SERVICE RESPONSE 1: GENERAL INFORMATION GOAL: The Monroe County Public Library will provide timely and accurate information in print and electronic formats for residents of all ages. OBJECTIVE: The Library will maintain a collection of printed materials that are current, organized, and accessible, covering a broad variety of topics. Achievement/Measurement Plan: FY 2011: Implement a program of staff training in collection development in all media as a skill and a professional tool for meeting community needs beyond the normal routine of purchasing materials; set up a plan to expand our resources to include more materials for our non -English-speaking communities. FY2012: Using the now active weeding project as a tool in analyzing deficiencies, establish a set of standards for materials in all formats, with benchmarks for currency and completeness of information, especially in time -sensitive areas such as medicine and law. FY 2013: Set up a plan to enable individual branches to concentrate on meeting the needs of their individual communities, while maintaining a core collection of basic Library requisite materials. OBJECTIVE: The Library will expand a collection of materials in a variety of formats to meet the users' needs for information Achievement/Measurement Plan: FY2011: Systematize a plan for continuing staff training in all databases currently being offered as well as those added to the collection through purchase and through the State Library; all staff should be trained and prepared to enable patron education in use of all databases currently available to them. Current databases will be studied with focus on cost and value analysis as we re -format our criteria for adding databases to our collection. Through web access we will continue to reach out to our County employee community by keeping them informed of areas in our collection which will enrich their professional development. FY 2012: Research potential partnerships within the community and explore other possible sources of database funding. FY 2013: Analyze the use and value to the patron of print materials as opposed to, or in conjunction with, electronic materials covering the same information, in terms of content, currency, reliability, ease of use, and cost valuation. GOAL: The Library will offer reference service through phone and on -site access, and explore potential for technological expansion OBJECTIVE: Staff will be trained in the reference process and the use of print and electronic reference sources Achievement/Measurement Plan: FY2011: Ensure that staff is trained in the growing use and functions of the various e-government services now available online, so that they will be prepared to assist those patrons who need to make use of those services but do not have the technology skills to do so with comfort. FY 2012: Set up a plan by which staff will be trained in a variety of social media and their potential use for Library service expansion. Promote wider knowledge and use of resources such as the Florida Electronic Library and our Gale databases so that our patrons will be able to access and use them with understanding and confidence. FY 2013: Investigate the expansion of our reference services through expanding technologies, such as Ask -a -Librarian services, reference chat programs, and other similar offerings SERVICE RESPONSE #2: LIFELONG LEARNING GOAL: Library users of all ages will find the means to continue to learn throughout their lives and to access, evaluate, and use information in a variety of formats. OBJECTIVE: Programming for children, both in-house and outreach, will be designed to reach a broad audience of children and their caregivers 11 Achievement/Measurement Plan: FY 2011: Establish a program of system -wide cooperation in program planning and implementation, as well as sharing of materials, especially in the collections for non -English- speaking patrons FY 2012: Complete an analysis of current collection of children's literature and parenting materials; evaluate needs and sources for enrichment of collection and begin expansion throughout the system FY 2013: Develop a core collection of materials in all appropriate media for use by staff involved in children's programming, for availability as needed in all areas of the system, to build a broader resource for these service providers and avoid unnecessary duplication of materials and expense. OBJECTIVE: The youth of Monroe County will be targeted as a part of the community not yet fully served Achievement/Measurement Plan: FY 2011: Amplify the plan to add a Teen Page to the Library website, offering items, information, and links of special interest to that age group. Branches will coordinate a review of YA materials to move forward in a process of evaluation and development at each branch, with a goal of enhancing the appeal of the collection and physical space dedicated to the Young Adult reader FY 2012: Formulate a plan to incorporate the needs and input of our youth community into collection development, activities, and programming; look into space planning for enhancing the physical space dedicated to the Young Adult reader. FY 2013: Work with school and community groups to implement the plan thus formulated to create a Library environment responsive to the needs of this audience. OBJECTIVE: The Senior Citizens of Monroe County will find sources of information and entertainment at the Library reflecting their particular needs and interests. Achievement/Measurement Plan: FY 2011: Continue analysis and enrichment of the Large Print and audio collections; expand the series of classes in computer and software usage to fill Senior patron needs at all branches 10 FY 2012: Set up a program of presentations geared to the interests of Senior Citizens that will be offered in each Library community; coordinate efforts along this line through joint planning at the branch level. FY 2013: Establish outreach services to Senior Citizens through the branch communities; as above, coordinate efforts along this line through joint planning at the branch level. SERVICE RESPONSE #3: CURRENT TITLES AND TOPICS GOAL: Patrons of the Monroe County Public Library will have access to the high -demand popular materials that they want through their local branch Library. OBJECTIVE: Branch Managers will coordinate efforts to ensure that copies of high -demand print materials are available to all patrons, while over -duplication of these materials is avoided. Achievement/Measurement Plan: FY 2011: Appropriate staff will be trained in the use and capabilities of the new ILS (Integrated Library System) Acquisitions module, using it as a tool in collection development while keeping customer need and materials budget restrictions in the forefront of collection planning. FY 2012: Staff involved in materials purchases will develop a system for sharing resources such as those obtained through the Automatically Yours program so that maximum purchasing power will be promoted with minimum duplication. FY 2013: The Library will initiate an in-depth study and analysis of materials purchasing systems and vendors, comparing costs, products in all media, and benefits in terms of value received. OBJECTIVE: The Library will use technological advances as well as traditional means as tools for enriching information services Achievement/Measurement Plan: FY 2011: The Library will make extensive use of our new webpage for promotion of Library services, events, news, and programs, using staff input and creativity to keep the site fresh, current, and of interest and significance to our patrons. FY 2012: Branches will expand their web presence with news and promotional items geared to their individual communities. FY 2013: Social media will be used as tools for the expansion of our reaching out to a broader base of patrons; 11 types of social media will be studied and analyzed for appropriateness, usability, cost, and effectiveness in this regard. SERVICE RESPONSE #4: LOCAL HISTORY AND GENEALOGY GOAL: The unique features of the Florida Keys will be highlighted in special collections in a variety of formats and ephemera. OBJECTIVE: The collections of materials relating to Keys History, natural history, and genealogy will be expanded and publicized, encouraging use and appreciation of the unique nature of this island chain. Achievement/Measurement Plan: FY 2011: The special local -interest collections throughout the system will be analyzed with a view to broader staff training in the access and use of these collection; staff members in each branch will be involved in this project so that all staff will be made aware of collection holdings in order for broader publicizing of these valued resources through displays, news outlets, and the Library website; FY 2012: The digitization of suitable materials will be promoted to increase the web presence of the collections FY 2013: Available materials will be publicized through programs, displays, news resources, and the Library website to increase use of and appreciation for these unique collections. GOAL: The Florida History collection will be made more widely accessible to promote formal and informal research on all levels of interest and scholarship. OBJECTIVE: Branches with specialized holdings will implement a system of organizing, indexing and cataloging non-traditional format materials, with a view to improving access without endangering the preservation aspect of frail matter. Achievement/Measurement Plan: FY 2011: Florida History collections will be analyzed and the information coordinated to improve access to and knowledge of these specialized materials. Preservation efforts will be explored, especially through the area of grants that become available in this field; priorities for preservation of materials will be established FY 2012: A plan for the indexing and cataloging of historic materials will be outlined and set up, and a needs assessment carried out to determine priorities for its implementation. 12 FY 2013: Communications with historical groups in the Keys and outside the area will be developed to expand the audience for these rare materials; outside access to and usage of these materials will be expanded through available technology Although not mentioned specifically in the outline of activities listed above, one other element is now intrinsic to every goal, objective, and activity that is a part of the current Library long-range plan: we will continue to aggressively seek out new and renewed sources of funding to supplement our budget. We will pursue partnerships within our communities and beyond, we will investigate potential funding sources such as grants and foundations, we will work closely with our Friends groups who have proved so generous in their gifts of time and money in the past. Every opportunity for reducing expenses will be explored and every possible instance of coordination of resources within the system will be implemented and expanded. We are fully cognizant of the vitally important part our services play in the lives of our communities and we do not hold our obligations to our patrons lightly. CONCLUSION This plan for the next three years is an outline only —a map of where we would like to go and how we hope to get there. While it is designed as a three-year view, it is in reality just one more step in the constantly evolving plan for Library services in the Keys. It is part of a continuous journey of growth that does not end with the end of this fiscal year or with the fiscal year three years down the road. Many elements must come into play in unison for the success of this plan — some of these are already in place and need merely to be fine-tuned; others will be unexpected and present new challenges to us and we will need to learn turn them into positive elements of our work. Some basics have always been and continue to be at the heart of this and every Library plan —the mission and goals of the Library are a constant. It is the work of the Library to support the growth and development of individuals, families, and groups, as is pledged in the Mission Statement of Monroe County Government. The Library serves as a constant link between the people of the County community and their sources of business information, educational support, and cultural development, and it is our job to assist the people in realizing their goals in these areas. The Library is a tool by which the community is enabled to survive, to recall its past, and to grow. In order to accomplish this, we must look to our own resources: technology, with its potential for enhanced service delivery, is essential to maintaining our role as service provider, and the Library staff, the most vital element in this plan, must be given the opportunity for training to enhance their skills and develop their capabilities. Effective planning for the future requires the blending of both the personal and technological elements, 13 along with a constant examination of what we are doing, how well we are doing it, and how we can do it better. With this plan, we must unite these factors with a willingness to adopt new ways of thinking, learning, and doing. We must be always open to change, to adaptation, and to improvement, so that our pledge of service to our communities may be not just kept, but constantly renewed. 14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: _County Administration Bulk Item: Yes X No _ Department: En ing eering/Project Management Staff Contact Person/Phone #: Judv Clarke X4329 AGENDA ITEM WORDING: Approval to reject bids and re -advertise a Request for Proposals (RFP) for the Duck Key Security System Installation and Maintenance project. ITEM BACKGROUND: A single proposal was received from Gator Security, Inc. from Okeechobee Florida on August 18, 2010. The Duck Key Security Advisory Board requested a camera security system be installed on the bridges in the Duck Key community. The system would be funded by special assessment through the Duck Key Security Fund 152. PREVIOUS RELEVANT BOCC ACTION: At the January 20, 2010 BOCC Meeting, approval was given to advertise for an RFP for the Duck Key Security System Installation and Maintenance project. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: In an effort to seek additional as well as local proposals, staff is recommending rejecting the proposal from Gator Security, Inc. and approval to re -advertise as requested above. TOTAL COST: App $800 INDIRECT COST: _n/a BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: Fund 152 REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # revised 7/09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes X No Division: Countv Administration Department: Engineering / Project Management Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Receipt of monthly report on change orders reviewed by the County Administrator's Office. ITEM BACKGROUND: There was one change order considered and approved by the County Administrator for the period beginning August 1, 2010 and ending August 31, 2010, and no change order requests denied by Project Management or Engineering Services. PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non -cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A Indirect Costs BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administration Bulk Item: Yes X No _ Department: Engineering / Project Management Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Approval of a Second Renewal to the Administrative Agreement with the Florida Keys Council of the Arts to utilize 10% of the 1% allocation for art funding for the reimbursement of administrative expenses. ITEM BACKGROUND: On September 30, 2010, the First Renewal to the Administrative Agreement with the Florida Keys Council of the Arts (FKCA) will expire. In accordance with Article I of the original Agreement dated October 15, 2009, the FKCA has the option to renew the Agreement for three one-year terms. PREVIOUS RELEVANT BOCC ACTION: On May 16, 2001, the BOCC passed and adopted Ordinance No. 022-2001 providing for the funding of art in new public construction and major renovations projects at 1% of the construction costs for county construction. On October 15, 2008, the BOCC approved an Administrative Agreement with the FKCA to utilize 10% of the 1% allocation for the reimbursement of administrative expenses. On August 19, 2009 the BOCC approved the first of three one-year renewals to the Administrative Agreement. CONTRACT/AGREEMENT CHANGES: Renew the Agreement for the second of three one-year terms beginning October 1, 2010 and ending September 30, 2010. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: Capital Funding REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 7/09 OMB/Purchasing Risk Management X Not Required AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes X No Division: Employee Services Department: Employee Services Staff Contact Person/Phone #: Maria Fernandez -Gonzalez Ext. 4448 AGENDA ITEM WORDING: Approval of Fourth Amendment of the legal services agreement with Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. to update authorized timekeepers retroactively to April 2, 2010. ITEM BACKGROUND: Amendment required to update timekeepers due to change in attorney and paralegal. PREVIOUS RELEVANT BOCC ACTION: Original agreement approved and entered into on July 19, 2006. First amendment approved March 19, 2008 updating timekeepers; second and third amendments approved June 17, 2009 updating timekeepers and a one-time approval of emergency timekeeper. CONTRACT/AGREEMENT CHANGES: Update of authorized timekeepers. In all other respects, the agreement between the parties as amended remains the same. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ N X AMOUNT PER MONTH APPROVED BY: County Atty`',� /Purchasing Risk Management �A� DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Year MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Kelley, Kronenberg, Effective Date:April 1, 2010 Gilmartin, Fichtel, Wander, P.A. Expiration Date: Contract Purpose/Description:Approval of Fourth Amendment of the contract with outside counsel Kelley Kronenberg Gilmartin Fichtel Wander, P.A., for approval of updated authorized timekeepers. This will be an ongoing contract that will be billed hourly. Contract Manager: 4448 Employee Services Maria Fernandez -Gonzalez (Name) (Ext.) (Department) for BOCC meeting on September 15, 2010 Agenda Deadline: August 31, 2010 CONTRACT COSTS Total Dollar Value of Contract: $115.00 per hour Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 501-07503-530318_ Grant: J County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. ate In Division Director l'o Risk ManagNent O.M.B./Pur asing� County Attorney Comments: VMIi norm KevlseU J/11/JJ mt Y FFz CONTRACT REVIEW Changes Needed Reviewer Yes[:] No[Z] Yes❑ NyEl' Yes❑ No[,; Yes[:] No[: . Date Out FOURTH AMENDMENT TO AGREEMENT DATED .JULY 199 2006 BETWEEN MONROE COUNTY AND KELLEY, KRONENBERG, GILMARTIN, FICHTEL, WANDER, P.A. FOR LEGAL SERVICES On this day of , 2010, A.D., the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. ("Attorney"), hereby entered into this Fourth Amendment to their agreement dated July 19, 2006 ("Agreement"). WHEREAS, the Agreement between the parties specifies the names of authorized timekeepers; and WHEREAS, it is necessary to amend the Agreement from time to time in order to revise the list of approved timekeepers; and WHEREAS, the parties wish to amend the Agreement in order to add the names of Mayleidys Porraspita, Esq., Lori Becker, paralegal, Maria Rubi, paralegal and delete the name of, Naylet Diaz, paralegal in order to clarify the terms of engagement; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows: 1. The list of approved timekeepers and their rates set forth in paragraph 6.3 of the Agreement is revised to read as follows: Approved Time Keepers Name Hourly Rate Steve Kronenberg, Esq. $125.00 Luis Estrada, Esq. $115.00 Mayleidys Porraspita, Esq. $115.00 Angelo Filipi, Esq. $115.00 Barbara Porter, Esq. $115.00 Juan Garcia, paralegal $ 70.00 Lori Becker, paralegal $ 70.00 Maria Rubi, paralegal $ 70.00 2. Paragraph 7.3.1.6 of the Agreement is revised to add the following sentence: Notwithstanding the foregoing language, travel time for any and all employees not resident in the Miami Lakes office will be billed as if the travel originated from and ended in the Miami Lakes office. 3. Paragraph 7.3.1.7 of the Agreement is revised to add the following sentence: Notwithstanding the foregoing language, travel expenses for any and all employees not resident in the Miami Lakes office will be billed as if the travel originated from and ended in the Miami Lakes office. 4. This amendment shall be retroactive to the I" day of April, 2010. 5. In all other respects, the Agreement between the parties as amended remains the same. THIS FOURTH AMENDMENT to the agreement dated July 19, 2006, shall become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. Attest: Danny L. Kolhage, Clerk Deputy Clerk W 2ness -T�7- ? L [? t A SZ� 8�A) -Z' Print Name Board of County Commissioners Of Monroe County, Florida an Sylvia J. Murphy, Mayor Date: For the Attorney, Kelley, Kronenberg, Wander, P.A. ma Gilmartin, Fichtel, Director 1` ?4 - ,)e /0--- Date MONROE COUNTY ATTORNEY AODST F IALYIHA L L ASSISTAN COUNTY ATTORNEY Date -1= 71-0 0 2 THIRD AMENDMENT TO AGREEMENT DATED JULY 19, 2006 BETWEEN MONROE COUNTY AND KELLEY, KRONENBERG, GILMARTIN. FICHTEL, WANDER, P.A. FOR LEGAL SERVICES On thisdayoj., 2009, A.D., the Board of County Commissioners of Monroe County, Florida, as the legislative and governing bodyof Monroe County, Y, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. ("Attorney"), hereby entered into this Third Amendment to their agreement dated July 19, 2006 ("Agreement"). WHEREAS, the Agreement between the parties specifies the names of authorized timekeepers; and WHEREAS, it is necessary to amend the Agreement from time to time in order to revise the list of approved timekeepers; and WHEREAS, the parties wish to amend the Agreement in order to add the names of attorneys Angelo Filippi, Esq. and Barbara Porter, Esq. and delete the names of Krystal Ryan, paralegal, and Frederido Quijada, paralegal; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows: 1. The list of approved timekeepers and their rates set forth in paragraph 6.3 of the Agreement is revised to read as follows: Approved Time Keepers Name Steve Kronenberg, Esq. Luis Estrada, Esq. Angelo Filipi, Esq. Barbara Porter, Esq. Juan Garcia, paralegal Naylet Diaz, paralegal Hourly Rate $125.00 $115.00 $115.00 $115.00 $ 70.00 $ 70.00 2. This amendment shall be retroactive to the 1" day of February, 2009. 3. In all other respects, the Agreement between the parties as amended remains the same. THIS THIRD AMENDMENT to the agreement dated July 19, 2006, shall become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. r ;L ge, Clerk B Deput Clerk 2 Board of County Commissioners Of Monroe County, Florida �~ V By. �' S George Neugent, Mayor Date: J U N 1 7 2009 M� :max rn cDM.Z C7 For the Attorney, r - -n CD Kelley, Kronenberg, Gilmartin, Fm� "4 Wander, P.A. rn rn v C9 i By: Christine Si son, xecutive Director Date MONROE COUNTY ATTORNEY A=ROVQAST F Rt_a YNTHIA L. HALL ASSISTANT COU TY ATTORNEY Date 5-` �'— a2O0 SECOND AMENDMENT TO AGREEMENT DATED 1ULY 19, 2006 BETWEEN MONROE COUNTY AND KELLEY, KRONENBERG, GILMARTIN, FICHTEL, WANDER, P.A. FOR LEGAL SERVICES On this day of 2009, A.D., the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. ("Attorney"), hereby entered into this Second Amendment to their agreement dated July 19, 2006 ("Agreement"). WHEREAS, due to a death in the immediate family of Luis Estrada, Esq. a colleague from the firm of Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. worked on a case for Monroe County in his absence; and WHEREAS, this colleague, Melinda R. Shabka, Esq. was not an authorized timekeeper in the original agreement dated July 19, 2006; and WHEREAS, Monroe County wishes to authorized Melinda R. Shabka as a "one-time only" authorized timekeeper for payment of services provided April 10 and 11, 2008, totaling $218.51; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows: 1. The list of approved timekeepers in paragraph 6.3 of the Agreement is amended on a one-time only basis to add Melinda R. Shabka, Esq. at the rate of $115.00 per hour and authorize payment for services rendered by Ms. Shabka on April 10 and 11, 2008 in the amount of $218.51. 2. This amendment shall be retroactive to the 1" day of April, 2008. 3. In all other respects the Agreement between the parties remains the same. THIS SECOND AMENDMENT to the agreement dated July 19, 2006, shall become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. Attest: Danny L. Kolhage, Clerk Pri 0 Cr- CD LLJ 0 LA - CM w LA - Depu Clerk Board of County Commissioners Of Monroe County, Florida By: George Neugent, Mayor Date: JUN 1 7 2009 For the Attorney, Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. By' Christine Simpson Executive Director Date MONROE COUNTY ATTORNEY A FROV D AS TO FOR : ` I- ry YNTHIA L. ALL ASSIST NT COUNTYATTORNEY 2 FIRST AMENDMENT TO AGREEMENT DATED JULY 19, 2006 BETWEEN MONROE COUNTY AND KELLEY, KRONENBERG, GILMARTIN, FICHTEL, WANDER, P.A. FOR LEGAL SERVICES On this day ofbk�CL-, 2008, A.D., the Board of County Cnmmicc;nn,-rc of Monroe County, Florida, as the legislative and governing body of Monroe County, -^- Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. ("Attorney"), hereby entered into this First Amendment to their agreement dated July 19, 2006. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows: Part A. In order to effectuate the amendments set forth above in 6.3 of the original agreement, entitled Hourly Rates and Changes to hourly rates is replaced in its entirety as follows: Hourly rates for ATTORNEY and additional Timekeepers will be set at: Approved Time Keepers Name Hourly Rate Steve Kronenberg, Esq. $125.00 Luis Estrada, Esq. $115.00 Frederico Quijada, paralegal $ 70.00 Krystal Ryan, paralegal $ 70.00 Juan Garcia, paralegal $ 70.00 Naylet Diaz, paralegal $ 70.00 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the specific matter referenced, unless otherwise agreed to in writing and approved by the COUNTY in the same manner as in this First Amendment to original agreement. THIS FIRST AMENDMENT to the agreement dated July 19, 2006, shall become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. Attest: Danny L. Kolhage, Clerk De y Clerk Witness: Print Name Board of County Commissioners Of Monroe County, Florida By: Charles "Sonny" cCoy, Mayor Date: MAR 1 9 2008 For the Attorney, Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. t0Of0AM Print Name & Title y 10� Date MONROE GQl1'N"rY ATT0hNEY A ROVE;:p AS T F M: C , NTF I t . HALL �I'S('r INTY ATTORNEY AGREEMENT BETWEEN MONROE COUNTY .AND KELLEY, KRONENBERG, GILMARTIN, FICHTEL,WANDER, P.A. FOR LEGAL SERVICES THIS AGREEMENT, made and entered into this day of J1 i ' 2006, A.D., by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("COUNTY") and KELLEY, KRONENBERG, GILMARTIN, FICHTEL, WANDER, P.A ("ATTORNEY") hereby enter into this Agreement regarding the retention of ATTORNEY by COUNTY to provide legal advice and services. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: 1. THE CLIENT The Client is the COUNTY, and to the extent ethically permissible, it's elected and appointed officers and its' employees, unless COUNTY advises ATTORNEY otherwise. In the event that ATTORNEY cannot ethically represent individuals in addition to COUNTY, ATTORNEY shall advise COUNTY in writing of that fact immediately. 2. THE ATTORNEY ATTORNEY is the individual named above and whose signature appears at the bottom of this Agreement. ATTORNEY is licensed to practice law in all jurisdictions relevant to this matter. ATTORNEY has been retained specifically because ATTORNEY, personally, is understood by COUNTY to be able to handle this matter. If ATTORNEY practices with others who may also provide services to COUNTY, he or she understands that COUNTY expects that ATTORNEY will be responsible for managing the representation, assuring compliance of others with the terms of this Agreement and ethical requirements, preparing and substantiating all bills, and communicating with COUNTY. ATTORNEY may not delegate or outsource this work without full written disclosure to, and prior written approval from, the COUNTY. 3. TERM OF AGREEMENT This Agreement and representation by ATTORNEY is effective upon execution by ATTORNEY and acceptance and approval by COUNTY in accordance with COUNTY'S policies, ordinances, or governing statutes. The representation shall continue until terminated by either the COUNTY, or by the ATTORNEY in accordance with ethical requirements. 4. SCOPE OF THE WORK ATTORNEY shall provide legal services and advise to COUNTY regarding Worker's Compensation claims, investigation, research, and/or litigation as assigned to ATTORNEY by COUNTY. ATTORNEY will be assigned new claims by the Senior Administrator of the Benefits Department of the COUNTY from time to time during the term of the agreement. 4.1 Professional ability to perform work ATTORNEY warrants that he or she is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. The ATTORNEY shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. ATTORNEY warrants that he or she and the authorized time keepers are authorized by law and the Rules and Regulations of The Florida Bar to engage in the performance of the activities encompassed by this Agreement. If ATTORNEY is a member of a law firm, either as partner, shareholder, associate, or other relationship, ATTORNEY warrants that he or she is authorized to enter into this Agreement by ATTORNEYS law firm. 4.2 Management of time keepers ATTORNEY is responsible for managing the matter cost-effectively and competently, e.g., by insuring that additional time -keepers are competent, properly supervised, efficient, and in compliance with the terms of this Agreement as well as with ethical obligations. 5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST BEFORE INITIATING REPRESENTATION ATTORNEY has conducted a thorough investigation and determined that neither ATTORNEY nor his or her firm has any ethical impediment, real or potential, including but not limited to conflicts of interest, to representing COUNTY. To the extent that any ethical impediment, real or potential, is discovered or ever arises, ATTORNEY shall immediately inform COUNTY in writing of the impediment (regardless of whether ATTORNEY believes he or she has taken all steps necessary to avoid the impediment and regardless of whether ATTORNEY believes that the impediment is insubstantial or questionable), make full disclosure of the situation to COUNTY, obtain COUNTY'S express, written consent to continue the representation of the other client, and take all steps requested by COUNTY to avoid or mitigate the impediment. ATTORNEY understands that, if a direct or indirect conflict of interest arises which, in the opinion of the COUNTY, cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida Bar, COUNTY may, in its discretion, (a) obtain reimbursement from ATTORNEY for all fees and expenses paid to ATTORNEY in this matter; (b) obtain cancellation of all amounts allegedly owed by COUNTY to ATTORNEY; and (c) obtain reimbursement for consequential expenses incurred by COUNTY, including the cost of replacement counsel. 6. PAYMENTS TO ATTORNEY ATTORNEY shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 6.1 ATTORNEY Fee (Hourly) ATTORNEY will be paid for his or her services based on the number of hours expended on behalf of COUNTY (rounded to the nearest tenth hour for each time entry), not to include time billable to or compensated by other clients, multiplied by the ATTORNEY'S hourly rate. The following minimum billing documentation and time -keeper requirements are a condition precedent to payment by the COUNTY. 6.2. Non -billable time ATTORNEY will bill COUNTY only for time reasonably and necessarily incurred to render professional services on COUNTY'S behalf in accordance with this Agreement. Time attributable to billing questions is not billable. Time expended by time -keepers who have not been approved by COUNTY is also not billable. 6.3. Hourly Rates and Changes to hourly rates Hourly rates for ATTORNEY and additional Timekeepers will be set at the rate of: Approved Time Keepers: Name: Hourly Rate: Steve Kronenberg, Esq. $125.00 Luis Estrada, Esq. $115,00 Frederico Quijada, paralegal $70.00 Krystal Ryan, paralegal $70.00 Juan Garcia, paralegal $70.00 Maria Marrero, paralegal $70.00 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the matter, unless otherwise agreed in writing and approved by COUNTY in the same manner as this Agreement. 6.4. Time keepers As used in this Agreement, the term "time keeper" shall include ATTORNEY and other ATTORNEYS and individuals identified in paragraph 6.3 of this Agreement who will be providing services under this Agreement and who will bill the COUNTY for their services in accordance with paragraph 6.3. 6.41. Duplication of effort Unless advance COUNTY approval is obtained, ATTORNEY will not have more than one time- keeper bill for court appearances, attendance at depositions and meeting, including meetings with COUNTY representatives, and internal conferences. In the event that more than one person attends, only the time of the person with the lowest rate will be billable. ATTORNEY is not permitted to use this matter to provide on the job training for a time -keeper, and bill for that time - keeper's services, without COUNTY'S advance approval. 6.4.2. Time -keeper changes Time -keepers approved by the COUNTY are listed in paragraph 6.3 to this Agreement, and may be amended from time to time, upon mutual. agreement of the COUNTY and the ATTORNEY, to evidence the then -current circumstances. Additional time -keepers may not be added to the matter without advance written approval from COUNTY. In the event that additional time -keepers providing services which are to be billed to COUNTY are to be added to the staff, then their hourly rates shall be provided to COUNTY in advance, and, upon written approval by the COUNTY, their rates and billing practices shall comply with the requirements of this Agreement. COUNTY expects to receive discounts or other concessions so that any increases or changes in time -keepers will not result in unnecessary or unreasonable charges to COUNTY, e.g., for training, internal conferences, and management. 6.5. Existing work product To the extent the ATTORNEY makes use of existing work product, e.g., in the form of research previously performed for another COUNTY, then ATTORNEY may bill only that time expended in using that work product for COUNTY. In other words, no premium, markup, or other adjustment may be made to bill COUNTY for time spent on work already performed. 6.6 Payment on work completed on existing cases ATTORNEY and COUNTY acknowledge and agree that the ATTORNEY has provided services to cases already in existence prior to the execution of this Agreement and that ATTORNEY is entitled to payment on those cases. ATTORNEY and COUNTY agree that any outstanding unpaid invoices on those prior cases shall be paid under this Agreement; however all bills dated June 30, 2006 and before shall be paid at an hourly rate of $115.00 for all time -keepers listed in paragraph 6.3. All bills from July 1, 2006 forward shall be paid under the rates listed in paragraph 6.3 of this Agreement. A list of those invoices shall be reviewed by the Senior Administrator of Benefits and the Clerk of Court for payment. Nothing in this paragraph shall preclude the Senior Administrator of Benefits and the Clerk of Court from refusing to pay unfounded time and fees. 7. BILLING OF FEES AND EXPENSES ATTORNEY shall comply with the following requirements as to billing fees and expenses as a condition precedent to COUNTY'S obligation to pay each bill: 7.1. Monthly bills Unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly by ATTORNEY within fifteen (15) days after the close of each month. ATTORNEY understands that COUNTY requires prompt bills in part to facilitate effective management of the representation and fees. 7.2. Bill format ATTORNEY shall provide detailed, itemized bills which shall, at a minimum: 7.2.1 Description Provide a general description of the matter, to include the name of the COUNTY department or constitutional officer, if not indicated in the title of the matter, for which legal services are being performed (e.g. Richard Roe v. Monroe County —EEO Claim); a description of the work performed in enough detail so that each item is distinguishable from other listed items and with sufficient to allow COUNTY to determine the necessity for and reasonableness of the time expended, the services performed, the project or task each service relates to, the subject and purpose of each service, and the names of others who were present or communicated with in the course of performing the service. For example, simply the word "research" is not acceptable, more detail about the type of research and what was determined by the research is necessary. 7.2.2 Personnel Clearly identify each timekeeper performing services in conjunction with each entry. Clearly identify all persons who are not full-time lawyers employed by the ATTORNEY'S firm (including paralegals, employees of ATTORNEY with their titles, subcontractors, independent contractors, temporary employees, and outsourcing providers). Personnel who are not listed as additional timekeepers will not be paid unless approved under paragraph 6.3 of this Agreement. 7.2.3 Time Records Record the time expended by each time -keeper separately. In those situations where the minimum billing increment exceeds the actual time spent on a task and several of these "minor" tasks are performed, it is expected that the services will be aggregated until the total actual time spent meets the minimum billing increment. 7.2.4 Totals and By Task State the amount of time expended by each time -keeper broken down for each task. 7.2.5 Summary of Rates In a summary at the beginning or end of the bill, provide the current hourly rate for each time- keeper, the total time billed by each time -keeper in that bill, the product of the total time and hourly rate for each time -keeper, the total fees charged, and are reconciliation between the amount charged and any applicable estimated or budgeted amount, by task. In addition, each 4 monthly statement should show the aggregate billing for that matter from the commencement of the matter through the currently -billed month. 7.3. Expenses COUNTY will pay the actual, reasonable cost of the following expense items if incurred in accordance with the guidelines below and promptly itemized in ATTORNEY'S monthly bill: 7.3.1 Reimbursable expenses Actual cost for necessary long distance telephone calls, telecopying at $.25 per outgoing page, overnight or expedited delivery, couriers, photocopying at $.15 per page, postage, court fees, and other expenses approved in advance by COUNTY or as listed below: 7.3.1.1. Expedited or emergency services ATTORNEY is expected to avoid using expedited or emergency services, such as express delivery services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected developments or extremely short deadlines. COUNTY may refuse to pay for any such expenses when incurred routinely or because of ATTORNEY'S failure to manage the matter efficiently. 7.3.1.2. Computerized research ATTORNEY is expected to use computerized research services cost-effectively to reduce time spent on research, for example, while closely -monitoring computerized research to insure that the charges are reasonable and necessary. ATTORNEY is expected to pass through to COUNTY any discounts or other arrangements that reduce the cost of computerized services. 7.3.1.3. Photocopying ATTORNEY is encouraged to use outside copying services to reduce the cost of large -volume copying, provided that these expenses are efficient, cost-effective, and incurred and billed in accordance with this Agreement. ATTORNEY is responsible for insuring that all copying complies with copyright obligations. 7.3.1.4. Transcripts Transcripts should not be ordered without prior approval from COUNTY. Transcripts should not be ordered on an expedited basis unless necessary and approved in advance by COUNTY. ATTORNEY should obtain digital electronic/computerized copies of transcripts when available at a reasonable cost to avoid charging for time spent digesting or indexing transcripts, and to allow COUNTY to maintain a digital electronic/computerized database of all transcripts. 7.3.1.5 Travel Expenses Travel expenses within the ATTORNEY'S local or metropolitan area will not be reimbursed if the time spent in transit is billed. Travel expenses outside the metropolitan area may only be reimbursed if the travel was approved in advance by COUNTY. Reimbursable travel expenses, if approved in advance, are the cost of transportation by the least expensive practicable means (e.g., coach class air travel), the cost of reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab or rental car, whichever seems reasonable, at the lowest available rate). Travel expenses will be reimbursed in accordance with the applicable provisions of Florida Statute 112.321 and of the Monroe County Code for "approved travelers" and shall be summarized on the Monroe County Travel Form by ATTORNEY with all applicable receipts attached thereto. 7.3.1.6 Travel Time Time spent in transit, locally or otherwise, may be billed only if (a) ATTORNEY or time -keeper is unable to avoid traveling by using other forms of communication and (b) ATTORNEY or time- keeper is unable to bill time in transit to other clients. Travel by more than one time -keeper at the same time to the same destination is not allowed without prior approval from COUNTY. Approved travel time during time -keeper's normal business hours will be billed at the hourly rate listed for the time -keeper in paragraph 6.3 of this Agreement. Approved travel time outside of time -keeper's normal business hours will be billed at one-half the hourly rate listed for the time- keeper in paragraph 6.3 of this Agreement. 7.3.2. Non -reimbursable expenses The following expenses will in no event be reimbursable without prior written approval by COUNTY ATTORNEY and approval by the Board of COUNTY Commissioners. 7.3.2.1. Personal and Office Costs Meals for time -keepers not related to travel, overtime, word processing or computer charges, personal expenses, expenses that benefited other clients, expenses for books, costs of temporary employees, periodicals or other library materials, internal filing or other document handling charges, clerical expenses, stationery and other supply expenses, utilities, and any other expense that is either unreasonable or unnecessary. (The fact that ATTORNEY charges other clients or that other firms charge their clients for an expense does not make it reasonable or necessary under this Agreement.) 7.3.2.2. Experts, consultants support services outsourced services etc. ATTORNEY is not authorized to retain experts, additional counsel, consultants, support services, or the like, or to out source or delegate work outside ATTORNEY'S law firm, without prior written approval by County Attorney and approval by the Board of County Commissioners. If agreed to ATTORNEY will be responsible for selecting and managing the services of others so that their services and expenses will be rendered in accordance with the terms of this Agreement, including terms applicable to ATTORNEY. ATTORNEY will manage others to obtain cost effective services for COUNTY. Unless otherwise agreed in writing, ATTORNEY shall obtain a written retainer agreement, in a form which may be specified by COUNTY, from each service provider, with bills from each provider being sent to both ATTORNEY and COUNTY. 7.3.2.3 Temporary Staffing ATTORNEY will not bill COUNTY for the time and expenses of temporary employees, including so-called "Temps" or contract ATTORNEYS or other staff from outside companies, nor "outsource" or delegate work, nor charge for summer associates, law clerks, or student clerks, (collectively "temporary staff"even even if not temporarily employed) without full advance disclosure of the employee's temporary or short-term status to COUNTY, including disclosure of the actual amount paid or to be paid to the individual. Unless COUNTY expressly agrees in writing to paying additional amounts after full disclosure by ATTORNEY, ATTORNEY may not charge COUNTY more than the actual cost paid by ATTORNEY. 7.3.2.4. Expenses not passed through at actual cost COUNTY will not pay any markup for expenses. COUNTY will only reimburse the ATTORNEY for their actual approved out-of-pocket costs and expenses, whether incurred personally by an approved time -keeper or incurred by other approved personnel (such as experts, consultants, support services personnel, or outsourced services personnel). 7.3.2.5. Overhead not charged to Coun 6 COUNTY will not pay for any "expense" items that are in fact part of ATTORNEY'S overhead which should be included within ATTORNEY'S fee, the determination of which expenses fall into this category are strictly within the discretion of the COUNTY. 7.3.3. Advance approval of expenses In addition to the items noted above, ATTORNEY shall obtain advance approval from COUNTY before incurring any expense in excess of $1,000.00 if ATTORNEY expects to be reimbursed for that expense. COUNTY may refuse to pay any expense for which advance approval was not obtained by ATTORNEY. 7.3.4. Copies of receipts for expenses ATTORNEY shall include copies of receipts for all expenses with the itemized monthly bill, COUNTY may refuse to pay any expense item for which documentation is not provided by ATTORNEY. 7.3.5. Expenses (and fees) after termination Upon termination of the representation, ATTORNEY shall promptly bill COUNTY for any remaining reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses not billed within 45 days of termination of the representation. ATTORNEY is also expected to cooperate promptly with all aspects of termination and, if applicable, transition to other counsel. Payment for fees and expenses is contingent upon prompt, full cooperation. 7.4. Bill and expense documentation ATTORNEY understands that ATTORNEY must have documentation to support all aspects of each bill, including fees and expenses, and must maintain that documentation until at least one year after the termination of the representation. This documentation shall be made available by ATTORNEY to COUNTY (or COUNTY'S designated representative, including an accountant, the COUNTY Clerk or COUNTY Clerk's representative, or legal bill auditor) upon COUNTY'S written request. ATTORNEY agrees to cooperate with any examination of this documentation and ATTORNEY'S fees and expenses, e.g., by responding promptly and completely to any questions COUNTY or its designated representative may have. ATTORNEY shall notify COUNTY in writing at least 60 days in advance of destroying any such records and, in the event that COUNTY requests that they be preserved, shall preserve them at least one additional year or, at the option of the COUNTY, delivered to the COUNTY for storage by the COUNTY, with COUNTY responsible for paying the actual cost of storage. This documentation shall include, for example, original time records, expense receipts, and documentation supporting the amount charged by ATTORNEY for expense items generated by ATTORNEY or his or her firm. COUNTY reserves the right not to pay any fee or expense item for which sufficient documentation or expense item for which sufficient documentation is not available to determine whether the item was necessary and reasonable. S. PAYMENT TERMS ATTORNEY'S request for payments and reimbursements may be made in either the ATTORNEY'S name or the name of the ATTORNEY'S law firm, as appropriate. ATTORNEY bills complying with this Agreement are due and payable according to the Prompt Payment Act. If the bill materially fails to comply with the requirements of this Agreement, then it is not due and payable until its deficiencies are remedied by ATTORNEY. MATTER MANAGEMENT V/ COUNTY will expect that all communications between ATTORNEY, and additional time keepers, and COUNTY will be reviewed by ATTORNEY and that ATTORNEY will serve as the point of contact for this matter, including billing questions. 9.1. Case monitoring COUNTY will be advised promptly by ATTORNEY of all significant facts and developments in the matter so that COUNTY may manage the matter effectively and make informed decisions about strategy, tactics, settlement, scheduling, costs, and other related matters. COUNTY will promptly receive from ATTORNEY copies of all orders, opinions, pleadings, briefs, memoranda (internal and external), correspondence, and any other document material to the subject matter of this Agreement, such that the COUNTY will have a current, up-to-date, "mirror" copy of the COUNTY'S file maintained by ATTORNEY, For discovery materials or exhibits that are lengthy, ATTORNEY should discuss them with COUNTY before providing a copy. Documents available in digital electronic/computerized form should be provided in that form in lieu of paper copies. Additionally, ATTORNEY may be required to submit, on a monthly basis, a case status and progress report to be submitted to the Board of COUNTY Commissioners. The format of the report shall be in the form required by the COUNTY ATTORNEY. 9.2. Case control ATTORNEY shall discuss all significant issues of strategy and tactics, including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with COUNTY before implementation. ATTORNEY is expected to exercise independent professional judgment. 9.3. ATTORNEY cooperation ATTORNEY will cooperate with COUNTY or COUNTY'S representatives to promptly provide all information COUNTY requests or needs about the subject matter of this Agreement and ATTORNEY'S bills. 9.4. COUNTY cooperation ATTORNEY should consult with COUNTY about all opportunities for COUNTY to save money or make use of COUNTY'S expertise to assist in, e.g., responding to discovery, preparing for trial, locating experts, and the like. COUNTY may also have personnel and facilities available to reduce the expenses related to the subject matter of this Agreement. 10. CONFIDENTIALITY AND PUBLIC RELATIONS ATTORNEY is not authorized to waive or release any privilege or other protection of information — confidential, secret, or otherwise — obtained from or on behalf of COUNTY. ATTORNEY is to keep all confidential, privileged, or secret information confidential. This requirement is perpetual, i.e., it will continue even after the termination of the relationship and this Agreement. 10.1 Prohibition against use of information This requirement is also intended to prohibit ATTORNEY from using information obtained from or on behalf of COUNTY, including work product prepared at COUNTY'S expense, for other client's of ATTORNEY or his or her firm, without COUNTY'S advance written approval. 10.2 No use of County for marketing purposes ATTORNEY is not authorized to identify COUNTY as a COUNTY, e.g., for purposes of marketing or advertising, without COUNTY'S prior approval. 11. OWNERSHIP OF ATTORNEY FILES AND WORK PRODUCT ATTORNEY understands that all files and work product prepared by ATTORNEY or his or her Firm at the expense of COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY. Without COUNTY'S prior written approval, this work product may not be used by ATTORNEY or his or her firm nor disclosed by ATTORNEY or his or her firm to others, except in the normal course of ATTORNEY'S representation of COUNTY in this matter. ATTORNEY agrees that COUNTY owns all rights, including copyrights, to materials prepared by COUNTY or by ATTORNEY on behalf of COUNTY. ATTORNEY shall notify COUNTY in writing at least 60 days in advance of destroying any such records and, in the event that COUNTY requests that they be preserved, shall preserve them at least one additional year (with COUNTY responsible for paying the actual cost of storage). ATTORNEY shall provide COUNTY with prompt access to (including the ability to make copies of) all ATTORNEY files and work product, regardless of whether the representation or matter is ongoing and whether ATTORNEY fees and expenses have been paid in full. 12. DISPUTE RESOLUTION ATTORNEY and COUNTY agree that if a dispute arises between them that neither shall be required to enter into any arbitration proceedings related to this Agreement 12.1. Disputes regarding Attorney fees or expenses ATTORNEY and COUNTY agree that all disputes regarding ATTORNEY'S fees or expenses are to be resolved pursuant to the procedures and practices for mediation by the ATTORNEY Consumer Assistance Program of the Florida Bar. 12.2. Disputes regarding interpretation COUNTY and ATTORNEY agree that all disputes and disagreements between them regarding interpretation of the Agreement shall be attempted to be resolved by a meet and confer session between representatives of COUNTY and ATTORNEY. If the issue or issues are still not resolved to the satisfaction of both within 30 days after the meet and confer session, then either shall have the right to terminate the Agreement upon ten (10) business days notice in writing to the other party. 12.3 Legal or Administrative procedures In the event any administrative or legal proceeding is instituted against either the COUNTY or ATTORNEY relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and ATTORNEY each agree to participate, to the extent required by the other, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement; institution of any administrative or legal proceeding shall constitute immediate termination of this Agreement. ATTORNEY agrees to forward copies of all documents in his or her possession related to the matter which is the subject of this Agreement to COUNTY at the time of filing any administrative or legal proceeding. 12.4 ATTORNEY'S Fees and Costs In the event any administrative proceeding or cause of action is initiated or defended by the COUNTY or ATTORNEY relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to an award of reasonable ATTORNEY'S fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include reasonable ATTORNEY'S fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil Procedure and the usual and customary procedures required by the circuit court of Monroe County and shall take place in Monroe County. 13. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY County Administrator and 500 Whitehead Street Key West, FL 33040 FOR ATTORNEY Steve Kronenberg, Esq. 8201 Peters Road Fort Lauderdale, FL 33324 954-370-9970 County Attorney and PO Box 1026 Key West, FL. 33041 Senior Administrator 1100 Simonton Street, Room 2-268 Key West, FL 33040 14. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. Venue for any legal action which may arise out of or under this agreement shall be in Monroe County, Florida. 15. ENTIRE AGREEMENT The entire agreement between the COUNTY and ATTORNEY with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and communications between the COUNTY and ATTORNEY related to this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 16. FLORIDA GOVERNMENT -IN -THE -SUNSHINE LAW ATTORNEY agrees that, unless specifically exempted or excepted by Florida law, the provisions of Chapter 120, Florida Statutes, generally require full and public discussion of matters to be voted upon by the Board of COUNTY Commissioners. ATTORNEY agrees to consult with the COUNTY ATTORNEY'S office concerning the application of the Sunshine law from time to time concerning specific circumstances that may arise during the term of this Agreement. 17. FLORIDA PUBLIC RECORDS LAW ATTORNEY agrees that, unless specifically exempted or excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. ATTORNEY agrees to consult with the COUNTY ATTORNEY'S office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. 18. NO ASSIGNMENTS ATTORNEY shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of COUNTY Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may to deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 19. TERMINATION Either of the parties hereto may terminate this contract without cause by giving the other party fifteen (15) business days written notice of its intention to do so. 19.1 Documents forwarded to COUNTY ATTORNEY agrees to forward to COUNTY along with Notice of Termination or upon receipt of Notice of Termination, depending upon which party terminates the Agreement, copies of all documents in his or her possession of any nature whatsoever related to the ATTORNEY"S representation of COUNTY or obtained due to ATTORNEY'S representation of COUNTY. 19.2 Restriction on Communications ATTORNEY agrees not to communicate with the public, including the press, about COUNTY or about this matter. 20. SEVERABILITY If a term, covenant, condition or provision of this Agreement shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the 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 provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and ATTORNEY 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, 21. CAPTIONS The captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof. 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES• NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to relieve, nor shall it be construed as relieving, either the COUNTY or ATTORNEY from any obligation or responsibility imposed upon each by law except to the extent of actual and timely performance thereof by the other, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize, 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 statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes. 23. RECORDS ATTORNEY shall maintain all books, records, and documents directly pertinent to performance under this Agreement, including the documents referred to in this Agreement, in accordance with generally accepted accounting principles, consistently applied. Upon ten (10) business days written notice to the other, representatives of either the COUNTY or ATTORNEY shall have access, at all reasonable times, to all the other party's books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding computer software) pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit. ATTORNEY shall retain all records required to be kept under this Agreement for a minimum of five years, and for at least four years after the termination of this agreement. ATTORNEY shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the COUNTY, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of ATTORNEY to maintain appropriate records to insure a proper accounting of all collections and remittances. ATTORNEY shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of COUNTY Commissioners for Monroe COUNTY, or their agents and representatives. 24. PUBLIC ACCESS The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as provided in Chapter 119, Florida Statutes, and made or received by the them, unless specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or case law. COUNTY shall have the right to cancel this agreement upon violation of this provision by ATTORNEY. 25, MONROE COUNTY CODE ETHICS PROVISION ATTORNEY warrants that he has not employed, retained or otherwise had act on his behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990. For breach or violation of this provision the COUNTY may, at its discretion, terminate this Agreement without liability and may also, at its discretion, deduct from the sums owed under the Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. COUNTY employees and officers are required to comply with the standards of conduct 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, and misuse of public position, conflicting employment or contractual relationship, and disclosure of certain information. 26. PUBLIC ENTITY CRIME STATEMENT Florida law provides that 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 an agreement to provide any goods or services to a public entity, may not submit a bid on a agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ATTORNEY warrants the neither ATTORNEY nor any authorized time keeper has been named to the convicted vendor list. 27. ANTI -KICKBACK ATTORNEY warrants that no person has been employed or retained to solicit or secure this Agreement upon any contract or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the COUNTY has any interest, financially or otherwise, in this Agreement, except as expressly stated herein. For breach or violation of this warranty, the COUNTY shall have the right to annul this agreement without liability or, in its 12 discretion, to deduct any sums to be paid by COUNTY under this Agreement, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 28. MODIFICATIONS AND AMENDMENTS This Agreement may not be modified in any way without the express, written consent of both parties. Any and all modifications and Amendments of the terms of this Agreement shall be in writing and executed by the Board of COUNTY Commissioners for Monroe County and by ATTORNEY in the same manner as this Agreement. 29. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, ATTORNEY is an independent contractor and not an employee of the Board of COUNTY Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find ATTORNEY or any of the authorized time keepers, to be the employees of the Board of COUNTY Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 30. COMPLIANCE WITH LAW In carrying out ATTORNEY'S obligations under this agreement, ATTORNEY 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 the COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to ATTORNEY. 31. LICENSING ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have, shall have prior to commencement of work under this Agreement, and at all times during said work, all required licenses and permits whether federal, state, COUNTY or City. 32. NON-DISCRIMINATION ATTORNEY shall not discriminate, in its employment practices and in providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by all federal and state laws regarding non-discrimination. Upon a determination by a court of competent jurisdiction that such discrimination has occurred, this Agreement automatically terminates without any further action by the COUNTY, effective the date of the court order. ATTORNEY is aware of the provisions of Section 13-101 through 13-106, Monroe County Code, relating to non- discrimination, and agrees to abide by the Code's nondiscrimination requirements. 33. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and ATTORNEY agree that neither the COUNTY nor ATTORNEY or any officer, agent, or employee of each 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 under this Agreement. 34. ATTESTATIONS ATTORNEY agrees to execute such documents as the COUNTY may reasonable require, including a Drug -Free Workplace Statement, and a Public Entity Crime Statement. 13 35. COUNTY AUTHORITY This Agreement has been duly noticed at a legally held public meeting conducted in Monroe County, Florida. COUNTY'S performance and obligation to pay under this contract, is contingent upon annual appropriation by the Board of County Commissioners. 36. HOLD HARMLESS AND INSURANCE Prior to execution of this agreement, ATTORNEY shall furnish COUNTY Certificates of Insurance indicating the minimum professional liability coverage for ATTORNEY and additional time -keepers in the amount of $250,000 per occurrence/$500,000 aggregate. ATTORNEY agrees to keep the same amount of coverage or more at all times and to provide proof of said coverage to COUNTY at COUNTY'S request at any time during the term of the Agreement. 37. NO PERSONAL LIABILITY No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board Of COUNTY Commissioners of Monroe County in his or her individual capacity and no member, officer, agent or employee the Board Of COUNTY Commissioners 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. 38. 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 the COUNTY and ATTORNEY may execute this Agreement by signing any such counterpart. THIS AGREEMENT will become effective when executed by both the ATTORNEY and eX66uted by the Board of COUNTY Commissioners of Monroe County, Florida. • Board of County Commissioners j` Attest�� �. Of Monr my Danny-L:. Kohlaey Clerk B Charles "SO y y g' -�-- Date: y cC° , Mayor Date: D puty er VVitnt to A O Y: ture Print Name pp {— Address: 82c) Ihe �t\ _ ` ouo DATE: -1 MONROE COUNTY ATrbONEY �PPROVEG A" r M: ) Na 1 1 EENE W, CAS SEL ASSISTANT�tll ATTORNEY Date _.._ >; Sign Pri;f Name (TE: 4 6 ice( t�U N Le (n7 H\ sj-- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Employee Services Division Bulk Item: Yes X No _ Department: Employee Benefits Staff Contact Person/Phone #: Maria Fernandez -Gonzalez Ext. 4448 AGENDA ITEM WORDING: Approval to continue the current Life Insurance and Accidental Death & Dismemberment policy with The Hartford Life Insurance effective October 1, 2010. Rates guaranteed for two years (FY 10/11 & FY 11/12) ITEM BACKGROUND: 12 proposals received from RFP done June 2010. After review by Evaluation and Selection Committee the recommendation is to renew with The Hartford Life Insurance. PREVIOUS RELEVANT BOCC ACTION: Policy originally secured 2000; RFP done 2001 and The Hartford Insurance was recommended and BOCC approved; until RFP done in 2007 the BOCC had approved yearly policy renewals. RFP done in 2007 resulted in the recommendation and BOCC approval of The Hartford Insurance for three years. CONTRACT/AGREEMENT CHANGES: Term only. No increase in rates. STAFF RECOMMENDATIONS: Approval TOTAL COST: $192,453.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $192 453.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Att O /Purchasing Risk Management , DOCUMENTATION: Included Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: The Hartford Life Insurance Effective Date: October 1, 2010 Expiration Date:September 30, 2012 Contract Purpose/Description: Approval to renew current Group Life and Accidental Death & Dismemberment policy from October 1, 2008 through September 30 2012. Contract Manager: 4448 Employee Services Division Maria Fernandez -Gonzalez (Name) (Ext.) (Department) for BOCC meeting on September 15, 2010 Agenda Deadline: August 31, 2010 CONTRACT COSTS Total Dollar Value of Contract: $192,453.00 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 502-08002-530450- Grant: $ - - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes ate In Needed Division Director Yes❑ No[� Risk Maria e �enti `� (� Yes❑ NoR � O.M.B. asiiig Yes❑ No[ County Attorney S(� ko Yes❑ No[3 Comments: omit rorm xevisea w i iiyD jvi,-.r ?fz Date Out MONROE COUNTY PROPOSAL COMPARISON GROUP LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT RFP-PER-180-185-2010-PUR/CV August 20, 2010 This report is provided as a result of our review of proposals for the County's Life, and Accidental Death and Dismemberment (AD&D) programs and the ranking of the Evaluation and Selection Committee. The Committee ranked the County's current life insurance program provided by The Hartford Life Insurance Company as its number one selection. Monroe County published a Request for Proposals (RFP) for Group Life Insurance (Life) and Accidental Death and Dismemberment (AD&D) insurance on May 28, 2010 with proposals due for return on June 29, 2010. The County's RFP document requested that the current Life and AD&D program limits be continued as is, and also requested an optional proposal for one times salary levels for all full time active employees. Interisk Corporation participated as a member of the Review and Scoring Committee which reviewed the proposals received, evaluated the responses and provided a scoring and ranking of each proposal. The following summarizes the results of the review and ranking process. Twelve (12) proposals were received representing nine (9) insurers. Eleven (1 1) of the proposals were submitted through agents and one (1) was submitted directly from Blue Cross/Blue Shield of Florida. The companies represented are: • Hartford Life Insurance Company -rated "A" by A.M. Best Co. • UNUM Life Insurance Company - rated "A-" by A.M. Best Co. • ReliaStar Life Insurance Company - rated "A" by A.M. Best Co. • Mutual of Omaha Insurance Company- rated "A+" by A.M. Best • Fort Dearborn National Life Ins. Company - rated "A+"by A.M. Best • Minnesota Life Insurance Company - rated "A+" by A.M. Best Co. • Prudential Financial Insurance Company -rated "A+" by A.M. Best • Standard Life Insurance Company - rated "A" by A.M. Best Co. and • Blue Cross/Blue Shield of Florida - rated "A" by A.M. Best Co. Group Life Insurance and page 2 Accidental Death and Dismemberment We consider this a good response to the County's RFP process and represents competition for its Life and AD&D program. The review included coverage, rate and cost, service and financial comparisons. Specifically, Actively at Work and Waiver of Premium terms were compared to determine that continuous coverage is available for County employees. Discussions of these items are included in the findings heading of this report. Current Program The County currently provides group term Life insurance and Accidental Death and Dismemberment insurance to its employees and others enrolled in its group life and accidental death and dismemberment program. The Accidental Death and Dismemberment benefits are included for loss of life at the principal sum of life insurance and loss of a hand, foot or eye at one-half the principal sum. Currently there are approximately 1300 active employees and 332 retirees who are covered under the plan. The rates are $.52/$1000 basic life amount and $.02/$1000 for A D & D. The life insurance benefits are: Category Under Age 70 A e 70-74 Age 75 & Older Active $20,000 $13,400 $10,000 Employees $20,000 $10,000 $10,000 retiring with 10 years or more of service on or after Oct. 1, 1987 RESULTS OF REVIEW Coverage Limit - Life Insurance: All proposers met the RFP requirements of matching the current program limits. The RFP documents required respondents to list monthly rates per I N T E R I S K Corporation Group Life Insurance and page 3 Accidental Death and Dismemberment $1,000 of coverage. The total volume used for rating purposes when determining the monthly and annual premiums varied slightly, but it did not affect the overall cost structure ranking on an annual basis. For comparison purposes the proposer's volume limits were adjusted where appropriate to be consistent with the information contained in the RFP document. It was noted in the review that Hartford, the incumbent insurer, stated their limit for active enrollees under age 70 is $14,000 which is higher than the requested limit. Waiver of Premium Provision All proposers quoted waiver of premium in the event of total disability. Disability occurring before age 60 is subject to a six (6) month disability period. An exception was the Prudential Financial and UNUM proposals which quoted the waiver of premium provision based on disability after nine (9) months waiting period. Only The Hartford Life Insurance Company proposal provided that their waiver of premium extends beyond age 65 which is considered an enhancement over the other proposals. Convertible provision All proposers included a provision to allow employees to convert their group term life insurance benefit to an individual permanent life insurance policy upon termination of employment. This allows the group life insurance benefit to be portable. Actively at Work Provision Most of the proposers required an "active at work" provision stating if an employee is not actively at work at the date of takeover, they would not be able to obtain life insurance coverage until they returned to work. The incumbent, Hartford Life Insurance Company, did not have this provision. Also, the Prudential Financial proposal responded by stating that it will require full disclosure of all employees not meeting the Actively -at -Work provision as of the effective date in order to include them in their benefits. I N T E R I S K Corporation Group Life Insurance and page 4 Accidental Death and Dismemberment Prudential's' rates anticipate no currently disabled employees and their rates may be subject to rerating if there are any employees to be included who are not actively at work at the time of a Prudential takeover. We consider this to be a compromise of the actively at work provision and places a greater burden on the employer to identify all employees subject to this provision. The remaining life insurance proposals all contained similar wording indicating that for life insurance benefits employees are required to be actively at work on the day of takeover in order to be covered. Those not actively at work would be covered upon their return to work date. This creates a potential gap in benefits in that an employee not actively at work but involved in a fatal accident or having a fatal illness would not ever be covered under these plans. We consider that a restriction in benefits when compared to the County's current plan with the Hartford Life Insurance Company and consequently less desirable than the Hartford program. Rate and Premium Comparison Life insurance rates varied between a low of $.47 per $1,000 per month to a high of $.69 per $1,000 per month. As previously mentioned, for cost comparison the rates were applied to a uniform volume dollar amount. The rate and cost of each proposal was considered as one of the scoring components in the Scoring and Review Committee's evaluation. Accidental Death and Dismemberment Benefit This benefit provides an additional amount equal to the life insurance limit if an employee dies by accident as defined in the policy or pays a lesser amount for the dismemberment of designated limbs or eyes. All proposers included AD&D in their proposals. Some proposers did not include a benefit limit (volume) in their calculations. However, nine of the proposers used a rate of $.02 per $1,000 of benefit and the remaining three proposers used a rate of $.03 per $1,000 of benefit. The cost was considered as part of the overall pricing component by the Review and Scoring Committee. I N T E R I S K Corporation Group Life Insurance and Accidental Death and Dismemberment page 5 Financial Condition All proposers have a satisfactory rating from the A. M. Best Company, one of the leading insurance evaluation and rating organizations. While financial stability cannot be guaranteed all proposers display the ratings shown above of "A" or better and are considered acceptable to us. ALTERNATE One times (1X) SALARY PROPOSALS If the one times salary option is elected it will add an estimated $183,988.95 annually to the Hartford Life Insurance Company proposal for continuing the current Life and Accidental Death and Dismemberment Program which is almost double the current cost. Without further rate reduction for the increased volume at the one times salary limit it does not appear to be a worthwhile purchase. Scoring and Ranking Each individual proposal was evaluated and scored by each member of the Review and Scoring Committee. The combined total scores and ranking are: Proposer Total Score Rank Hartford Life Ins. (Gallagher) 443 1 Standard Life Ins. Co. (Gallagher) 390 2 Unum Life DeMoss 378 3 Mutual Of Omaha L. B. Bryan) 373 4 Blue Cross, Blue Shield 347 5 Unum Life EMI 344 6 Unum Life Wallace 344 6 Minnesota Life (Gallagher) 329 7 Prudential Life Ins. Co. (Gallagher) 327 8 Reliastar Life Ins. Co. ING 291 9 Fort Dearborn Life. Ins. L. B. Bryan) 288 10 Unum Life National Benefit 284 11 iTl TWO proposals receivea identical combined total scores and are ranked together at number 6. Total proposals received are 12. INTERISK Corporation Group Life Insurance and page 6 Accidental Death and Dismemberment Summary Based upon the benefit terms and projected overall cost of continuing the current plan benefits, the projected annual cost of continuing the Hartford Life Insurance Company program is $192,453. By remaining with the Hartford Life Insurance Company the County will also avoid the need for an open enrollment activity and completion of new applications which will have a cost to the County. INTERISK Corporation Basic Employee Life and AD&D Employee Plan Summary Feature Description Class Description Class 1 - All Active Full Time Employees Class 2 - Retired employee insured on October 1, 1987 or later Class 3 - Retired employee insured prior to October 1, 1987 Employee Benefit Class 1&2 - Flat $20,000 Class 3 lesser of 50% amount of insurance in force to October 1, 1987 or $5,000 Guaranteed Issue Amount $20,000 Benefit Reduction Schedule Class 1 - 33% @ 70, 50% (a), 75** Class 2 - 50% @ 70** Class 3 - None Employee Continuity of Standard Coverage Life Disability Provision* Class 1 - Premium Waiver if Disabled Prior to 60 - Lifetime Waiver Class 2&3 - None Premium Waiver Elimination Class 1 - 6 Months Period Class 2&3 - Does Not Apply Living Benefit Option 12 months Life Expectancy, 80% of benefit to Max. $20,000 (Accelerated Benefit)* Conversion* Included Accidental Death & Class 1 - Flat $20,000 Dismemberment (AD&D) Occupational Death Benefit Does Not Apply Employee Contribution Class 1 - Non-contributory Class 2 — Contribution based on years of service Enrollment Type No Enrollment -- Participation Requirement 100% of Eligible Employees Number of Eligible Class 1 - 1285 Employees Class 2 - 334 Total - 1619 * Applies to Life only ** Reminder Compliance with ADEA is the responsibility of the Employer. Please consult your legal counsel to determine if this cutback schedule complies with ADEA guidelines. Employee Rate Summary Basic Life Class 1, 2, 3 $0.52 per $1,000 Basic AD&D $0.02 per $1,000 Rate Guarantee: 2 Years August 25, 2010 2 Monthly Premium $29,877,000 Volume $15,536.04 $25,087,000 Volume $501.74 Ii f F if HAR I1,01it1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Employee Services Bulk Item: Yes X No _ Department: Risk Management Staff Contact Person: Maria L. Slavik x3178 AGENDA ITEM WORDING: APPROVAL OF A RISK MANAGEMENT SETTLEMENT IN THE AMOUNT OF FORTY THOUSAND (INCLUSIVE OF ATTORNEYS FEES AND COST) FOR CLAIM NUMBER 200904GL, in the matter of JAMISON FLEMING v. MONROE COUNTY. ITEM BACKGROUND: See attached memo. PREVIOUS REVELANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: $40,000 INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $40,000 SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes _ No X OUNT PER MONTH Year APPROVED BY: County Atty ing Risk Managemente DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/27/01 AGENDA ITEM # It s Slavik-Maria From: Carey Young [young@jambg.coml Sent: Wednesday, August 25, 2010 10:49 AM To: Slavik-Maria Subject: FW: Fleming Settlement -revised Attachments: DOC125.PDF; AgendsumirenewalFlemingsettlementnewform.doc wtaaia e . 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SPre uas us tle alZ&raxu iateecy dace dacya aord a" wj,riF fed to a ,"Awes cla- � z zAk'wu ra&4 fu a oxoortld. ?llluQe flee eo`�l dui leave a � xean flee ataGrd flat wanoueC flee liuPeie flat flee ataGrd �l Pe aei,�ienry, flee xe�uined lragdaaie cuaa oxia4torg, �aaed uiioor oun uraedtigattaoc a� tlrid aNativ�t tle lraordnate lrad �eeor �riaaiorg � a,&�vwxu�cateecy a csroostti�"" �eeceuerg'a aeudeort. Ilia ataGuaeeP cvaa aeaa awl ceoded 04 an ,Farm;- ud 4 tle eoaort� aortic /04 9 2005, Ile fiery Veal Poeiee Delza¢toaeoct aealzaorded to e&a"'fr'a aeadxorl aord lad advioed flat tl0w toew om 4vuca eed on da� 4 tle aawve& oar tle date 4 *24m aoa 7Eetiuury.'¢ aee&-&e, Zile lave aia,,"a rki, orcattez u.a � 4Wt,..,roe eoaHtry. cola a4"ea that le lord oca Aur� - aeea i4 w to ea4 the li-&ad toad ouiaaiorg aor tle date 4 tli," ioradee on -4 tle ataGzc a caad awl aord eeoded a4 to tle lza&,V-, Vr, � ayneea flat tle alawwde aloaed lave lzad a laordnad aord flat flee eaae# did Kmueade flee a 4moe& oar /04 9 2005, aord a w--u ced d2nnicaded uoetie tle eaaosfiy 6taaeeed a laudnaie, t>aded aAot ezfeaaiue oregotiatiQsrd, e&w aasta lave agaeed to aeeer tle fatae &'(w 4 $40, 000 us �'ee aord aetCeeosreorl 4 Hein eeaursa agaioral7&owwe eoaoro. Ilia wwa ioeeeude ace coal," aord aril` da4rO a Oz eaagea, arredieae eieca, ;limos aord &4pUorg on a" cam daosraged, flat t4ow'aooc aord 76aer 7&oaarg otta6l lave aa�a as a aeaa& 4 tli," wa,e -,e 9 weowmzord flat tli," aett*ww,,,rt le a -,&uved Puy 'towwe eo-trd aioree Ct is co tle deal ucface,"t 4 tle ew'eriy as &(,a as tle ecauszaartd, �40MQwr aord 76M 7&owey. eanecy Z/". Zegac,faaiataarf aan �. unuce �alrardoar, �ag. aotd �%ianeaa ?ilantiore�. fag, �alervoos, ,'?oraefa+co. '%iiundacl. true. Bi',oelroraa, 24.5.5 Sawuw ie Fevd. , Saite 1000 7ant Zaadezdace, 7Z 33304 �754 - 463 - 0100 954-463-2444-Ot $4G1'r��7a'Hey, coHr - ��: Minute �oloraoos Seel,, &cod", ,4zagaat 23, 2010 3,44 P'N 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Employee Services Bulk Item: Yes X No _ Department: Risk Management Staff Contact Person: Maria L. Slavik x3178 AGENDA ITEM WORDING: APPROVAL OF A RISK MANAGEMENT SETTLEMENT IN THE AMOUNT OF TWO HUNDRED EIGHTY TWOTHOUSAND SEVEN HUNDRED SIX AND SEVENTY SEVEN CENTS (INCLUSIVE OF ATTORNEYS FEES AND COST) FOR CLAIM NUMBER 200700GL, in the matter of CELESTE BRUNO v. MONROE COUNTY, 07-CV-10117. ITEM BACKGROUND: To satisfy the judgment and conclude the matter with finality, the Plaintiff Celeste Bruno and her attorneys have agreed to accept the total sum of $282,706.77 which includes post judgment interest through September 27, 2010. Monroe County has satisfied its self -insured retention and payment of this amount will be the responsibility of the County's insurer, the Florida Municipal Insurance Trust (FMIT). Since the County has a reimbursement policy, it will first be necessary for the County to issue the check and then obtain reimbursement from FMIT. PREVIOUS REVELANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: $282,706.77 INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $282,706.77 SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes — No X AM UNT PER MONTH _ Year, APPROVED BY: County A urc ing Risk Management°1�l DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/27/01 AGENDA ITEM # LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. A PROFESSIONAL ASSOCIATION DAMIAN H. ALBERT, P.A. ROBERT E. MURDOCH SCOTT D. ALEXANDER, P.A. 2455 EAST SUNRISE BOULEVARD MICHAEL R. PIPER CHRISTOPHER AMBROSIO •} SUITE 1000 FORT LAUDERDALE, FL 33304 ANASTASIA PROTOPAPADAKIS MICHAEL T. BURKE DAVID M. SCHWEIGER, P.A. HUDSON C. GILL TAMARA M. SCRUDDERSt JEFFREY L. HOCHMAN, P.A. E. BRUCE JOHNSON • CHRISTOPHER L. SMITH J. MARCOS MARTINEZ (954) 463-0100 Broward CHRISTOPHER J. STEARNS, P.A. (305) 945-2000 Dade (561) 640-7448 W PB RETIRED. • BOARD CERTIFIED TELECOPIER 954 463-2444 ( ) RONALD P. ANSELMO IALAWYERS f BOARD CERTlFlEDAPP APPELLdTETE L1 WYERS BURL F. GEORGE August 27, 2010 VIA EMAIL Maria Slavik Risk Administrator Monroe County 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Re: Celeste Bruno v. Monroe County, Florida Our File No.: 26-327 MTB Dear Ms. Slavik- On October 7, 2008, the United States District Court for the Southern District of Florida entered a Final Judgment in favor of Celeste Bruno and against Monroe County in the total amount of $48,400. The County's insurer, Florida Municipal Insurance Trust (FMIT), appealed the Final Judgment and the United States Court of Appeals for the Eleventh Circuit affirmed the Final Judgment and has denied the County's motion for rehearing. As a result, the Final Judgment in favor of Celeste Bruno and against Monroe County is final and needs to be satisfied. As a prevailing party Plaintiff in this federal civil rights action, Plaintiff Bruno is also entitled to recover reasonable attorneys' fees and costs. On August 17, 2010, United States Magistrate Judge, Andrea M. Simonton, issued a report which recommended that District Judge Moore award attorneys' fees and costs in the total amount of $209,156.61. The Magistrate's Report and Recommendation relates to attorneys' fees and costs incurred by Plaintiff Bruno in the district court. In addition, Bruno is entitled to recover attorneys' fees and costs for successfully defending the appeal. Specifically, Bruno is entitled to an award of $28,998.85 for attorneys' fees and costs incurred in successfully defending the appeal. Finally, Bruno is also entitled to recover post - judgment interest which has been accruing since the entry of the October 7, 2008 Final Judgment. To satisfy the judgment and conclude the matter with finality, the Plaintiff and her attorneys have agreed to accept the total sum of $282,706.77 which includes post judgment interest through September 27, 2010. As you know, Monroe County has satisfied its self -insured retention and payment of this amount is ultimately the responsibility of the County's insurer, the Florida Municipal Insurance Trust (FMIT). I have conferred with John Morrison with the Florida League of City's and have been advised that I am authorized to conclude this matter for the total payment of $282,706.77. Since the County has a reimbursement policy, it will first be necessary for the County to issue the check and then for the County to obtain reimbursement from the FMIT. With this background, please provide me with a check in the amount of $282,706.77 payable to the order of Amlong & Amlong, P.A. trust account. Please forward the check to my office on or before September 27, 2010 so that I can see to it that the check is hand delivered to the Amlong firm in exchange for the Satisfaction of Judgment and executed stipulations for dismissal. Thank you again for your cooperation and assistance. Very truly yours, Is/Michael T. Burke Michael T. Burke For the Firm MTB:npw cc: Bob Shillinger John Morrison JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. BOARD OF COUNTY COMNIISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Employee Services Bulk Item: Yes X No Department: Risk Management Staff Contact Person: Maria L. Slavik X3178 AGENDA ITEM WORDING: Approval to accept renewal with VFIS to provide Portable Equipment and Emergency Apparatus Insurance. ITEM BACKGROUND: The policies provide insurance coverage for Emergency Vehicle and Portable Equipment damages and/or losses. PREVIOUS REVELANT BOCC ACTION: American Alternative Insurance Company through the VFIS Insurance Agency is specialized especially for portable equipment used in firefighting, ambulance and rescue operations. CONTRACT/AGREEMENT CHANGES: American Alternative has proposed to the policies with the same terms and conditions for annual premium of $39,500.09 for Emergency Vehicle Physical Damage which represents a 14% decrease and $6,150.00 for the Portable Equipment which represents a 37% increase. The premium is to be paid in four quarterly payments. STAFF RECOMMENDATIONS: Approval to accept proposal from VFIS Insurance Agency. TOTAL COST: $45,650 INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $45,650 SOURCE OF FUNDS: Ad valorum REVENUE PRODUCING: Yes �� No X AMOUNT PER MONTH Year L; APPROVED BY: County Atty X urchasing X Risk Management X DOCUMENTATION DISPOSITION: Revised 2/27/01 Included X To Follow Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: VFIS Contract # Effective Date: 10/ 1 /2010 Expiration Date: 9/30/JO[/ Contract Purpose/Description: Portable Equipment and Emergency Vehicle Physical Damage Contract Manager: Maria L. Slavik 3178 Employee Services #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09-15-2010 Agenda Deadline: 8/31/2010 CONTRACT COSTS Total Dollar Value of Contract: $ 45,650 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 503-08502-530-450- Grant: $ - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Division Director 1 23 b Needed eviewer YesL,,LC� Risk Man ag ent O.M.B./Pc ang-a� —�0 j Yes❑ No[� 7'!U Yes❑ Nol cj) County Attorney I Yes❑ No[;?/ _ - to Comments: OMB Form Revised 2/27/01 MCP #2 r.•s 19 h v • -� r r- ,: ;.:. a ❑ �. �. r. it 41, - x cam.. !µ n r _ V . Y �x� r a _ Y x ,L �I WI i GA r F 7 _ Il J u c •s s= � r � s _ r1 ut _A u II r R P1 1 r L If C .. Li C 7 JIB J w ]� d I NTERISK CORPORATION Consultants Risk Management Employee Benefits August 26, 2010 Ms. Maria Slavik, CPM Risk Administrator Monroe County 1100 Simonton St. Suite 268 Key West, Florida 33040 1111 North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 Subject: Emergency Vehicle Physical Damage and Portable Equipment Damage Insurance Dear Maria: The County's Emergency Vehicle Physical Damage and Portable Equipment Damage policies are scheduled to expire on October 1, 2010. Currently the coverages are provided by the American Alternative Insurance Company through the VFIS Insurance Agency. Both of these policies provide broad coverages and have served the County well in years past. The current premium for the Emergency Vehicle Physical Damage policy is $46,060.04 and the current premium for the Portable Equipment Damage policy is $4,490.52. I have reviewed VFIS' proposal for the renewal of these two policies. American Alternative has proposed to renew these policies with comparable terms and conditions for an annual premium of $39,500.09 for the Emergency Vehicle Physical Damage policy and $6,150.00 for the Portable Equipment policy. The following table compares the proposed renewal premiums for these policies as compared to the expiring policies. Policy 2009/10 Premium 2010/11 Proposed Premium Increase/(Decrease) Percentage Increase/(Decrease Emergency Vehicle Physical $46,060.04 $39,500.09 $(6,559.95) (14%) Dama e Portable Equipment Policy $4,490,52 $6,150.00 $1,659.48 37% There were some initial concerns with the increase in the price for the Portable Equipment policy but after discussing the issue with Ms. Dedrick of VFIS, it was learned that the County replaced a number of Emergency Vehicles during the year. Since the American Alternative program bases its premiums for Portable Equipment on the typical amount and type of equipment located on the various types of emergency vehicles, it is now believed that the premium being proposed for the County's Portable Equipment is justified. It is believed that the proposed renewal premiums for both of these policies are attractive. It is therefore recommended that Monroe County renew its Emergency Vehicle Physical Damage and Portable Equipment insurance policies with American Alternative as proposed by VFIS for the 2010/ 11 policy term. Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTERISK CORPORATION Sidney G. Webber CPCU, ARM CC: Teresa Aguiar BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15 2010 Division: Employee Services Bulk Item: Yes X No Department: Benefits Staff Contact Person: Teresa Aguiar X4458 rwi i�1iH 11 r,lvl W VKVIINU: Approval to amend contract with Interisk Corporation to include consulting services on an as needed basis in the areas of Workers' Compensation and Risk Management and exclude services related to Employee Benefits. ITEM BACKGROUND: The County is currently contracted with Interisk Corporation to provide consulting services on an as needed basis in regards to Employee Benefits (including Group Health Insurance), Risk Management and Workers' Compensation Programs. The current contract expires September 30, 2011. Due to the recently enacted Health Care Reform Act, recent discussions on the current Health Plan coverage and cost and the direction at the March, 2010 BOCC meeting to rebid for fully -insured and self -insured providers, it was desired to advertise for Employee Benefits consulting services to ensure that the County has the experience and resources available in a Consultant to adequately address these issues. Approval to solicit proposals for an Employee Benefits Consultant was obtained at the BOCC meeting of May 19, 2010. The County solicited for bids and received 9 proposals. A publicly advertised ranking meeting was held on August 9, 2010 with the Benefits Committee which consisted of the Employee Services Director, Budget Director and Sr. Administrator, Benefits. At the BOCC meeting of August 18, 2010, the County Administrator obtained approval to hire a Consultant to review the proposals and assist in the interview process with the Proposers. A publicly advertised interview process was scheduled with all Proposers on August 23, 2010. A decision was made at the conclusion of the meeting to recommend that Gallagher Benefit Services, Inc. provide Employee Benefits consulting services. It has therefore become necessary to modify the current contract to only include consulting services on an as needed basis in the areas of Workers' Compensation and Risk Management. PREVIOUS REVELANT BOCC ACTION: At the September 17, 2008 meeting, the Board approved to accept the bid Proposal from Interisk Corporation to provide the current services. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: $150 per hour INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $150 per hour SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Attyl OMB/Purchasing Risk Management ( r- DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: INTERISK, Corp. Contract # Effective Date: 915/10 Expiration Date: Contract Purpose/Description: 9/30/11 Risk and Workers' Compensation Consulting Services Contract Manager: Maria Slavik 3571 Employee Services/Benefits #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09-15-2010 Agenda Deadline: 8/31/2010 CONTRACT COSTS Total Dollar Value of Contract: $ 150 per hr Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 503-08501-510-310- Grant: $ 501-07501-530-310- County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utiliti CONTRACT REVIEW etc. Changes Date Out Date In Needed -Reviewer Division Director -, t l% Yes❑ No[ Risk Management 1 YesO NoL3e- O.M.B./Purchasing Yes❑ No❑ _ County Attorney 3 06/0 Yes[] Noi�,/ Comments: OMR rnr P.,,;..,A 11771M X4t'D 441 AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND INTERISK CORPORATION THIS AMENDMENT to agreement dated the 15'' day of September, 2010, is entered into by and between the Board of County Commissioners for Monroe County, and INTERISK CORPORATION (collectively, the "Parties"). WHEREAS, there was an agreement entered into on September 17, 2008, between the parties, for consulting services on an as -needed basis in the areas of Employee Benefits (including Group Insurance), Workers' Compensation and Risk Management ("Agreement"); and WHEREAS, the Agreement expires on September 30, 2011; and WHEREAS, a Request for Proposals for Employee Benefits Consultant was advertised June 16, 18 & 19, 2010; and WHEREAS, the outcome of the Request for Proposal resulted in another provider being awarded the services of consulting in the area of Employee Benefits, which includes issues involving Group Insurance; and WHEREAS, the Parties have agreed to modify their current Agreement to include only consulting services on an as -needed basis in the areas of Workers' Compensation and Risk Management, and exclude the area of Employee Benefits; NOW THEREFORE, the parties agree as follows: 1. Exhibit A to the Agreement, Scope of Services, is modified to read the following: SPECIFICATIONS The Proposer shall provide consulting services on an as needed basis in the areas of Workers' Compensation and Risk Management. The key personnel identified as Lawton Swan, Sharon Jakobi and Sid Webber are considered to be essential to the work performed. No personnel substitutions shall be made without the consent of Monroe County. The scope of services to be provided on an as needed basis by the Consultant may include, but not be limited to, the following: • Review Risk Management and Workers' Compensation procedures. • Review pricing of insurance and other outside services. • Prepare insurance specifications for property, casualty, and Workers' Compensation insurance coverages. • Review coverages under present insurance contracts and make recommendntinn far coverage improvements. • Communicate with agents and brokers during the bidding process. • Analyze insurance proposals. • Review present method of funding insured and non-insured risks. • Analyze and evaluate Monroe County's performance with respect to its self -insured programs. • Assist in the development of insurance and other sections of vendor contracts to ensure the interests of Monroe County are adequately protected. • Analyze and evaluate Monroe County's Risk Management programs and make recommendations based on their performance and current industry practices. • Serve as liaison between insurance carrier(s) and the County regarding claims, contracts, etc. • Assists in preparing RFP's and/or RFQ's. • Perform other Risk Management matters as directed by the County. • The Contractor shall record and maintain statistical data concerning the services, and such additional information as may be required by the County. The Contractor shall retain all records pertaining to this contract for a period of five (5) years after the termination of this contract. • The County, the Clerk, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. 2. The remaining provisions of the Agreement dated September 17, 2008, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first written. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Date: Board of County Commissioners of Monroe County Mayor/Chairman oo - - zi�Z� Q QQ J B F-�o � izFooPresident U M E� C>z U < Print Name �- Date: a U a� Q c IE MONROE COUNTY CONTRACT FOR Risk Management and Employee Benefits Consulting Services THIS AGREEMENT is made and entered into this 17th day of September, 200$by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Interisk Corporation, ("CONTRACTOR"), whose address is 1111 N. Westshore Blvd., Suite 208, Tampa, FL 33607. Sectlon 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement. CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Provide all best available information as to the COUNTY'S requirements for Risk Management and Employee Benefits Consulting Services. 2.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning Risk Management and Employee Benefits Consulting Services. 2.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TERM OF AGREEMENT 3.1 The initial Agreement term will be for one (1) year beginning the 1 st day of October, 2008 and renewable at the County's option for two (2) additional consecutive one year terms. 3.2 The terms of this Agreement shall be from the effective date hereof and continue for a period of one year. This Agreement shall be automatically renewed for successive one- year periods until either party gives the other notice of cancellation in accordance with the terms set forth below. If either party desires to modify or terminate this Agreement, it shall notify the other in writing at least thirty (30) days prior to the effective date of such modification or termination. In the case of proposed modification the party receiving the notification of the proposed modification shall itself notify the other party within ten (10) days after receipt of notice of its agreement to the proposed modification. Failure to do so shall terminate this Agreement. Section 4. COMPENSATION Compensation to Interisk under this Agreement will be ONE HUNDRED THIRTY FIVE DOLLARS ($135.00) an hour for the first year. If COUNTY exercises its option to renew, the compensation for additional years shall be ONE HUNDRED FORTY FIVE DOLLARS ($145.00) an hour for second year and ONE HUNDRED FIFTY DOLLARS ($150.00) for the third year. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit invoices to the appropriate offices marked Risk Management, Workers' Compensation or Group Insurance. The respective office supervisor and the Director of Employee Services, who will review the request, note his/her approval on the request and forward it to the Clerk for payment. 5.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon sixty (60) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by COUNTY, and its decision shall be final and binding upon all parties. k _ L C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 8. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Risk Management Administrator 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 To the CONTRACTOR: Interisk Corporation 1111 North Westshore Blvd., Suite 208 Tampa, FL 33607-4711 Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. k= Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY "'h Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. 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: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 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; 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; 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; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non -Collusion Agreement. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. INSURANCE POLICIES 32.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 32.2 Insurance Requirements For Contract Between County And Contractor (Note: amounts of coverage are subject to change in final contract) Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage , 12 The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.3 Vehicle Liability Insurance requirements Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 32.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advise or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per occurrence/$500,000 Aggregate Section 33. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall 4' be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 17th day of September200_a Q*st: �DANNY L. KOLHAGE, CLERK b�"fV10N OE CO NTY, FLORIDA Deputy Clerk (CORPORATE SEAL) ATTEST: By --- �a ►O CV BOARD OF COUNTY COMMISSIONERS by Mayor/Chairman (Na a ontractor) by L4-x7-- Title: ,• Al Cd o �t•v�►aJ MONROE COUNTY ATTORNEY APPROVED 6S TO FOF3fA'. WNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date 9- M- ADO$ 601 EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS The Proposer shall provide consulting services on an as needed basis in the areas of Group Insurance, Workers' Compensation and Risk Management. The initial contract term will be for one (1) year and renewable at the County's option for two (2) additional consecutive one year terms. The key personnel identified by the successful consultant are considered to be essential to the work performed. No personnel substitutions shall be made without the consent of Monroe County. The scope of services to be provided on an as needed basis by the Consultant may include, but not be limited to, the following. • Review Risk Management and Employee Benefits (Group Insurance and Workers' Compensation) procedures. • Review pricing of insurance and other outside services. • Prepare insurance specifications for property, casualty, and employee benefits and Workers' Compensation insurance coverages. • Review coverages under present insurance contracts and make recommendation for coverage improvements. • Communicate with agents and brokers during the bidding process. • Analyze insurance proposals. • Review present method of funding insured and non-insured risks. • Analyze and evaluate Monroe County's performance with respect to its self -insured programs. • Assist in the development of insurance and other sections of vendor contracts to ensure the interests of Monroe County are adequately protected. • Analyze and evaluate Monroe County's Risk Management and Employee Benefit programs and make recommendations based on their performance and current industry practices. • Serve as liaison between insurance carrier(s) and the County regarding claims, contracts, etc. • Assists in preparing RFP's and/or RFQ's. • Perform other Risk Management and Employee Benefits matters as directed by the County. • The Contractor shall record and maintain statistical data concerning the services, and such additional information as may be required by the County. The Contractor shall retain all records pertaining to this contract for a period of five (5) years after the termination of this contract. • The County, the Clerk, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. (4 OBBYING AND CONFLICT OF INTEREST C SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 1.A1TFAisk CokPagAria� (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: �� Q 0 STATE OF: ��o/UJt9 COUNTY OF: / J�EcCiOs Subscribed and sworn to (or affirmed) before me on -19-024 Ok-- (date) by iz),., �-,;/ (name of affiant). He/She is personally known to me or has produced (type of identification) as identification SHAYNE GAYLE ERICKSON - ,- MY COMMISSION # DID 577143 z�a EXPIRES: July 24, 2010 r Bonded TYn Notary Plow undervimers IC My Commission Expires: ON -COLLUSION AFFIDAV I, �U�+owl Jt�1 an, 111. of the city of'7W*^?a my oath, and under penalty of perjury, depose and say that according to law on 1. lam"rex#'Je-01�'tkN�2 ATto� of the firm of the Proposal for the project described in th Re uest for Proposals foidder making the ASK A Ett and that I executed the said proposal "withLill authority to dos e Ser 1r;Cer 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the of the statements contained in this affidavit in awarding contracts for said r 'ec AL4A (Signature)) a , Date: v - / ` " a f' STATE OF: ,c OA COUNTY OF: s Subscribed and sworn to (or affirmed) before me on rE- Z9` (::20C4— (date) by.. 1' j'b, ✓ ,0 A) (name of affiant). He/She is personally known to me or has producedA/ (type of identification) as identification. WYK GAYLE ERICKSON �'� �• My COMMISSION# DO5m43 OTA PUBLIC EXPIRES: My 24, 2010 `. ded ilvu Notary Pr�c UndenvtlMn ^� My Commission Expires: k�7 DRUG -FREE W ACE FORA The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: itRi Ile 1 (Name of Business) ro� 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' Policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I ce 'fy a this firm complies fully with the above requirements. (Signature) Date: 4?- / 9' 0 f' STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on S -- D ,�� " (date) by (name of affiant). He/She is personally known to me or has produced L11 t fide ificati as id ification. :rid s►+�rN cane my cauaalss oo sm43 ' d EXPIRES: July 24, 2010 OTA P BLIC ''�'' . •'. S;x aed Nu114 4ry,PulNo Undsnv,Ikn My Commission Expires: - r PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither L W4an Sw nor any Affiliate has been placed on the convicted vendor lisst ithiU (Responmontlhs t s name) n the last 36(Signature) Date: C- STATE OF: /-L o�? i� ✓r1 COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by w M A-, � (name of affiant). He/She is personally kno wn to me or has produced X Al o (type of identification) as identification_ 1 / SKAYNE GAYLE ERICKSON / MY COMMISSION # DID 577143 EXPIRES: ,uty 24, 2010 _ �do'TM "� unde^"m NOT UBLIC My Commission Expires: v MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR EMPLOYEE ASSISTANCE PROGRAM BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida, If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. GENERAL LIABILITY INSURANCE REQUIREMENTS FOR EMPLOYEE ASSISTANCE PROGRAM BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: 300 000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100.000 _ per Person $ 300.000 per Occurrence $_ 50.000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR EMPLOYEE ASSISTANCE PROGRAM BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $ 100.000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $_50.000 per Person $ 100.000 per Occurrence $_ 25.000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate potential and acting on the advice of the County Attorney, the Board of Cofrom the standard insurance requirements specified within this manual. Recognizing this unty Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And • The Indemnification and Hold Harmless Provisions Waivin of insurance rovisions could ex ose the Coun to For this reason, economic loss. every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision - making authority. F+� MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the fallowing contract: Contractor. Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver; Policies Waiver will apply to; Signature of Contractor; Approved Risk Management: Date. County Administrator appeal; Approved Date: Board of County Commissioners appeal; Approved Meeting Date: Not Approved Not Approved Not Approved BIDDER SIGNATURE G� INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS worker's Compensation $ 100,000 Bodily Injury by Acc. $ 500.000 Bodily Inj. by Disease, policy Imts $ 100.000 Bodily Inj. by Disease, each emp. Limit General Liability, including $ 300-,-0 _ Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non -owned and hired vehicles) $ 50.000 per Person $100,000 per Occurrence $ 25.000 Property Damage $100,000 Combined Single The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Employee Services Bulk Item: Yes X No _ Department: Benefits Staff Contact Person: Teresa Aguiar X4458 AGENDA ITEM WORDING: Approval to accept proposal with Gallagher Benefit Services, Inc. to provide Employee Benefits consulting services. ITEM BACKGROUND: The County is currently contracted with Interisk Corporation to provide consulting services on an as needed basis in regards to Employee Benefits (including Group Health Insurance), Risk Management and Workers' Compensation Programs. The current contract expires September 30, 2011. Due to the recently enacted Health Care Reform Act, recent discussions on the current Health Plan coverage and cost and the direction at the March, 2010 BOCC meeting to rebid for fully -insured and self -insured providers, it was desired to advertise for Employee Benefits consulting services to ensure that the County has the experience and resources available in a Consultant to adequately address these issues. Approval to solicit proposals for an Employee Benefits Consultant was obtained at the BOCC meeting of May 19, 2010. The County solicited for bids and received 9 proposals. A publicly advertised ranking meeting was held on August 9, 2010 with the Benefits Committee which consisted of the Employee Services Director, Budget Director and Sr. Administrator, Benefits. At the BOCC meeting of August 18, 2010, the County Administrator obtained approval to hire a Consultant to review the proposals and assist in the interview process with the Proposers. A publicly advertised interview process was scheduled with all Proposers on August 23, 2010. A decision was made at the conclusion of the meeting to recommend that Gallagher Benefit Services, Inc. provide Employee Benefits consulting services. PREVIOUS REVELANT BOCC ACTION: At the September 17, 2008 meeting, the Board approved to accept the bid Proposal from Interisk Corporation to provide the current services. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to contract with Gallagher Benefit Services. TOTAL COST: $129,000 yr INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $129,000 yr — SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Att� OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Gallagher Benefit Services, Contract # Inc. Effective Date: 10/ 1 / 10 Expiration Date: 9/30/13 Contract Purpose/Description: Employee Benefit Consulting Services Contract Manager: Maria F. Gonzalez 4449 Employee Services/Benefits #1 (Name) (Ext.) (Department/ Stop #) for BOCC meeting on 09-15-2010 Agenda Deadline: 8/31/2010 CONTRACT COSTS Total Dollar Value of Contract: $ 129,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 502-OS001-530-310- Grant: $ - - County Match: Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: lities, janitorial, salaries, etc. t In Division Director l7 : Risk Management _310 O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Changes Date Out Needed Reviewer Yes❑ No Yes❑ NoO 9-3-to Yes❑ No❑ f Yes❑ No[�/ & 0 vivin rorm meviseu utuvi iviLr ffz MONROE COUNTY CONTRACT FOR Employee Benefit Consulting Services THIS AGREEMENT ("Agreement") is made and entered into this 15th day of September, 2010, by and between MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and GALLAGHER BENEFIT SERVICES ("GBS"), INC. ("CONTRACTOR"), whose address is 2255 GLADES ROAD, SUITE 400E, BOCA RATON, FL 33431 (collectively, the "Parties"). Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and cant' out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement. CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR The CONTRACTOR must certify at least annually that all staff members, independent contractors, subcontracted work, if any, and all service providers it uses, engages or manages, comply with Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules. The CONTRACTOR must provide a list annually, listing any contractual relationship between the CONTRACTOR and any persons or business entities that provide the following services for the County: third party administration for health insurance or employee benefits, utilization review, large claims management, health insurance carrier. The CONTRACTOR must provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under any contract with the County. The CONTRACTOR must assign specific individuals to the key positions. Once assigned to work under any contract with the County, key personnel shall not be moved or replaced without prior written notification to the County. Such notification shall be provided within three (3) business days of the change. The CONTRACTOR must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the County and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or subcontractor, working in its employ any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the County. The following persons will provide the services under this Agreement: Richard Capizzi, Area Assistant Vice President. Will serve as the lead benefits consultant. Will be responsible for the overall client relationship and responsible for all items outlined in the Scope of Services. Glen Volk, Consulting Actuary. Will serve as lead Actuary for the County where actuarial services are required. Paul Hebert, Lead Compliance Consultant. Will serve as regulatory resources and be the primary resource on federal and state mandates. Will also provide support for the review of plan documents and general compliance issues. Will assist in negotiating contract changes; discussing federal and state legislation impacting the County; monitor ongoing contracts; provide information on employee benefit issues and proposed or new legislation. Mary Kay Lantz, Senior Client Manager. Will be responsible for all aspects of client management including product marketing and client services. Any change to the above -listed personnel requires notification to the County, in writing, within three (3) business days prior to implementation of the change. The firm and its employees who are responsible and accountable for the county's account and subcontractors, if any, must have all necessary current licenses issued by the Florida Department of Insurance for providing either consulting services or health benefits insurance. Proper documentation shall be attached to the contract. The firm's servicing office that would provide services to the County must have at least one (1) Marketing Account Executive and one (1) Customer Service Representative, each with a minimum of three (3) years of health insurance experience. Section 3. COUNTY'S RESPONSIBILITIES 3.1 Provide all best available information as to the COUNTY'S requirements for Employee Benefits Consulting Services. 3.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning Employee Benefits Consulting Services. 3.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 4. TERM OF AGREEMENT 4.1 The initial Agreement term will be for one (1) year beginning the 1st day of October, 2010 and renewable at the County's option for two (2) additional consecutive one year terms. 4.2 The terms of this Agreement shall be from the effective date hereof and continue for a period of one year. This Agreement shall be automatically renewed for successive one- year periods until either party gives the other notice of cancellation in accordance with the terms set forth below. The Contractor must provide the Contractor with at least thirty (30) days notice of intent to terminate. If either party desires to modify this Agreement, it shall notify the other in writing at least thirty (30) days prior to the effective date of such modification. In the case of proposed modification the party receiving the notification of the proposed modification shall itself notify the other party within ten (10) days after receipt of notice of its agreement to the proposed modification. Failure to do so shall terminate this Agreement. Section 5. COMPENSATION Compensation to CONTRACTOR throughout the term of this Agreement (the "Contract Price") is as follows: Year 1: $129,000 (one hundred twenty-nine thousand dollars and no cents) Year 2: $129,000 Year 3: $129,000 Payments in Years 2 and 3 are contingent upon the County exercising its option to renew the Agreement are exercised in Years 2 and 3 ("Contract Price"). Payment will be made as outlined in Section 6, below. By entering into this Agreement, the CONTRACTOR warrants that it understands that the Contract Price represents the full compensation for all services under this Agreement, and further warrants that it will not retain any compensation of any kind including but not limited to commissions fees and other payments from any entity that supplies employee benefits to the COUNTY including but not limited to carriers third Party administrators providers networks entities providing large case management and utilization review. The CONTRACTOR understands and agrees that in the event of breach of this provision, the Agreement is voidable and CONTRACTOR will disgorge any and all compensation earned to that point in time and will waive any right to any additional compensation from that point forward. The Parties understand that GBS is currently the agent of record for the Delta Dental Policy offered to employees and the group life and accidental death and dismemberment policy from Hartford Insurance. The Parties agree that the Contract Price set forth above will be offset by the commissions due and owing to GBS for serving as the agent of record for these two policies. The Parties further agree that with the exception of these two (2) policies, GBS will earn no other compensation from any employee benefits policies procured by the County dudnq the term of this Agreement Furthermore, the Parties agree that upon the first policy year renewal after the effective date of this agreement, all commissions will be removed from the rates for the above policies (Dental and Life) and the carriers will be instructed to provide rates net of commissions. GIBS Savings Guarantee: A review of the County's health insurance plan, likely including the issuance and evaluation of an RFP for medical and pharmacy services, shall be completed by November 15, 2010. Following the review, GIBS will issue a Request for Proposals by January 15, 2011 and will make recommendations to the County by April 1, 2011 on what they believe is the most efficient combination of medical and pharmacy administration vendors and networks for the County. If the COUNTY implements the GIBS recommendations, GIBS guarantees annual savings of at least $3.2 million to COUNTY's on health plan expenses over the 12 month period following the implementation of the changes. GBS will require another 3 months of run -out claims experience for tabulation. If the savings are not realized, GBS will forfeit $25,000 in consulting fees. Should the contract be terminated prior to July 1, 2012, the performance guarantee will not apply. Actual savings will be measured as follows: GBS will calculate the per capita incurred plan expense for the 12 month period ending on the implementation date of the changes (the "baseline plan cost"). Such cost will include incurred medical and pharmacy claims and all plan fees for administration, network access, utilization management, and any other similar fees that should reasonably be included. While GBS may provide estimates of the incurred claims in the baseline cost at any time, the final baseline cost will be calculated at the same time as the "experience plan cost" defined below. GBS will then measure the actual per capita plan expense for the first 12 month period following the implementation of the recommended changes (the "experience plan cost"). The experience plan cost will be actuarially adjusted to remove the impact of any benefit design differences between the baseline period and the experience period. In order to ensure that the incurred claims included in the experience plan cost are as accurate as possible, the calculation will be done no sooner than 3 months after the end of the period for which the experience plan cost is being calculated. The experience plan cost will include incurred claims and the administration and access fees that correspond to the fees included in the baseline plan cost. In the event that GBS recommends that the County purchase reinsurance, the cost of the reinsurance net of any recoveries will also be included in the experience plan cost. The savings calculation will then be calculated as follows: The baseline plan cost will be adjusted for one year of medical inflation to produce what the expected per capita cost would have been for the following 12 months had no changes been made. The inflation adjustment will equal the lesser of 8% and the Projected Medical and Prescription drug trend for Open Access Preferred Provider Organizations for the applicable period as published in the "Segal Health Plan Cost Trend Survey". The result will be called the "inflation adjusted baseline plan cost". The inflation adjusted baseline plan cost will be multiplied by the average enrollment for the 12 month period following the implementation of the changes. The result will be called the "annual inflation adjusted baseline plan cost", and it will represent the estimated annual plan cost for the period had no changes been made to the plan. The experience plan cost will be multiplied by the average enrollment for the 12 month period following the implementation of the changes. The result will be called the "actual annual plan cost". Savings will be defined as the "annual inflation adjusted baseline plan costs" minus the "actual annual plan cost". Section 6. PAYMENT TO CONTRACTOR 6.1 Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit invoices to the appropriate offices marked Group Insurance. The respective office supervisor and the Director of Employee Services, who will review the request, note his/her approval on the request and forward it to the Clerk for payment. Upon receipt of the contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in accordance with the Florida Prompt Payment Act, Section 218.70, Florida Statutes. 6.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe County Board of County Commissioners. 6.3 The annual compensation listed in Section 5 will be payable in monthly installments. The Contractor will submit such invoice monthly for services provided during the preceding month Section 7. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 8. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by COUNTY, and its decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 9. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Employee Services Director 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 To the CONTRACTOR: Section 10. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 12. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 14. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 15. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 17. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 20. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps: 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 29-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 21. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 24. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 25. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 28. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 29. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non -Collusion Agreement. Section 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES 33.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by GBS. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on general liability and vehicle liability policies. 33.2 Insurance Requirements For Contract Between County And Contractor Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.3 Vehicle Liability Insurance requirements The minimum limits acceptable shall be owner and non -owned and hired vehicles: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limit is: $50,000 per Person $100,000 per Occurrence $25,000 Property Damage 33.4 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 33.5 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advise or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract and covered under the terms of the (GBS) policy. The minimum limits of liability shall be: $250,000 per occurrence/$500,000 Aggregate Section 34. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 20_. (SEAL) Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By Deputy Clerk (CORPORATE SEAL) ATTEST: By BOARD OF COUNTY COMMISSIONERS by Mayor/Chairman (GALLAGHER BENEFIT SERVICES, INC.) by _ Title: EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS The CONTRACTOR shall provide consulting services on an as needed basis in the areas of Group Health Insurance. The key personnel identified in Section 2 are considered to be essential to the work performed. No personnel substitutions shall be made without the consent in writing of Monroe County. The scope of services to be provided on an as needed basis by the Provider include, but shall not be limited to, the following. Monroe County currently provides a self -insured health plan to its employees, the employees of other Constitutional officers, retirees, spouses and dependents. The County is planning on issuing a Request for Proposal no later than the end of 2010, which will seek (a) third party administrator, utilization review and large claim management if the county remains self -insured; (b) comparative quotes from fully insured health insurance providers; and (c) excess or stop -loss insurance under either. Prior to issuance of the RFP, the Consultant will work with County staff and advise the County on the following issues: o Should the County remain self -insured or should the County consider the possibility of going with a fully insured plan? o Contracts with existing networks and alternative networks. o Terms and conditions of the contracts with networks, including negotiated rates for physicians, hospitals, and other services. • After the above discussions, Consultant will prepare RFP specifications, identify appropriate markets, analyze proposals submitted, prepare and submit recommendations and supporting documentation for recommendations, present results to management, and assist in negotiation of (preferably multi -year) contracts. Will assist in soliciting bids for any employee benefits necessary. GBS will only recommend vendors that have an A- (Excellent) or better rating from A.M. Best. GBS will evaluate Monroe County's employee benefit plans initially and on an annual basis for the following: o Optimal balance between pricing and benefits. o Optimal mix of benefits offered to provide a well-balanced plan for ensuring employee security. o Optimal mix of vendors. o Competitive value. Will provide benchmarking information. o Effective use of vendors to streamline administrative burdens. o Optimal funding mechanisms for benefits. o Employer and Employee contribution levels. o Sufficient coverage in networks to satisfy employees and if network discounts are sufficient to satisfy the County's needs. Assist with renewals, including negotiation of any change in contracts. Review Benefit Plan Documents and contracts. Assist in design and delivery of employee health benefits communication pieces. o Prepare open enrollment presentations to clearly communicate the value of employee benefits and the processes they will follow for open enrollment. The development will be done in collaboration with the County's vendors to ensure accuracy. o Prepare summary communication materials to consolidate benefit plan information into an easy to use, portable format. o Assist the County with communication campaigns to disseminate appropriate information about benefits or employment policies. o Facilitate open enrollment meetings to explain benefits during open enrollment, whether on -site at critical locations or online meetings to accommodate employees. o Create open enrollment forms, open enrollment brochures, posters, payroll stuffers, etc. as requested by the County. o Work with the County's staff to develop customized education programs. • Review coverage under present Provider contracts and overall benefit plan to establish goals and objectives. o Review contracts and insurance policies for compliance with the terms of carriers' proposals to ensure accuracy, consistency, and applicability. o Review contracts and Summary Plan Descriptions for compliance with regulatory guidelines. o Develop components of the County's plan document to "wrap" benefit plans into one document for simplification and reporting. • Analyze and evaluate Monroe County's performance with respect to its self -insured program and make recommendations based on performance and current industry practices. This may include funding alternatives, procedures, health-care cost containment, retention levels, stop -loss limits, and multiple -option plan designs. • Will provide a recommended reporting frequency (quarterly at a minimum) and will prepare and review the reporting package with Monroe County's staff and, if needed, the Board of County Commissioners, to discuss key findings and identify potential opportunities. The reports will based on the County's needs and may include: o Executive Summary o Plan costs by line of coverage (medical, dental, vision, life, etc.) o Costs versus Budget o Cost comparison to prior claim periods o Plan cost trends o Large claims tracking o Renewal projections and alternatives o Incurred but not reported projections o Future plan cost projections (5 years) o Employer versus employee contributions o Benefit modeling (cost impacts of benefit changes) o Top diagnostic categories • Assist in on -site audits in regards to claim processing and payment accuracy. o GBS will assist with audits of payment accuracy for individual claims and for issues that result from a specific type of claim. o Third Party Administrator in-depth claims audits can be performed at a negotiated fee. • Perform research and provide responses to technical questions posed by the County. • Provide annual Actuarial report for Self -Insured Program in accordance with Florida Statute 112.08. • Provide annual Imputed Income evaluation for Domestic Partners to determine the amount of the imputed income rates that employees and retirees who carry domestic partners or children of domestic partners are taxed on. • Provide complete Actuarial Valuation of Postemployment Benefit Plan every two years (next valuation due 2012) to determine the Plan's accrued liability and annual OPEB expense and document actuarial assumptions and plan provisions. Provide roll forward report for years in which a full valuation is not required providing disclosure amounts and assumptions. • Provide annual Medicare Part D Attestation report in conjunction with the application for the Medicare Part D subsidy. The consultant shall confirm that the total value of benefits provided to Medicare Part D eligible individuals under the County's plan is at least as generous as what they could have received under the standard Medicare Part D coverage. • Be available to meet with the Board of County Commissioners, County staff and the general employee population as reasonably necessary. • Be available to answer questions and assist in resolving issues that arise during the year in regards to employee benefits. o Identified urgent requests will be responded to as quickly as possible. Routinely, calls will be returned within 2 to 3 hours. • Provide actuarial services as may be necessary and provide written analysis with sufficient details to support conclusions and recommendations. GBS will meet with the County after the first quarter's experience and will be available for monthly meetings thereafter until the reporting needs are fine tuned. Face to face meetings will be with the GBS in-house actuary who approves the reports. • Provide estimates of renewal rates and assist management in preparation of budget figures for health benefits. • Keep management informed as to pending legislation that may have an impact on existing or future benefits and any changes in State and Federal laws affecting benefit plans. Provide plan document revisions through the use of professional compliance staff. GBS will assist the County in keeping current on critical regulatory issues through the following mechanisms: o Directions — Monthly newsletter sent to the County electronically. o Technical Bulletins — Published as needed. o Webinars • Assist with the initial tactical responses for compliance with any law changes and assist with long-term strategies as a result of the recently enacted Patient Protection Affordability and Accountability (Health Care Reform) Act. • Provide information on employee benefit issues and trends. • Provide employee survey services through GBS Viewpoints. Develop and implement employee surveys from survey design to analysis. Cross tabulate results by location or other variables desired by the County, provide detailed and summary reports, and make appropriate recommendations based on the results. • Deliver secure, personalized online access with GBS Insight: o My Desktop - personalized workspace that provides one -click access to compliance Internet resources and the County's GBS account team. o My Documents - personalized directory of documents that the administrative staff shares with the County's GBS account team and an entire archive of GBS compliance newsletters and bulletins. o My Benefit Plan - electronic access to benefit plan information. o My Service Requests - secure message board that allows staff to submit, respond to, and track service requests to any member of the County's GBS account team. • GBS will provide full disclosure and transparency in their compensation. GBS will provide the County with this information up front, at every contract renewal, and with every bid analysis. • During the term of the contract, GBS will have no relationships that in any way impact their ability to provide benefits consulting services to the County. The Contractor shall record and maintain statistical data concerning the services, and such additional information as may be required by the County. The Contractor shall retain all records pertaining to this contract for a period of four (4) years after the termination of this contract. The County, the Clerk, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. SECTION THREE: RESPONSE FORMS RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o Purchasing Department 1100 Simonton Street GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WE T , F�ORIDA 33040�( 1 acknowledge receipt of Addenda No, (s) 0.- 1b LC I have Mcluded • Lobbying and Conflict of Interest Clause • Non -Collusion Affidavit Q • Drug Free Workplace Form • Public Entity Crime Statement Q • Insurance Requirements 0 • Local Preference Form (if applicable) NL� In addition, I have included a current copy of the following professional and occupational licenses: Gallagher Benefit Services, Inc. Agency License, Agent Licenses Richard A. Capizzi, Mary Kay Lantz da qW List all charges for services, inclusive of all travel and other expenses (there will be no reimbursable expense items): (Check mark items above, as reminder that they are included) Mailing Address: Gallagher Benefit Services, Inc. Telephone: 561-995-6706 2255 Glades Road, Suite 400 E ton, �_3041 Signed: Witness: i Jeffrey P. Angello (Print Name) Area President (Title) Fax. 561-998-6708 -71 STATE OF: Florida COUNTY OF: Palm Beach Subscribed d s orn to or affibefore me on _;rmed) "';`1 191 .)-Oro(date) by f /o Tname of affiant). He/She is personally known isto me or has produced (type of identification) as =J0 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: Gallagher Benefit services, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specked in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, above requirements. I certify that this firm complies full ith the (Signature) Date: 1/t�2OfQ STATE OF: Florida COUNTY OF: Palm Beach Subscribed and sworn to (or affirmed) before me on ! —'�plv (date) by (name of affiant). He/&,4e is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: e y- Commissi0 4 D 5496 D�v2014 sottaeataR'a� M PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither Jeffrey P. Angello (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: 7/194,1 n i 0 STATE OF: Florida COUNTY OF: Palm Beach Subscribed and sworn top (or affirmed) before me on _ /9, a of 0 tl V- (date) by Y e- Are l l . Ang e l� 10 (name of affiant). He/S to is persogpfly known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: rN Linda' emission # DDg55496 soxnEn7mwinanc dAN. 23,2014 ca. am BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes X No _ Department: Office of Management & Budget Staff Contact Person/Phone #: Ernie Coughlin X4315 AGENDA ITEM WORDING: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. ITEM BACKGROUND: See attached schedule of items. PREVIOUS RELEVANT BOCC ACTION: See attached schedule of items. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes _ No COST TO COUNTY: N/A SOURCE OF FUNDS:N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X urchasing X Risk Management N/A DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # gl p 'SII pglI$I N OS N 'O I8� 'Q Q i[7 �fl ��0 HI V_ I� �I�� ��pI �I In �Nn:� 1(0 ��---��- Nf060, =�OJ N' (R EA 69'� �hI HONN3 L 1»7 f mJ � I m m 1 0 0� E, 1�E EI , - E ml E to I,o' o loi m ; mI Imp' 'm id m� :m �l '�cl` c ICI N' N: N: CSk - ! C O m m -E mj m m; GCS o), ¢: ¢' ¢� I�' �E .E_ E' OE E E EI E'` E'. 'E I,E 11 m" m- m' m m m m m ImI m, m, p p �I � � 'I ��', m m, N, N� S' OI CC �1 �I�I m m mil IQi Q Q ""I OY 'Q �a !¢ Q .¢� Q ml m�,1m ml m i? 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N NI N' ION' a d Qi O O m mj m' m a a a 1 �" V 'n. ao '� o I.Y� Im of JN_ 'o, 0 -t y LOL o SI cl NI C CG a� CJ 'al C c G -C C W mI co 'Im Cs IV � Z m�IC°mJ 01 CcC c aj a(m(0��1' iI `acI 0I I iIUD 10 m�om L �I LmI IYi yi YI �I Ilcr'c_ cI E; cl 1c �EI cl E� ;Ei Ic EI E c1, 'IcI c ,c' m' mI m, ml m Iro' m- m: "(-D mm c�, O O' UI O ;0', or CC C �C3 C C, CI m m' C �C C 'EI E' of I" 10i ,- IoI o 0 �o io' ml i 't6l mII IUI �O� Oi �U Ui UI 101 DUI Ur' U' U i c C', cI Ci 'lci 'C' c' C' C: C�, ICj G: IC- cl iC O O OJ O} O, O' O OI O- O O -0- O Oj 0 Icy 5 of '3I 3I c 1 m 0 m m ml m m m m. m, m Imp 'gym m� mm ImI I�" m mI m Cal m ml m= of —oom>oa>-1 ao' ao'�`o'l m10m>I JQoma>1 0 o > I 2, l01 o 0, 21 >o'101 o>, _>gomIQorooa> ¢aalalal! aaana Iw aa aa. F r'- If Lu �' N� c� wt w col nI eon' :°'� o' �I Icm CD �O IU 'C7� iU jC71 CJ vl Ilv v m �II� IO 1pO O .OI U U U I O C C I� rm N N Im m � i I� o IIo !lob to o�l < �o .6 ac IU. LL ILL IUL! ILL IIO la a a Id a. I II ! �` ia' a Ia 'a as c1 Ic I 7 7 =, L 7' 1 C V SILL ILLS :LL II LLI, LL IO {m m '�mJ Ilm ml � a �� �c c �� c o a� ICI m c �I ro ` a1 nl I ^III CL �U IU �U US VJ V Cal m; CN CII C c c c c ct = > c 0 0>1 ',`o � i o� l o a Ia n "at �gl w C mI m: iIgI L m1 mI mI L L� IL f aC C"Iff1 ICI C ImEI Iml m Im a U U: V U U L Cl CF C C C." liC 'OU O O O' Or C �U V DUI U C: IO IO IOI I!OI is, .y 0 0' of o o c mI m of o Im, Im ImI 0 0� o: o" Jot 'a '0 o' o l 000 0 0 a� gal oo �I NI 14 N: 'N `O m a Resolution No. -2010 OMB Schedule Item Number 1 A RESOLUTION RESCINDING RESOLUTION NUMBER 206-2010 WHEREAS, Resolution Number 206-2010, 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. 206-2010 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 rescinded: Fund #125 — Governmental Fund Type Grants Cost Center # 06040 Drug Court Pgm Urin Lab Project # GG1012 Drug Court Pgm urin Lab Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-4-4X-113 CFDA # 16.738 Revenue: 125-06040-331690OH- GG1012 State Grants $ 46,725.00 -------------- Total Revenue $ 46,725.00 Appropriations: 125-06040-530490-GG1012-530340 Other Contractual Services $46,725.00 Total Appropriations: $ 46,725.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15`s day of September AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro M (Seal) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Item 1 rescind reso#206-2010 unant 125 06040 GG1012 Drug Court Pgm Urin Lab Resolution No. -2010 OMB Schedule Item Number 2 A RESOLUTION RESCINDING RESOLUTION NUMBER 207-2010 WHEREAS, Resolution Number 207-2010, 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. 207-2010 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 rescinded: Fund #125 — Governmental Fund Type Grants Cost Center # 06041 WIT Recidivism Prevention Project # GG1013 WIT Recidivism Prevention Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-I-4X-112 CFDA # 16.738 Revenue: 125-06041-334690OH- GG1013 State Grants $ 21,700.00 ----------- -- Total Revenue $ 21,700.00 Appropriations: 125-06041-530490-GG1013-530340 Other Contractual Services $21,700.00 --------------- Total Appropriations: $21,700.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15a` day of September AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro In (Seal) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Item 2 rescind reso#207-2010 unant 125 06041 GG1013 WIT Recidivism Prevention Resolution No. -2010 OMB Schedule Item Number 3 A RESOLUTION AMENDING RESOLUTION NUMBER 008-2010 WHEREAS, Resolution Number 008-2010, 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. 008-2010 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on January 201h , 2010 is hereby amended: Fund #125 — Governmental Fund Type Grants Cost Center # 06040 Drug Court Pgm Urin Lab Project # GG1012 Drug Court Pgm urin Lab Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-4-4X-113 CFDA # 16.738 Revenue: 125-06040-331690011- GG1012 Federal Grants $ 46,725.00 ----------- -- Total Revenue $ 46,725.00 Appropriations: 125-06040-530490-GG 1012-530340 Other Contractual Services $46,725.00 --------------- Total Appropriations: $ 46,725.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15t' day of September AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro I0 (Seal) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Item 3 amend reso#008-2010 unant 125 06040 GG 1012 Drug Court Pgm Urin Lab Resolution No. - 2010 OMB Schedule Item Number 4 A RESOLUTION AMENDING RESOLUTION NUMBER 009-2010 WHEREAS, Resolution Number 009-2010, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 009-2010 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on January 20th , 2010 is hereby amended: Fund #125 — Governmental Fund Type Grants Cost Center # 06041 WIT Recidivism Prevention Project # GG1013 WIT Recidivism Prevention Function #5600 Activity #5690 Offcl/Div# 1000 Contract # 2010-JAGC-MONR-I-4X-112 CFDA # 16.738 Revenue: 125-06041-331690OH- GG1013 Federal Grants $ 21,700.00 -------------- Total Revenue $ 21,700.00 Appropriations: 125-06041-530490-GG1013-530340 Other Contractual Services $21,700.00 Total Appropriations: $21,700.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15ffi day of September AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro LIN (Seal) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Item 4 amend reso#009-2010 unant 125 06041 GG1013 WIT Recidivism Prevention OMB Schedule Item Number 5 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153510 — Low Income Home Energy Assistance Program Low Income Home Energy Assistance Program FY 10-11 Function 5600 Human Services Activity 5690 Other Human Services Revenue: 125-6153510-3315000E- Fed Grant -Economic Environment Total Revenue Appropriations: 125-5690-6153510-510120 125-5690-6153510-510210 125-5690-6153510-510220 125-5690-6153510-510230 125-5690-6153510-530400 125-5690-6153510-530410 125-5690-6153510-530430 125-5690-6153510-530431 125-5690-6153510-530432 125-5690-6153510-530440 125-5690-6153510-530460 125-5690-6153510-530470 125-5690-6153510-530481 125-5690-6153510-530510 125-5690-6153510-530520 Total Appropriations: Contract# 10EA-8F-11-54-01-019 CFDA# 93.568 Grant period:March 1, 2010-March 31, 2011 $168,898.00 $168,898.00 Regular Salaries 14,355.00 Fica 0.00 Retirement 0.00 Life & Health Ins. 0.00 Travel 0.00 Phone and Postage/Freight 0.00 Crisis Utility Payment 82,077.00 Home Energy Assistance 45,750.00 Weather Related/Supply 11,118.00 Rentals and Leases 0,00 Maintenance 0,00 Printing & Binding 0.00 Outreach 15,598.00 Office Supplies 0.00 Operating 0.00 $168,898.00 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 15t° day of September AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Un Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 5 unant liheap fy10-11 6153510 grant mod#1 OMB Schedule Item Number 6 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #150 911 Enhancement Fee Cost Center # 10504 911 Enhancement Fund Cost Center # 10506 911 Enhancement Wireless Offcl/Div# 1012 Function# 5200 Activity # 5210 Revenue: 150-34240OSS Svcs -Pub Safety $145,000.00 150-342405SS Chgs Svcs-E911 Wireless $125,000.00 ------------- Total Revenue $270,000.00 Appropriations: 150-10504-530340 Other Contractual Svcs. $145,000.00 150-10506-530340 Other Contractual Svcs $125,000.00 Total Appropriations: $270,000.00 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 15`h day of September AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 6 unant Fund 150 911 Enhancement Fee OMB Schedule Item Number 7 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #101 Fine & Forfeiture Cost Center #68629 Sheriff Law Enforcement Revenue: 101-36610OGM Donations $1,000.00 Appropriations: 101-5210-68629-530490 Misc $1,000.00 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 15'' day of September, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 7 unant Fund 101 68629 Sheriff Law Enforcement OMB Schedule Item Number 8 Resolution No. -2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 141 Fire & Amb Dist 1 L&M Key From: 141-5220-11500-530340 Other Contractual Svcs Cost Center #11500 Fire & Rescue Central For the Amount: $45,000.00 To: 141-5810-86511-590001 Transfer to 001 Cost Center #86511 Budgeted Transfer 141 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 15`h day of September, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 8 fund 141 trnsfr fm 11500 to 86511 OMB Schedule Item Number 9 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #001 General Fund Cost Center # 12001 Fire Academy Function#5200 Activity#5220 Official Division#1019 Revenue: 001-5220-381141GT Total Revenue: Appropriations: 001-5220-12001-560620 Transfer from Fund 141 Total Appropriations: Capital Outlay -Bldg $ 45,000.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 151h day of September, 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 9 unant fund 001 12001 Fire Academy OMB Schedule Item Number 10 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 Fund From:503-5290-08502-530450 Insurance Cost Center #08502 Risk Mgmt Insurance For the Amount: $250,000.00 To: 503-5290-08503-530454 General Liability Exp Cost Center #08503 Risk Mgmt Claims 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 15" day of September, 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 fund 503 trnsfr fm 08502 to 08503 Resolution No. - 2010 OMB Schedule Item Number 11 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 # 22537 Geiger Crk Bridge Repair Project # GM0901 Geiger Crk Bridge Repair Function # 5400 Activity # 5410 Official/Division # 1013 FPN 426355-1-58-01 Revenue: 125-22537-33149OCT-GM0901 125-22537-381102GT-GM0901 Total Revenue Appropriations: 125-5410-22537-560630-GM0901-560630 Total Appropriations: Federal Transportation Grant $914,056.00 Transfer fin Fund 102 $188,457.00 -------------- $1,102,513.00 Capital Outlay -Infrastructure $1,102,513.00 $1,102,513.00 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 15th day of September AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 11 uant 125 22537 GM0901 Geiger Creek Brdg Rep Resolution No. - 2010 OMB Schedule Item Number 12 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 Grant Cost Center # 22538 Palm Dr Baypoint Bdg Repr Project# GM0902 Palm Dr Baypoint Bdg Repr Function 5400 Activity 5410 Official Div 1013 FPN 4261821-1-58-01 Revenue: 125-22538-33149OCT-GM0902 125-22538-381102GT-GM0902 Total Revenue Appropriations: 125-5410-22538-560630-GM0902-560630 Total Appropriations: State Transportation Grant $136,053.00 Transfer from Fund 102 $ 0.00 --------------- $136,053.00 Capital Outlay -Infrastructure $136,053.00 --------------- $136,053.00 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 15th day of September AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 12 uant 125 22538 GM0902 Palm Dr Baypoint Brdg Rep 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 20tO, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Mthn Airport Cost Center #63577 Txwy A Pavement Mkg Rehab 44-28 Project #GAMA69 Txwy A Pavement Mkg Rehab 44-28 Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63577-331410OT-GAMA69 Fed Grants -Transportation $72,950.00 Total Revenue: $72,950.00 Appropriations: 403-63577-530490-GAMA69-530310 Professional Svcs $72,950.00 Total Appropriations: $72,950.00 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 15"' day of September, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 13 unant fund 403 63577 gama69 OMB Schedule Item Number 14 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Mthn Airport Cost Center #63578 Terminal Sewer Laterals 44-28 Project #GAMA70 Terminal Sewer Laterals 44-28 Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63578-331410OT-GAMA70 Fed Grants -Transportation $13,015.00 Total Revenue: $13,015.00 Appropriations: 403-63578-530490-GAMA70-530310 Professional Svcs $13,015.00 Total Appropriations: $13,015.00 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 15" day of September, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 14 unant fund 403 63578 gama70 OMB Schedule Item Number 15 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Mthn Airport Cost Center #63579 Wildlife Hazard Assessment 44-28 Project #GAMA71 Wildlife Hazard Assessment 44-28 Function#5400 Activity#5420 Official Division#1018 Revenue: 403-63579-331410OT-GAMA71 Fed Grants -Transportation $56,414.00 Total Revenue: $56,414.00 Appropriations: 403-63579-530490-GAMA71-530310 Professional Svcs $56,414.00 Total Appropriations: $56,414.00 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 15`h day of September, 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 15 unant fund 403 63579 gama7l OMB Schedule Item Number 16 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 #403 Marathon Airport From:403-5420-63502-560640 Cost Center #63502 Mthn Airport R&R For the amount: $3,840.00 To: 403-5420-63577-530490-GAMA69-530310 Cost Center #63577 Txwy A Pavement Mkg Rehab 44-28 From:403-5420-63502-560640 Cost Center #63502 Mthn Airport R&R For the amount: $685.00 To: 403-5420-63578-530490-GAMA70-530310 Cost Center #63578 Terminal Sewer Laterals 44-28 From:403-5420-63502-560640 Cost Center #63502 Mthn Airport R&R For the amount: $2,969.00 To: 403-5420-63579-530490-GAMA71-530310 Cost Center #63579 Wildlife Hazard Assessment 44-28 Capital Outlay -Equipment Professional Svcs Capital Outlay -Equipment Professional Svcs Capital Outlay -Equipment Professional Svcs BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15t' day of September, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA R-A Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 Fund 403 trsfts fm 63502 grant match OMB Schedule Item Number 17 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Int'1 Airport Cost Center #630151 DBE 037-43 FAA Grant# 3-12-0037-043-2010 Project #GAKA143 DBE 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 404-630151-331410OT-GAKA143 Federal Grants -Transportation $50,967.00 Total Revenue: $50,967.00 Appropriations: 404-630151-530490-GAKA143-530310 Professional Svcs $50,967.00 Total Appropriations: $50,967.00 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 15`h day of September, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 17 unant fund 404 630151 GAKA 143 DBE FAA# 037-43 OMB Schedule Item Number 18 Resolution No. -2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 404 KW International Airport From: 404-5420-63002-560640 Capital Outlay Equipment Cost Center #63002 KW Airport R&R For the Amount: $2,683.00 To: 404-5420-630151-530490-GAKA143-530310 Prof Svcs Cost Center #630151 DBE 034-43 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 15`s day of September, 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 fund 404 63002 transfer to 630151 GAKA1433 OMB Schedule Item Number 19 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper Restrictions Cost Center #636144 ALP Upd Util Master Pln 037-43 Project #GAKAP133 ALP Upd Util Master Pln 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636144-331410OT-GAKAP133 Federal Grants -Transportation $20,891.00 Total Revenue: $20,891.00 Appropriations: 406-636144-530490-GAKAP133-530310 Professional Svcs $20,891.00 Total Appropriations: $20,891.00 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 15a` day of September, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 19 unant fund 406 636144 GAKAP 133 ALP Upd Util Master Pln 037-43 OMB Schedule Item Number 20 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper Restrictions Cost Center #636145 Wildlife Hazard Mgmt Pln 037-43 Project #GAKAP137 Wildlife Hazard Mgmt Pin 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636145-331410OT-GAKAP137 Federal Grants -Transportation $23,560.00 Total Revenue: $23,560.00 Appropriations: 406-636145-530490-GAKAP137-530310 Professional Svcs $23,560.00 Total Appropriations: $23,560.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15" day of September , AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA an (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 20 unant fund 406 636145 GAKAP137 Wildlife Hazard Mgmt Pln 037-43 OMB Schedule Item Number 21 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper Restrictions Cost Center #636147 Pvmnt Rehab Design Aircraft Pkg Area 037-43 Project #GAKAP138 Pvmnt Rehab Design Aircraft Pkg Area 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636147-331410OT-GAKAP138 Federal Grants -Transportation $30,875.00 Total Revenue: $30,875.00 Appropriations: 406-636147-530490-GAKAP138-530310 Professional Svcs $30,875.00 Total Appropriations: $30,875.00 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 15`s day of September, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 21 unant fund 406 636147 GAKAP 138 Pvmnt Rehab Design Aircraft Pkg Area 037-43 OMB Schedule Item Number 22 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper Restrictions Cost Center #636149 Drainage Rehab Study 037-43 Project #GAKAP140 Drainage Rehab Study 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636149-331410OT-GAKAP140 Federal Grants -Transportation $113,762.00 Total Revenue: $113,762.00 Appropriations: 406-636149-530490-GAKAP140-530310 Professional Svcs $113,762.00 Total Appropriations: $113,762.00 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 15'h day of September, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 22 unant fund 406 636 t49 GAKAP 140 Drainage Rehab Study 037-43 OMB Schedule Item Number 23 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper Restrictions Cost Center #636150 Baggage Area Elevator 037-43 Project #GAKAP142 Baggage Area Elevator 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636150-33141OCT-GAKAP142 Federal Grants -Transportation $189,089.00 Total Revenue: $189,089.00 Appropriations: 406-636150-560620-GAKAP142-560620 Capital Outlay Bldg $189,089.00 Total Appropriations: $189,089.00 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 15`h day of September, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 23 unant fund 406 636 t 50 GAKAP142 Baggage Area Elevator 037-43 OMB Schedule Item Number 24 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 406 PFC & Oper Restrictions From: 406-5420-63603-560620 Capital Outlay Bldg Cost Center #63603 Passenger Facility Chg For the Amount: $1,100.00 To: 406-5420-636144-530490-GAKAP133-530310 Prof Svcs Cost Center #630144 ALP Upd Util Master Pht 037-43 From: 406-5420-63603-560620 Capital Outlay Bldg Cost Center #63603 Passenger Facility Chg For the Amount: $1,240.00 To: 406-5420-636145-530490-GAKAP137-530310 Prof Svcs Cost Center #630145 Wildlife Hazard Mgmt Pln 037-43 From: 406-5420-63603-560620 Capital Outlay Bldg Cost Center #63603 Passenger Facility Chg For the Amount: $1,625.00 To: 406-5420-636147-530490-GAKAP138-530310 Prof Svcs Cost Center #630147 Pvmnt Rehab Design Aircraft Pkg Area 037-43 From: 406-5420-63603-560620 Capital Outlay Bldg Cost Center #63603 Passenger Facility Chg For the Amount: $5,988.00 To: 406-5420-636149-530490-GAKAP140-530310 Prof Svcs Cost Center #630149 Drainage Rehab Study 037-43 From: 406-5420-63603-560620 Capital Outlay Bldg Cost Center #63603 Passenger Facility Chg For the Amount: $9,952.00 To: 406-5420-636150-560620-GAKAP142-560620 Prof Svcs Cost Center #630150 Baggage Area Elevator 037-43 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 15`h day of September, AD 2010. Item 24 fund 406 63603 transfers PFC grant match pg 1 Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LE (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 24 fund 406 63603 transfers PFC grant match pg 2 OMB Schedule Item Number 25 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 001 General Fund From: 001-5640-61501-510120 Regular Salaries & Wages Cost Center #61501 Welfare Administration For the Amount: $26,264.00 To: 001-5810-86500-590125 Transfer to Fund 125 Cost Center #86500 Budgeted Transfers 001 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 15th day of September, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 25 transfer Fund 001 fm 61501 to 86500 OMB Schedule Item Number 26 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type Grants Cost Center # 6153809 Community Care for the Elderly Function#5600 Activity#5640 Official Division#1016 Revenue: 125-6153809-38100IGT Transfers fm Fund 001 $26.264.00 Total Revenue: $26,264.00 Appropriations: 125-6153809-530340 Other Contractual Svc $26,264.00 ------------- Total Appropriations: $26,264.00 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 151h day of September, 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 26 unant fund t25 6153809 kc-971 cce grant match BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes ® No ❑ Division: OMB Department: Grant Management Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Authorization for the Mayor to execute the Certificate of Acceptance of Subgrant Award for the Monroe County Jail Incarceration Program using funds granted by the Florida Department of Law Enforcement for the Residential Substance Abuse Treatment (RSAT) program, for the period from September 1, 2010 through August 31, 2011. ITEM BACKGROUND: Seventy-five percent funding is provided by the Florida Dept. of Law Enforcement under the Residential Substance Abuse Treatment Grant Program for inmates in correctional institutions with six to twelve months remaining on their sentences. Services provided under contract by Care Center for Mental Health, Inc. PREVIOUS RELEVANT BOCC ACTION: Approval to apply for grant funds given at June 2010 meeting. Contract with Guidance Care Center is also being considered at this meeting. CONTRACT/AGREEMENT CHANGES: Changes to dates only. STAFF RECOMMENDATION: Approval TOTAL COST: $66,667.00 BUDGETED: Yes ® No ❑ COST TO COUNTY: $16,667.00 SOURCE OF FUNDS: fine and forfeiture fund/ad valorem taxes REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH YEAR APPROVED BY:000NTY ATTY dqq URCHASING ❑ RISK MANAGEMENT DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 09/01/10 Enforcement Expiration Date: 08/31/11 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Residential Substance Abuse Treatment Program. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 09/15/10 Total Dollar Value of Contract Budgeted? Yes X No Grant: $50,000.00 County Match: $16,667.00 4444 OMB/Grants Mgt. (Ext.) (Department) Agenda Deadline: 08/31/10 CONTRACT COSTS $66,667,00 Current Year Portion: $5,556.00 Account Codes: 125-06019-530490-GG1009-XXXXXX ADDITIONAL COSTS CONTRACT REVIEW Changes t In Needed - " R�riewie Division Director /0 Yes❑ NoQ� p Risk Manag ent"(C` Yes❑ NoE�/ PJ O.M.B./Purch sing g)Ii0 Yes❑ No County Attorney //0ElYesNox �F o (�/ Comments: OMB Form Revised 9/11/95 MCP #2 Revised 2/95 Date Out jd FILE Florida Department of Office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Commissioner of Agriculture Commissioner www.fdle.state.fl.us I t �t�t3 JUL 3 0 2M The Honorable Sylvia Murphy Mayor Monroe County Board of Commissioners 102050 Overseas Highway Key Largo, FL 33037 Re: Contract No. 2011-RSAT-MONR-1-A9-004 Dear Mayor Murphy: The Florida Department of Law Enforcement is pleased to award a Residential Substance Abuse Treatment for State Prisoners grant in the amount of $ 50,000.00 to your unit of government. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable Sylvia Murphy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Martha McWilliams at 850/617-1250. Sincerely, Ao j . � .vj-�to H. Wilder Administrator CHW/MKM/sa Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2011-RSAT-MONR-1-A9-004, in the amount of $ 50,000.00, for a project entitled, MONROE COUNTY JAIL INCARCERATION PROGRAM, for the period of 09/01/2010 through 08/31/2011, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of Law Enforcement's Conditions of Agreement and any special conditions governing this subgrant. Signature of Subgrantee's Authorized Official Sylvia Murphy, Mayor Typed Name and Title of Official September 15, 2010 Date of Acceptance MONROE COUNTY ATTORNEY � PPRIQ),V, D AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTAiv;,� COUNTY ATTORNEY i Date ti l�n" State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: % Q9 ` 10 Grant Period: From: 09/01/201.0 TO: 08/31/2011 Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Grant Number: 2011-RSAT-MONR-1-A9-004 Federal Funds: $ 50,000.00 Agency Match: $ 16,667.00 Total Project Cost: $ 66,667.00 Program Area: 0001 : Residential Substance Abuse Treatment CFDA #: 16.593 Award is hereby made in the amount and for the period shown above of a grant under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, P.L 103-322, as amended, to the above mentioned subgrantee and subject to any attached standards or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 103-322, as amended. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance/ Request for Payment is returned to the department. Authorized fficial Clayton H. Wilder Administrator Date ( This award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITIONS)/GENERAL COMMENT(S) Grantee: Office of Criminal Justice Grants Grant Number: 2011-RSAT-MONR-1-A9-004 Grant Title: MONROE COUNTY JAIL INCARCERATION PROGRAM In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s)/General Comment(s): Ref# S15649: Prior to drawdown of federal funds for Contractual Services, a copy of the boilerplate agreement must be submitted to the Office of Criminal Justice Grants. Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-clerk.com Application Ref # 2010-RSAT-61 Section #1 Page 1 of 2 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: Tennyson-Lisa@monroecounty-fl.gov Application Ref # 2010-RSAT-61 Section #1 Page 2 of 2 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 9/1/2010 End Date: 8/31/2011 Problem Identification South Florida, inclusive of Monroe County, is a mecca for illicit drug use, and has a much higher than national drug abuse prevalence. South Florida is a designated "high density drug trafficking area" and a leading cocaine importation center. According to the The Florida Department of Children and Families in 2007 there were an estimated 1,153,325 adults in the state with substance abuse problems. Statistics from the Monroe County Sheriffs Office indicate that for the calendar year of 2009 there were 1,232 drug and alcohol -related arrests in the Keys (almost half of these violators had prior DUls.) The Monroe County Detention Center has reported that 80% of those arrested in this county have substance abuse problems. The Keys are a critical area due to the high percentage of persons with substance abuse and mental health disorders, lack of affordable housing, high cost of living, and high homeless rates. There is one key issue that defines the problem and need in our community. There are not enough substance abuse treatment services in Monroe County to handle the demand. The RSAT program at the County Jail is one of only two substance abuse treatment programs in the Keys and the only program in the County to serve incarcerated adults. The other program, Keys To Recovery, has only 12 treatment beds (for a total of 24 persons annually) for the general population. The RSAT program provides drug treatment as well as a host of support services such as vocational training, anger management, financial education, mentoring, counseling and parenting classes. This past year, we were able to add an employment readiness component. The program is valued highly by the local Drug Court Judges and the Monroe County Sheriffs Office. This RSAT grant provides funding for 60% of the program costs. In past years, the Sheriffs Office provided the other 40%. However, due to budget constraints, the Sheriffs Office can no longer provide financial support to the program. The balance of the funding is mottled together using a combination of different funding sources. The financial situation for the program is therefore precarious. Should any additional funding come available through RSAT, we ask that FDLE consider adding additional funds to support this valuable program. The County's RSAT program provides services to approximately 150 offenders each year, has developed excellent relationships with the local Drug Court, mental health providers, and social service providers in the community, and has proven to be effective. The recidivism rate for the general population at the Monroe County Detention Center is approximately 70% re -incarceration within a year. The recidivism rate for RSAT program participants is 27%. Application Ref # 2010-RSAT-61 Section #2 Page 1 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Project Summary The Jail Incarceration Program is a substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has provided substance abuse treatment for approximately 1,300 inmates with an overall recidivism rate of twenty-seven percent compared to seventy percent for the general population. It provides administrative and case management services as mandated by Florida Administrative Code 10-E16. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in H-Dorm, which has 54 beds. Most clients are court ordered by the Drug Court judges in Monroe County. The rest are volunteers who meet criteria for drug/alcohol treatment and will be in the county jail a minimum of 182 days. The program has established a positive reputation, working closely with judges, prosecutors and lawyers. DCF audits for the past three years of have reported that this program meets or exceeds Best Practice standards with 100% compliance. The CARF (Commission on Accreditation of Rehabilitative Facilities) accreditation process was completed this past year. The process has strengthened assessment and treatment. CARF` accredition for criminal justice programs is more rigorous than for out -patient settings. Monroe County's RSAT program exceeded all CARF standards and recieved an Exemplary standard for the relationships between correctional staff and treatment/clinical staff. All participants have individualized, client -centered treatment plans that are reviewed monthly and adjusted as needed. Continuing to prove helpful in assessment is the Prochaska and Di Clemente stages of change, implemented last year; as well as the URICA, the Beck Depression Scale, and the Rosenberg Self Esteem inventory; treatment plans are written accordingly. An equity of access policy continues to make admission policies welcoming to individuals with co-occurring disorders, learning disabilities, illiteracy, and Spanish speaking inmates. This allows access for all who might otherwise be denied. (There are two bi-lingual counselors to serve the Hispanic population.) For co-occurring clients, a Mental Health Status Assessment identifies impairments in functioning. They are referred to a mental health counselor and the Prison Health Services Psychiatrist, and participate in WRAP Class (Wellness and Recovery Action Plan), a structured system for monitoring and reducing distressing symptoms through planned responses. Treatment is a minimum of six months, with the possibility of lasting one year. Aftercare is six months and is provided throughout the Florida Keys by the Guidance Care Center. Aftercare is given priority, and is not funded by RSAT. A support letter from the Guidance Care Center is attached. Random drug testing (urine analysis) is conducted weekly by the staff and positive tests result in 30 days in lock -up and a return to court. Tests used are the MEDTOX 5 panel testing for Amphetamine, benzos, cocaine, opiates, and THC. The program also has a relationship with the local drug court to run tests on their machine if it is questionable. The program staff has a strong background in substance abuse counseling and mental health with appropriate certification. The program staff consists of 1 PT program Application Ref # 2010-RSAT-61 Section #2 Page 2 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment director, 1 FT counselor, and a PT counselor. JoAnn Brancel, Project Director, has a BA is Social Work/Criminology and is a Certified Mental Health Professional. The program director oversees the counselors and ensures data collection on all inmates who have completed probation and checks for any new arrests within the year after completion. With the goal of having each RSAT participant attain self-sufficiency, the program includes both substance abuse treatment and support services: MORAL RECONATION THERAPY (MRT)- Evidence -based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. DRUG EDUCATION - Inmates learn and explore chemical dependency and how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class which helps inmates identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high -risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Clients learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. STEP GROUP - The core ideas of the first three steps of Alcoholics Anonymous and Narcotics Anonymous. COMMUNICATION SKILLS - Based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS - Assessment of basic needs for education, job searches, resume writing, addressing a felony in an interview, completing employment applications, and basic budgeting. RELATIONSHIP GROUP SKILLS - This is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, post -traumatic stress disorder, and ambivalence. ANGER MANAGEMENT - An optional class about the responsibility for choices when angry. Application Ref # 2010-RSAT-61 Section #2 Page 3 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment INDIVIDUAL COUNSELING - At intake all inmates are assigned a Primary Counselor, who follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. The inmate's individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy and is a liaison for release plans, including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. COMMUNITY SERVICE - The detention center continues to operate a farm and petting zoo that JIP clients help maintain. Another service to the community is their participation in the Department of Juvenile Justice (DJJ) Jail Tour. JIP inmates tell their stories to juveniles recently brought into the system in hopes of preventing these young adults from following the same path they have. SOCIALIZATION- A Hazelden program using Cognitive behavioral treatment to identify thought processes that keep addicts stuck in destructive behavior. CHARACTER CONFLICTS IN RECOVERY- Using the pamphlets from Hazelden including King Baby and Barriers against Recovery this class explores the character conflicts that return addicts to using. The program's objectives and outcomes include: The number of inmates expected to complete the program is 100. 70% of the inmates served will complete an aftercare program. 97% of the inmates served in the program will remain drug free while participating. 70% of the inmates in the aftercare program will not test positive for drugs/alcohol. 75% of the inmates will not violate probation during aftercare. 70% of the inmates served will not return to jail during the first year after release. Application Ref # 2010-RSAT-61 Section #2 Page 4 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2010-RSAT-61 Section #3 Page 1 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity: Target Group: Geographic Area Location Type: Address(es) : Activity Description Educational Programs Adult Males State of Florida Jail Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2010-RSAT-61 Section #3 Page 2 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Application Ref # 2010-RSAT-61 Section #3 Page 3 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2010-RSAT-61 Section #3 Page 4 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Addresses) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2010-RSAT-61 -RSAT-MOLAR- - - Section #3 Page 5 of 1 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Addresses): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Females Geographic Area: State of Florida Location Type: Administration Objectives and Measures Objective: 1A - To report contractor and/or employed salary amounts prorated to include time spent in RSAT. Measure: Part 1 Report contractor and/or employed salary amounts prorated to include time spent in RSAT during the grant period. Goal: 65,590 Application Ref # 2010-RSAT-61 Section #3 Page 6 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 1 B - To report cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.) Measure: Part 1 Report the cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.). Goal: 1077 Objective: 1 C - To report number of participants enrolled in the program (including drop -outs, terminations or removals). Measure: Part 1 Report the number of participants enrolled in the program (including drop -outs, terminations or removals) during the grant period. Goal: 150 Objective: 2A - To report number of days between program entry and exit for those completing the RSAT program during the reporting period. Measure: Part 1 How many days will there be between program entry and exit for those completing the RSAT program during the grant period? Goal: A mininum of 182 days or more, up to one year. Objective: 2B - To report number of offenders to successfully complete the residential program during the reporting period. Measure: Part 1 How many participants will successfully complete the residential program during the grant period? Goal: 97 Objective: 3A - To report number of RSAT participants at end of reporting period. Measure: Part 1 Report the number of RSAT participants at end of each reporting period. Goal: 50 Objective: 3B - To report number of RSAT participants at beginning of reporting period. Measure: Part 1 To report the number of RSAT participants at beginning of each reporting period. Goal: 50 Application Ref # 2010-RSAT-61 Section #3 Page 7 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 4A - To report number of RSAT participants who completed the program and passed drug testing. Measure: Part 1 Report the total number of RSAT participants who completed the program and passed drug testing during the grant period. Goal: Approximately 97%, or 97 program participants. Objective: 4B - To report number of RSAT participants who completed the program and passed drug testing during the reporting period. Measure: Part 1 Report the number of RSAT participants who completed the program and passed drug testing during each reporting period. Goal: 25 Objective: 5A - To report the number of RSAT participants. Measure: Part 1 Report the number of RSAT participants during grant period. Goal: 100 Objective: 5B - To report the number of residential program participants. Measure: Part 1 Report the number of residential program participants. Goal: 100 Objective: 6A - To report the total number of RSAT beds created as a result of the current award. Measure: Part 1 Report the total number of RSAT beds created as a result of the current award. Goal: 54 Objective: 6B - To report the total number of RSAT beds. Measure: Part 1 Report the total number of RSAT beds available. Goal: 54 Objective: 7A - To report number of beds funded with non-RSAT funds. Measure: Part 1 Report number of beds funded with non-RSAT funds. Application Ref # 2010-RSAT-61 Section #3 Page 8 of 10 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Goal: 0 Objective: 7B - To report total number of beds in facility. Measure: Part 1 Report total number of beds in facility. Goal: 500 Objective: 8A - To report total number of residential service days. Measure: Part 1 Report the total number of residential service days. Goal: Monday through Friday, all year long, exclusive of 9 holidays. Objective: 8B - To report number of offenders to receive residential service (RSAT and non- RSAT). Measure: Part 1 Report number of individuals to receive residential service (RSAT and non-RSAT). Goal: 100 RSAT participants; no non-RSAT participants. Objective: 9A - To report the number of RSAT completions that remained drug -free during the residential program. Measure: Part 1 Report the number of RSAT completions that remained drug -free during the residential program. Goal: 97 Objective: 9B - To report the number of residential program completions who remained drug free. Measure: Part 1 Report the number of residential program completions who remained drug free. Goal: 73 Application Ref # 2010-RSAT-61 Section #3 Page 9 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: What is the total number of beds (treatment and non -treatment) in the facility? Answer: 554 Question: How many non RSAT-funded treatment beds are in this facility? Answer: 0 Question: How many RSAT-funded treatment beds are in this facility? Answer: 54 Question: How is aftercare treatment provided? Answer: Aftercare treatment is provided by the Guidance Care Center, for those that stay in the community. Question: What is the anticipated number of RSAT program completions during each quarterly reporting period? Answer: 25 Question: What goals do you plan to accomplish during the subgrant period? Answer: Provide drug treatment services and treatment for 100 incarcerated males with a client -centered approach in order to reduce recividism, and improve their quality of life, in Monroe County. Application Ref # 2010-RSAT-61 Section #3 Page 10 of 10 Contract -RSAT-MONR- - - /ii►"I WA ►l a !■ Care Center ■ A For Mental Health hh`miid May 12, 2010 RSAT Larry Prescott,N1S,CAP,t.MHC Guidance care Center Key West 1205 4`h Street Key IvVest, Florida 33040 1205 Fourth Street Key West, Florida 33040 305-292-6843 MENNEN FAX: 305-292-6723 SUNCOR 464-6843 MOON Re: Monroe County Jail Inpatient Program — Key West, Florida �gC�gIIC�I}�� MAY 2 8 2010 1� BY:.....zA. b....... The Guidance Care Center continues to make aftercare substance abuse services available and accessible to all graduates of the RSAT grant program. These services are provided by certified substance abuse staff and supervised by a team of licensed professionals. Inmates are assisted prior to release for enrollment into aftercare to avoid disruption to their treatment and to help reintegrate the inmate back into the community. Psychiatric and case management services are also provided as needed. It continues to be our pleasure to partner in this very worthwhile community service. 41arry nk you for ur support of our community, h' Y rescott,NIS,CAP,LNI C Guidance Care Center Key West Director FLORIDA DEPARTMENT OF CHILDREN & FAMILIES Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $16,667.00 $66,667.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 $66,667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-RSAT-61 Section #4 Page 1 of 3 Contract -RSAT-MONK- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Total Budget: Contractual Services $66,667.00 Budget Sub -Category: Salaries and Benefits: Substance Abuse Counselor, approx. 1.85 FTE _ $58,152 FICA @ 7.65% _ $4,448 Health Insurance@ 249.24/month = $2,990 Sub -total Salaries and Benefits: $65,590 Budget Sub -Category: Supplies: Med-tox drug tests: $500 Paper, pens, other materials: $577 Sub -total Salaries: $1,077 Application Ref # 2010-RSAT-61 Section #4 Page 2 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: Identify specific sources of matching funds. Answer: Matching funds will come from the Monroe County Fine and Forfeiture Fund. Question: Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Answer: 1000 Question: Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Answer: Indirect costs are not included. Question: If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Answer: Services will be provided by the Guidance Care Center pursuant to a contract with Monroe County; a copy will be provided. Question: If salaries and benefits are included in the budget, is there a net increase in personnel? Answer: No Question: Will the project earn Program Generated Income? Answer: No Question: Will the applicant be requesting an advance of federal funds? Answer: No Application Ref # 2010-RSAT-61 Section #4 Page 3 of 3 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2010-RSAT-61 Section #5 Page 1 of Contract -RSAT-MONR- - - 15' Florida Department of Law Enforcement Residential Substance Abuse Treatment Program funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-87, A-110 or A-102, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. OCJG approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMB's Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. OMB's Common Rule for State and Local Governments, or OMB Circular No. A-110 orA-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority that chief officer or elected official must submit a letter or resolution indicating the staff person given signature authority to the OCJG. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes In the event of a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out -of -grant -specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. Section 5 Page 2 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Subgrantees must provide written requests signed by the Chief Official, of any significant changes to the subgrant. OCGJ approval of any grant amendment request must be received prior to the incorporation of said amendment. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement, Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, A. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. B. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. Procedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre -audit and post -audit. 12. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a written request to the Department justifying the need for such funds. 13. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only Section 5 Page 3 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program by execution of a formal written amendment to this agreement. 14. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrantee and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 15. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The Department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 17. Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. 18. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be Section 5 Page 4 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. 20. Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. The Department reserves the right to unilaterally terminate this agreement if the recipient, Implementing Agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB's CircularA-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed -through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any Section 5 Page 5 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMB CircularA-110 orA-102, as applicable. 23. Property Accountability The recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, F.A.C. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT-BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this Section 5 Page 6 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice." 27. Equal Employment Opportunity (EEO) A. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). B. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.o7p.usdoi.gov/about/ocr/eeop comply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. C. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. D. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. E. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. F. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug -Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification Section 5 Page 7 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government - wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug - Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. A. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; 3. The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. B. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 1. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 1. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Section 5 Page 8 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 1. The applicant certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an on -going drug -free awareness program to inform employees about 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). Section 5 Page 9 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: D. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. E. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. F. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement", and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 Section 5 Page 10 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American -Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American -made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36. Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq.) A. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. Section 5 Page 11 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program B. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. C. National Historic Preservation Act The subgrantee will assist the FDLE in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the FDLE of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 37. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. 39. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 40. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 41. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section Section 5 Page 12 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 42. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www,lep.gov. 43. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.omp.gov/about/ocr/equal fbo.htm. 44. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. Section 5 Page 13 Revised July 22, 2009 md- I 3 LI Q .11 10 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (b) Have not within a three-year period preceding this application 1. LOBBYING been convicted of or had a civil Judgement rendered against them for commission of fraud or a criminal offense in connection with As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, 3. DRUG -FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall certify and disclose accordingly. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined 2. DEBARMENT, SUSPENSION, AND OTHER at 28 CFR Part 67 Sections 67.615 and 67.620- RESPONSIBILITY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug - free workplace by: As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 28 CFR Part 67, Section 67.510 - manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and A. The applicant certifies that it and its principals: specifying the actions that will be taken against employees for violation of such prohibition; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on -going drug -free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about - agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE RSA Grant Application Package Lobbying, Debarrnen4 Suspension, and Drug -Free Workplace Certiffcation Page t CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program (c) Making it a requirement that each employee to be engaged in the performan of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after the conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) As the duly authorized representative of the applicant, I hereby certifications. Check here _ If there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 406117, Check here _ If the State has elected to complete OJP Form 406117. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify that 1 will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531, that the applicant will comply with the above 1. Grantee Name and Address: Monroe County BOCC, 1100 Simonton Street, Key West, Fl 33040 2. Project Name: RSAT— Jail Incarceration Program 3. Typed Name and Title of Authorize Re)yesentative: Sylvia Murphy, Mayor is ension, and Drug- ree Worirplace Certification Page 2 r- M I 7 _ I. J ii1 � 11 L i J _ �IJ � Jeri i r r - � r r r x t BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15 2010 Bulk Item: Yes ® No ❑ Division: OMB Department: Grants Administration Staff Person: Lisa Tennyson AGENDA ITEM WORDING: Authorization for the Mayor to execute a contract with the Guidance Care Center for the Monroe County Jail Incarceration Program using funds provided under the FDLE Residential Substance Abuse Treatment Grant for the period from Sept 1 2010 through Aug 31 2011 ITEM BACKGROUND: Seventy-five percent funding is provided by the Florida Dept of Law Enforcement under the Residential Substance Abuse Treatment Grant Program for inmates in correctional institutions with six to twelve months remaining on their sentences. PREVIOUS RELEVANT BOCC ACTION: Approval to apply for grant funds given at June 2010 meeting. Contract with Florida Dept of Law Enforcement also being considered at this meeting. CONTRACT/AGREEMENT CHANGES: Changes to dates only. STAFF RECOMMENDATION: Approval TOTAL COST: $66,667.00 BUDGETED: Yes ® No ❑ COST TO COUNTY: $16,667.00 SOURCE OF FUNDS: fine and forfeiture fund/ad valorem taxes REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH YEAR APPROVED BY: COUNTY ATTYM 4/—RCHASING ❑ RISK MANAGEMENT �- DOCUMENTATION: INCLUDED: ® TO FOLLOW: ❑ NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Guidance Care Center Effective Date: 09/01/10 Expiration Date: 08/31/11 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Residential Substance Abuse Treatment Program, services provided by the Care Center for Mental Health. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 09/15/10 4444 OMB/Grants Mgt. (Ext.) (Department) Agenda Deadline: 08/31/10 CONTRACT COSTS Total Dollar Value of Contract: $66,667.00 Current Year Portion: $5,556.00 Budgeted? Yes X No Account Codes: 125-06019-530490-GG1009-XXXXXX Grant: $66,667.00 County Match: $16,667.00 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out n Needed `` Re i we Division Director Yes❑ No �fo Risk Manag ment`�� Yes❑ No�-E O.M..M. B./Pure sing t0 Yes❑ No � � ,� Z ' �� !✓ County Attorney Yes❑ No����� �� (V �Gf�C'1�'f�t9 Comments: uric rurm Kevisea y/tt/y5 jvIC,F -;F1 RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 15th day of September, 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and the Guidance Care Center, hereinafter referred to as "AGENCY." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub - grant of Residential Substance Abuse Treatment Funds to the COUNTY to implement a program that provides residential substance abuse treatment services to offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Residential Substance Abuse Treatment Funds to the AGENCY in accordance with the COUNTY'S application for the Residential Substance Abuse Treatment Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from September 1, 2010 through August 31, 2011, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services as outlined in the COUNTY'S Residential Substance Abuse Treatment Sub -grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $66,667.00. The total sum represents federal grant/state sub -grant support in the amount of $50,000.00 and local matching funds in the amount of $16,667.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub -grant Award Certificate and Application" and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). 5. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Residential Substance Abuse Treatment Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program. 6. BILLING AND PAYMENT (a) The AGENCY shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Jamie Pipher 1100 Simonton Street Guidance Clinic/Care Center Key West, FL 33040 1205 Fourth Street Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. EMPLOYEE STATUS — The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA in Mayor/Chairman Guidance Care Center By: t Title: MONROE COUNTY ATTORNEY Pf ROV-D AS TO FORM: '-CHRISTINE M. LEMBERT-BARROWS ASSISTA 'T O'OUN T Y ATTORNEY Date __/ } 1 / (i ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $ X.XXX XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X.XXX XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 20 by who is personally known to me. Notary Public Notary Stamp PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or 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." SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 20 NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 PT c FILE Florida Department of Office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Commissioner of Agriculture Commissioner www.fdle.state.fl.us JUL 3 0 2010 The Honorable Sylvia Murphy Mayor Monroe County Board of Commissioners 102050 Overseas Highway Key Largo, FL 33037 Re: Contract No. 2011-RSAT-MONR-1-A9-004 Dear Mayor Murphy: 11i( J `q /Q1(1 (.% to es The Florida Department of Law Enforcement is pleased to award a Residential Substance Abuse Treatment for State Prisoners grant in the amount of $ 50,000.00 to your unit of government. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable Sylvia Murphy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Martha McWilliams at 850/617-1250. Sincerely, UC �. N. • UlJl�tt� Clayto H. Wilder Administrator CHW/MKM/sa Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2011-RSAT-MONR-1-A9-004, in the amount of $ 50,000.00, for a project entitled, MONROE COUNTY JAIL INCARCERATION PROGRAM, for the period of 09/01/2010 through 08/31/2011, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of Law Enforcement's Conditions of Agreement and any special conditions governing this subgrant. Signature of Subgrantee's Authorized Official Sylvia Murphy, Mayor Fyped Name and Title of Official September 15, 2010 Date of Acceptance State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: % - a01 ` 10 Grant Period: From: 09/01/2010 TO: 08/31/2011 Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Grant Number: 2011-RSAT-MONR-1-A9-004 Federal Funds: $ 50,000.00 Agency Match: $ 16,667.00 Total Project Cost: $ 66,667.00 Program Area: 0001 : Residential Substance Abuse Treatment CFDA #: 16.593 Award is hereby made in the amount and for the period shown above of a grant under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, P.L 103-322, as amended, to the above mentioned subgrantee and subject to any attached standards or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 103-322, as amended. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance/ Request for Payment is returned to the department. L L] t Authorized facial Clayton H. ilder Administrator `7 _JA_ 10 Date ( This award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S)/GENERAL COMMENT(S) Grantee: Office of Criminal Justice Grants Grant Number: 2011-RSAT-MONR-1-A9-004 Grant Title: MONROE COUNTY JAIL INCARCERATION PROGRAM In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Conditions)/General Comment(s): Ref# S15649: Prior to drawdown of federal funds for Contractual Services, a copy of the boilerplate agreement must be submitted to the Office of Criminal Justice Grants. Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-clerk.com Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- - - Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: Tennyson-Lisa@monroecounty-fl.gov Application Ref # Contract 2010-RSAT-61 -RSAT-MONK- - - Section #1 Page 2 of Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Subgrant Recipient: Implementing Agency: Project Start Date: Problem Identification Monroe County Board of Commissioners Monroe County Board of Commissioners 9/1/2010 End Date: 8/31/2011 South Florida, inclusive of Monroe County, is a mecca for illicit drug use, and has a much higher than national drug abuse prevalence. South Florida is a designated "high density drug trafficking area" and a leading cocaine importation center. According to the The Florida Department of Children and Families in 2007 there were an estimated 1,153,325 adults in the state with substance abuse problems. Statistics from the Monroe County Sheriffs Office indicate that for the calendar year of 2009 there were 1,232 drug and alcohol -related arrests in the Keys (almost half of these violators had prior DUls.) The Monroe County Detention Center has reported that 80% of those arrested in this county have substance abuse problems. The Keys are a critical area due to the high percentage of persons with substance abuse and mental health disorders, lack of affordable housing, high cost of living, and high homeless rates. There is one key issue that defines the problem and need in our community. There are not enough substance abuse treatment services in Monroe County to handle the demand. The RSAT program at the County Jail is one of only two substance abuse treatment programs in the Keys and the only program in the County to serve incarcerated adults. The other program, Keys To Recovery, has only 12 treatment beds (for a total of 24 persons annually) for the general population. The RSAT program provides drug treatment as well as a host of support services such as vocational training, anger management, financial education, mentoring, counseling and parenting classes. This past year, we were able to add an employment readiness component. The program is valued highly by the local Drug Court Judges and the Monroe County Sheriffs Office. This RSAT grant provides funding for 60% of the program costs. In past years, the Sheriffs Office provided the other 40%. However, due to budget constraints, the Sheriffs Office can no longer provide financial support to the program. The balance of the funding is mottled together using a combination of different funding sources. The financial situation for the program is therefore precarious. Should any additional funding come available through RSAT, we ask that FDLE consider adding additional funds to support this valuable program. The County's RSAT program provides services to approximately 150 offenders each year, has developed excellent relationships with the local Drug Court, mental health providers, and social service providers in the community, and has proven to be effective. The recidivism rate for the general population at the Monroe County Detention Center is approximately 70% re -incarceration within a year. The recidivism rate for RSAT program participants is 27%. �Ppl' CLRJI I r\ci tt LUl U4<bA I -b1 Section #2 Page 1 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Project Summary The Jail Incarceration Program is a substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has provided substance abuse treatment for approximately 1,300 inmates with an overall recidivism rate of twenty-seven percent compared to seventy percent for the general population. It provides administrative and case management services as mandated by Florida Administrative Code 10-E16. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in H-Dorm, which has 54 beds. Most clients are court ordered by the Drug Court judges in Monroe County. The rest are volunteers who meet criteria for drug/alcohol treatment and will be in the county jail a minimum of 182 days. The program has established a positive reputation, working closely with judges, prosecutors and lawyers. DCF audits for the past three years of have reported that this program meets or exceeds Best Practice standards with 100% compliance. The CARF (Commission on Accreditation of Rehabilitative Facilities) accreditation process was completed this past year. The process has strengthened assessment and treatment. CAW accredition for criminal justice programs is more rigorous than for out -patient settings. Monroe County's RSAT program exceeded all CARF standards and recieved an Exemplary standard for the relationships between correctional staff and treatment/clinical staff. All participants have individualized, client -centered treatment plans that are reviewed monthly and adjusted as needed. Continuing to prove helpful in assessment is the Prochaska and Di Clemente stages of change, implemented last year; as well as the URICA, the Beck Depression Scale, and the Rosenberg Self Esteem inventory; treatment plans are written accordingly. An equity of access policy continues to make admission policies welcoming to individuals with co-occurring disorders, learning disabilities, illiteracy, and Spanish speaking inmates. This allows access for all who might otherwise be denied. (There are two bi-lingual counselors to serve the Hispanic population.) For co-occurring clients, a Mental Health Status Assessment identifies impairments in functioning. They are referred to a mental health counselor and the Prison Health Services Psychiatrist, and participate in WRAP Class (Wellness and Recovery Action Plan), a structured system for monitoring and reducing distressing symptoms through planned responses. Treatment is a minimum of six months, with the possibility of lasting one year. Aftercare is six months and is provided throughout the Florida Keys by the Guidance Care Center. Aftercare is given priority, and is not funded by RSAT. A support letter from the Guidance Care Center is attached. Random drug testing (urine analysis) is conducted weekly by the staff and positive tests result in 30 days in lock -up and a return to court. Tests used are the MEDTOX 5 panel testing for Amphetamine, benzos, cocaine, opiates, and THC. The program also has a relationship with the local drug court to run tests on their machine if it is questionable. The program staff has a strong background in substance abuse counseling and mental health with appropriate certification. The program staff consists of 1 PT program Application Ref # 2010-RSAT-61 Section #2 Page 2 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment director, 1 FT counselor, and a PT counselor. JoAnn Brancel, Project Director, has a BA is Social Work/Criminology and is a Certified Mental Health Professional. The program director oversees the counselors and ensures data collection on all inmates who have completed probation and checks for any new arrests within the year after completion. With the goal of having each RSAT participant attain self-sufficiency, the program includes both substance abuse treatment and support services: MORAL RECONATION THERAPY (MRT)- Evidence -based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. DRUG EDUCATION - Inmates learn and explore chemical dependency and how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class which helps inmates identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high -risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Clients learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. STEP GROUP - The core ideas of the first three steps of Alcoholics Anonymous and Narcotics Anonymous. COMMUNICATION SKILLS - Based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS - Assessment of basic needs for education, job searches, resume writing, addressing a felony in an interview, completing employment applications, and basic budgeting. RELATIONSHIP GROUP SKILLS - This is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, post -traumatic stress disorder, and ambivalence. ANGER MANAGEMENT - An optional class about the responsibility for choices when angry. yplluduvn Me[ * :NW-R5AT-61 Section #2 Page 3 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment INDIVIDUAL COUNSELING - At intake all inmates are assigned a Primary Counselor, who follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. The inmate's individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy and is a liaison for release plans, including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. COMMUNITY SERVICE - The detention center continues to operate a farm and petting zoo that JIP clients help maintain. Another service to the community is their participation in the Department of Juvenile Justice (DJJ) Jail Tour. JIP inmates tell their stories to juveniles recently brought into the system in hopes of preventing these young adults from following the same path they have. SOCIALIZATION- A Hazelden program using Cognitive behavioral treatment to identify thought processes that keep addicts stuck in destructive behavior. CHARACTER CONFLICTS IN RECOVERY- Using the pamphlets from Hazelden including King Baby and Barriers against Recovery this class explores the character conflicts that return addicts to using. The program's objectives and outcomes include: The number of inmates expected to complete the program is 100. 70% of the inmates served will complete an aftercare program. 97% of the inmates served in the program will remain drug free while participating. 70% of the inmates in the aftercare program will not test positive for drugs/alcohol. 75% of the inmates will not violate probation during aftercare. 70% of the inmates served will not return to jail during the first year after release. Application Ref # 2010-RSAT-61 Section #2 Page 4 of 4 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity: Target Group: Geographic Area Location Type: Address(es) : Activity Description Aftercare Services Adult Males State of Florida Jail Application Ref # 2010-RSAT-61 Section #3 Page 1 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2010-RSAT-61 Section #3 Page 2 of 10 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Application Ref # 2010-RSAT-61 Section #3 Page 3 of 10 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : yp ication rcet ;; 2010-RSAT-61 Section #3 Page 4 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity: Target Group: Geographic Area Location Type: Address(es) : Activity Description Parenting Training Adult Males State of Florida Jail Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2010-RSAT-61 -RSAT-MOLAR- - - Section #3 Page 5 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Females Geographic Area: State of Florida Location Type: Administration Objectives and Measures Objective: 1A - To report contractor and/or employed salary amounts prorated to include time spent in RSAT. Measure: Part 1 Report contractor and/or employed salary amounts prorated to include time spent in RSAT during the grant period. Goal: 65,590 Application Ref # 2010-RSAT-61 Section #3 Page 6 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 1 B - To report cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.) Measure: Part 1 Report the cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.). Goal: 1077 Objective: 1 C - To report number of participants enrolled in the program (including drop -outs, terminations or removals). Measure: Part 1 Report the number of participants enrolled in the program (including drop -outs, terminations or removals) during the grant period. Goal: 150 Objective: 2A - To report number of days between program entry and exit for those completing the RSAT program during the reporting period. Measure: Part 1 How many days will there be between program entry and exit for those completing the RSAT program during the grant period? Goal: A mininum of 182 days or more, up to one year. Objective: 2B - To report number of offenders to successfully complete the residential program during the reporting period. Measure: Part 1 How many participants will successfully complete the residential program during the grant period? Goal: 97 Objective: 3A - To report number of RSAT participants at end of reporting period. Measure: Part 1 Report the number of RSAT participants at end of each reporting period. Goal: 50 Objective: 3B - To report number of RSAT participants at beginning of reporting period. Measure: Part 1 To report the number of RSAT participants at beginning of each reporting period. Goal: 50 Application Ref # 2010-RSAT-61 Section #3 Page 7 of 10 Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 4A - To report number of RSAT participants who completed the program and passed drug testing. Measure: Part 1 Report the total number of RSAT participants who completed the program and passed drug testing during the grant period. Goal: Approximately 97%, or 97 program participants. Objective: 4B - To report number of RSAT participants who completed the program and passed drug testing during the reporting period. Measure: Part 1 Report the number of RSAT participants who completed the program and passed drug testing during each reporting period. Goal: 25 Objective: 5A - To report the number of RSAT participants. Measure: Part 1 Report the number of RSAT participants during grant period. Goal: 100 Objective: 5B - To report the number of residential program participants. Measure: Part 1 Report the number of residential program participants. Goal: 100 Objective: 6A - To report the total number of RSAT beds created as a result of the current award. Measure: Part 1 Report the total number of RSAT beds created as a result of the current award. Goal: 54 Objective: 6B - To report the total number of RSAT beds. Measure: Part 1 Report the total number of RSAT beds available. Goal: 54 Objective: 7A - To report number of beds funded with non-RSAT funds. Measure: Part 1 Report number of beds funded with non-RSAT funds. Application Ref # 2010-RSAT-61 Section #3 Page 8 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Goal: 0 Objective: 7B - To report total number of beds in facility. Measure: Part 1 Report total number of beds in facility. Goal: 500 Objective: 8A - To report total number of residential service days. Measure: Part 1 Report the total number of residential service days. Goal: Monday through Friday, all year long, exclusive of 9 holidays. Objective: 8B - To report number of offenders to receive residential service (RSAT and non- RSAT). Measure: Part 1 Report number of individuals to receive residential service (RSAT and non-RSAT). Goal: 100 RSAT participants; no non-RSAT participants. Objective: 9A - To report the number of RSAT completions that remained drug -free during the residential program. Measure: Part 1 Report the number of RSAT completions that remained drug -free during the residential program. Goal: 97 Objective: 9B - To report the number of residential program completions who remained drug free. Measure: Part 1 Report the number of residential program completions who remained drug free. Goal: 73 Application Ref # 2010-RSAT-61 Section #3 Page 9 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: What is the total number of beds (treatment and non -treatment) in the facility? Answer: 554 Question: How many non RSAT-funded treatment beds are in this facility? Answer: 0 Question: How many RSAT-funded treatment beds are in this facility? Answer: 54 Question: How is aftercare treatment provided? Answer: Aftercare treatment is provided by the Guidance Care Center, for those that stay in the community. Question: What is the anticipated number of RSAT program completions during each quarterly reporting period? Answer: 25 Question: What goals do you plan to accomplish during the subgrant period? Answer: Provide drug treatment services and treatment for 100 incarcerated males with a client -centered approach in order to reduce recividism, and improve their quality of life, in Monroe County. Application Ref # 2010-RSAT-61 Section #3 Page 10 of 1 Contract -RSAT-MONR- - - ./in: I ■ a '■ Care Center ■ ' 1 ■ For Mental Health bb �=4 May 12, 2010 RSAT Larry Prescott,RIS,CAP,LNIHC Guidance care Center Key West 1205 4th Street Key West, Florida 33040 1205 Fourth Street Key West, Florida 33040 305-292-6843 N■■■■I FAX:305-292-6723 SUNCOM:464-6843 ■■■ Re: Monroe County Jail Inpatient Program — Key West, Florida MAY 2 8 2010 O BY =0 The Guidance Care Center continues to make aftercare substance abuse services available and accessible to all graduates of the RSAT grant program. These services are provided by certified substance abuse staff and supervised by a team of licensed professionals. Inmates are assisted prior to release for enrollment into aftercare to avoid disruption to their treatment and to help reintegrate the inmate back into the community. Psychiatric and case management services are also provided as needed. It continues to be our pleasure to partner in this very worthwhile community service. Thank you for ur support of our community, ,arry rescott,�'�1S,CAP,LNI11C Guidance Care Center Key West Director FE061DA DEPARTMENT OF M CHILDREN Jr. GAAA11 IF< Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $16,667.00 $66,667.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 $66, 667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-RSAT-61 Section #4 Page 1 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Total Budget: Contractual Services $66,667.00 Budget Sub -Category: Salaries and Benefits: Substance Abuse Counselor, approx. 1.85 FTE _ $58,152 FICA @ 7.65% _ $4,448 Health Insurance@ 249.24/month = $2,990 Sub -total Salaries and Benefits: $65,590 Budget Sub -Category: Supplies: Med-tox drug tests: $500 Paper, pens, other materials: $577 Sub -total Salaries: $1,077 Application Ref # 2010-RSAT-61 Section #4 Page 2 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: Identify specific sources of matching funds. Answer: Matching funds will come from the Monroe County Fine and Forfeiture Fund. Question: Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Answer: 1000 Question: Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Answer: Indirect costs are not included. Question: If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Answer: Services will be provided by the Guidance Care Center pursuant to a contract with Monroe County; a copy will be provided. Question: If salaries and benefits are included in the budget, is there a net increase in personnel? Answer: No Question: Will the project earn Program Generated Income? Answer: No Question: Will the applicant be requesting an advance of federal funds? Answer: No Application Ref # 2010-RSAT-61 Section #4 Page 3 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2010-RSAT-61 Section #5 Page 1 of 1 Contract -RSAT-MONR- - - l�f��;:�?:;v, 't> �'':_�li�i�,i�"L: ,yCFf�iiai��a��.._ .K..��._K.-�.�-�.� __� ---- �-------.._=w....�-.,.,,,:� — —� --� �. -- ---ti- r - --��.�.��.�.,...._.._-� ---- - _ ��,, Florida Department of Law Enforcement Residential Substance Abuse Treatment Program funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-87, A-110 or A-102, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. OCJG approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles ofAllowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMB's Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. OMB's Common Rule for State and Local Governments, or OMB Circular No. A-110 or A-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority that chief officer or elected official must submit a letter or resolution indicating the staff person given signature authority to the OCJG. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes In the event of a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out -of -grant -specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. Section 5 Page 2 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Subgrantees must provide written requests signed by the Chief Official, of any significant changes to the subgrant. OCGJ approval of any grant amendment request must be received prior to the incorporation of said amendment. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement, Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, A. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. B. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. Procedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre -audit and post -audit. 12. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a written request to the Department justifying the need for such funds. 13. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay isjustified or shall, at its discretion, unilaterally terminate this agreement and re -obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only Section 5 Page 3 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program by execution of a formal written amendment to this agreement. 14. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrantee and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 15. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The Department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 17. Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. 18. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be Section 5 Page 4 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. 20. Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. The Department reserves the right to unilaterally terminate this agreement if the recipient, Implementing Agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB's CircularA-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed -through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any Section 5 Page 5 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMB Circular A- 110 orA-102, as applicable. 23. Property Accountability The recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, F.A.C. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT-BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this Section 5 Page 6 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice." 27. Equal Employment Opportunity (EEO) A. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). B. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.oip.usdoi.aov/about/ocr/eeop comply htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. C. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. D. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. E. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. F. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug -Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification Section 5 Page 7 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government - wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug - Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. A. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; 3. The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. B. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 1. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 1. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Section 5 Page 8 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 1. The applicant certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an on -going drug -free awareness program to inform employees about 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (0, Section 5 Page 9 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: D. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. E. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. F. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement', and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 Section 5 Page 10 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American -Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American -made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36. Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq.) A. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. Section 5 Page 11 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program B. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. C. National Historic Preservation Act The subgrantee will assist the FDLE in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the FDLE of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 37. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. 39. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 40. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title 111), and telecommunications (Title IV). 41. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section Section 5 Page 12 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 42. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. 43. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.o'p.gov/about/ocr/equal fbo.htm. 44. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. Section 5 Page 13 Revised July 22, 2009 &a L: I I L L` 19 z '1 i 7 r iTl ! I i i L`"1 I�i }C •N-�I � Y := YI 1y- 1 C� �- ;�a 1 s1i� rr ri I�r _Ir�^I .cif u N r. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and Govemment-wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000. as defined at 28 CFR Part 69, the applicant certifies that: or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, (a) No federal appropriated funds have been paid or will be paid, by or on behalf theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and grant or cooperative agreement; (b) If any funds other than federal appropriated funds have been paid or will be (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard B. Where the applicant is unable to certify to any of the statements In this certification, he or she shall attach an explanation to this Form - LLL, "Disclosure of Lobbying Activities', in accordance with its instructions; application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all 3. DRUG -FREE WORKPLACE subrecipients shall certify and disclose accordingly. (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined RESPONSIBILITY MATTERS at 28 CFR Part 67 Sections 67.815 and 67.620. (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug - As required by Executive Order 12549, Debarment and Suspension, and free workplace by: implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a A. The applicant certifies that it and its principals: controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for (a) Are not presently debarred, suspended, proposed for debarment, declared violation of such prohibition; ineligible, sentenced to a denial of federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or (b) Establishing an on -going drug -free awareness program to inform employees about - agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE RSA Grant Application Package Lobbying Debarment; Suspension and Drug -Free Workplace Certif1catlon Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than rive calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; Check here _ If the State has elected to complete OJP Form 4061 /7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG -FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug -Free Workplace Act of 1988, and (2) Requiring such employee to participate satisfactorily in a drug abuse implemented at 28 CFR Part 67, Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal, at 28 CFR Part 67; Sections 67.615 and 67.620- State, or local health, law enforcement, or other appropriate agency; A. As a condition of the grant, I certify that I will not engage in the (g) Making a good faith effort to continue to maintain a drug -free workplace unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (f). a controlled substance in conducting any activity with the grant; and B. The grantee may insert In the space provided below the slte(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County BOCC, 1100 Simonton Street, Key West, Fl 33040 2. Project Name: RSAT— Jail Incarceration Program 3. Typed Name and Title ofAuthorized.Re esentative: Sylvia Murphy, Mayor 4. Signatur/_77 Date: June 16, 2010 //U FDLE RSAT Grant Application Package Lobbying, Debarment Suspension, and Druo- ree Workolara rartiffe-N.n Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers; ; whiteout, etc. are not acceptable. State of Floridan Department of Law Enforcement Office of Criminal Justice Grants Signature: C t Typed Name and Title: Date: - C�9- M Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Sub ant R Signature: Typed Name and e: Date: June 16, 2010 SylvisVMurphy, Mayor CC Implementing Agency Official, Administrator or Designated Representative Typed Nae of Imp menti g Agency Mo pe C Y BOCC Signature: Typed '�ifime an itle: Sylvia u hy, Mayor Date: June 16, 2010 Application Ref # 2010-RSAT-61 Contract -RSAT-MONR- - - Section #6 Page 1 of 1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Guidance Care Center Effective Date: 09/01/10 Expiration Date: 08/31/11 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Residential Substance Abuse Treatment Program, services provided by the Care Center for Mental Health. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 09/15/10 Total Dollar Value of Contract Budgeted? Yes X No Grant: $66,667.00 County Match: $16,667.00 Division Director Risk Manag ment O.M.B./Pure sing 4444 OMB/Grants Mgt. (Ext.) (Department) nda Deadline: 08/31/10 CONTRACT COSTS $66,667.00 Current Year Portion: $5,556.00 Account Codes: 125-06019-530490-GG1009-XXXXXX ADDITIONAL COSTS CONTRACT REVIEW ChangE n Needei (� Yes❑ No ( Yes❑ No 10 Yes❑ Nol County Attorney 01 41 Yes[] No Comments: vi•io rurrn Kevisea 7/11/yJ MI.N 4FL Date Out RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 151" day of September, 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and the Guidance Care Center, hereinafter referred to as "AGENCY." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub - grant of Residential Substance Abuse Treatment Funds to the COUNTY to implement a program that provides residential substance abuse treatment services to offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Residential Substance Abuse Treatment Funds to the AGENCY in accordance with the COUNTY'S application for the Residential Substance Abuse Treatment Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from September 1, 2010 through August 31, 2011, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services as outlined in the COUNTY'S Residential Substance Abuse Treatment Sub -grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $66,667.00. The total sum represents federal grant/state sub -grant support in the amount of $50,000.00 and local matching funds in the amount of $16,667.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub -grant Award Certificate and Application" and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). 5. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Residential Substance Abuse Treatment Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program. 6. BILLING AND PAYMENT (a) The AGENCY shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Jamie Pipher 1100 Simonton Street Guidance Clinic/Care Center Key West, FL 33040 1205 Fourth Street Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. EMPLOYEE STATUS — The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk In Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA A Mayor/Chairman Guidance Care Center By. Title: MONROE COUNTY ATTORNEY PPR0� :O AS TO FOAM: ILL CHRISTINE Mi. LiMBERT-BARROWS ASSESTA T COUNTY ATTORNEY Efate ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $ X,XXX XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) X'XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 20 by who is personally known to me. Notary Public Notary Stamp PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or 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." SWORN STATEMENT UNDER ORDINANCE NO 10-1990 MONROE COUNTY FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 20 NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 is ` C FILE Florida Department of Office of Criminal Justice Grants Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Commissioner of Agriculture Commissioner www.fdle.state.fl.us JUL 3 0 2010 The Honorable Sylvia Murphy Mayor Monroe County Board of Commissioners 102050 Overseas Highway Key Largo, FL 33037 Re: Contract No. 2011-RSAT-MONR-1-A9-004 Dear Mayor Murphy: The Florida Department of Law Enforcement is pleased to award a Residential Substance Abuse Treatment for State Prisoners grant in the amount of $ 50,000.00 to your unit of government. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable Sylvia Murphy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Martha McWilliams at 850/617-1250. Sincerely, um� R -w Clayto H. Wilder Administrator CHW/MKM/sa Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2011 -RSAT-MONR-1 -A9-004, in the amount of $ 50,000.00, for a project entitled, MONROE COUNTY JAIL INCARCERATION PROGRAM, for the period of 09/01/2010 through 08/31/2011, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of Law Enforcement's Conditions of Agreement and any special conditions governing this subgrant. Signature of Subgrantee's Authorized Official Sylvia Murphy, Mayor Fyped Name and Title of Official September 15, 2010 Date of Acceptance State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: % - a01 ` 10 Grant Period: From: 09/01/2010 TO: 08/31/2011 Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Grant Number: 2011-RSAT-MONR-1-A9-004 Federal Funds: $ 50,000.00 Agency Match: $ 16,667.00 Total Project Cost: $ 66,667.00 Program Area: 0001 : Residential Substance Abuse Treatment CFDA #: 16.593 Award is hereby made in the amount and for the period shown above of a grant under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, P.L 103-322, as amended, to the above mentioned subgrantee and subject to any attached standards or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 103-322, as amended. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance/ Request for Payment is returned to the department. Authorized pfficial Clayton H. Wilder Administrator 'I-ZA-I0 Date ( This award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITIONS)/GENERAL COMMENT(S) Grantee: Office of Criminal Justice Grants Grant Number: 2011-RSAT-MONR-1-A9-004 Grant Title: MONROE COUNTY JAIL INCARCERATION PROGRAM In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Conditions)/General Comment(s): Ref# S15649: Prior to drawdown of federal funds for Contractual Services, a copy of the boilerplate agreement must be submitted to the Office of Criminal Justice Grants. i;-' Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-Sylvia@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-clerk.com mppncauon Ner ;; 2010-RSAT-61 Section #1 Page 1 of 2 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: Tennyson-Lisa@monroecounty-fl.gov Application Ref # Contract 2010-RSAT-61 -RSAT-MOLAR- - - Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: Subgrant Recipient: Implementing Agency: Project Start Date: Problem Identification MONROE COUNTY JAIL INCARCERATION PROGRAM Monroe County Board of Commissioners Monroe County Board of Commissioners 9/1/2010 End Date: 8/31/2011 South Florida, inclusive of Monroe County, is a mecca for illicit drug use, and has a much higher than national drug abuse prevalence. South Florida is a designated "high density drug trafficking area" and a leading cocaine importation center. According to the The Florida Department of Children and Families in 2007 there were an estimated 1,153,325 adults in the state with substance abuse problems. Statistics from the Monroe County Sheriffs Office indicate that for the calendar year of 2009 there were 1,232 drug and alcohol -related arrests in the Keys (almost half of these violators had prior DUls.) The Monroe County Detention Center has reported that 80% of those arrested in this county have substance abuse problems. The Keys are a critical area due to the high percentage of persons with substance abuse and mental health disorders, lack of affordable housing, high cost of living, and high homeless rates. There is one key issue that defines the problem and need in our community. There are not enough substance abuse treatment services in Monroe County to handle the demand. The RSAT program at the County Jail is one of only two substance abuse treatment programs in the Keys and the only program in the County to serve incarcerated adults. The other program, Keys To Recovery, has only 12 treatment beds (for a total of 24 persons annually) for the general population. The RSAT program provides drug treatment as well as a host of support services such as vocational training, anger management, financial education, mentoring, counseling and parenting classes. This past year, we were able to add an employment readiness component. The program is valued highly by the local Drug Court Judges and the Monroe County Sheriffs Office. This RSAT grant provides funding for 60% of the program costs. In past years, the Sheriffs Office provided the other 40%. However, due to budget constraints, the Sheriffs Office can no longer provide financial support to the program. The balance of the funding is mottled together using a combination of different funding sources. The financial situation for the program is therefore precarious. Should any additional funding come available through RSAT, we ask that FDLE consider adding additional funds to support this valuable program. The County's RSAT program provides services to approximately 150 offenders each year, has developed excellent relationships with the local Drug Court, mental health providers, and social service providers in the community, and has proven to be effective. The recidivism rate for the general population at the Monroe County Detention Center is approximately 70% re -incarceration within a year. The recidivism rate for RSAT program participants is 27%. yplluduvn net if 2U1U-RSAT-61 Section #2 Page 1 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Project Summary The Jail Incarceration Program is a substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has provided substance abuse treatment for approximately 1,300 inmates with an overall recidivism rate of twenty-seven percent compared to seventy percent for the general population. It provides administrative and case management services as mandated by Florida Administrative Code 10-E16. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in H-Dorm, which has 54 beds. Most clients are court ordered by the Drug Court judges in Monroe County. The rest are volunteers who meet criteria for drug/alcohol treatment and will be in the county jail a minimum of 182 days. The program has established a positive reputation, working closely with judges, prosecutors and lawyers. DCF audits for the past three years of have reported that this program meets or exceeds Best Practice standards with 100% compliance. The CARF (Commission on Accreditation of Rehabilitative Facilities) accreditation process was completed this past year. The process has strengthened assessment and treatment. CARF` accredition for criminal justice programs is more rigorous than for out -patient settings. Monroe County's RSAT program exceeded all CARF standards and recieved an Exemplary standard for the relationships between correctional staff and treatment/clinical staff. All participants have individualized, client -centered treatment plans that are reviewed monthly and adjusted as needed. Continuing to prove helpful in assessment is the Prochaska and Di Clemente stages of change, implemented last year; as well as the URICA, the Beck Depression Scale, and the Rosenberg Self Esteem inventory; treatment plans are written accordingly. An equity of access policy continues to make admission policies welcoming to individuals with co-occurring disorders, learning disabilities, illiteracy, and Spanish speaking inmates. This allows access for all who might otherwise be denied. (There are two bi-lingual counselors to serve the Hispanic population.) For co-occurring clients, a Mental Health Status Assessment identifies impairments in functioning. They are referred to a mental health counselor and the Prison Health Services Psychiatrist, and participate in WRAP Class (Wellness and Recovery Action Plan), a structured system for monitoring and reducing distressing symptoms through planned responses. Treatment is a minimum of six months, with the possibility of lasting one year. Aftercare is six months and is provided throughout the Florida Keys by the Guidance Care Center. Aftercare is given priority, and is not funded by RSAT. A support letter from the Guidance Care Center is attached. Random drug testing (urine analysis) is conducted weekly by the staff and positive tests result in 30 days in lock -up and a return to court. Tests used are the MEDTOX 5 panel testing for Amphetamine, benzos, cocaine, opiates, and THC. The program also has a relationship with the local drug court to run tests on their machine if it is questionable. The program staff has a strong background in substance abuse counseling and mental health with appropriate certification. The program staff consists of 1 PT program i wi rr LU I U-KJA I _bI Section #2 Page 2 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment director, 1 FT counselor, and a PT counselor. JoAnn Brancel, Project Director, has a BA is Social Work/Criminology and is a Certified Mental Health Professional. The program director oversees the counselors and ensures data collection on all inmates who have completed probation and checks for any new arrests within the year after completion. With the goal of having each RSAT participant attain self-sufficiency, the program includes both substance abuse treatment and support services: MORAL RECONATION THERAPY (MRT)- Evidence -based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. DRUG EDUCATION - Inmates learn and explore chemical dependency and how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class which helps inmates identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high -risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Clients learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. STEP GROUP - The core ideas of the first three steps of Alcoholics Anonymous and Narcotics Anonymous. COMMUNICATION SKILLS - Based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS - Assessment of basic needs for education, job searches, resume writing, addressing a felony in an interview, completing employment applications, and basic budgeting. RELATIONSHIP GROUP SKILLS - This is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, post -traumatic stress disorder, and ambivalence. ANGER MANAGEMENT - An optional class about the responsibility for choices when angry Application Ref # 2010-RSAT-61 Section #2 Page 3 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment INDIVIDUAL COUNSELING - At intake all inmates are assigned a Primary Counselor, who follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. The inmate's individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy and is a liaison for release plans, including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. COMMUNITY SERVICE - The detention center continues to operate a farm and petting zoo that JIP clients help maintain. Another service to the community is their participation in the Department of Juvenile Justice (DJJ) Jail Tour. JIP inmates tell their stories to juveniles recently brought into the system in hopes of preventing these young adults from following the same path they have. SOCIALIZATION- A Hazelden program using Cognitive behavioral treatment to identify thought processes that keep addicts stuck in destructive behavior. CHARACTER CONFLICTS IN RECOVERY- Using the pamphlets from Hazelden including King Baby and Barriers against Recovery this class explores the character conflicts that return addicts to using. The program's objectives and outcomes include: The number of inmates expected to complete the program is 100. 70% of the inmates served will complete an aftercare program. 97% of the inmates served in the program will remain drug free while participating. 70% of the inmates in the aftercare program will not test positive for drugs/alcohol. 75% of the inmates will not violate probation during aftercare. 70% of the inmates served will not return to jail during the first year after release. Application Ref # 2010-RSAT-61 Section #2 Page 4 of 4 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2010-RSAT-61 Contract -RSAT-MONR- - - Section #3 Page 1 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2010-RSAT-61 Section #3 Page 2 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Application Ref # 2010-RSAT-61 Section #3 Page 3 of Contract -RSAT-MOLAR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Addresses): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # 2010-RSAT-61 Section #3 Page 4 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # 2010-RSAT-61 Section #3 Page 5 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Females Geographic Area: State of Florida Location Type: Administration Objectives and Measures Objective: 1A - To report contractor and/or employed salary amounts prorated to include time spent in RSAT. Measure: Part 1 Report contractor and/or employed salary amounts prorated to include time spent in RSAT during the grant period. Goal: 65,590 Application Ref # 2010-RSAT-61 Section #3 Page 6 of 1 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 1 B - To report cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.) Measure: Part 1 Report the cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.). Goal: 1077 Objective: 1 C - To report number of participants enrolled in the program (including drop -outs, terminations or removals). Measure: Part 1 Report the number of participants enrolled in the program (including drop -outs, terminations or removals) during the grant period. Goal: 150 Objective: 2A - To report number of days between program entry and exit for those completing the RSAT program during the reporting period. Measure: Part 1 How many days will there be between program entry and exit for those completing the RSAT program during the grant period? Goal: A mininum of 182 days or more, up to one year. Objective: 2B - To report number of offenders to successfully complete the residential program during the reporting period. Measure: Part 1 How many participants will successfully complete the residential program during the grant period? Goal: 97 Objective: 3A - To report number of RSAT participants at end of reporting period. Measure: Part 1 Report the number of RSAT participants at end of each reporting period. Goal: 50 Objective: 3B - To report number of RSAT participants at beginning of reporting period. Measure: Part 1 To report the number of RSAT participants at beginning of each reporting period. Goal: 50 Application Ref # 2010-RSAT-61 Section #3 Page 7 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 4A - To report number of RSAT participants who completed the program and passed drug testing. Measure: Part 1 Report the total number of RSAT participants who completed the program and passed drug testing during the grant period. Goal: Approximately 97%, or 97 program participants. Objective: 4B - To report number of RSAT participants who completed the program and passed drug testing during the reporting period. Measure: Part 1 Report the number of RSAT participants who completed the program and passed drug testing during each reporting period. Goal: 25 Objective: 5A - To report the number of RSAT participants. Measure: Part 1 Report the number of RSAT participants during grant period. Goal: 100 Objective: 5B - To report the number of residential program participants. Measure: Part 1 Report the number of residential program participants. Goal: 100 Objective: 6A - To report the total number of RSAT beds created as a result of the current award. Measure: Part 1 Report the total number of RSAT beds created as a result of the current award. Goal: 54 Objective: 6B - To report the total number of RSAT beds. Measure: Part 1 Report the total number of RSAT beds available. Goal: 54 Objective: 7A - To report number of beds funded with non-RSAT funds. Measure: Part 1 Report number of beds funded with non-RSAT funds. Application Ref # 2010-RSAT-61 Section #3 Page 8 of 10 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Goal: 0 Objective: 7B - To report total number of beds in facility. Measure: Part 1 Report total number of beds in facility. Goal: 500 Objective: 8A - To report total number of residential service days. Measure: Part 1 Report the total number of residential service days. Goal: Monday through Friday, all year long, exclusive of 9 holidays. Objective: 8B - To report number of offenders to receive residential service (RSAT and non- RSAT). Measure: Part 1 Report number of individuals to receive residential service (RSAT and non-RSAT). Goal: 100 RSAT participants; no non-RSAT participants. Objective: 9A - To report the number of RSAT completions that remained drug -free during the residential program. Measure: Part 1 Report the number of RSAT completions that remained drug -free during the residential program. Goal: 97 Objective: 9B - To report the number of residential program completions who remained drug free. Measure: Part 1 Report the number of residential program completions who remained drug free. Goal: 73 Application Ref # 2010-RSAT-61 Section #3 Page 9 of 1 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: What is the total number of beds (treatment and non -treatment) in the facility? Answer: 554 Question: How many non RSAT-funded treatment beds are in this facility? Answer: 0 Question: How many RSAT-funded treatment beds are in this facility? Answer: 54 Question: How is aftercare treatment provided? Answer: Aftercare treatment is provided by the Guidance Care Center, for those that stay in the community. Question: What is the anticipated number of RSAT program completions during each quarterly reporting period? Answer: 25 Question: What goals do you plan to accomplish during the subgrant period? Answer: Provide drug treatment services and treatment for 100 incarcerated males with a client -centered approach in order to reduce recividism, and improve their quality of life, in Monroe County. Application Ref # 2010-RSAT-61 Section #3 Page 10 of 10 Contract -RSAT-MOLAR- - - .lk: /i1 ■ a '■ Care Center ■ , I ■ For Mental Health May 12, 2011) RSAT Larry Prescott,NIS,CAP,L.NIHC Guidance care Center Key West 1205 4th Street Key West, Florida 33040 1205 Fourth Street Key West, Florida 33040 305-292-6843 M■■■■■ FAX., 305-292-6723 SUNCOM: 464-6843 ■■■■ Re: Monroe County Jail Inpatient Program — Key West, Florida p MOFEIIMT� MAY 2 8 2010 D BY =0 ..._... The Guidance Care Center continues to make aftercare substance abuse services available and accessible to all graduates of the RSAT grant program. These services are provided by certified substance abuse staff and supervised by a team of licensed professionals. Inmates are assisted prior to release for enrollment into aftercare to avoid disruption to their treatment and to help reintegrate the inmate back into the community. Psychiatric and case management services are also provided as needed. It continues to be our pleasure to partner in this very worthwhile community service. Thank you for ur support of our community, .arry rrescott,iNIS,CAP,LI C Guidance Care Center Key West Director WN,FLORICIA DEPARTMENT OF CHILDREN & FAMILIES Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $16,667.00 $66,667.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 $66,667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-RSAT-61 Section #4 Page 1 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Total Budget: Contractual Services $66,667.00 Budget Sub -Category: Salaries and Benefits: Substance Abuse Counselor, approx. 1.85 FTE _ $58,152 FICA @ 7.65% _ $4,448 Health Insurance@ 249.24/month = $2,990 Sub -total Salaries and Benefits: $65,590 Budget Sub -Category: Supplies: Med-tox drug tests: $500 Paper, pens, other materials: $577 Sub -total Salaries: $1,077 Application Ref # 2010-RSAT-61 Section #4 Page 2 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: Identify specific sources of matching funds. Answer: Matching funds will come from the Monroe County Fine and Forfeiture Fund. Question: Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Answer: 1000 Question: Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Answer: Indirect costs are not included. Question: If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Answer: Services will be provided by the Guidance Care Center pursuant to a contract with Monroe County; a copy will be provided. Question: If salaries and benefits are included in the budget, is there a net increase in personnel? Answer: No Question: Will the project earn Program Generated Income? Answer: No Question: Will the applicant be requesting an advance of federal funds? Answer: No Application Ref # 2010-RSAT-61 Section #4 Page 3 of 3 Contract -RSAT-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2010-RSAT-61 Section #5 Page 1 of 1 Contract -RSAT-MONR- - - Florida Department of Law Enforcement Residential Substance Abuse Treatment Program funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-87, A-110 or A-102, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. OCJG approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMB's Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. OMB's Common Rule for State and Local Governments, or OMB Circular No. A-110 orA-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority that chief officer or elected official must submit a letter or resolution indicating the staff person given signature authority to the OCJG. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes In the event of a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out -of -grant -specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. Section 5 Page 2 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Subgrantees must provide written requests signed by the Chief Official, of any significant changes to the subgrant. OCGJ approval of any grant amendment request must be received prior to the incorporation of said amendment. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement, Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, A. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. B. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. Procedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre -audit and post -audit. 12. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a written request to the Department justifying the need for such funds. 13. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay isjustified or shall, at its discretion, unilaterally terminate this agreement and re -obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only Section 5 Page 3 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program by execution of a formal written amendment to this agreement. 14. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrantee and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 15. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The Department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 17. Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. 18. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be Section 5 Page 4 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. 20. Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. The Department reserves the right to unilaterally terminate this agreement if the recipient, Implementing Agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB's CircularA-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed -through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any Section 5 Page 5 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. 23. Property Accountability The recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, F.A.C. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT-BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this Section 5 Page 6 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice." 27. Equal Employment Opportunity (EEO) A. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). B. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.oip usdoi.aov/about/ocr/eeop comply htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. C. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. D. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. E. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. F. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature, 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug -Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification Section 5 Page 7 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government - wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug - Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. A. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; 3. The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. B. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 1. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 1. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Section 5 Page 8 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 1. The applicant certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an on -going drug -free awareness program to inform employees about 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). Section 5 Page 9 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: D. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. E. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. F. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement', and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 Section 5 Page 10 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American -Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American -made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 36. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36. Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq.) A. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. Section 5 Page 11 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program B. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. C. National Historic Preservation Act The subgrantee will assist the FDLE in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the FDLE of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 37. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. 39. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 40. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title 111), and telecommunications (Title IV). 41. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section Section 5 Page 12 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 42. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.-gov. 43. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"), The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.oip.gov/about/ocr/equal fbo.htm. 44. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. Section 5 Page 13 Revised July 22, 2009 1 6, LW II r iJ IN, C? 7mm i7l 1 :1 11 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies That: or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and grant or cooperative agreement; (b) If any funds other than federal appropriated funds have been paid or will be (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities", In accordance with its instructions; this certification, he or she shall attach an explanation to this application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, 3. DRUG -FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- RESPONSIBILITY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug - As required by Executive Order 12549, Debarment and Suspension, and free workplace by: implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a A. The applicant certifies that it and its principals: controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for (a) Are not presently debarred, suspended, proposed for debarment, declared violation of such prohibition; ineligible, sentenced to a denial of federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or (b) Establishing an on -going drug -free awareness program to inform employees about - agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE RSA Grant Application Package Lobbying Debarment Suspension and Drug -Free Workplace Certification Page t CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Program (c) Making lt a requirement that each employee to be engaged in the perform -an of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after the conviction; (9) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). S. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check here _, If there are workplaces on file that are not identified here. Section 67,630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 406117. Check here _ If the State has elected to complete OJP Form 406117. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67,615 and 67.620- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County BOCC, 1100 Simonton Street, Key West, F1 33040 2. Project Name: RSAT— Jail Incarceration Program 3. Typed Name and Title of Authorizedl.RepLesentative: Sylvia Murphy, Mayor 4. Sign Date: June 16, 2010 FDLE RSA Grant Application Package Lobbying, Debarment, Suspension, and on �2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers;'` ` whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Date: a�}-1(� Typed Signat Typed Date: Typed Na� Signature: Typed Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Murphy, Mayor June 16, 2010 Implementing Agency Official, Administrator or Designated Representative of Im�ment�g Age ne anvtle: Sylvia June 16, 2010 Application Ref # 2010-RSAT-61 Contract -RSAT-MONR- - - WAIKAM Mayor Section #6 Page 1 of 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Airports Bulk Item: Yes X No _ Department: Florida Keys Marathon Airport Staff Contact Person/Phone #: Reggie Paros/289-6060 AGENDA ITEM WORDING: Award of Bid and Approval of Contract with Hi-Lite Markings, Inc. for the Taxiway "A" Marking Project at the Florida Keys Marathon Airport, in the total amount of $49,995.00 ITEM BACKGROUND: Bids for the Taxiway "A" Pavement Marking Rehabilitation Project at the Florida Keys Marathon Airport were opened on July 14, 2010. Two bids were received; Hi-Lite Markings, Inc. was the lowest qualified bidder. The project provides taxiway centerline upgrades for the entire length of parallel Taxiway A and intersecting Taxiways B, C, D and E, including lead-off and lead -on markings and runway holding position markings on the taxiways. This project will be funded 95% by the Federal Aviation Administration and 5% Airport Operating Funds. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: This is a new agreement. STAFF RECOMMENDATIONS: Approval TOTAL COST: $49,995.00 INDIRECT COST: BUDGETED: Yes X No _ COST TO FAA: $47,495.25 COST TO AIRPORT: $2,499.75 SOURCE OF FUNDS: FAA, Airport Operating Funds REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMB/Purchasing PEND Risk Management PEND DOCUMENTATION: DISPOSITION: Revised 1/09 Included X Not Required AGENDA ITEM # 0 * 4 THIS AGREEMENT, We A by and between and the Monroe Counfoara'o om WITNESSETH: Llaa,,_ day of Contractor, i6ners, Key West, Florida, Owner. That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1 That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Taxiway "A" Pavement Marking Rehabilitation Florida Keys Marathon Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within ten (10) calendar days from the Notice - to -Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows-, A= Dollars in ac r c lump sum and unit prices set forth in the p 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor basis of a duly certified and approved estimate of work performed during the preceding calendar month by s ten percent (10%) of the amount of such estimate which is to te retained by the W Owner until all work has been performed strictly in accordance with this ® agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages Section per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. IN WI-FIVESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. Titlec. President* WITNESS: -- (Monroe County Board of Commissioners) By: Title: WITNESS. 11-7 STATE OF F-L44R4-DA Nr=vj COUNTY OF 1, the undersigned authority, a Notary Public in and for said County and State hereby certify that Rc- whose name as \j . GM of — Is signed to the foregoing instrument"ShffMo is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. * Who is authorized by the corporation to execute this contract. M August 2, 2010 Mr. James R. "Reggie" Paros Airport Manager Florida Keys Marathon Airport 9400 Overseas Highway Marathon, Fl 33050 Phone (305)289-6002 Fax (305) 289-6071 Reference: TAXIWAY "A" PAVEMENT MARKING REHABILITATION Florida Keys Marathon Airport Recommendation to Award AIP No. 3-12-0044-028-2010 Dear Mr. Paros, The bids provided to URS Corporation for the referenced project have been reviewed and tabulated (See attachment.) Based on the bid proposals, URS recommends the low bidder Hi-Lite Marking, Inc. in the amount of $ 49,995.00. Subject to the County's concurrence in the recommendation to award, it is recommended that Hi-Lite Marking, Inc. be awarded the Taxiway "A" Pavement Marking Rehabilitation project. Sincerely, U S Corporation A dyes �ierr, P.E. P ject Manager xc: Mil Reisert, P.E. URS Corporation Project File URS Corporation 7650 Corporate Center Drive, Suite 400 Miami, FL 33126-1220 Tel: 305.262.7466 Fax: 305.261.4017 F:lmarathonCTaxiway A Pavement Marking Rehabilitation(3-30-10)1DocumentsVecomtoaward(7-23-I0).doc w �� % q E d 7 OD bQ I� o 70 0 CD 7 2 Ro q R �R a _ % 04 2 o 4$ pW o LO w R� co _ _ a k 40 � 2LLILn N o o w 2« q C (M 2 /\ N T $ to _ m 0 k S CD S 2 U w F. d m w E � U) 2 2« 0 @ E w ¢ CD CD K F-0 C4 2 0 2 p U L / �_ k m uj $ CD « 2 2 O U) r� � n W � � ? e $ \ R C J 6LU m _ k CD2 w _ k 2 k � F- co 03 R k < w O 2 � q % \ 2 % w S = § q Q 2 §' / — a �® f P ± §/ o @ LU § $ 2 L § m > 0 C n LL 2 2 O 2 # cl L7 � Q a k � a a. w — N s c 'a rn a � V S � U � C y Z d O ® CD N O Ud p' + e7 Q - Ql 00 C3 F Z D Ol CF) } M J O Qs r; o m Q a S cc� L Q Z d ® } uw = m �y W ® a d w W" W Q ~ Z 1J O L _ ® ®� ® Q W N F" //ryry 0 O Z,Np�® C3 e Z W ! ®® L Q Q 0 vH U. iu m O z z 000 LU aaH a o Q a s C O L W O ® Z ® Q V CC W J pp U. 3 V O 6 L C c ® L OU > X Q U q% C o N s w Q L iia W H > Z 7 d J F z U O o •• 4- v O CL Z } V W in S + V N S O Y W n ® L CL a -C o u W cL J ® A O L cil v C ® o e2o'GRANT AG19,EEMENT U. S. Department of Transportation Feder/ Avlatlon Administration Date of Offer: August 16, 2010 Project Number: 3-12-0044-028-2010 Recipient: Monroe County Board of County Commissioners (Herein called Sponsor) Airport: The Florida Keys Marathon Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety-five percent (95%) of the allowable costs incurred in accomplishing the project consisting of the following: "Improve Utilities (water and sewer lines) PHI Design, Improve Taxiway Markings and Lighting; and Conduct Wildlife Hazard Assessment" as more particularly described in the Project Application dated June 15, 2010. The maximum obligation of the United States payable under this Offer shall be $142,379 for airport development. This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal Aviaton Act of 1958, as amended, codified at Title 49 of the United States Code. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 of the United States Code, constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION ng Manager, Ai its District Office ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions of Accepting Airport Improvement Program Grants' dated December 15, 2009- . y 69y of U ,1 200 X L'i'7r iJ �Name of n .."i-griatyryof Sponsors DeftKated Official Title Hwt..X CERTIFICATE OF SP . _, OR°S ATTORNEY I, L)Z6 �r ,< 0 S acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enterkWo the foregoing Grant Agreement under the laws of State of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duty authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Tide 49 of the United States Code. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no Igal impediments that will prevent full performance by the Sponsor. Further, A is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with th rms thereof. aw U Signature o po sor•s Attorney D 4e - el.. '`Y BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Airports Bulk Item: Yes X No _ Department: Florida Keys Marathon Airport Staff Contact Person/Phone #: Reggie Paros/289-6060 AGENDA ITEM WORDING: Approval of the Consent to Assignment of the Lease Agreement for the West Bay of Hangar One at the Florida Keys Marathon Airport from David P. Rice, Assignor, to Steven Strobbe, Assignee ITEM BACKGROUND: On March 21, 2007, the County entered into a lease agreement with David Rice for the West Bay of Hangar One at the Florida Keys Marathon Airport. Mr. Rice sold his interest in the Hangar to Steven Strobbe, effective October 1, 2010, and the parties now seek to assign the lease. PREVIOUS RELEVANT BOCC ACTION: On March 21, 2007, the Board approved Lease Agreement between Monroe County and Matthew Schulte and David Rice for hangar space at the Florida Keys Marathon Airport. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH Year $2,458.00 plus tax APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # J6, JFW VL_ AGREEMENT FOR SALE AND ASSIGNMENT Comes now, David Rice (hereinafter referred to as "assignor" ) and Steven Strobbe (hereinafter referred to as "assignee") and agree as follows: 1. The assignor is the owner of a hangar located at the Marathon Airport which is located on land being leased from Monroe County, Florida known as Hanger one west bay. 2. It is the intent of the Assignor herein to assign all of its rights, title and interest in said hangar and lease to Steven Strobbe the assignee for the consideration of $15,000. 3. The $15,000 paid in the form of a $1,000 deposit on August 2, 2010 with the balance due on transfer of the assignment from the Monroe County Commission to Assignee. 4. It is the intention that both par -ties will culminate this sale as soon as practicable and that all necessary steps be taken with Monroe County for approval of this sale and assignment and by execution of this letter agreement the parties hereby agree to this sale and assignment dated this day of 12010. Assignor Assignee 1-0 ;1116L David Rice Steven Strobbe 4916 Catlee° ;�� r Richey, Florida 668 August 2, 2010 Mr. David P. Rice 133 Mockingbird Lane Marathon, FL 33050 Dear David: This letter confirms my intention and agreement to purchase the aircraft hanger located the west Bay of Hanger One at the Florida Keys Marathon Airport, Marathon, Florida for a total price of $15,000.00. This offer is contingent on being able to obtain an assignment of your present lease. A formal document requesting your intent to assign the lease is required by the Marathon Airport Authority. My contact person, Stacy, stated this document is required prior to the September 15, 2010 meeting. I will need additional information pertaining to the lease amount paid to the county and confirmation that this figure can be paid annually or monthly. Enclosed is $1000 down payment. Sincerely, Steven Strobbe LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this ;% -day of March, 2007, by and between Monroe County, a political subdivision of the State of Florida, whose address is the Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33040, hereinafter COUNTY, and Matthew Schulte and David Rice, whose respective addresses are 205 W. Seaview Lane, Marathon, FL 33050 and 133 Mockingbird Lane, Marathon, FL 33050, hereinafter called TENANTS or LESSEES. WHEREAS, COUNTY owns an airport known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, and WHEREAS, TENANTS, currently lease certain property at the Florida Keys Marathon Airport, and WHEREAS, TENANTS, Matthew Schulte and Robert Defield, entered in to a new lease agreement in December 2006, and WHEREAS, Robert Defield assigned all of his rights, interest and title to his portion of the lease to David Rice, and WHEREAS, since the signing of the original lease, the lease hold has changed hands and the names of the TENANTS have changed, and WHEREAS, TENANTS and COUNTY agree that it would be preferable, for purposes of clarity to cancel all previous lease agreements, and WHEREAS, TENANTS are willing to assume maintenance and insurance responsibilities for the leased property in exchange for entering in to a new lease with a longer term, and Page 1 of 14 WHEREAS, TENANTS desire to obtain certain rights, services and privileges in connection with the use of the Airport facilities, and the COUNTY is willing to grant and lease the same to TENANTS upon the terms and conditions hereinafter stated, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto TENANTS, and TENANTS do hereby lease from the COUNTY, certain premises, facilities, rights, and privileges in connection with and on the Airport, as follows, to wit: WITNESSETH 1) The parties mutually agree to cancel the October 15, 1997 Lease Agreement, the February 19, 2003 Lease Renewal Agreement and the December 2006 Lease Agreement with neither party having any further duty, obligation or liability to the other under the terms of that 1997 lease or its 2003 extension or the December 2006 lease. A copy of the 1997 lease, 2003 renewal, the December 2006 lease, and the lease assignment from Robert Defield to David Rice are attached to this lease as Exhibit A. 2) The COUNTY leases the property described in Exhibit B, hereafter the premises, to the TENANTS for a term of Ten years, beginning on the 21 st day of March, 2007 and ending on the 19th day of March, 2017. The TENANTS may renew this lease agreement for three additional five year terms by providing the COUNTY with written notice of their intent to do so thirty (30) days or more in advance of the term's expiration date. 3) The rental payment for the premises during the first year of this agreement is $191.75 per month, plus the applicable sales tax, payable at the Airport Director's Office, Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050. The monthly rental payment will increase for each successive year of the first ten (10) years by the following amount: the total rental amount for the year multiplied by the increase in the consumer price index (C.P.1.) for the Miami/Ft. Lauderdale area divided by twelve (12). Rent may be paid by the month or year Page 2of14 at the TENANTS' option. Following the initial term of ten (10) years, the rent charged will be at fair market value, established after an appraisal of the premises. Following establishment of the fair market value rental rate, the rent will thereafter be subject to the yearly CPI increases provided for in this paragraph. 4) a) The parties acknowledge that there is an existing hangar on the premises that belongs to the TENANTS. At the end of any term at which the lease is not renewed, TENANTS shall remove the existing hangar from the premises at TENANTS sole expense. b) (i) The TENANTS may not conduct any commercial activity or operate an FBO on the premises without the permission of the COUNTY. The premises are leased strictly for use by the TENANTS' private aircraft. (ii) The TENANTS must keep the COUNTY's Florida Keys Marathon Airport Manager apprised of the names of persons and their aircraft that the TENANTS have authorized to use the hangar facilities. The Manager must be notified as soon as possible when an authorized occupant is added or deleted. c) The TENANTS are responsible for the maintenance of the hangar. 5) The TENANTS are responsible for insuring the leased premises. a) Each TENANT shall obtain or possess the following insurance coverage's and will provide Certificates of Insurance to COUNTY to verify such coverage: Aircraft Liability to include coverage for the structural premises with limits not less than $1,000,000 (One Million) per occurrence b) The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies issued to satisfy the above requirements. All forms of insurance required above shall be from insurers acceptable to the County. Page 3 of 14 c) All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty days prior notification is given to the Lessor by the insurer. d) TENANTS shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with Paragraph 36. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. 6) In the event the premises are needed for the expansion of the Airport or the Federal Aviation Administration requires the removal of premise improvements the County may cancel this lease upon ninety (90) days written notice to the TENANTS. In the event of cancellation the COUNTY will provide LESSEES with an alternative location. If a suitable alternative location is unavailable or if mutual agreement as to location can not be reached, the COUNTY may cancel this lease upon 30 days written notice to the TENANTS. In the event of relocation the COUNTY, at COUNTY expense, shall relocate the LESSEE'S hangar to an alternate site in accordance with Florida Keys [Marathon Airport ALP. If an alternate site at the airport is not available, the COUNTY will purchase the LESSEE'S lease hold at fair market appraisal value. 7) The TENANTS may assign this lease with the approval of the Board of County Commissioners, whose approval may not be unreasonably withheld. 8) The TENANTS must not authorize, permit or suffer any construction mortgage or other lien of any nature to be placed on the hangar. Page 4 of 14 9) The TENANTS must pay all utilities, including gas, electricity, water and solid waste disposal charges, if any, and any installation charges that may be required for those utilities. 10) The TENANTS must not make any unlawful or offensive use of the premises and must permit the COUNTY or its agents to inspect the premises at all reasonable times. 11) The TENANTS must obtain, and keep in effect during the term of this lease, the insurance described in paragraph 5. The TENANTS may not begin their occupancy of the premises, regardless of the commencement date of this lease, until they furnish proof satisfactory to the COUNTY's Director of Risk Management that they have obtained the insurance policies required by paragraph 5. 12) Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, TENANTS shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of TENANTS or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct of TENANTS or any of its employees, agents, contractors or other invitees, or (C) TENANTS default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, Page 5 of 14 contractors or invitees (other than TENANTS). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this Section will survive the expiration of the term of this lease or any earlier termination of this lease. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained in paragraph 5. 13) a) The TENANTS for themselves, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that 1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2) That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3) That the TENANTS shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended. b) That in the event of breach of any of the above non-discrimination covenants, the COUNTY shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the Page 6 of 14 procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. c) It shall be a condition of this lease that the COUNTY reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. d) That the TENANTS expressly agree for themselves, their successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the herein described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. e) That the TENANTS expressly agree for themselves, their successors and assigns, to prevent any use of the herein described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. f) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the COUNTY acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the COUNTY pertaining to the Florida Keys Marathon Airport. Page 7 of 14 g) Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are non-exclusive and the COUNTY herein reserves the right to grant similar privileges to another tenant or other tenants on other parts of the Airport. 14) This lease will be automatically be canceled, and the title to the improvements on the leased premises will revert to the COUNTY, should the TENANTS fail to occupy the premises within six months of the commencement of this lease or if, during the term of the lease, the premises are abandoned for a continuous period of six (6) months. This reverter provision applies notwithstanding anything contained elsewhere in this lease agreement. 15) The TENANTS, on keeping the covenants and agreements set forth in this lease, are entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY or by any person or persons claiming by, through or under the COUNTY. 16) All communications between the parties should be between the following persons at the following addresses: Florida Keys Marathon Airport Director Mr. Matthew Schulte Mr. David P. Rice Florida Keys Marathon Airport 205 W. Seaview Lane 133 Mockingbird Ln. 9400 Overseas Highway Marathon, Fl. 33050 Marathon, FL 33050 Marathon, FL 33050 17) COUNTY agrees that TENANT is a two-party TENANT, each TENANT party occupying and using one-half of the Leased Premises. COUNTY agrees that each TENANT party shall be responsible only for that TENANT Party's actions, omissions or defaults and that there shall be no joint liability solely due to the actions, omissions or defaults of one TENANT party. 18) In the event of death of a TENANT party or abandonment of the leased premises by a TENANT party, the other TENANT party shall have the option, but shall not be required to, assume the use and occupancy of the other TENANT party's portion of the Leased Premises, and Page 8 of 14 upon doing so, shall become the sole TENANT party from the date or death or abandonment thereafter. 19) The TENANTS warrant that they have not employed, retained or otherwise had act on their behalf any former COUNTY office or employee in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this lease without liability and may also in its discretion, recover from the TENANTS the full amount of any fee, commission, percentage, gift or consideration paid to the former COUNTY officer or employee. 20) Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. 21) The COUNTY and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether TENANTS have complied and are complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of the existing facility(if owned by the County), structure(if owned by the County), perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of TENANTS and, provided further, Page 9 of 14 that the entire cost of such work, as a result of the exercise by the COUNTY of its rights hereunder shall be borne by the COUNTY. 22) TENANTS and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23) TENANTS and COUNTY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply where a default has occurred under the provisions of this agreement. 24) In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, TENANTS and COUNTY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. TENANTS and COUNTY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. A party who requests the other party's participation in accordance with the terms of this paragraph shall pay all reasonable expenses by the other party by reason of such participation. 25) TENANTS and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Page 10 of 14 26) COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 27) The TENANTS and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, :individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the TENANTS agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 28) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the TENANTS 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. 29) 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 Page 11 of 14 as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30) 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 TENANTS agree that neither the COUNTY nor the TENANTS or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31) 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. 32) This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33) This lease has been carefully reviewed by both the LESSEE and the COUNTY. Therefore, this lease is not to be construed against any party on the basis of authorship. 34) This lease represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This lease cannot be modified or replaced except by another signed lease or lease amendment. Page 12 of 14 35) Nothing in this lease should be read as modifying the applicable statute of limitations. The waiver of the breach of any obligation of this lease does not waive another breach of that or any other obligation. 36) This lease may be canceled at the discretion of the COUNTY in the following circumstances: a) LESSEE fails to timely pay the rent; b) LESSEE fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required; c) LESSEE otherwise breaches the terms of this lease, or d) Cancellation is required to accommodate future Airport growth, or e) Cancellation is required due to F.A.A. requirements. In the case of the default/breach occurrences described in subparagraphs 36(a),(b) and (c), the COUNTY's Marathon Airport Director shall first give the LESSEE a written notification stating the default/breach and that the Lessee has 10 days to correct the default/breach. The Lessee shall be notified by certified mail return receipt requested that he has 10 days to correct the default/breach. Notice shall be presumed upon return of a signed return receipt. If the nature of the default/breach is such that it cannot be cured in 10 days, the Lessee shall inform the County in writing of the reason why the default/breach cannot be cured in 10 days and shall provide a written plan showing how the default/breach will be cured in a timely manner. If the Lessee has not corrected the default/breach at the end of the 10 days or if the Lessee has provided a cure plan, which the Lessee has failed to timely and diligently execute, then the County may cancel the lease in its discretion. In the case of cancellation occurring as described in subparagraphs 36(d) and (e), COUNTY shall proceed in accordance with paragraph 6 of this agreement. IN WITNESS WHEREOF, the parties have set their hands and seal. Page 13 of 14 (SEAL) ATTEST: `-•D. i Date WITNESSES, Pfk2007 ,_ Date } $ r 0 `7 Date -"-` 17 r BOARD OF COUNTY COMMISSIONERS CLERK OF MONROE COUNTY, FLORIDA 4 By Mayor/Chairperson am By David I"Rice MO E UNTY TOA Y RO D AS P ERCADO A,S$fSTANT CD NTY ATTORNEY! Z-C�C� []ate JJ e.a CD c� � —+ €F caj C Page 14 of 14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Solid Waste Management Staff Contact: Rosa Washington xt. 4432 AGENDA ITEM WORDING: Approval to "partner" with the Florida Keys Council of the Arts to pursue an ArtReach audience development grant being submitted by Artists in Paradise. ITEM BACKGROUND: As a "partner" in this grant application, Monroe County will receive six bins painted with topical art by local artists. These bins will be placed in the Monroe County facilities in the Middle Keys. Solid Waste Management will supply six large recycling bins, small comment boxes, and promotion/feedback through our website. We will also supply educational and technical support to let the public know what materials can be recycled, minimal assistance with grant preparation, and evaluation of the project. PREVIOUS RELEVANT BOCC ACTION: NONE CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: In -Kind staff support $230, plus supplies BUDGETED: Yes X No already on hand. DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: None REVENUE PRODUCING: Yes _ No X AMOUNT PER: Year N/A APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 ArtReach A grant program of the Florida Keys Council of the Arts. Sponsored in part by the Florida Keys Council of the Arts, the State of Florida, Department of State, Division of Cultural Affairs, the Florida Arts Council, the National Endowment for the Arts, and private donations. ArtReach is an audience development grant for individual Monroe County artists and arts organizations and their partners. The name "ArtReach" is a pun on the word 'outreach." The project must extend the applicant's typical audience by reaching out to a new population. Grant projects may be in any genre: performance, visual art, or writing. The applicant must have a partner organization. This partner need not be an arts organization. The partner contributes something of value to assist the artist or cultural organization to reach out to a new audience. Awards typically are up to $1,000 per project. To request more than $1,000, applicants must have prior approval from the Florida Keys Councii of the Arts. Annual deadline: August 31, 2010 ArtReach Application Procedures Mail or deliver one original application and five copies for a total of six (6) to: ArtReach Florida Keys Council of the Arts 1100 Simonton St. Key West, FL 33040 The application must be postmarked or hand delivered by August 31 The application must be typed or printed legibly in dark ink. A letter of support from the partner describing how the partner will be involved in the project is required. Successful applicants will be notified in about six weeks. The project must be completed by the following June 1. The grantee will receive monies on a reimbursement basis, upon completion of program report. The grantee's final report will include photographs and written material documenting the project. All publicity about the project must include the Arts Council logo and the following credit line: This project is sponsored in part by the Florida Keys Council of the Arts, the State of Florida, Division of Cultural Affairs, the Florida Arts Council, the National Endowment for the Arts, and private donations. An Arts Council board or staff member may visit any funded project. A statement regarding the application review process is available upon request.. Contact information: Please call the Florida Keys Council of the Arts for suggestions and assistance. Phone: 295-4369 Fax: 295-4372 E-mail: t ` Web site: ArtReach Application - Part 1 Project title: Recycling Bin Eco- Beautification Project Amount requested $1000 This is our first application to ArtReach Yes X No If no, the previous application(s) X was funded was not funded; was submitted as an individual X as part of a group by whom? Lower Keys Artists Network, Inc, We have received ArtReach funding 1 times Applicant is: Individual artist (attach resume and proof of Monroe County residency) Nonprofit arts organization (attach IRS 501(c)(3) letter) X Ad hoc/unincorporated arts organization ( mission statement - see page 4) Name of artist organization : Lower Keys Artists Network Inc., a non pEQfit organization in the State of Florida only, dba Artists in Pardise Gallery Contact person Gale Unm Address PO Box 430037 221 Key Deer Blvd Big Pine Key FL 33043-4905 Telephone , 305 872 0366 Fax E-mail galeart2@aol.com Web site www.artistsinl2aradise.com Partner organization Monroe Cou!lty Recycling / Facilities Maintenance Del2artment Contact person Colleen Mushy Address 10600 Aviation Blvd Marathon FL 33050 Telephone 305 289 6037 Fax 305 289 6042 E-mail Murphy-colleen@monroecounty-fl.gov Web site http:llmonroecofl.virtualtownhat1.net/Pages/`index Description of project (Please attach) See Attachment Page 3 Goal (What will you do?) Methods (How will you do it?) Outreach (Whom will you serve? Describe in detail the new audience to be reached. How is it new for you?) Evaluation (How will you measure the success of the project) Page 1 ArtReach Application Part 2 Budget Total This FKCA grant Other funds if an Artistic fees 900 900 0 Supplies & $770 materials $100 $100 Recycling Bins (estimate) (estimate) supplied by Monroe County Public Works Other $1000 0 $230 Recycling Bins and In -Kind Staff staff support- Support supplied Monroe County by Monroe County Public works Public Works Project totals 2000 1000 1000 If total project budget exceeds grant amount requested, please describe other funding sources, including any in -kind contributions. Monroe County will provide paint supplies up to $100 or seek donation from other organization or business. If awarded a lesser amount than requested, can you still complete the project? If so, what adjustments will you need to make? Yes, the number of recycling bins to be enhanced will be reduced By our signatures we verify that all information in this application is correct. We are attaching (1) a description of the project, including the goal, methods, outreach population, and evaluation; (2) a support letter from our partner; and (3) proof of nonprofit status, or mission statement, or artist resume and proof of residency in Monroe County. Gale Upmal Artist or head of organization Type or print name Date Colleen Murphy Contact person, if different Type or print name Date Page 2 Attachment I Description of Project: Six fifty gallon rollout recycling containers placed in Monroe County public buildings will be transformed into works of art that promote recycling and related community clean-up and resource conservation themes. Art work will clearly reinforce intended use of containers for recycling using words, recycling symbols, and images. Because recycling bins will be displayed in Monroe County public areas, art will be appropriate for all ages and conform to any special requirements deemed necessary by the Board of County Commissioners and staff.* Outreach: The general public, visitors, and County staff will be served by the new bins in public facilities. Monroe County has not had recycling outreach for ten years and during that period the recycling rate has dropped from 25%-35% around the turn of the century, to 10% in 2008 (last FL DEP certified reports). During that period, many residents and visitors have stopped recycling altogether and a concerted local effort is underway to recapture and reutilize the natural resources that are being incinerated or end up as litter in the Florida Keys. People in the United States typically associate solid waste with the most distasteful images. This Art Reach project will help re-establish solid waste/recycling as a part of community beautification and natural resource conservation. Instead of creating art to adorn homes and businesses in a purely decorative manner, this project will transform purely functional pieces of equipment into more effective collection tools that are thought -provoking, educational, and aesthetically enhances a public environment. Artists in Paradise has taken a leadership role in the creation and promotion of "green -art" in its co-op gallery on Big Pine Key. Members have also participated in community recycled (materials) art projects and special events like the transformation of GLEE's rain barrels into sought-after works of art (see attached photos- page 4). Evaluation: Project impact will be measured in 3 ways- 1. Placement of a small comment boxes next to the recycling bins and review of public evaluations. 2. Article about the ArtReach project and request for feedback in the Monroe County Recycling Department Newsletter. 3. Effectiveness of artistic message upon recycling as measured by actual utilization of the 6 project recycling bins (provided by feedback from facility maintenance staff and the Monroe County Recycling Coordinator). If deemed successful, additional artistic enhancements of solid waste collection receptacles may be pursued in the future. *If notified of grant award, partner organization approval from Monroe County Board of Commissioners may be required. Page 3 Attachment 11 Lower Keys Artists Network, Inc D/B/A Artists in Paradise Gallery MISSION STATEMENT Our mission is to promote an appreciation of visual fine art in all its forms, provide fine art education through instruction, lectures, demonstrations, workshops and discussion groups, and assist/provide a way for artists to display and market their work. State of Florida Not -For -Profit Corporation # N95000000500 IRS FEI # 65-0595071 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. Kin 292-4531 AGENDA ITEM WORDING: Approval to enter into a one-year residential lease agreement with Monroe County Sheriff's Deputy to reside in a Monroe County -owned residence (Location Q. ITEM BACKGROUND: The current lease for the residing Deputy terminates September 30, 2010. The Monroe County Sheriff's Office has again recommended this deputy to continue in Location C. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: New Residential Lease STAFF RECOMMENDATIONS: Approval TOTAL COST $ N/A INDIRECT COSTS BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ N/A SOURCE OF FUNDS: Revenue REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH 8$ 80.00 Year $10,560.00 APPROVED BY: County Atty. OMB/Purchasing ,/ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # M E M OR AND U M DATE: August 12, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — September 15, 2010 BOCC Meeting Deputy Residential Lease — Location C The. The lease for the Deputy currently residing at Location C terminates September 30, 2010. The Monroe County Sheriff's Office has again recommended this deputy to lease the premises. I hereby request to enter into a one-year residential lease agreement with this Deputy to reside in the home located at Location C. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe County Contract # Sheriff s Deputy Effective Date: October 1, 2010 Expiration Date: September 30, 2011 Contract Purpose/Description: Residential lease with Law Enforcement Officer for Location C Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/15/10 Agenda Deadline: 08/31/10 CONTRACT COSTS/REVENUE Total Dollar Value of Contract: $ 10,560 Current Year Portion: $ -0- Revenue Budgeted? Yes X No ❑ Account Codes: - - - - Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Pate In Needed Reviewer Division Director 1 D Yes❑ Nola," — Risk Manage ent Yes❑ NoZ( O.M.B./Purc asing g 9 6 Yes❑ No❑ lam_ `��?S'ZC-� County Attorney 18V� /0 Yes❑ Now �' 7 r b I Comments: FMB Form Revised 2/27/01 MCP #2 fe I a.�w r�.a�w�w � ��f - �-v�: c) he or she will not sub -lease the premises nor assign any obligation, benefit or duty created under this Agreement, without written consent of the County. d) he/she shall have a letter of permission from his/her Agency Head permitting Officer to execute Agreement which shall be attached to this Agreement as Exhibit "A". 7. DUTIES AND REPORTING. The Officer shall, at least twice each 24 hour period, conduct an inspection and walk through of the property, and shall check for any signs of theft, vandalism, and shall question, and if necessary remove, any unauthorized or suspicious persons found on site. The Officer shall also note in writing any damage, safety hazards, civil or criminal activity observed during his or her inspection and shall inform the Division Director of the County's Public Works Department of any such hazards in writing within 2 days or immediately if the inspection reveals a criminal act, or possible danger to a member of the public. In addition to the above, a regular report on the inspections shall be forwarded to the Officer's superior and to the Division Director of Monroe County Public Works on the last day of each month or within 5 days thereof. The report shall contain the date and time of the inspection, what the inspection found, whether a citation or arrest report, or Notice to Appear or any other instrument was issued, a copy of any document issued shall be attached to the report, a notation as to the action taken by the Officer, and when remedied a notation of what was done. 8. TERMINATION BY COUNTY. This Agreement may be terminated before the expiration of a one year term, with or without cause and in the sole discretion of the County, upon a) 60 days written notice by the County to the Officer, b) 30 days written notice by the County to the Officer when; i) The Officer has left the employee of the Monroe County Sheriff's Office; ii) The Officer is no longer certified as required by this agreement; iii) The Officer fails to timely pay the County the amount described in this Agreement or fails to obtain or to keep telephone service as required under this Agreement; iv) The Officer fails to conduct the walk around inspections required by this Agreement or fails to inform Monroe County Public Works of any observed safety hazards as required under this Agreement; v) The Officer leases the premises or assigns any interest without the required consent under this agreement; c) 15 days notice by the County to the Officer in an emergency situation. " — I; — :-,� In r I --I _71— ... ....... r 14. ATTACHMENTS. The following documents are required to be attached to this Agreement: a) EXHIBIT A: Letter from Officer's Agency Head permitting Officer to execute Agreement. b) EXHIBIT B: Certificate of Liability Insurance c) EXHIBIT C: Copy of Officer's CJATC Certificate This Agreement shall not be effective until signing by all parties and by attaching all fully completed Exhibits to the Agreement. 15. OFFICER NOT AN AGENT OR EMPLOYEE OF THE BOARD: It is specifically agreed that the Officer is not an agent or employee of the Board of County Commissioners; that the Officer agrees that he/she is not entitled to worker's compensation coverage, unemployment compensation, health or life insurance, retirement benefits, or social security benefits because of this Agreement; and that any acts performed under this Agreement by the Officer are strictly in his/her capacity and under his/her authority as a law enforcement Officer. This provision is not meant to limit the Officer's authority to make arrests, investigate alleged or actual crimes, or to enforce the state laws, and County Ordinances. 16. WHOLE CONTRACT AND WAIVER. This Agreement is the whole Agreement between the parties, and no prior or contemporaneous oral or written communications are part of the Agreement. If the County waives any breach of the contract, that waiver shall not waive the covenant or conditions breached nor any later breach of any or part of the contract. 17. MODIFICATIONS. If the Officer wishes to make any modifications or alterations to the premises, he/she must first make the request in writing to the County, and receive permission from the Division Director of Public Works prior to making any alterations. 18. GOVERNING LAWS/VENUE. This Agreement shall be governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this agreement must be in Monroe County, Florida. The County and Officer specifically agree that neither the provisions of Chapter 733, Florida Statutes (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile Home and Recreational Vehicle Parks) are to be applied as governing this Agreement or use as constructing provisions of this Agreement. 19. MEDIATION. The parties agree to mediate any disputes under this agreement, and further agree that they will not arbitrate any disputes. 20. SEVERABILITY. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be Ll 113 ti ZMA� �90 rr 0 'e-Sri 77 :z' 1 --jEscL; ... ... ..... -Jr -k -L . .......... p !P F cl. Ll �t LV J4 4 19 F7 ILI i7,vr %At Y7 Xtt li lull," 'ZIMMILl 20-El - --- - - ------- U4- J. ll;_Ui Uli Ir FYI-. 71 1. A-7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes X No Division: Public Works Department: Facilities Maintenance Staff Contact Person: John King / 292-2531 AGENDA ITEM WORDING: Approval to exercise the second and final renewal option of the contract with E E & G Environmental Services, LLC, for the beach cleaning, maintenance, & beautification of Higgs Beach, Key West. ITEM BACKGROUND: The contract with EE&G provides for two one-year renewal options and an increase in monthly payment in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 2.7%. The parties would like to exercise the second and final one-year option. PREVIOUS RELEVANT BOCC ACTION: On September 17, 2008, the BOCC approved award of bid and execute a new contract with. E E & G Environmental Services, LLC. On September 16, 2009, the BOCC approved exercising the first option to renew. CONTRACT/AGREEMENT CHANGES: Contract renewal will commence October 1, 2010 and terminate September 30, 2011; monthly payments will increase by 2.7% CPI-U from $8,091.42 to $8,309.89 ($99,718.66 annually) and emergency work from $616.62 per hour to $633.27 per hour. STAFF RECOMMENDATIONS: Approval. TOTAL COST:$99,718.66 INDIRECT COSTS BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes o X AMOUNT PER MONTH Year APPROVED BY: County A607(urchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM DATE: August 12, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — September 15, 2010 BOCC Meeting Exercise Second Option to Renew Agreement with E E & G Environmental Services, LLC, for Professional Beach Cleaning, Maintenance and Beautification at Higgs Beach, Key West On September 30, 2010, the agreement with E E & G Environmental Services, LLC.'s (EE&G) will expire but provides for two additional renewal options and an increase in monthly payment in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year or 2.7%. Contract renewal would commence October 1, 2010 and terminate September 30, 2011; monthly payments would increase from $8,091.42 ($97 to $8,309.89 ($99,718.66 annually); emergency work from $616.62 per hour to $633.27 per hour. I hereby request approval to exercise the second and final option to renew the contract with Evans Environmental & Geological Science & Management, LLC, (EE&G) for the beach cleaning, maintenance, & beautification of Higgs Beach. JVJK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: E E & G Contract # Effective Date: 10/01/10 Expiration Date: 09/30/11 Contract Purpose/Description: Exercise second option to renew the contract for professional beach cleaning, maintenance and beautification at Higgs Beach, Key West, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/15/10 A enda Deadline: 08/31/10 CONTRACT COSTS Total Dollar Value of Contract: $ 99,718.66 Current Year Portion: $ 0.00 Budgeted? Yes® No ❑ Account Codes: 77040-530460- -rM i -i i�z—_- 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 Changes Date Out Division Director Date In s� 30 0 Needed Yes[:] Not Reviewer � _ ��o� /� Risk Manage ent � Yes❑ No[j/ r O.M.B./Purchasing 0(jq10 Yes[:] No� County Attorney ,8/3 D Yes❑ Noo _ f� Comments: OMB Form Revised 2/27/01 MCP #2 SECOND RENEWAL AGREEMENT PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA THIS SECOND RENEWAL AGREEMENT is made and entered into this day of September, 2010, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and EE&G ENVIRONMENTAL SERVICES, LLC. ("CONTRACTOR"), a Florida limited liability company, whose address is 14505 Commerce Way, Suite #400, Miami, Lakes, FL 33016. WHEREAS, the parties hereto did on September 17, 2008 enter into an agreement to provide professional beach cleaning, maintenance and beautification, Higgs Beach, Key West, Monroe County, Florida, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on September 16, 2009 renew the Original Agreement; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this second renewal agreement; now therefore IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the Original Agreement for the second of the two (2) renewal options. This term will commence on October 1, 2010 and terminate September 30, 2011; and the amount shall f e adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at DeJcember 31 of the previous year of 2.7% with payments increasing from $8,091.42 to $8,309.89 per m�nth; from $97,097.04 to $99,718.66 annually; and from $616.62 per hour emergencies to 8633.27. 2. Except as set forth in paragraph 1 of this Second Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in ful'1 force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTYI FLORIDA By: Date: Date: Mayor WITN S for CONTRACTOR: E E & G VIROMENTXL SERVICES, LLC Signature Sian re Of person authorized to legally bind Coi any FL 33016 f _zfo 7 7 1 7-15 r JI i - % 1 7 , -4, ., 1 !��7 - , 7 _�j j L T " "I - n �, : � - .11t m I .- L. , ! i _E 4 1 1 7) u x -7 _U -JI A, LA r �74 FjR tj tj I"..- �1�1 rt'73 73 ti AJ Q I P u :I„ 6 d I LL F.A rL vq LMm PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA y. co AGREEMENT FOR � PROFESSIONAL BEACH CLEANING, MAINTENANCE AND c; BEAUTIFICATION, HIGGS BEACH, KEY WEST MONROE COUNTY, FLORIDA This Agreement is made and, entered into this !) day of l,.�,008, between M MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and EE&G ENVIRONMENTAL SERVICES, LLC. ("CONTRACTOR"), a Florida limited liability company, whose address is 14505 Commerce Way, Suite #400, Miami, Lakes, FL 33016. WHEREAS, COUNTY desires to provide professional beach cleaning, mainten- ance and beautification, Higgs Beach, Key West, Monroe County, Florida, and WHEREAS, CONTRACTOR desires and is able to provide professional beach cleaning, maintenance and beautification, Higgs Beach, Key West, Monroe County, Florida; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide professional beach cleaning, maintenance and beautification, Higgs Beach, Key West, Monroe County, Florida, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents and the attached exhibits only. 2. SCOPE OF THE WORK: This project requires the furnishing of all labor, materials, equipment, tools, transportation, services, incidentals, all D.E.P. and the Army Corp. of Engineer's requirements and permitting, and the performing of all work necessary in accordance with the specifications as follows: A. Required Services: The required services to be performed by the Contractor shall be to clean and maintain the entire length and width of the designated public beach areas from the waters edge to the curb line or nearest edge of the pavement Agreement 1 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA of the public road nearest to and paralleling the beach area including the area between the White Street Pier and West Martello Towers, six days per week, weather and/or environmental conditions permitting. See Exhibit "A" attached for a map detailing the beach cleaning area dimensions. Cleaning and maintaining includes daily, except Wednesday, seaweed and trash removal by the contractor. Proper disposal of seaweed shall be the contractor's responsibility. Cleaning and maintaining of the beach area is to be completed by 9:30 am. Higgs Beach must be cleaned using the Beach Tech 3000 machine or an equivalent (to be determined by the department head). The contractor shall maintain all work areas within and outside the project boundaries free from any environmental pollution which would be in violation of any federal, state, or local regulations. All debris, trash and seagrass removed from the beach shall be properly disposed of at an approved landfill and/or transfer station. The contractor shall provide copies of all dump tickets with the monthly invoice for the County's records. Work is likely to be influenced by the tides. The tides can have an effect on the timing and work schedule. No extra claims shall be made for the tides or for other natural weather conditions. The Contractor will coordinate the beach cleaning action with the FDEP, Office of Beaches & Coastal Systems, to ensure that the expertise and overall desires of the Department with respect to beaches and shores are included in the everyday cleaning operation, all in accordance with the requirements of Chapter 161, Florida Statues. The Contractor shall obtain and maintain all necessary permits and approvals and shall comply with all federal, state and local laws and regulations concerning the subject matter of the Contract Documents. B. Alert: The Monroe County Board of County Commissioners has beach cleaning regulations in the Monroe County Code, Chapter 13, Article IV, regarding protection of sea turtles (attached). The Contractor shall use its best efforts to observe and to immediately notify the Sr. Director of Lower Keys Operations of any sea turtle nesting, attempted nesting or crawl activity in the contracted areas. The Contractor shall also coordinate and cooperate with State Agencies and sea turtle conservation groups during turtle nesting season. No beach cleaning activities shall take place during April 15 through October 31 until Save -a -Turtle representatives and/or the Contractors Certified Turtle Inspector, have walked the beaches. AWeement 2 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA C. Mechanized Equipment: Each vehicle utilized on the beaches shall have sufficient lights to illuminate its working area. Each vehicle utilized on the beach shall be identified by a registration number, which has been assigned by the State of Florida. All mechanized equipment that will be transporting debris, trash, litter, seaweed, sand, and refuse to a disposal site, or to and from the beach areas, shall be registered with the Florida Department of Highway Safety and Motor Vehicles, and shall be enclosed or completely covered to prevent discharge. All vehicles transporting debris or equipment shall travel along major arterial roads. Residential roads or streets may not be used, except where no other means of ingress and egress are available. The Contractor shall submit technical data of all beach cleaning equipment for review and approval by the Sr. Director of Lower Keys Operations. The cleaning process should not remove significant amounts of sand from the beach. D. Debris, Trash and Litter Removal: i. Debris, trash and litter removal, wood, plastic, glass, paper, tar, pine needles, palm fronds, coconuts, tree limbs, metal objects and other forms of debris, trash and litter deposited on the beach by the ocean or by bather usage, shall be raked up and removed to the disposal site on a daily, except Wednesday, basis. I Trash Removal: Fixed or mobile trash containers of any nature; round, square, wood, or metal, provided by the County that are located anywhere on the sand and seaward of the curb or edge of the pavement of the nearest road paralleling the Beach area, shall be emptied and hauled to disposal site on a daily, except Wednesday, basis. Contractor is responsible to provide all trash bags for the containers provided by the County. iii. Trash floating in the water behind seaweed shall also be removed. E. Seagrass: The Contractor shall rake up all seagrass including the tide level strand line whenever located on the beaches and haul it to the disposal site. The Contractor is responsible for disposing of seaweed in such a manner which would not be in violation of any federal, state, or local regulations. When seaweed rack is greater than 10" in depth, the contractor shall use an initial cleaning method to supplement the final Beach Tech cleaning. AQnement 3 Apri12008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA F. Emergency Services: The County Sr. Director of Lower Keys Operations shall contact the Contractor immediately when an emergency call is needed. The Contractor shall also notify the Sr. Director of Lower Keys Operations at 292-4431 immediately in the event of a facility emergency. The Contractor shall respond to all emergency calls which occur during normal working hours and holidays and weekends within three hours of notification by the County. The Contractor shall invoice the County for after -hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract. G. Hazard Management: The Contractor agrees to provide such hazard management services as the Owner's representative may request. The Contractor agrees to be available for the performing of such services on an emergency basis and shall respond to the request for the correction of such hazardous conditions, within a 24 hour period, such services shall be at additional hourly costs as established by the Bid Proposal, and include, but are not limited to, the shoring of eroding and deteriorated walkways by moving fill into place around them, grading storm -cut escarpments and removing threatening debris. Foreign material in excess of one ton which must be lifted at once is excluded from the Contractor's responsibility. H. Protection of Air Quality The air pollution likely to occur due to construction operations shall be minimized by, requiring the use of properly operating combustion emission control devices on construction vehicles and equipment used by contractors, and by encouraging the shutdown of motorized equipment not actually in use. Trash burning will not be permitted on the constructions site. I. Erosion Control and Beach Repair: The Contractor shall possess equipment capable of providing certain beach repairs and erosion control measures. The beach is from time to time in need of certain measures for erosion control and repair and, accordingly, the Contractor agrees to provide the following services to the extent of reasonable capability: i. Backfilling of washouts, particularly at the foot of any stairs or entrance ways. ii. Grading of excess sand deposits. Agreemem 4 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA iii. Grading of deep sand furrows and escarpments to a more easily navigated slope. iv. Adding sand to and grading around beach structures. v. Spreading sand provided by the County to replenish sand loss due to storms and/or erosion. vi. Periodic placing and spreading sand on the beaches as directed by the Sr. Director of Lower Keys Operations. J. Erosion Control: The Contractor agrees to maintain the contour of the Beaches against further wave action, and to maximize the usable sandy portion of the beach for recreational enjoyment. K, Hurricane Conditions: In the event a hurricane, major storm, or act of God deposits unusual and excessive amounts of material on the beach, and the Owner's representative reasonably agrees that such deposits are indeed excessive, the Contractor shall respond to the owners request within twenty-four hours of notification . L. Mtorney's Fees: In the event suit is brought by either party relative to this Agreement, the prevailing party shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to reasonable attorney's fees. The venue for any dispute concerning this agreement shall be in Monroe County, Florida. M. Equipment Parking Equipment parking is provided adjacent to the Monroe County Public Works storage area (North side of Higgs Beach property). N. Submittals: Submittals are required for the following: i. Beach Tech 3000 or equivalent (as approved by the Sr. Director) — data sheets ii. Schedule iii. Florida Department of Environmental Protection, Office of Beaches & Coastal Systems Beach Cleaning Permit iv. Front End Loader with long pronged bucket Agreement 5 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA V. Dump Truck vi. Beach tilling contractor and equipment vii. Seaweed disposal plan Sec. 13-61. Definitions. (a) Adjacent waters means waters abutting a nesting area and extending three hundred (300) feet to either side of it, and out to either three hundred (300) yards offshore or the limits of the property line, whichever is further. (b) Artit1cial light or artificial lighting means the light emanating from any man- made or man -controlled device. (c) Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. (d) Beach berm means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and molluscs. The berm may include forested, coastal ridges and may be colonized by hammock vegetation. (e) Bug type bulb means any yellow colored incandescent light bulb, not to exceed twenty-five (25) watts, that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light. (f) Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach. (g) Daylight hours means the locally effective time period between sunrise and sunset. (h) Hatchling means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg. (i) Indirectly illuminated means illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source, which source is not directly visible to an observer on the beach. 0) Jurisdictional boundaries, sea turtle protection, means the area on contiguous land within three hundred (300) feet of an identified or potential nesting area. (k) Mechanical beach cleaning means any mechanical means by which debris, including but not restricted to trash, titter, seaweed or seagrass wrack, is removed from the beach. (1) Nest means the area in and around a place in which sea turtle eggs are naturally deposited or relocated beneath the sediments of the beach. (m) Nesting area means both identified nesting areas and potential nesting areas. Agreement 6 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA (n) Nesting area, identified means any area where sea turtles have been or are currently nesting, and the adjacent beach or other intertidal areas used for access by the turtles. (o) Nesting area, potential means any area where sea turtle crawls have been observed. (p) Nesting season means the period from April 15 through October 31 of each year (q) Permitted agent of the state means any qualified individual, group or organization possessing a permit from the Department of Environmental Protection to conduct activities related to sea turtle protection and conservation. (r) Sea turtle(s) means any specimen belonging to the species Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), Eretmochelys imbricata (hawksbill turtle) or any other marine turtle using Monroe County beaches as a nesting habitat. (s) Tinted glass means any glass which: (a) has been treated to achieve an industry - approved, inside -to -outside light transmittance value of forty-five (45) percent or less (such transmittance is measured as the percentage of visible light that is transmitted through the glass); (b) has a minimum five (5) year warranty for the level of light transmittance specified in (a) above; and (c) has performance claims which are supported by approved testing procedures and documentation. (Ord. No. 8-1994, § 1; Ord. No. 10-1998, § 1, 3-11-98) Sec. 13-62. Prohibition of activities disruptive to sea turtles. (a) Prohibition of horseback riding, campfires, and vehicular tragic. Horseback riding and campfires shall be prohibited on nesting areas during the nesting season. Vehicular traffic shall also be prohibited on nesting areas during the nesting season except for emergency and law enforcement vehicles, vehicles permitted on the beach for marine turtle conservation or research, or vehicles used for beach cleaning in compliance with section 13-65, Standards for mechanical beach cleaning. (b) Prohibiting storage or placement of arty material in the nesting area. The storage or placement of any material such as but not limited to construction material, rip -rap, trash and debris, mulch or other organic material, landscaping material, fill, vehicles, or boats, that has potential to impede movement of hatchlings or adults between ocean and nesting areas, or that may cover existing nests or nesting sites is strictly prohibited. (c) Development. All development shall be set back a minimum of fifty (50) feet from any area which serves as an active or potential nesting area for marine turtles. The fifty (50) foot setback will be measured from the landward toe of the most landward beach berm or from fifty (50) feet landward of mean high water (MHW), whichever results in the smaller total setback. The maximum total setback shall be one hundred (100) feet from MHW. (Ord. No. 8-1994, § 2; Ord. No. 10-1998, § 1, 3-11-98) Agreement 7 April PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA Sec. 13-63. Standards for exterior artificial lighting. To prevent exterior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season, the following measures shall be taken to reduce or eliminate the negative effects of new or existing artificial lighting: (a) Exterior artificial light fixtures within direct line -of -sight of the beach shall be designed, positioned, modified, or removed so that: (1) The point source of light or any reflective surface of the light fixture is not directly visible from the beach. (2) The area within the jurisdictional boundaries is not directly, or indirectly illuminated. (3) The area within the jurisdictional boundaries is not cumulatively illuminated. (b) Measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new or existing artificial beachfront lighting through appropriate design: (1) Positioning of fixtures so that the point source of light or any reflective surface of the light fixture is eliminated or is no longer visible from the beach. (2) Replacement of fixtures having an exposed light source with fixtures containing recessed light sources or shields. (3) Replacement of traditional light bulbs with yellow bug type bulbs not exceeding twenty-five (25) watts or low-pressure sodium vapor lamps. (4) Replacement of nondirectional fixtures with completely shielded directional fixtures that point down and away from the beach. (5) Replacement of fixture having transparent of translucent coverings with fixtures having opaque shields covering an are of at least one hundred eighty (180) degrees and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach. (6) Replacement of pole lamps with low -profile, low-level luminaries no higher than forty-eight (48) inches off the ground such as low -mounted wall fixtures, low bollards, and ground -level fixtures, so that the light source or any reflective surface of the light fixture is not visible from the beach. (7) Replacement of incandescent, fluorescent, and high -intensity lighting with the lowest wattage low-pressure sodium vapor lighting possible for the specific application. (8) Planting or improvement of landscape vegetation in compliance with the land development regulations (chapter 9.5-345 environmental design criteria) between the light source and the beach to screen light from the beach. (9) Construction of ground level barriers in compliance with the land development regulations (chapter 9.5-345 Environmental design criteria) to shield light sources from the beach. Agreement 8 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA (10) Limitation of exterior lights used expressly for safety or security purposes. Any such lighting allowed must conform to the measures set forth in this section in order to reduce or eliminate negative effects on sea turtles. (11) Permanent removal of all floodlights, uplights, or spotlights used for decorative or accent purposes. (12) Permanent removal or disabling of any fixture which cannot be brought into compliance with the provisions of these standards. (13) Shielding or modification of any existing lighted sign pursuant to the land development regulations (chapter 9.5-345 environmental design criteria) such that it is not directly visible from the beach. (Ord. No. 8-1994, § 3; Ord. No. 10-1998, § 1, 3-11-98) Sec. 13-64. Standards for interior artificial lighting. To prevent interior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season, measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new or existing interior light emanating from doors and windows: (a) Interior artificial lighting within direct line -of -sight of the beach shall be designed, positioned, modified, or removed so that: (1) The point source of light or any reflective surface of the light fixture is not directly visible from the beach. (2) The area within the jurisdictional boundaries is not directly or indirectly illuminated. (3) The area within the jurisdictional boundaries is not cumulatively illuminated. (b) Measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new or existing interior beachfront lighting through appropriate design: (1) Use of window treatments such as blackout draperies, shade -screens or blinds to shield interior lights from the beach. (2) Installation of new windows which meet the standards for tinted glass or, for existing windows, an application of window tint or film that meets the standards for tinted glass. (3) Turning off all unnecessary interior lights. (4) Arrangement of lamps and other moveable light fixtures away from windows. (5) Appropriate interior design to eliminate overhead lighting which could illuminate the nesting beach. (6) For new construction within line of sight of beach, tinted glass shall be installed on all windows and glass doors of single -or multi -story structures. Agreement g April PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA (Ord. No. 8-1994, § 4; Ord. No. 10-1998, § 1, 3-11-98) Sec. 13-65. Standards for mechanical beach cleaning. All mechanical beach cleaning activities designed to remove debris from the beach or redistribute debris on the beach through the use of motorized vehicles or other mechanical means shall comply with the following standards: (a) Timing: Beach cleaning shall be confined to daylight hours during the nesting season. (b) Mode ofoperations: During the nesting season (April 15 through October 31): (1) Beach cleaning operations shall be limited to the area seaward of the strand line (previous high tide mark). (2) Light -weight motorized vehicles having wide, low -profile, low-pressure tires, or hand raking shall be used to conduct beach cleaning operations. (3) Devices used for removing debris from the beach shall be designed and/or operated such that they do not penetrate beach substrate by more than two (2) inches. (4) Operators shall be educated to identify a sea turtle crawl (turtle tracks), recognize and avoid a sea turtle nest, report nests and/or crawls to a permitted agent of the state. (5) All excess raked material must be removed from the beach and disposed of properly or stored in an upland area as approved by the director of environmental resources. With special approval from the director of environmental resources and the state department of environmental protection, limited quantities of organic material may be incorporated into the substrate in order to enhance the beach/berm system. (c) Coordination of beach cleaning operations with state -sanctioned scientific studies. All beach cleaning operations shall be coordinated through the state to ensure that these operations do not interfere with state -sanctioned scientific studies or surveys of sea turtle nesting activities. (d) Authorization. Any person performing mechanical beach cleaning must have a current permit from the Florida Department of Environmental Protection for the area being cleaned. (Ord. No. 8-1994, § 5; Ord. No. 10-1998, § 1, 3-1 I-98) Sec. 13-66. Protection from predation. (a) No predatory pets or pets likely to have a potential for being disruptive or damaging to nesting turtles, hatchlings, or nests shall be allowed to roam loose and unsupervised within the jurisdictional boundaries during the nesting season. Such pets include but are not limited to dogs, cats, snakes, lizards or iguanas, ferrets and pigs. (b) Feeding of raccoons, opossums and other wild animals within the jurisdictional boundaries is prohibited. (Ord. No. 8-1994, § 6; Ord. No. 10-1998, § 1, 3-11-98) Agreement 10 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA Sec. 13-67. Penalty. (a) Violations of this article may be prosecuted in the same manner as misdemeanors are prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or both such fine and imprisonment. Violations may also be prosecuted through proceedings before the Monroe County Code Enforcement Board, or pursuant to chapter 76435, Laws of Florida [App. A, art. V, div. 3), or through any other lawfully available means including civil and injunctive relief. (b) The property owner and, where applicable, the designee, agent, tenant, lessee, or assignee, shall each be held responsible for adherence to Article IV, Protection of Sea Turtles. (Ord. No. 8-I994, § 7; Ord. No. 10-1998, § 1, 3-11-98) Secs. 13-68--13-80. Reserved. 3. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contract amount shall be as stated by the CONTRACTOR's bid as follows: $ 8,083.33 per month regular hours - six (6) days per week (including equipment costs and dumping) $9 A00.00 Total annual fee for services $ 616.00 per hour emergencies (ex. Post -hurricanes, including equipment costs & dumping fees) 4. TERM OF AGREEMENT This Agreement shall commence on October 1, 2008, and ends upon September 30, 2009, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the Agreement 11 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. S. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to Agreement 12 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than $100.00a00 bodily injury by accident, $500.000.00 bodily injury by disease, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $JU00.00 per person, $100.000.00 per occurrence, and $25, 000.00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100,000.00 per person, $300,000.00 per occurrence, and $50.000.00 property damage. R c MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES, EXCEPT WORKER'S COMPENSATION. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Agreement 13 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA 9. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of Iiability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VIl of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title V11I of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Agreement 14 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WPTH LAW AND LICENSE REQUIRREAUdENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCL SURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or Agreement 15 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 and County Attorney PO. Box 1026 Key West, FL 3304I-1026 17. TAXES FOR CONTRACTOR: EE&G Environmental Services, LLC ATTN: 14505 Commerce Way, Suite 400 Miami Lakes, FL 33016 COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION a. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. b. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. c. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. Agreement 16 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY VVEST, MONROE COUNTY, FLORIDA 19. GOVERNING LAW, VENUE, INTERPRETATION. COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terns or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have Agreeumrri 17 April PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the Agreement 18 April 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC E,NIM CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the Agreement 19 ADril 2008 PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH KEY WEST, MONROE COUNTY, FLORIDA threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 36. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship. 37. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 38. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Qjarr� Deputy Clerk Date: Ct 1 I-) 00: 07/30/2008 Date Agreement for Eig;Sfflm BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA B y� Mayor r Y1 a. r i o C� i G e, yt VA CL. Ir U Date: /1 cl f 1 -1 ) O 3ture of person authorized to ly bind Company 07/30/2008 Timothy Gipe, PresidentlCEO Print Name Address: 14606 Commerce Way, Suite 400 Miami Lakes, FL 33016 Telephone Number 305-374-8300 ASS'>TANT C UNTY ATTORNEY 4q t< Date t April 2008 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person Bob Stone, (305) 289-6036 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Weathertrol Maintenance Corp. for Middle Keys facilities central air conditioning requested maintenance and repair. ITEM BACKGROUND: On June 30, 2010 bid were accepted for Middle Keys a/c repair and maintenance services with two respondents: (1) Weathertrol Maintenance Corp. —Labor during regular hours $87.00/mechanic/hour, $148.00/mechanic/ and helper/hour; overtime $130.50/mechanic/hour, $222.00/mechanic and helper/hour; Freon — R-22 $14.00/lb, R-12 $51.00/lb, R-11 $57.00/lb, 134 A $18.00/lb, 408 A $35.00/lb, 404 A $25.00/lb, 123 $25.00/lb., parts - manufacture's invoice plus 20%; and (2) Miller Mechanical, Inc. — Labor during regular hours $88.00/mechanic/hour, $125.00/mechanic and helper/hour; overtime $13 5.00/mechanic/hour, $190.00/mechanic and helper/hour; Freon — R-22 $10.00/lb, R-12 $50.00/lb, R-11 $25.00/lb, 134 A $16.00/lb, 409 A $20.00/lb, 404 A $16.00/lb, 123 $16.00/lb, and 410 A $16.00; manufacture's invoice plus 25%. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval Not to exceed TOTAL COST: $45,000 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes o X AMOUNT PER MONTH Year APPROVED BY: County Atty r' I OMB/Purchasing Risk Management DOCUMENTATION: Incl ded X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # M E M O R A N D U M DATE: August 25, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — September 15, 2010 BOCC Meeting Approval to Award and Execute Agreement — Weathertrol Maintenance Corp. for Middle Keys Facilities Central Air Conditioning Maintenance and Repair The Middle Keys have not had an air conditioning maintenance and repair contractor since 2006 when the last contract terminated. A decision was made at that time to see if County in-house staff could handle repairs and maintenance with occasional outside help, but without a contract vendor. It was recently decided to once again put this service out for bid. Bids were opened on June 30, 2010 for central air conditioning maintenance and repair for the Middle Keys with two bidders responding: (1) Weathertrol Maintenance Corp. — Labor during regular hours $87.00/mechanic/hour, $148.00/mechanic and helper/hour; overtime $130.50/mechanic/hour, $222.00/mechanic and helper/hour; Freon — R-22 $14.00/lb, R-12 $51.00/lb, R-11 $57.00/lb, 134 A $18.00/lb, 408 A $35.00/lb, 404 A $25.00/lb, 123 $25.00/lb., parts - manufacture's invoice plus 20%; and (2) Miller Mechanical, Inc. — Labor during regular hours $88.00/mechanic/hour, $125.00/mechanic and helper/hour; overtime $13 5.00/mechanic/hour, $190.00/mechanic and helper/hour; Freon — R-22 $10.00/lb, R-12 $50.00/lb, R-11 $25.00/lb, 134 A $16.00/lb, 409 A $20.00/lb, 404 A $16.00/lb, 123 $14.00/lb, and 410 A $16.00, manufacturer's invoice plus 25%. In reviewing the proposals it was noted that Miller Mechanical did not submit all requested information in RFB and, therefore, was not responsive. This left Weathertrol as the sole responsive proposer. I hereby recommend approval to award bid and execute a contract with Weathertrol Maintenance Corp. for Middle Key central air conditioning requested maintenance and repair. JWK/jbw Enclosures � o t D W 0- o LU V W H N a � J O Y d H V Z H u w s u Q U � LL. vai m m m m m m m m N J 000 p 0 O -NZ �-+ 0 0 0 0 0 t c a J Z [Y W O `p In 'p O .p W LU LU N (V 1 .N-� ��-+ i O� d' M 0 N s N } W p�[ DC CY d0 0 d 1-4 r' a H cn Q L a 0 W ¢ LU -a � d MOC N j L D V Q # O Lij LU ° L Wo LU v O 2 W.:*z a CL gnu LULL.= Z LL Q�aa oo 00 s } > o Z JLU 3 m °` a Z o lr .jHOLU (� Z � oaf h LU 'IC � H Q q DC a c .y H V h LU N __ 72 72 j Q LU z # Z= a 72 Q Z i +- c Q o H Z Once �O o rn H O 00 L z �--I m 3 00 N y F H LU I- J "' a°R t u v Cl v L a o o O Z a Q O o>.� V H o } c s v_ L Q Z A o : L W cn o3 a Z� ¢ V o`i -o _v Z a 4-UTA V H Z } a 4-L W 0- In ¢ d 4- V U uj V a N N s72 a LU � LLI t N u - _i 0 a o C L p } G� H 0o o� s } } y W O a o N V t � U � U- H co co co co CO CO W 0 0 0 0 0 0 > -p Y C) O O 00 O t to Lo a �fl 4p, +Pf •kfr •bp 0 -o (v N z �C aC aC M r, O �f O �t N y aC i— O W Q u Q M a Q =_ : d w W tu,W Lu _ L V Q n. a ° L 01 w u = o Z U- Lo o a � v p to ¢ O N o cm Z Z -4 c\J a a wZpm Iw- �Lij Z D} LU Z F- CO1-7VI O W u Q ] Qui Z roc W ad � -gyp aQ �caF-Q H Z o0O 0� Z O o rn H pO `L 00 � s H d j_� �� L g a o Z o_ L rn a o o>.s N v L a5z u w F a a cn "Z5 O Z Z W Q } v > V c 'o > w p ZO a 4- W ¢ 4- U L L 0) o t LU v E 4 O GO � H In m MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Weathertrol Maintenance Contract # Corp Effective Date: 10/01/10 Expiration Date: 09/30/11 Contract Purpose/Description: Contract for central a/c maintenance and repair for the Middle Keys facilities Contract Manager: Jo B. Walters 4549 Facilities Maint / # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/15/10 Agenda Deadline: 08/31/10 CONTRACT COSTS Total Dollar Value of Contract: $ 45,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ 001-20505-530-340- County Match: $ - - Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes ate jn� Needed Reviewer Division Director & 13 /M) Yes❑ Nop-_- Risk Manag ent Yes❑ No P- tt, O.M.B./P asi g Yes❑ No County Attorn Yes❑ NQES r Comments: OMB Form Revised 2/27/01 MCP #2 etc.) Date Out /�-z3a/ d�*o AGREEMENT TO CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR — MIDDLE KEYS FACILITIES MONROE COUNTY FLORIDA This Agreement is made and entered into this day of September, 2010, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and WEATHERTROL MAINTENANCE CORPORATION ("CONTRACTOR"), a Florida corporation, whose address is 7250 NE 41h Avenue, Miami, Florida 33138. WHEREAS, COUNTY desires to provide central air conditioning maintenance and repair services to COUNTY Middle Keys Facilities; and WHEREAS, CONTRACTOR desires and is able to provide central air conditioning maintenance and repair services to COUNTY Middle Keys Facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide central air conditioning maintenance and repair services to COUNTY Middle Keys Facilities, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK A. Routine repairs and requested maintenance of all county maintained central air conditioning units in the Middle Keys area. B. Emergency repairs of all county maintained central air conditioning units in the Middle Keys area. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR shall be at the site of an air conditioning malfunction within three (3) hours of verbal or written notification by the COUNTY. The CONTRACTOR shall provide an after hours contact person and phone number. The COUNTY, upon award of the contract, shall provide a contact person and phone number for building and equipment access. C. The CONTRACTOR shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained central air conditioning units so that such emergency repairs will be completed within 48 hours of notification by the COUNTY. Agreement 3-1 August 2010 D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer's invoice cost of all parts and materials, plus percentage indicated in section 3D of this agreement, that are used in the repair of all county maintained central air conditioning units. Manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested for any part regardless of the cost at the discretion of the Senior Director of Public Facilities Maintenance, or his designee. All new parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices exceeding $500 must accompany requests for payment. Freight invoices may be requested for any freight charge, regardless of the cost, at the discretion of the Senior Director, Public Facilities Maintenance, or his designee. E. In the event of a major component failure or system breakdown, the COUNTY, when deemed as an emergency situation, shall have the option to request from the CONTRACTOR only, a written estimate for a replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any written estimate over $5,000 up to and including $10,000 must be approved and signed by the Division Director and/or the County Administrator. Any written estimate over $10,000 up to and including $25,000 must be approved and signed by the Division Director and the County Administrator. F. The facilities are located throughout the MIDDLE Keys area. Buildings to be serviced shall include, but shall not be limited to, the following: SHERIFF SUB-STATION/TAX COLLECTOR'S OFFICES 3103 Overseas Highway, Marathon MARATHON COURTHOUSE 3117 Overseas Highway, Marathon CLERK OF COURT 3117 Overseas Highway, Marathon PUBLIC WORKS/COUNTY OFFICES 10600 Aviation Boulevard, Marathon GARAGE FACILITIY and ENGINEERING DEPT. 10600 Aviation Boulevard, Marathon COMMUNICATONS TRAILER 10600 Aviation Boulevard, Marathon ANIMAL SHELTER 10550 Aviation Boulevard, Marathon CONCH KEY FIRE STATION Overseas Highway, Conch Key TEMPORARY COURTROOM MM 48.5 Overseas Highway, Marathon MARATHON JAIL 3981 Ocean Terrace, Marathon ky mmunt 3-2 August 2010 GEORGE DOLEZAL LIBRARY 3251 Overseas Highway, Marathon MARATHON GOVERNMENT CENTER ANNEX 490 63ra Street, Ocean, Marathon MONROE REGIONAL SERVICE CENTER 2798 Overseas Highway, Marathon RUTH WINS CENTER 3333 Overseas Highway, Marathon MARATHON STATE ATTORNEY/PUBLIC DEFENDER 4695 Overseas Highway, Marathon MEDICAL EXAMINER 56639 Overseas Highway, Crawl Key 3. PAYMENTS TO CONTRACTOR A. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR and approval by an appropriate COUNTY representative. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. C. COUNTY shall pay the actual cost of parts and materials purchased from the manufacturer plus 20% to fulfill the obligations of the Contract. A manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any freight charge, regardless of the cost associated (see 2.D.). D. The cost of labor used by the contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor — Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $87.00 per hour, mechanic $148.00 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $130.50 per hour, mechanic $222.00 per hour, mechanic plus helper Agreement 3-3 August 2010 Costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. E. Freon for recharging systems: R-22 $14.00 per pound R-12 $51.00 per pound R-11 $57.00 per pound 134 A $18.00 per pound 408 A $35.00 per pound 404 A $25.00 per pound 123 $25.00 per pound Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. Contractor shall submit all invoices with the Application for Payment form attached. F. Total Compensation to CONTRACTOR under this Agreement shall not exceed FORTY-FIVE THOUSAND AND NO/100 DOLLRS ($45,000.00) unless pre -approved emergency work requiring additional funds is implemented. 4. TERM OF AGREEMENT This Agreement shall commence on October 1, 2010 and ends upon September 30, 2011, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the COUNTY upon execution of this Agreement. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination Agreement 3-4 August 2010 of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Agreement 3-5 August 2010 Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than_ $300, 000. 00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 9. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners of Monroe COUNTY. 11. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of Agreement 3-6 August 2010 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, Agreement 3-7 August 2010 corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Public Facilities Maintenance 1100 Simonton Street, #2-284 Key West, FL 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Weathertrol Maintenance Corporation 7250 NE 4`h Avenue Miami, FL 33138 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Agreement 3-8 August 2010 19. GOVERNING LAW VENUE INTERPRETATION COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SE VERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Agreement 3-9 August 2010 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Agreement 3-10 August 2010 30. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Agreement 3-11 August 2010 36. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 37. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 38. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: Witnesses for CONTRACTOR: Signature g Ilto 1 1O Date —4a/ — S lgn`a6re Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA Mayor Date: -- 4 Signatur of person authorized to legally bind Corporation Date: /& A-UC U s7 2010 C ,Pca s 1-. 8 o R,7A Print Name Address: 725O IV/ G: 4 ,4y-45 M/4M/, t L 33l.'� Telephone Number E COUNTY ATybRNEY bVED A4,T,O,0 RM: PEDRO ASSISTANT �2 Date MERCADO UNTY ATTORNEY ,:?vs 9oe id o v Agreement 3-12 August 2010 DATE: ARRIVAL TIME: LOCATION: APPLICATION FOR PAYMENT DETAILS DEPARTURE TIME: PARTS AND MATERIALS COSTS * ITEM DESCRIPTION UNIT PRICE QUANTITY SUB -TOTAL 1 2 3 4 5 PARTS & MATERIALS SUB -TOTAL % INCREASE PARTS & MATERIALS TOTAL FREON COSTS LBS OF @ PER POUND FREON TOTAL LABOR AND EQUIPMENT COSTS HOURS @ LABOR & EQUIPMENT TOTAL TOTAL DESCRIPTION OF WORK Date Authorized Signature / Title * Contractor must provide a copy of the Manufacturer's Invoice for parts over $500.00, and may be required to provide Manufacturer's Invoice for all parts provided. Contractor must provide copy of freight invoice for transportation/shipping costs over $500.00, and may be required to provide an invoice for any freight charge, regardless of the cost. Agreement 3-13 August 2010 Agreement 3-14 August 2010 4C CERTIFICATE OF LIABILITY INSURANCE OP ID JR WSATH-1 12 17 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InSource, Inc. -- _ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9500 South Dadeland Blvd. , #200 ( W FICATE DOES NOT AMEND, EXTEND OR P.O. Box 561567 j 1 . I THCtTM COVERAG AFFORDED BY THE POLICIES BELOW. Miami FL 33256-1567 Phone: 305-670-6111 Fax:305-670-9699 INSURERS AFFORDING OVERAGE i NAIC# INSURED JA NSURHRA CCU In urance Company _ 10178 —INSURERS:__ National t Ins=r ce Co. 20141 Weathertrol Maintenance Corp. 41S"RERC fit_. Rag Fire & Marine 7250 N.S. 4th Avenue iHg'�jl#4f'b4'`i FCCI C ercial Ins. Co. 33472 Miami FL 33138--------- — COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ---- — -- CTIVE R TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YYYY DATE MMIDD LIMITS 7COMMLTR GENERAL LIABILITY EACH OCCURRENCE 5 10 0 0 0 0 0 D X X ERCIAL GENERAL LIABILITY GL00078772 11/01/09 11/Ol/10 _ PREMISE jEa occurence) $ 1_0_0000 MED EXP (Any one person) S 5 0 0 0 CLAIMS MADE X ] OCCUR PERSONAL & ADV INJURY_ $ 1000000 _ GENERAL AGGREGATE s 2 0 0 0 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2 0 0 0 0 0 0 POLICY X JEPRO- CT LOC — — B AUTOMOBILE X LIABILITY ANY AUTO CA0012164 11/01/09 11/01/10 COMBINED SINGLE LIMIT (Ea accident) $1000000 BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS NON -OWNED AUTOS _ ) X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY . EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG ANY AUTO S -- S EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 5000000 C X I OCCUR CLAIMS MADE QKO6803446 11/01/09 11/01/10 AGGREGATE $ 5000000 DEDUCTIBLE 4, , $ X RETENTION E 10 0 0 0 _ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILrtY ANY ECUVCyY/N OFFICER/MEMBEREXCLUERIE TI 1 I 001WC09A63074 12/31/09 12/31; 10 X TWC LIMITS ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE $10 0 0 0 0 0 (Mandatory in NH) H yes, des ribe under SPECIAL PROVISIONS below \ 0 E.L. DISEASE . POLICY LIMIT $10 0 0 0 0 0 OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS HVAC Contractor./*10 Days Cancellation applies for Non-payment of premium. Certificate holder is included as Additional Insured under form #CGLO84(11/08) as required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe County Board Of County Commissioners 50 Whitehead Street Key West FL 33040 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MONR010 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIAWLnY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. "0>r 019 -2009 ACORD CORPORATION. All rinhtR rAaawarl The ACORD name and logo are registered marks of ACORD BID -A/C MAINTENANCE AND REPAIR, MIDDLE (KEYS FACILITIES" WEATHERTROL MAINTENANCE CORPORATION MIAMI OFFICE- 7250 NE 4T" AVE. MIAMI ,FLORIDA 33138 305-908-1000 KEY WEST OFFICE- 302 SOUTHARD ST, KEY WEST,FLORIDA 33040 CONTACT PERSON RAFAEL V. ROSS 305-979-5249 A ^^ u(}R —''ti �• FT � 2 0 1W cy- Z P" - + y - �.�.r� "'4.: , j �_ Y• y.� r,.l�_ ¢ N 'ice L_Ll y • 1+L ii L .' i. 'ra .•:: ....... lit `,kj __t . � - t - lY.. •mot•_ cz- 1 r Ak --A Utz 77 ' `;J. 14;n 7 M n . :fD CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR MIDDI,P: KFYS F,ACtt ITIFs MONROF €`C)UNTY Ft.C)RInA SECTIONTHREE BID DOCUMENTS BID TO: MONROE. COUNTY BOARD OF CC?I=N,CN. C'OMN-IISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST. FLORIDA 33440 The undersioned_ having carefully examined the work. specifications. bid documents. and t.addenda thereto and other (`cantract Documents for the services ot'_ CENTRAL A/C MAIWENANCE AND REPAIR MIDDLE KEYS FACILITIES And having become familiar with all local conditions including I.tt%)r atf'ec;tint, the cast thereof, and having familiarized himself 4kith material a,,ailability. I,tdeml, State. and Local laws, ordinances. rules and regulations affecting pert'Ormance of the work, does herchv propose to service, and maintain Central Air Conditioning:. and all incidentals necessary tct pertiirm and complete said work in a workman -like nianner. in conformance with specif-ts ations, and ether contract documents including addenda issued thereto. I. Labor - normal workinu, hours of 8:00 a.m. to 5:00 p,m. 'vlonday, thrcxu<<h Vrid.a,\. excluding holidays: f31C) P1t3C E�: _ PFRt tl(-)t R. \,IF01ANIC BID PRIC'f-: $_ �'}�� PFR H(JUTR, �\,IEC'HANW PLI is HiaE,l,-FR 1 Labor - overtime rate for hours other than normal working; hours stated above. including holidays: BID PRICE;: $, ,O -2 ' PR-'R Ht)t K, ,ME(-HANI(- BID PR2ICI`,,: S 2 - ems' PER 1-101JR, \IECHANI(' PLt_,S 1IR-"t_PER [klateriats Freon f��r rechaar�rin, 5v-:titcIns: 1311) PRICE PER Pt}t:ND, P-22 S R- 12 S -- "_ -- 134 :1 409 I 1; 4:' BhS 3 t t-1av 1; 1 i CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR MODLE KEYS FACILITIES, MONROE CDJP�TY FLORIDA -t. Materials - Supplies and replacement Parts: MD PRICE: Manufacturer's lnti<olcc Plus +. Freon evacuation and disposal shall be a part of the C'ontractoir's rate, and shall not he billed as an additional item. 6. bidder acknowledges that the total cost to CEount� shall not excc ed Fort,-ti c hEutusand Dollars (1$45.000,00) unless pre -approved emergencv,vork requiring additional funds is implemented, acknowledge reecipt ofAddenda No. (s) I have included the Enid which includes I _ Bid Form ?. Non -Collusion Affidavit 3. Lobbying and Conflict of Interest Clause Forrn 4. Drug Free Workplace Forrn 5. Local Preference Form In addition. I have included - 6. Current copy of C'ontractor's I_ ic:c nse 7. Copra of Business fax Receipt 8� Insurance Agents Statement 9. l3iddeCs'%Respondent's Insurance & Indemnification Statenent r` 10. All requirements as stated in the Instruction to Bidders, Paragraph 4. i hy& mark items above, as a reminder that they are included.) i Mailing Address: 44140. ,� ` `' Telephone. -mac> �• 7�,!5o 10 / /, .114-1-Ir � __. . a' ... i Cate Signed. L l (seal) Print Name E 4 Title, Bid Do atmeniS 3-2 May 20 10 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR MIDDLE KEYS FACILITIES MONROE CO(JNTY El_ORIDA NON -COLLUSION AFFIDAVIT according to law on my oath, and under penalty aI perjnrt-. depose and ;a} than -- I ant i / C= ��c" 5 } r � r 1,14,'Z � 5 cifthe firm of �L f ! i`�� s'`1�/}✓.� �i: c G=3 ,, the bidder making the. Proposal for the project descrihed in the otiec ti>r t_ allin� t�,r hid,, Ii7r ,414 �nd t hat I exceuted the said proposal with fuel authority I der so. 2_ the prices in this bid have been arrived at independently wttliout collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitov unless otherwise required by lawn the price-, which have been tooted to the, bid have- not been knowingly disclo.ied by the bidder and will not knowingly he disclosed by the bidder prier Ir bid �ipcning, directly or indirectly, to any other bidder or to any competitor: and -l. no attempt has been made or will be made b the bidder to induce any other person. partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition_ i. the statements contained in this affidavit are trite and correct. and made with lull knoxviedge that lvlonroe County relies upon the truth of the statements contained in tbia affiklatit in awarding contracts for said prgject. (Signa e 0ff?1 er) i Dater --- sTA1'1i OF PERSONALLY APPEAtx�D BEFORE ME. the undersigned authority.pas- ---- who. after first being sworn by me. (name of individual signing) affixed fits, her signature in the space provided above on this Z �__-- _ -- day of _ �c> �-, -- - 'tt t b Notary Pubhc State of Fbrida � Aberto Gonzalez j My f,;WWWSsaon f11)5a87$9 *'rasnu' Ex tre�t}13t2rti(}fQ ---- C)IakY PI_'f31JC. ),tv Commission Expire`: � (_�-GsZ 6 t 0- Bid i7ncurnents 3-3 - may 2'10 CENTRAL AIR. CONDITIONING MAINTENANCE AND REPAIR MIDDLE KFYS FAC.II ITIFC M! )MROE COUNTY tctOR!D LOBBYING AND CONF1 IC' 1 01. IN IT, RLST FC)RM SWORN S FA f EMEN I' L Nt)f=Et ORDINANC't. No. I t)-19()() MONRO>(E CtAl N- Y, FI t)RIDA FTFIICS Ct_At;SF' otherwise had act on histits behalf any titrtner Count} officer or (mp(r>\ree in c-Ioiatwn of section -1 of Ordinance No. 10-1990 or any County affit_er t )r employee in \, iolation of Section ; of Ordinance No, 10-1990, For breach or violation of this prevision the Cminty rt%iA, in its discretion. terminate this contract without liability and may also, in its discretion. deduct from the contract or purch&ue price. or otherwise recover, the full amount ot'anv tee, commission. percentage. gift, or cansideration paid tt7 the fanner County officeror emplor,re- (signature) - -- ---- - SFATEOF COUNTY O -- PERSONALLY APPLARED BEFORE, ME, the wtcierst tied authority. -- Sc", who. after first beingtswcsrn by me_ affixed hisiher signature (name of individual suing) in the space provided above ml this Z9 day of My commission expires: C{ ���, � Z-G ) OMB - NACP Ft RNI 44 N10TARY PUBLIC Notary rPubkc State of Fk>rda Alberto Gonzaiez r g• My i rrttntwm D0598789 Exoms 0912&201 if Bid C[fcuments 3-4 M'3y 2010 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR MIDDLE KFY,'-, FAt,ILIS'tt_$, MONROE rCUNIrrr FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor it) accordance with Florida Statute 2X7.08-I hcreby certifies that -- (,Name of Business) — 1. Publish a statement notifying employees [flat the un[awfll manufacture. distribution, jispenstng. ptrsseskiarn, or use of a controlled substance is prohibited in the workplace and specifying the a:ucans that witl be taken against employees for violations of such prohibition ?. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free work -place. any available drug counseling. rehabilitation, and employer assistance programs. and the ptmalties that may be imposed upon employeeN for drag abase violations, -,. hive each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection (l ). 4 In the statement specified in subsection t l ), 1100A thg emploN ees that_ as a condition of v�orictng oil the commodities or contractual services that are under bid, the employee will abide h} the terms of the statement attd will notify the employer of any conviction of- or plea cif guilty or noto c;ontendere to. any violation of Chapter 89,1 4Florida Statutes) or of any controlled substance law of the United States or am, state, for a vtolatiott occurring in the workplace net later than five (5) days after such conviction. 5. Impose a sanction on. or require the satisfactory participation in a drub* abuse assistance or rehabilitation program if such is available in the employee's community. or any employee who is so convicted 6. Make a grand faith effort to continue to maintain a druiz-free workplace through implementation elf this section. As the person authorized to sign the: statement. I certihr that this ftrrtt :omplies fully with the ahmc requirements. iddeCs Signature -- — .a -- ----- ----- Date C NO3-%C11105 Bia Dncurti-nts 3-5 - --- — - May 2010 _ CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR MIDDLE KEYS FACILITIES. i ONROF COUNTY cE nRtnA Bidder's/Respondent's Insurance and Indemnification Statement Insurance "t uirernent Worker's Compensation Employer's Liability General Liability Vehicle Liability Reouired Limits Statutory Limits S I 00_000fS500,00OrS I oo,000 `S300_ OO Combined Single Limit or s i 00,00(l;` ;OO.00O�S-�O.O()(I S100.000 ('onrhined Single lJmit or S50.00011'$ l 00,000!s' i3Oi)O MONROE C04 NTY BOARD OF COUNTY CChAMIS'SIO.NERS M"T BE NAMED A.S' ADDITIONAL INSURED ONALL POLICIES EXCEPT If'ORKER "S Ct?.tIPEINS4TIt3N. INDWNIFICATIG% AND HOLD I-,,kRJMf, :SS Pfau CQNTRAC FOR Notwithstanding any minimum insurance requireirrents prescribed elsewhere in this agreement. Contractor shall defend. indemnify and hold the COUNTY and the COI 'NfY's elected and appointed officers and employees harmless from and against (i) any ciain's, actic411-, or :ause, of action, (ii) any litigation, administrative proceedings. appellate proceedin—gs, or other prckeedings relating ICs :rn� type ot, injury (including death), loss, damage. fine. penalty or business intermption. and (iiit any costs or expenses that may be asserted against, initiated with respect ter, or sustained by., any indemnified party by reason ;,)I'. or In connection with, (A) any activity of CONTRACTOR or any ofits employees. agents, sttb-contractors or other invitees during the terra of this AGREFNIENT, (,13) the negligence or c�iilful misconduct of CONTRACTOR or any of its employees. agents, sub -contractors or other invitees, or (Cf CONTRACTOR`s default in respect of any of the obligations that it undertakes under the terms o this AGRFEMI NT. s scept to the extent the claims. actions, causes of action. litigation, procecdings, costs or expenses arise from the intentional or sale negligent acts or negligent acts in part or omissions of the COUINT"Y or any of its employees, agents, contractors or invitees (other than CONTRACTOR). tnsolar as the cl.rtms. 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 AGREEMENTor any earlier termination of this A(iRF:_EMF\T In the event that the service is delayed or suspended ars a result of the ContractoCs failtire to purchase or maintain the required insurance: the Contractor shall indemnily the County- From any and all increased expenses resulting from such delay. The first ten dollars. ($10.00) of remuneration paid to the Contractor is consideration Rar the indemnification provided for above. The extent of liability= is in no way limited ter. reduced. or lessened by the insurance requirements contained elsewhere within this agreement, this indemnification shall survive the expiration or earlier termination of the Contract. BIDI)f R'S !RESP(I)NDENT"S SYA f'E*,/IEN'F i understand the insurance that will he mandatory if awarded the contract and �k�ilf cotnply, in trill vvith all the requirements. EidderfRespondent 7i7nature _ — Bsd tJos nterxts 3-6 -- — — M4y 20?s; — 7 !? Ll n I L-i H .,I I K XEZ m 0 .2; L ra 2- m F'— It A- I =AJ AJLL IC. -9 A 0 It m II r- 3 M" pT"r%q L CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR MIDDLE KEYS FACILITIES_ is ONEROE COUNTY FLGRtJA LOCAL PRf-'F'ERENt—E, FORM A. Vendor, claiming a Local preference accordin to ()rdinance 03 t__'tlok) must complete this tann Name of Bidder/Responder 1, IX)Ls the vendor have a valid receipt Ii)r the business tax paid to the %lonroe otttltl I ax Collector dated at least one year prior to the notice or request for bid or proposal" i t'lea.s h1rni 1h copy t =_ Does the vendor have a phy,�i£al business; address located within A1onroc C' utuv t},,m which the vendor operates or performs business on a day to day hasis that is a suhstanttal cornportent of the s-,00ds or � ervtces being offered to ,tonroe Counry? List address: Telephone Number: . -le'-c- C- fi. Bogs the vendor'prime contractor intend to subcontract :50% or morr of the gwds_ services or :ortstruc:tio n to local businesses meeting the criteria above as to licensing and location" ✓{.%C"? If yes, phase provide: L Copy of Receipt of the business tax paid to the `Stenroe County I ax Collector by the arch. ontractor dated at least one year prior to the notice or request for bid or proposal, 2. Subcontractor :address within Nionroe County from which the ;ubcontractcir operates. F 1. Number print Name; Signature and Fitle of Authorized S,tsYnatory ttrr f3idderrResponder STATE OF COI. ifiY OF I" -I C) t s ?—`\ day of .-Sant, 30 t 0 , before me, the undersigned notary public. persortally appeared l rto-n to me to he the person whose name is subscribed above or who produced as identification, and acknowledged that h,--she is the person who executed the above vocal Preference Farm for the purposes therein contained. : __v_ ....�,- - - � — , Notary Public Mf ate oRorie Notary Public aq`"" '�`'s. Ameno Gonzwie-- Print tame %1} commission expires__4 tic:al -v Corrm»ssn DDS98789 B+a Docurrierits 3-8 r, TAB 1- GENERAL INFORMATION 1-SHAREHOLDERS. Carlos I. Borja -100% 2-LIST OF OFFICERS AND DIRECTORS. Isidro Borja —Treasurer Vivian Martens - Vice President Rafael V. Ross — Director of Business Antonio Perez — Director of Service John You{den — Construction Director Orlando Perez — Comptroller 3-Weathertrol Maintenance Corporation is a Mechanical Contractor incorporated in the State of Florida since 1969 and it has provided, Maintenance and Construction services since 1969. 4-Weahertrol has operated under the same name since incorporation date. S- No ne of the Officer Directors or creditors of Weathertrol have failed to perform services or to furnish goods similar to the ones described under this Bid. 6-CUSTOMER REFERENCES. 1-See references letters attachment "A" 7-CREDIT REFERNCES, 2- Credit references attachment "B" 8-RELEVANT EXPERIENCE Weathertrol Maintenance Corp. is a full service mechanical contracting firm incorporated in the state of Florida in 1969. We are fully licensed, insured, and bonded. During those years we have fulfilled on plan and spec, design -build, and negotiated contracts with the private sector as well as the public sector such as school boards, municipal govemments, armed forces, and the federal government. Weathertrol is dedicated to providing a professional and quality subcontracting relationship, and the years of experience have provided the know-how to meet that commitment. In addition to new construction installation, our company specializes in single -source responsibility for HVAC service and environmental control. Our 20-truck fleet presently maintains and services over 450 clients in the commercial, industrial, and residential sectors around the four County area. In the past years we have maintain projects similar to this bid. the following is partia list: City of Coral Gables City of Homestead Village of Pinecrest City of Miami City of Sunrise Broward County Community College Miami Dade County Public Schools Miami Dade -Detention Centers Miami lntemational Airport Navy Base Baca Chica US Coast Guard Key West FPL Monroe County Lower Keys and hundreds of similar projects. 4 r rrr TZ -sl 41v- 4 wt t :U -F-- —.17 rO JA 77AY' "dl7ai�o afj'j IL L'f A., L A4CO&W17 40 WEATHERTROL MAINTENANCE CORP. Sato (36122E11) ro. MONROE COUNTY DIVISION OF PUBLIC WORKS Rages: t of 1 CREDIT APPLICATION INFORMATION Address 7250 N E 4th Avenue Telephone (305) 908 - 100 0 Number of employees Office: 19 Shop: 34 � (Account payable contact mar, otem Principals OfficersName Title Address Carlos I_ Boma President 8245 S_W 93`� Street, Miami_ FL 33156 Isidro C Borja Secretary 9525 S W 82"" Avenue, Miami. FL 33156 Vivian B Martens Vicepresident 13551 N W 6�" Street # 204, Pembroke Pines, FL 33028 Bank References Bank / Contact Address Tele hone / Fax Account # Transatlantic Barrie 1325 West 49th Street (3fl5} 231 - 0200 Ph Checking Acct. Mrs, Julia Riesgo HIALEAH_ FL 33012 (305) 231 - 0168 Fax 60511382-06 Vice -President Money Mkt Acc. E-mail Jne o transatlanticbank.com 60511382-15 Trade Refemnces Business / Contact Address Tefe crone / Fax Account # The Trane Company 2884 Corporate Way (305) 592 - 0672 1689447 JorgeAlvarez MIRAMAR, FL 33025 (305) 592 - 0221 Tropic Supply, Inc 151 N_E 179 Street (305) 652 - 7717 1882007 Floyd Eu se MIAMI, FL 33162 (305) 652 - 0369 HD Supply, Inc 10810 N.W 92 TERRACE # 111 (305) 477 - 3045 37705136 FreddyFerreira MEDLEY, FL 33178 (305) 477 - 4351 United Refrigeration, Inc 2400 N.W 23rd Street (305) 633 - 8034 522511 Willie Villedraun MIAMI, FL 33142 (305) 635 - 3253 Gemaire distributors 2600 N.W_ 79th Avenue (305) 592 - 2915 6910 Jule© Pans ua MIAMI, FL 33122 (305) 477 - 2386 Company Name Address Telephone / Fax MATSQN-CI-IARLTQI'd 700 South Dixie Highway, Suite 100 (305) 662 - 3852 SURETY GROUP CORAL GABLES, FL 33146 {31i5) 661 - 9948 Company Name Address Telephone / Fax MATSQN-CI-IARLTQI'd 700 South Dixie Highway, Suite 100 (305) 662 - 3852 SURETY GROUP CORAL GABLES, FL 33146 {31i5) 661 - 9948 TAB 2 -PAST PERFORMANCES ON SIMILAR PROJECTS. City of Coral Gables Public Works Department Facilities Maintenance Division 37 buildings 2800 SW 72" d Ave. Miami, Ft. 33187 Mr. Dallas Brown — 305-460-5039 Mr. Carlos Gonzalez - 305-460-5178 Corpus Christ Catholic Church 9 facilities 3220 NW 7"' Ave Miami, Fl. 33127 Rev. Mr, Antonio Perez — 305-635-1331 Miami Dade County Schools System 108 Schools 2925 NW 41" St. Miami, Ft. 33142 Mr. Bill Barroso-305-995-4300 US. Coast Guard Trumbo Point 15 facilities 100 Trumbo Road Building 105 Key West, Ff. 33040 SK3 Aaron lulch -305-797-5579 US Navy Base Boca Chica Building A650 and A651 Key West ,FI. Richard lacobowski-757-617-0764 Monroe County Public Works 530 Whitehead St. Key West Ft.33040 Mr. lames Bruce -305-797-1473 TAB 3 --MAINTENANCE Weathertrol Maintenance Corporation will provide the schedule of maintenace as required by the Monroe County Maintenance Bupervisor,for the PM's and schedule Annuals, our personnel is capable and trained to fix large Chillers to the smallest Mini split systems. Enclosed is the list the credentials of our personnel. 1 44 1 9-TM- --7 �v J71. T., -. . i. St � a A RJ I IL r. :3 "17n-m ::I, - rim r 1 C3 'lEf2; �Lyc", C-r� I.- a; 5, cv—j I L IE-1— , Z. - V. w .4A TAB 4- LITIGATION Regarding Claims and Litigations against Weathertrol we will answer them in the same order they were asked in page 1-7 : a- NO b- NO c- NO d- NO. TAB S- COUNTY FORMS AND LICENSES ll� I IL Ell, wl 57 41 74 I TI-I . 6f Fq tF L~ - fil d" ." :1 IL L__ - i I �__ �__;7 I!;),--. r. V4 k7s UL 0,4: c 11 F Ly- l ii 1 •r u u :•r- �L7Q! .r-•�+ice' �7 1 a R N 61 .� } i � fit_ • . IY1 11 Yi i�Ju.. .... .......' � k -I�t Tj ivll �.-- 1� X r cf,.!F.7 -Vs ?ln 5'.v? z V -7, "70 NI A fro,. Vm' 7-4 0 let ::� xl�-, Ott,; ;;'Zl t:'Si 'I'751tir. IYaf' L'rs-4. 1, A A tv -9177 7�3 R atr n r MI7-fx-A li *Z ra a.- �EffJ ivy BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010� Division: Public Works Bulk Item: Yes X No _ Department: Public Works Staff Contact Person/Phone #: Dent Pierce/292-4560 AGENDA ITEM WORDING: Approval to execute a Unity of Title to allow the County's parcels of property located in the City of Marathon to be considered one parcel of land for assessment purposes. ITEM BACKGROUND: The County owns two contiguous real estate parcels (Re: 00339920- 000000 and Re: 00339950-000000) in the City of Marathon. In order for the County to claim unity of title and have the parcels assessed as a single unit the Board must execute and record a Unity of Title. PREVIOUS RELEVANT BOCC ACTION: None ............ . CONTRACT/AGREEMENT CHANGES: The Unity of Title will allow the County's property located in the City of Marathon to qualify as a single parcel of land for assessment purposes. STAFF RECOMMENDATIONS: Execute the Unity of Title and properly record in the official records of Monroe County. TOTAL COST: recording cost INDIRECT COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: recording cost SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 Risk Management AGENDA ITEM # UNITY OF TITLE THIS UNITY OF TITLE, dated this day of 2010 by Monroe County Board of County Commissioners ("OWNER"), whose address is 1100 Simonton Street, Key West, FL 33040. WITNESSETH WHEREAS, OWNER is the owner in fee simple of the real property situate in the City of Marathon, Florida, ("CITY") more particularly described in Exhibit "A" attached hereto and made a part hereof, comprised of Re # 00339920-000000 and Re # 00339950-000000; and WHEREAS, OWNER is desirous of having the property described in Exhibit "A" assessed as a single unit by the CITY, rather than have the same assessed separately, thereby reducing the overall CITY assessment attributable to such property while this Unity of Title is in effect; NOW, THEREFORE, for valuable considerations, the receipt of which sufficiency is hereby acknowledged, and to induce CITY to treat the property described on Exhibit "A" as a single parcel for assessment purposes so long as this Unity of Title is in effect, the OWNER represents and agrees as follows: 1. The OWNER'S contiguous real estate parcels (Re # 00339920-000000 and Re # 00339950-000000) described herein and more particularly in Exhibit "A" shall hence forth be considered as one (1) plot or parcel of land; 2. The OWNER's parcels included in this Unity of Title shall be considered one real estate parcel such that only one (1) building is, can or will be constructed or sited thereon in accordance with the applicable laws so long as this Unity of Title is in effect; 3. No portions of the OWNER's parcels included within the Unity of Title shall thereafter be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land; and 4. This Unity of Title shall be deemed a covenant running with the land and shall remain in full force and effect, and be binding upon the property owner, the property owner's successors and assigns, until such time as the same may be released in writing by the CITY. IN WITNESS WHEREOF, the owner has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or Vice - Mayor, this day of 2010. (SEAL) Attest: DANNY L. KOLHAGE, CLERK L-2 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Bv: Mayor/Chairperson NlOiNROE COU�TY ATTCE--'! PP11OV12D AS ':0 c91STJ� c4m 1 i'4 F3 2T2 OTM R '13 0 V78 ASSISTAIq GOWNTY ATTOnNEY Date EXHIBIT A Parcel ID: 00339950-000000 Subdivision: SHERYLSUBD NO2 Legal BK B LT 4 SH ERYL SUB #2 P134-43 KEY VACCA OR447-168 OR672-703 OR740-707 OR894-1103Q/C Description: OR957-456/457 OR 1 176-1730/32(JMH) Parcel ID: 00339920-000000 Subdivision: SHERYLSUBD NO2 Legal SHERYL SUBD #2 PB4-43 KEY VACA LOTS 1 2 & 3 BLK B OR672-703 OR740-707 OR894-11030JC OR957- Description: 4561457 RE: 33993 & 33994 COMBINED FOR ASSESSING PURPOSES B-22-88JMH OR1176-1730/33(JMH) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Ratification of a previously executed Federal Aviation Administration Grant providing funding to "Conduct Utility Master Plan; Improve Airport Drainage (Ph 1 Design); Rehabilitate Apron (Phl Design); and Construct Terminal Building (Reimbursement), Ph4b" at the Key West International Airport. ITEM BACKGROUND: Projects will be funded 95% by FAA, with match from Passenger Facility Charge Revenue and Operating. PREVIOUS RELEVANT BOCC ACTION: Approval for the Mayor to execute Airport Grants from FAA and FDOT as received in order to meet deadlines, with ratification at next BOCC meeting, Item C-2, 5-19-2010; Approval to submit PFC Application # 13, 3-21-2007. CONTRACT/AGREEMENT CHANGES: New grant. STAFF RECOMMENDATION: Approval TOTAL COST: $1,180,570.00 INDIRECT COST: NA BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None COST TO AIRPORT: $2,683.00 COST TO PFC: $59,453.00 REVENUE PRODUCING: NA APPROVED BY: County Attorney X DOCUMENTATION: Included X SOURCE OF FUNDS: FAA, PFC, Operating AMOUNT PER YEAR: �r/Purchasing Not Required NA Risk Management DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Federal Aviation Administration (FAA) Effective Date: Execution Expiration Date: Open Contract Purpose/Description: Grant funding to: "Conduct Utility Master Plan; Improve Airport Drainage (Phi Design); Rehabilitate Apron (Phi Design); and Construct Terminal Building (Reimbursement), Ph4b" at the Key West International Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 CONTRACT COSTS Total Dollar Value of Contract: $1,180,570.00 Current Year Portion: Budgeted? Yes Account Codes: pending set-up for Grant #037-43 Grant: Yes - FAA County Match: PFC, Operating ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director 8 / 17 /10 ( ) ( ) 8/ 17 /10 Risk Mana ert�nt _/_/_ ( ) ( ) Pe er Horton 1✓vJ 6.M.B./Purc asing // IG ( ) (,� 's�na�geement _ Q for OMB County Attorney /_/_ ( ) ( ) Suzanne Hutton 8/ 18 /10 County Attorney Comments: I a US, Department of Transportation Federal Aviation Administration August 16, 2010 Mr. Peter Horton Director of Airports 3491 S. Roosevelt Blvd. Key West FL 33040 Dear Mr. Horton: Orlando Airports District Office 5950 Hazeltine National Dr., Suite 400 Orlando, FL 32822-5003 Phone: (407) 812-6331 Fax: (407) 812-6978 RE: Key West International Airport; Key West, FL AIP Number 3-12-0037-043-2010 FDOT PFLs 0006357/6363/7629/7630 Grant Offer We are enclosing the original and one copy of a Grant Offer for AIP Project No. 3-12-00t 043-2 10 for Key West International Airport, in response to your Application for Federal Assistance ne 15, 2010. Your acceptance of this Offer will constitute a Gr ment by which the government will participate in the allowable costs of the project amounting to 1,180.57 Federal share). Once the authorized official has executed the Agreement and the official's signature has been notarized and sealed/stamped, the attorney for the Monroe County Board of County Commissioners must certify that the Sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part of the Sponsor. Please note that the Agreement is not legal unless the attorney signs it AFTER the Sponsor. If the terms of this Offer are satisfactory, please execute the document as soon as possible, but not later than September 1, 2010. To assist us in administrative reporting requirements you are requested to notify this office by emailing a PDF of signature page of the grant immediately upon executing the grant. Only the original executed grant needs to be returned to this office. The remaining copy is for your file. Please allow approximately 30 days after returning final executed arrant to this office before attempting any drawdowns from the letter -of -credit account. Sincerely, Bart Vernace Acting Manager 2 Enclosures cc: w/enclosure (grant) Dionne Henry, FDOT/6 f AUG 1 7 201U i i, ee-? GRANT AGREEMENT U. S. Department of Transportation Federal Aviation Administration Date of Offer: August 16, 2010 Project Number: 3-12-0037-043-2010 Recipient: Monroe County Board of County Commissioners (Herein called Sponsor) Airport: Key West International Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety-five percent (95%) of the allowable costs incurred in accomplishing the project consisting of the following: "Conduct Utility Master Plan; Improve Airport Drainage (PH1 Design); Rehabilitate Apron (PH1 Design); and Construct Terminal Building (Reimbursement), PH4b" as more particularly described in the Project Application dated June 15, 2010 The maximum obligation of the United States payable under this Offer shall be $1,180,570 for airport development. This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 of the United States Code, constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA 1/1?��� FEDERAL AVIATION ADMINISTRATION Acting Manager, Airports District Office ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the dgAwaient "Terms and Conditions of Accepting Airport Improvement Program Grants" dated December 15, 2009,,' fix. Exep�dt khis�fc�ayof�` vSf 20 /0 l rl01, ✓Oe l lV%C i� — ��GECL (SePA Name of o or Attest Sig re of Spons esignated Official present Oro ��r/ Q!x- Cr�yY� Q1 /YV)I{{� Title Title'�rovP v F/J/ CERTIFICATE OF SPONSOR'S ATTORNEY �OunfT� iiM07 I,uT ILA E/I/� i_SS V acting as Attorney for the Sponsor do hereby certify. That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of State of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Signatu �Spons&s Attorne Dyfe ry December 15, 2009 U. S. Department of Transportation Federal Aviation Administration TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the Sponsor accepts a Grant Offer from the FAA that references this document. The FAA may unilaterally amend the terms and conditions by notification in writing, and such amendment will only apply to grants accepted after notification. I. DEFINITIONS A. Sponsor —An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. B. Project —Work as identified in this grant Agreement. C. Primary Airport —A commercial service airport the Secretary of Transportation determines to have more than 10,000 passengers boarding each year. D. "this grant" — In this document the term "this grant' refers to the applicable grant agreement or grant agreements that incorporate(s) these Terms and Conditions as part of the grant agreement. II. CERTIFICATIONS Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the Sponsor that it will comply with statutory and administrative requirements in carrying out a project under the AIP. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting this grant, the Sponsor certifies that each of the following items was or will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the Sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants. General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), and Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are not significantly above the Sponsor's independent cost estimate. 4. If engineering or other services are to be performed by Sponsor force account personnel, prior approval was (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant -assisted contracts have been (will be) included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement; and future work will not be initiated beyond five years. B. Sponsor Certification for Project Plans and Specifications. AIP standards are generally described in Advisory Circulars 150/5100-6, Labor Requirements for the Airport Improvement Program; 150/5100-15, Civil Rights Requirements for the Airport Improvement Program; and 150/5100-16, Airport Grant Assurance One —General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports, as well as procurement/installation of equipment and facilities, is referenced in standard airport sponsor Grant Assurance 34 in this document. 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specifications? 1 of 16 3. The development included (to be included) in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the Federally approved environmental finding. 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be) discussed with the FAA, as well as incorporated into the specifications; and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. C. Sponsor Certification for Equipment/Construction Contracts. General standards for equipment and construction contracts within Federal grant programs are described in Title 49, CFR, Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 15015100-6, Labor Requirements for the Airport Improvement Program; 150/5100-15, Civil Rights Requirements for the Airport Improvement Program; and 150/5100-16, Airport Grant Assurance One —General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. 1. A code or standard of conduct is (will be) in effect governing the performance of the Sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. The procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects; and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid; b. The contract is to be awarded to other than the lowest responsible bidder; c. Life cycle costing is a factor in selecting the lowest responsive bidder; or d. Proposed contract prices are more than 10 percent over the Sponsor's cost estimate. 6. All contracts exceeding $100,000 require (will require) the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contact terms; and c. Compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and Executive Order 11738. 7. All construction contracts contain (will contain) provisions for: a. Compliance with the Copeland "Anti -Kick Back" Act; and b. Preference given in the employment of labor (except in executive, administrative, and supervisory positions) to honorably discharged Vietnam -era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain (will contain) the following provisions: a. Compliance with the Davis -Bacon Act based on the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity. 10. All contracts and subcontracts contain (will contain) clauses required from Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. D. Sponsor Certification for Real Property Acquisition. General requirements on real property acquisition and relocation assistance are in Title 49, CFR, Part 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. The Sponsor's attorney or other official has (will have) good and sufficient title and title evidence on property in the project. 2. If defects and/or encumbrances exist in the title that adversely impact the Sponsor's intended use of property in the project, they have been (will be) extinguished, modified, or subordinated. 3. If property for airport development is (will be) leased, the following conditions have been (will be) met: a. The term is for 20 years or the useful life of the project; b. The lessor is a public agency; and c. The lease contains no provisions that prevent full compliance with this grant agreement. 4. Property in the project is (will be) in conformance with the current Exhibit "A" property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. 2of16 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was (will be) obtained for the following: a. The right of flight; b. The right of ingress and egress to remove obstructions; and c. The right to restrict the establishment of future obstructions. 7. Appraisals prepared by qualified real estate appraisers hired by the Sponsor include (will include) the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. 8. Each appraisal has been (will be) reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, and the written appraisals and review appraisal are (will be) available to FAA for review. 9. A written offer to acquire each parcel was (will be) presented to the property owner for not less than the approved amount of just compensation. 10. Effort was (will be) made to acquire each property through the following negotiation procedures: a. No coercive action was (will be) taken to induce agreement; and b. Supporting documents for settlements are (will be) included in the project files. 11. If a negotiated settlement is not reached, the following procedures were (will be) used: a. Condemnation was (will be) initiated and a court deposit not less than the just compensation was (will be) made prior to possession of the property; and b. Supporting documents for awards were (will be) included in the project files. 12. If displacement of persons, businesses, farm operations, or non-profit organizations is involved, a relocation assistance program was (will be) established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 90-day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were (will be) provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance. General requirements for final acceptance and closeout of Federally funded construction projects are in Title 49, CFR, Part 18.50. The Sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of this grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, construction inspection, and testing were (will be) determined to be qualified as well as competent to perform the work. 2. Daily construction records were (will be) kept by the resident engineer/construction inspector as follows: a. Work in progress b. Quality and quantity of materials delivered c. Test locations and results d. Instructions provided the contractor e. Weather conditions f. Equipment use g. Labor requirements h. Safety problems i. Changes required. 3. Weekly payroll records and statements of compliance were (will be) submitted by the prime contractor and reviewed by the Sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-6 and 150/5100-15). 4. Complaints regarding the mandated Federal provisions set forth in the contract documents have been (will be) submitted to the FAA. 5. All tests specified in the plans and specifications were (will be) performed and the test results documented as well as made available to the FAA. 6. For any test results outside of allowable tolerances, appropriate corrective actions were (will be) taken. 7. Payments to the contractor were (will be) made in compliance with contract provisions as follows: a. Payments are verified by the Sponsor's internal audit of contract records kept by the resident engineer; and b. If appropriate, pay reduction factors required by the specifications are applied in computing final payments; and a summary of pay reductions are made available to the FAA. 8. The project was (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval is obtained from the FAA. 9. A final project inspection was (will be) conducted with representatives of the Sponsor and the contractor, and project files contain (will contain) documentation of the final inspection. 10. Work in this grant agreement was (will be) physically completed, and corrective actions required as a result of the final inspection are completed to the satisfaction of the Sponsor. 11. If applicable, the as -built plans, an equipment inventory, and a revised airport layout plan have been (will be) submitted to the FAA. 12. Applicable close out financial reports have been (will be) submitted to the FAA. 3of16 Sponsor Certification for Seismic Design and Construction. 49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed with the assistance of the FAA. Compliance will be met by adhering to at least one of the following accepted standards: 1. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including: a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601; b. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795; and c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213-1206. 2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirement of 49 CFR Part 41. Drug -Free Workplace. General requirements on the drug -free workplace within Federal grant programs are described in Title 49, CFR, Part 29 and the Drug -Free Workplace Act of 1988. Sponsors are required to certify they will provide, or will continue to provide, a drug -free workplace in accordance with the regulation. 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug -free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b. The Sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will be) given a copy of the statement required within item 1 above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition of employment under this grant, the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. III. GENERAL CONDITIONS A. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration under Title 49 U.S.C. B. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the Federal share of costs. C. The Sponsor shall carry out and complete the Project(s) without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to unilaterally terminate this grant if the Sponsor does not make at least one draw down of funds under their Letter of Credit or submit at least one written Request for Reimbursement, as applicable, in each twelve month period after grant acceptance. E. The Sponsor agrees to monitor progress on the work to be accomplished by this grant. For engineering services, the Sponsor agrees to make payment only for work that has been satisfactorily completed and that ten percent (10%) of the total value of the engineering services contract will not be paid to the Engineer until acceptable final project documentation is provided. 4of16 F. The Sponsor agrees to submit final grant closeout documents to the FAA within 60 days after physical completion of the project(s), but no greater than four (4) years from the date of the grant, unless otherwise agreed to by the FAA. G. The FAA reserves the right to amend or withdraw this grant offer at any time prior to its acceptance by the Sponsor. H. This grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless this grant offer has been accepted by the Sponsor on or before 30 days after this grant offer but no later than September 30 of the federal fiscal year this grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. I. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. J. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this grant agreement. K. If, during the life of the project, the FAA determines that this grant amount exceeds the expected needs of the Sponsor by $5,000 or five percent (5%), whichever is greater, this grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, if there is an overrun in the eligible project costs, FAA may increase this grant to cover the amount of the overrun not to exceed the statutory fifteen (15%) percent limitation for primary airports or either by not more than fifteen percent (15%) of the original grant amount or by an amount not to exceed twenty-five percent (25%) of the total increase in allowable project costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding for non -primary airports. FAA will advise the Sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown in this grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the Sponsor's officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring in the said requested revision to the project work description and grant amount shall constitute an amendment to this Grant Agreement. L. If requested by the Sponsor and authorized by the FAA, the letter of credit method of payment may be used. It is understood and agreed that the Sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. M. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this condition. N. If this grant agreement includes pavement work that equals or exceeds $250,000, the Sponsor will perform the following: 1. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: a. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. c. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing Materials standards on laboratory evaluation, referenced in the contract specifications (D3666, C1077). d. Qualifications of engineering supervision and construction inspection personnel. e. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. f. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. 2. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. 3. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the 5of16 discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under this grant agreement. 4. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that Sponsor tests results are inaccurate. 0. For a project to replace or reconstruct pavement at the airport the Sponsor shall imDlement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The Sponsor shall use such program for the useful life of any Davement constructed reconstructed, or repaired with Federal financial assistance at the airportAs a minimum the program must conform with the following provisions: Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: a. Location of all runways, taxiways, and aprons; b. Dimensions, c. Type of pavement, and; d. Year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available; i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 15015380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. b. Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: a. Inspection date, b. Location; c. Distress types; and d. Maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport Sponsor may use any form of record keeping it deems appropriate; so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 15015380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. P. Takeover of Instrument Landing System and Associated Equipment in Project. If this grant includes an instrument landing system and associated equipment and the FAA has agreed to takeover the system and equipment, the Sponsor must check the facility prior to its commissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach, or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR part 77 determines that to be acceptable, and mark and light the runway, as appropriate. Q. Airport -Owned Visual or Electronic NAVAIDS In Project. If this grant includes a visual or electronic navigational aid, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment and check the facility prior to its commissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable, and mark and light the runway, as appropriate. The FAA will not take over the ownership, operation, or maintenance of any sponsor -acquired equipment other than an AIP-funded instrument landing system and associated equipment where FAA agrees to take over the system and equipment. R. Non-AIP Work in Application. it is understood and agreed by and between the parties hereto that notwithstanding the fact that a Project Application may include therein the construction of work not included in this grant agreement project description, said work shall not be a part of this project and, if or to the extent accomplished by the Sponsor, such accomplishment shall be without any participation in the costs thereof by the United States under this project. It is further understood and agreed that, in the event the work which is excluded from the project is accomplished by the Sponsor, the Sponsor shall maintain as a portion of the cost records covering this project, separable cost records pertaining to the above - identified work excluded from Federal participation under this project, which records shall be made available for inspection and audit by the FAA to the end that the cost of the excluded work may be definitely determined. 6of16 It is further understood and agreed that the Sponsor will submit a Program Statement/cost estimate depicting the excluded costs or a cost estimate depicting only those costs eligible for Federal participation in this project. S. Utility Relocation in Project. It is understood and agreed by and between the parties hereto that the United States shall not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs. FAA participation will be limited to those utilities located on private right-of-way or utilities that exclusively serve the Airport. T. Revenue from Real Property — Land in Project. The Sponsor agrees that all net revenues produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use be used only to fund projects which would be eligible for grants under the Act. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. U. Future Development Land. If this grant includes acquisition of land for future development, the Sponsor agrees to implement within five years of such grant the airport development that requires this land acquisition, unless the FAA agrees to a different duration. Furthermore, the Sponsor agrees not to dispose of the land by sale or lease without prior consent and approval of the FAA. In the event the land is not used within ten years for the purpose for which it was acquired, the Sponsor will refund the Federal share of acquisition cost or the current fair market value of the land, whichever is greater, unless the FAA agrees to a different duration. V. Runway Protection Zones. The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: 1. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. 2. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 3. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or less - than -fee interest in the Runway Protection Zones that presently are not under its control under an agreed schedule with the FAA. Said interest shall provide the protection noted in above Subparagraphs 1 and 2. W. Noise Projects on Privately Owned Property. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land until the Sponsor submits the agreement with the owner of the property required by Assurance 5d of the ASSURANCES Airport Sponsors, and such agreement is determined to be satisfactory. As a minimum, the agreement with the private owner must contain the following provisions: 1. The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as they may reasonably be requested by the Secretary or the Sponsor. 2. The property owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this grant agreement. Neither the FAA nor the Sponsor bears any responsibility for the maintenance and operation of these items. 3. If Federal funds for the noise compatibility measures are transferred by the Sponsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary or the Sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition of those funds. 4. The property owner's right to sue the owner of the noise -impacting Airport for adverse noise impacts will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures. This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed 20 years from the date of the Sponsor's acceptance of federal aid for the project. X. Update Approved Exhibit "A" For Land in Project. It is understood and agreed by and between the parties hereto that notwithstanding the fact that this grant offer is made and accepted upon the basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees that upon completion of an AIP funded land acquisition project, it will update said Exhibit "A" Property Map to standards satisfactory to the FAA and submit said documentation in final form to the FAA. It is further mutually agreed that the reasonable cost of developing said Exhibit "A" Property Map is an eligible administrative cost for participation within the scope of this project. Y. Friction Measuring Devices. If this grant includes acquisition of friction measuring devices, the Sponsor assures that it will properly calibrate, operate, and maintain the friction measuring equipment in accordance with the manufacturer's guidelines and instructions and Advisory Circular 150/5320-12. The friction measuring equipment and tow vehicle (if applicable) shall not be used for any other purpose other than for conducting friction measuring tests on airport pavement surfaces and directly related activities, such as training and calibration. 7of16 Z. Low Emission Systems. If this grant includes low emission systems work, the Sponsor agrees to the following conditions under the Voluntary Airport Low Emission (VALE) program: 1. Vehicles and equipment purchased with assistance from this grant shall be maintained and used for their useful life at the airport for which they were purchased. Moreover, any vehicles or equipment replaced under this program shall not be transferred to another airport or location within the same or any other nonattainment or maintenance area. No airport -owned vehicles or equipment may be transferred to, taken to, or used at another airport without the consent of the FAA in consultation with the United States Environmental Protection Agency and State air quality agency. 2. All vehicles and equipment purchased with assistance from this grant shall be clearly labeled using the VALE program emblem designed by the FAA. 3. The Sponsor shall maintain annual reporting records of all vehicles and equipment purchased with assistance from this grant. These public records shall contain detailed information involving individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions. The Sponsor certifies that it shall replace any disabled or seriously damaged vehicle or equipment purchased with assistance from this grant, at any time during its useful life, with an equivalent vehicle or unit that produces an equal or lower level of emissions. The Sponsor assumes all financial responsibility for replacement costs. The Sponsor also certifies that it shall fulfill this replacement obligation, beyond the useful life of the affected vehicle or equipment, for the possible longer life of Airport Emission Reduction Credits that were granted to the Sponsor for this vehicle or equipment. IV. ASSURANCES The following FAA document titled ASSURANCES Airport Sponsors, dated March 29, 2005, is incorporated as part of these Terms and Conditions: ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "Sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the Sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The Sponsor hereby assures and certifies, with respect to this grant that 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seg.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d. Hatch Act — 5 U.S.C. 1501, et seg.Z e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' 8of16 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' I. Title 49, U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.' i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' 9of16 Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-133 -Audits of States, Local Governments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. 1t, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the Sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the Sponsor shall insert in the contract or document transferring or disposing of the Sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the Sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the Sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 10 of 16 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 11 of 16 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the Sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the Sponsor will have in effect arrangements for- t ) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 12 of 16 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the Sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the Sponsor under these provisions. h. The Sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The Sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's Q 11%911 general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the Sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: I. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and II. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the Sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the Sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The Sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used 14 of 16 for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the Sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications - based requirement prescribed for or by the Sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (the latest approved version as of this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to 15 of 16 gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 16 of 16 i BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Ratification of a previously executed Federal Aviation Administration Grant providing funding to "Improve Utilities (water and sewer lines) Phl Design; Improve Taxiway Markings and Lighting; and Conduct Wildlife Hazard Assessment" at The Florida Keys Marathon Airport. ITEM BACKGROUND: Projects are being funded 95% by FAA, with match from Passenger Facility Charge Revenue and Operating. PREVIOUS RELEVANT BOCC ACTION: Approval for the Mayor to execute Airport Grants from FAA and FDOT as received in order to meet deadlines, with ratification at next BOCC meeting, Item C-2, 5-19-2010; Approval to submit PFC Application #13, 3-21-2007. CONTRACT/AGREEMENT CHANGES: New grant. STAFF RECOMMENDATION: Approval. TOTAL COST: $142,379.00 INDIRECT COST: NA BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None COST TO AIRPORT: $3,840.00 COST TO PFC: $3,654.00 REVENUE PRODUCING: NA APPROVED BY: County Attorney X DOCUMENTATION: Included X SOURCE OF FUNDS: FAA, PFC, Operating AMOUNT PER YEAR: O urchasing Not Required NA Risk Management DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Federal Aviation Administration (FAA) Effective Date: Execution Expiration Date: Open Contract Purpose/Description: Grant funding to: "Improve Utilities (water and sewer lines) Ph1 Design; Improve Taxiway Markings and Lighting; and Conduct Wildlife Hazard Assessment' at The Florida Keys Marathon Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 CONTRACT COSTS Total Dollar Value of Contract: $142,379.00 Current Year Portion: Budgeted? Yes Account Codes: pending set up for grant #044-028 Grant: Yes - FAA County Match: PFC, Operating ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed R er Date Out Yes No Airports Director 8 / 17 / 10 ( ) (yC) 8/ 17 /10 Risk Mana a nt Peter Horton urc asi ng/(/ /Png/(/I ( ) ( ) r nagement ) / for OMB County Attorney _/_/_ ( ) ( ) Suzanne Hutton 8/ 18 /10 County Attorney Comments: • 0 Orlando Airports District Office U.S. Department 5950 Hazeltine National Dr., Suite 400 of Transportatlon Orlando, FL 32822-5003 Federal Aviation Phone: (407) 812-6331 Administration Fax: (407) 812-6978 August 16, 2010 Mr. Peter Horton Director of Airports 3491 S. Roosevelt Blvd. Key West FL 33040 Dear Mr. Horton: RE: The Florida Keys Marathon Airport; Marathon, FL AIP Number 3-12-0044-028-2010 FDOT PFLs 0007729/8638/8709 Grant Offer We are enclosing the original and one copy of a Grant Offer for AIP Project No. 3-12-0044-®rnment -2010 for The Florida Key Maration Airport, in response to your Application for Federal Ass' ance daJune 15, 2010. Your acceptance of this Offer will constitute a Gra ent by which the will participate in the allowable costs of the project amounting to 142,379 ederal share). Once the authorized official has executed the Agreement and the Icial's signature has been notarized and sealed/stamped, the attorney for the Monroe County Board of County Commissioners must certify that the Sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part of the Sponsor. Please note that the Agreement is not legal unless the attorney signs it AFTER the Sponsor. If the terms of this Offer are satisfactory, please execute the document as soon as possible, but not later than September 1, 2010. To assist us in administrative reporting requirements you are requested to notify this office by emailing a PDF of signature page of the grant immediately upon executing the grant. Only the original executed grant needs to be returned to this office. The remaining copy is for your file. Please allow approximately 30 days after returning final executed grant to this office before attempting any drawdowns from the letter -of -credit account. 4art ly, rnace Acting Manager 2 Enclosures cc: w/enclosure (grant) Dionne Henry, FDOT/6 l,j AUG 1 i 2W v Al P4-W%GRANT AGREEMENT U. S. Department of Transportation Federal Aviation Administration Date of Offer: August 16, 2010 Project Number: 3-12-0044-028-2010 Recipient: Monroe County Board of County Commissioners (Herein called Sponsor) Airport: The Florida Keys Marathon Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety-five percent (95%) of the allowable costs incurred in accomplishing the project consisting of the following: "Improve Utilities (water and sewer lines) PH1 Design; Improve Taxiway Markings and Lighting; and Conduct Wildlife Hazard Assessment" as more particularly described in the Project Application dated June 15, 2010. The maximum obligation of the United States payable under this Offer shall be $142;379 for airport development. This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 of the United States Code, constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION sting Manager, Ai rts District Office ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions of Accepting Airport Improvement Program Grants" dated December 15, 2009. '.ed� %asy of f , 2oL �' /b/7r 2 �( := 1 Name of on - ignat of Sponsor's i ated Official Repres tative \ /a Vo r i t a /17 Title oX r �� ��'11 CERTIFICATE OF SPONSOR'S ATTORNEY COu /►- rri ey I, /l.l[Yt; �rr., t CS S e ;1 acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of State of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with theterms thereof. _ K e) Signature o popo sor's,/Attorney We CD December 15, 2009 U. S. Department of Transportation Faders/ Avlation Adm/n/sftdon TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the Sponsor accepts a Grant Offer from the FAA that references this document. The FAA may unilaterally amend the terms and conditions by notification in writing, and such amendment will only apply to grants accepted after notification. I. DEFINITIONS A. Sponsor -An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. B. Project -Work as identified in this grant Agreement. C. Primary Airport -A commercial service airport the Secretary of Transportation determines to have more than 10,000 passengers boarding each year. D. "this grant" - In this document the term "this grant" refers to the applicable grant agreement or grant agreements that incorporate(s) these Terms and Conditions as part of the grant agreement. II. CERTIFICATIONS Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the Sponsor that it will comply with statutory and administrative requirements in carrying out a project under the AIP. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting this grant, the Sponsor certifies that each of the following items was or will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the Sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants. General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), and Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are not significantly above the Sponsor's independent cost estimate. 4. If engineering or other services are to be performed by Sponsor force account personnel, prior approval was (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant -assisted contracts have been (will be) included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement; and future work will not be initiated beyond five years. B. Sponsor Certification for Project Plans and Specifications. AIP standards are generally described in Advisory Circulars 150/5100-6, Labor Requirements for the Airport Improvement Program; 150/5100-15, Civil Rights Requirements for the Airport Improvement Program; and 150/5100-16, Airport Grant Assurance One -General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports, as well as procurement/installation of equipment and facilities, is referenced in standard airport sponsor Grant Assurance 34 in this document. 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements; so no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specifications? 1 of 16 3. The development included (to be included) in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the Federally approved environmental finding. 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be) discussed with the FAA, as well as incorporated into the specifications; and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. C. Sponsor Certification for Equipment/Construction Contracts. General standards for equipment and construction contracts within Federal grant programs are described in Title 49, CFR, Part 18.36, AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program; 150/5100-15, Civil Rights. Requirements for the Airport Improvement Program; and 15015100-16, Airport Grant Assurance One -General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. 1. A code or standard of conduct is (will be) in effect governing the performance of the Sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. The procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects; and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid; b. The contract is to be awarded to other than the lowest responsible bidder; c. Life cycle costing is a factor in selecting the lowest responsive bidder; or d. Proposed contract prices are more than 10 percent over the Sponsor's cost estimate. 6. All contracts exceeding $100,000 require (will require) the following provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contact terms; and c. Compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and Executive Order 11738. . 7. All construction contracts contain (will contain) provisions for: a. Compliance with the Copeland "Anti -Kick Back" Act; and b. Preference given in the employment of labor (except in executive, administrative, and supervisory positions) to honorably discharged Vietnam -era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain (will contain) the following provisions: a. Compliance with the Davis -Bacon Act based on the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity. 10. All contracts and subcontracts contain (will contain) clauses required from Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. D. Sponsor Certification for Real Property Acquisition. General requirements on real property acquisition and relocation assistance are in Title 49, CFR, Part 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. The Sponsor's attorney or other official has (will have) good and sufficient title and title evidence on property in the project. 2. If defects and/or encumbrances exist in the title that adversely impact the Sponsor's intended use of property in the project, they have been (will be) extinguished, modified, or subordinated. 3. If property for airport development is (will be) leased, the following conditions have been (will be) met: a. The term is for 20 years or the useful life of the project; b. The lessor is a public agency; and c. The lease contains no provisions that prevent full compliance with this grant agreement. 4. Property in the project is (will be) in conformance with the current Exhibit 'A" property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. 2of16 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was (will be) obtained for the following: a. The right of flight; b. The right of ingress and egress to remove obstructions; and c. The right to restrict the establishment of future obstructions. 7. Appraisals prepared by qualified real estate appraisers hired by the Sponsor include (will include) the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. 8. Each appraisal has been (will be) reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, and the written appraisals and review appraisal are (will be) available to FAA for review. 9. A written offer to acquire each parcel was (will be) presented to the property owner for not less than the approved amount of just compensation. 10. Effort was (will be) made to acquire each property through the following negotiation procedures: a. No coercive action was (will be) taken to induce agreement; and b. Supporting documents for settlements are (will be) included in the project files. 11. If a negotiated settlement is not reached, the following procedures were (will be) used: a. Condemnation was (will be) initiated and a court deposit not less than the just compensation was (will be) made prior to possession of the property; and b. Supporting documents for awards were (will be) included in the project files. 12. If displacement of persons, businesses, farm operations, or non-profit organizations is involved, a relocation assistance program was (will be) established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 90-day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were (will be) provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance. General requirements for final acceptance and closeout of Federally funded construction projects are in Title 49, CFR, Part 18.50. The Sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of this grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, construction inspection, and testing were (will be) determined to be qualified as well as competent to perform the work. 2. Daily construction records were (will be) kept by the resident engineer/construction inspector as follows: a. Work in progress b. Quality and quantity of materials delivered c. Test locations and results d. Instructions provided the contractor e. Weather conditions f. Equipment use g. Labor requirements h. Safety problems i. Changes required. 3. Weekly payroll records and statements of compliance were (will be) submitted by the prime contractor and reviewed by the Sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-6 and 150/5100-15). 4. Complaints regarding the mandated Federal provisions set forth in the contract documents have been (will be) submitted to the FAA. 5. All tests specified in the plans and specifications were (will be) performed and the test results documented as well as made available to the FAA. 6. For any test results outside of allowable tolerances, appropriate corrective actions were (will be) taken. 7. Payments to the contractor were (will be) made in compliance with contract provisions as follows: a. Payments are verified by the Sponsor's internal audit of contract records kept by the resident engineer; and b. If appropriate, pay reduction factors required by the specifications are applied in computing final payments; and a summary of pay reductions are made available to the FAA. 8. The project was (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval is obtained from the FAA. 9. A final project inspection was (will be) conducted with representatives of the Sponsor and the contractor, and project files contain (will contain) documentation of the final inspection. 10. Work in this grant agreement was (will be) physically completed, and corrective actions required as a result of the final inspection are completed to the satisfaction of the Sponsor. 11. If applicable, the as -built plans, an equipment inventory, and a revised airport layout plan have been (will be) submitted to the FAA. 12. Applicable close out financial reports have been (will be) submitted to the FAA. 3of16 Sponsor Certification for Seismic Design and Construction. 49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed with the assistance of the FAA. Compliance will be met by adhering to at least one of the following accepted standards: 1. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including: a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601; b. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795; and c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213-1206. 2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirement of 49 CFR Part 41. G. Drug -Free Workplace. General requirements on the drug -free workplace within Federal grant programs are described in Title 49, CFR, Part 29 and the Drug -Free Workplace Act of 1988. Sponsors are required to certify they will provide, or will continue to provide, a drug -free workplace in accordance with the regulation. 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Sponsors workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug -free awareness program has been (will be) established to inform employees about: a. The dangers of drug abuse in the workplace; b. The Sponsors policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been (will be) given a copy of the statement required within item 1 above. 4. Employees have been (will be) notified in the statement required by item 1 above that, as a condition of employment under this grant, the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. III. GENERAL CONDITIONS A. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration under Title 49 U.S.C. B. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs, and settlement -will be made for any upward or downward adjustments to the Federal share of costs. C. The Sponsor shall carry out and complete the Project(s) without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to unilaterally terminate this grant if the Sponsor does not make at least one draw down of funds under their Letter of Credit or submit at least one written Request for Reimbursement, as applicable, in each twelve month period after grant acceptance. E. The Sponsor agrees to monitor progress on the work to be accomplished by this grant. For engineering services, the Sponsor agrees to make payment only for work that has been satisfactorily completed and that ten percent (10%) of the total value of the engineering services contract will not be paid to the Engineer until acceptable final project documentation is provided. F. The Sponsor agrees to submit final grant closeout documents to the FAA within 60 days after physical completion of the project(s), but no greater than four (4) years from the date of the grant, unless otherwise agreed to by the FAA. G. The FAA reserves the right to amend or withdraw this grant offer at any time prior to its acceptance by the Sponsor. H. This grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless this grant offer has been accepted by the Sponsor on or before 30 days after this grant offer but no later than September 30 of the federal fiscal year this grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. I. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. k shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. J. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this grant agreement. K. If, during the life of the project, the FAA determines that this grant amount exceeds the expected needs of the Sponsor by $5,000 or five percent (5%), whichever is greater, this grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, if there is an overrun in the eligible project costs, FAA may increase this grant to cover the amount of the overrun not to exceed the statutory fifteen (15%) percent limitation for primary airports or either by not more than fifteen percent (15%) of the original grant amount or by an amount not to exceed twenty-five percent (25%) of the total increase in allowable project costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding for non -primary airports. FAA will advise the Sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the Unted States shown in this grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the Sponsor's officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring in the said requested revision to the project work description and grant amount shall constitute an amendment to this Grant Agreement. L. If requested by the Sponsor and authorized by the FAA, the letter of credit method of payment may be used. It is understood and agreed that the Sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. M. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this condition. N. If this grant agreement includes pavement work that equals or exceeds $250,000, the Sponsor will perform the following: 1. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: a. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. c. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing Materials standards on laboratory evaluation, referenced in the contract specifications (D3666, C1077). d. Qualifications of engineering supervision and construction inspection personnel. e. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. f. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. 2. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. 3. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the 5of16 Cs] discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under this grant agreement. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that Sponsor tests results are inaccurate. Pavement Maintenance Management Program An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: a. Location of all runways, taxiways, and aprons; b. Dimensions; c. Type of pavement, and; d. Year of construction or most recent major rehabilitation. For compliance with the Airport Improvement Program (AIP) assurances, pavements that have been constructed, reconstructed, or repaired with federal financial assistance shall be so depicted. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available; i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. b. Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: a. Inspection date; b. Location; c. Distress types; and d. Maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport Sponsor may use any form of record keeping it deems appropriate; so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. Takeover of Instrument Landing System and Associated Equipment In Project. If this grant includes an instrument landing system and associated equipment and the FAA has agreed to takeover the system and equipment, the Sponsor must check the facility prior to its commissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach, or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR part 77 determines that to be acceptable, and mark and light the runway, as appropriate. Q. Airport -Owned Visual or Electronic NAVAIDS In Project. If this grant includes a visual or electronic navigational aid, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment and check the facility prior to its commissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable, and mark and light the runway, as appropriate. The FAA will not take over the ownership, operation, or maintenance of any sponsor -acquired equipment other than an AIP-funded instrument landing system and associated equipment where FAA agrees to take over the system and equipment. R. Non-AIP Work In Application. It is understood and agreed by and between the parties hereto that notwithstanding the fact that a Project Application may include therein the construction of work not included in this grant agreement project description, said work shall not be a part of this project and, if or to the extent accomplished by the Sponsor, such accomplishment shall be without any participation in the costs thereof by the United States under this project. It is further understood and agreed that, in the event the work which is excluded from the project is accomplished by the Sponsor, the Sponsor shall maintain as a portion of the cost records covering this project, separable cost records pertaining to the above - identified work excluded from Federal participation under this project, which records shall be made available for inspection and audit by the FAA to the end that the cost of the excluded work may be definitely determined. 6of16 It is further understood and agreed that the Sponsor will submit a Program Statement/cost estimate depicting the excluded costs or a cost estimate depicting only those costs eligible for Federal participation in this project. S. Utility Relocation in Project. It is understood and agreed by and between the parties hereto that the United States shall not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs. FAA participation will be limited to those utilities located on private right-of-way or utilities that exclusively serve the Airport. T. Revenue from Real Property — Land in Project. The Sponsor agrees that all net revenues produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use be used only to fund projects which would be eligible for grants under the Act. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual sources and uses of these funds. U. Future Development Land. If this grant includes acquisition of land for future development, the Sponsor agrees to implement within five years of such grant the airport development that requires this land acquisition, unless the FAA agrees to a different duration. Furthermore, the Sponsor agrees not to dispose of the land by sale or lease without prior consent and approval of the FAA. In the event the land is not used within ten years for the purpose for which it was acquired, the Sponsor will refund the Federal share of acquisition cost or the current fair market value of the land, whichever is greater, unless the FAA agrees to a different duration. V. Runway Protection Zones. The Sponsor agrees to take the following actions to maintain and/or acquire a property interest, satisfactory to the FAA, in the Runway Protection Zones: 1. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. 2. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 3. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or less - than -fee interest in the Runway Protection Zones that presently are not under its control under an agreed schedule with the FAA. Said interest shall provide the protection noted in above Subparagraphs 1 and 2. W. Noise Projects on Privately Owned Property. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land until the Sponsor submits the agreement with the owner of the property required by Assurance 5d of the ASSURANCES Airport Sponsors, and such agreement is determined to be satisfactory. As a minimum, the agreement with the private owner must contain the following provisions: 1. The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as they may reasonably be requested by the Secretary or the Sponsor. 2. The property owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this grant agreement. Neither the FAA nor the Sponsor bears any responsibility for the maintenance and operation of these items. 3. If Federal funds for the noise compatibility measures are transferred by the Sponsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary or the Sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition of those funds. 4. The property owner's right to sue the owner of the noise -impacting Airport for adverse noise impacts will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures. This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed 20 years from the date of the Sponsor's acceptance of federal aid for the project. X. Update Approved Exhibit "A" For Land in Project. It is understood and agreed by and between the parties hereto that notwithstanding the fact that this grant offer is made and accepted upon the basis of the current Exhibit "A" Property Map, the Sponsor hereby covenants and agrees that upon completion of an AIP funded land acquisition project, it will update said Exhibit "A" Property Map to standards satisfactory to the FAA and submit said documentation in final form to the FAA. It is further mutually agreed that the reasonable cost of developing said Exhibit "A" Property Map is an eligible administrative cost for participation within the scope of this project. Y. Friction Measuring Devices. If this grant includes acquisition of friction measuring devices, the Sponsor assures that it will properly calibrate, operate, and maintain the friction measuring equipment in accordance with the manufacturer's guidelines and instructions and Advisory Circular 150/5320-12, The friction measuring equipment and tow vehicle (if applicable) shall not be used for any other purpose other than for conducting friction measuring tests on airport pavement surfaces and directly related activities, such as training and calibration. 7of16 Low Emission Systems. If this grant includes low emission systems work, the Sponsor agrees to the following conditions under the Voluntary Airport Low Emission (VALE) program: 1. Vehicles and equipment purchased with assistance from this grant shall be maintained and used for their useful life at the airport for which they were purchased. Moreover, any vehicles or equipment replaced under this program shall not be transferred to another airport or location within the same or any other nonattainment or maintenance area. No airport -owned vehicles or equipment may be transferred to, taken to, or used at another airport without the consent of the FAA in consultation with the United States Environmental Protection Agency and State air quality agency. 2. All vehicles and equipment purchased with assistance from this grant shall be clearly labeled using the VALE program emblem designed by the FAA. 3. The Sponsor shall maintain annual reporting records of all vehicles and equipment purchased with assistance from this grant. These public records shall contain detailed information involving individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions. The Sponsor certifies that it shall replace any disabled or seriously damaged vehicle or equipment purchased with assistance from this grant, at any time during its useful life, with an equivalent vehicle or unit that produces an equal or lower level of emissions. The Sponsor assumes all financial responsibility for replacement costs. The Sponsor also certifies that it shall fulfill this replacement obligation, beyond the useful life of the affected vehicle or equipment, for the possible longer life of Airport Emission Reduction Credits that were granted to the Sponsor for this vehicle or equipment. IV. ASSURANCES The following FAA document titled ASSURANCES Airport Sponsors, dated March 29, 2005, is incorporated as part of these Terms and Conditions: ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "Sponsor' includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the Sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The Sponsor hereby assures and certifies, with respect to this grant that: General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation Title 49, U.S.C., subtitle VII, as amended. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. Hatch Act — 5 U.S.C. 1501, et sea.z Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.' Y National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' 8of16 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. I. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4. o. Age Discrimination Act of 1975 -42 U.S.C. 6101, et sea. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 42 U.S.C. 4151, et sea.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.' t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321. at seg.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b, 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.' i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 m. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' 9of16 Office of Management and Budget Circulars A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. A-133 - Audits of States, Local Governments, and Non -Profit Organizations These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to•be carried out on the property of the Sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the Sponsor shall insert in the contract or document transferring or disposing of the Sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the Sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the Sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 10 of 16 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated, by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 11 of 16 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the Sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretarys approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the Sponsor will have in effect arrangements for- 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 12 of 16 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the Sponsor will insert and enforce provisions requiring the contractor to- 1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using.such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, fine, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the Sponsor under these provisions. h. The Sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. I. The Sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operators facilities, including the airport, to support not only the airport but also the airport owner or operators 13 of 16 general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. As part of the annual audit required under the Single Audit Act of 1984, the Sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: I. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and it. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the Sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the Sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The Sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used 14 of 16 for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the Sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications - based requirement prescribed for or by the Sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United. States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (the latest approved version as of this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction, If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to 15 of 16 gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 16 of 16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of Purchase Service Order 409/10/15 with URS for Pavement Rehabilitation for Aircraft Parking Areas and Connections at the Key West International Airport. ITEM BACKGROUND: This project is funded 95% by the Federal Aviation Administration, with match from Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application 913, 3-21-2007. CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval. TOTAL COST: $30,000.00 COST: DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None NA BUDGETED: Yes SOURCE OF FUNDS: FAA, PFC COST TO AIRPORT: None COST TO PFC: $1,500.00 REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: NA APPROVED BY: County Attorney OMB/Purchasing i( Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 270 days Contract Purpose/Description: PSO #09/10/15 to prepare plans and specifications for pavement rehabilitation for aircraft parking areas and connections at Key West International Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $30,000.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #037-43 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director 8 / / 10 ( ) ( ) 8/ 2 /10 Peter Horton Risk Management for Risk Management O.M.B./Purchasing County Attorney _/_/_ () for O �� �ti�` /Z7/L6 orney Comments: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 270 days Contract Purpose/Description: PSO #09/10/15 to prepare plans and specifications for pavement rehabilitation for aircraft parking areas and connections at Key West International Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $30,000.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) Date In Airports Director 8 / / 10 Risk Management Ol./Purchasing 0/ @ CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #037-43 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Needed Reviewer Yes No County Attorney Comments: Peter Horton for �iskMa Bement for OM County Attorney Date 8/ 2 /10 A13t69 PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Corporation Southern Purchase Service Order No. 09/10/15 Re: PSA Agreement, Dated: 4-1-07 Resolution Project Name: EYW — Pavement Rehabilitation for Parking Areas and Connections Description of Services: Prepare plans and specification for construction of aircraft PCC Parking pads. Multiple of Direct Salaries Lump Sum X Days to Complete 270 Reimbursable Expense Fee this Service Order $ 30,000.00 Payment for Services shall be in their entirety as per PSO. Prepared by: Recommen b Milford A. Reisert Date: c;2-2- Accepted by: �z a,--f � Carlos Garcia Date: 7- 2 (O "j 6 Approved by: Date: 2Z- �� U Date: D � tUIONR C UNTY LJ �CF OV D AS J UV MAR 0 2 2010 -- ASSISTANT CO T' gy N:�ADMISIAATIV_ ATTO R N EY Z7 / 1 09-10-15.DOC 0 00 0 o O 0OpoO o O o O (Do O o oOO O O O o 0 0 0 0 0 0 OCD MN LOOO 0 WlehhhOw O C7 C (70 l() C CO OCD N O M 0 CT) C')M O O O O O Qp M 0N O"i M CD I- E N— r'q — a CV .-CO N M Q ww wwwwwwwwww w w w w 0 MC() n 0)CN O= 0 0 0 IN ' CD 000O COO cci wa ww wwwwwwwwwww _ H C) �a 0000p0000�m 2 O 0 00000g000 00000 Ooo 0 0 o� d00000O6Q6 ' 0 �O O 000D co00 CD COO_�CO NCO COO E 00 C v w w w w w w w w w w w w w w H 0 0 00 NpCO N NCON �Co U S 00 0O ppOOaOO O O O O p O OOOOO O O O O O D ' p Q�aO p Qi �O LONN N r-fhO W Q m CO a w w w w w w w w w w w w K w Q) C 3 ON a-VpOCOp p co N 1O0 � d W _ O m pp O o0 0 0 OOOOO9pOooO 0 0 0 0 0 0 0 0 0 O C d J W a .J Sri oci 0000CDouioo to F, Z M r ¢ hh NN hhtl'hhhMhh NNIIAA N 04 04 04N O O LLJ 2' p CQ M QOQ Z Z 2 N w ww wwwwwwwwww w O 0: z = N W (_) LLI F- Q g Q Z C C0 0 NN ONN-TNN 04 NN M N a w a w O O o O O O 00 - ' pp 0 0 0 0 0 0 0 O O y Y COO 0 ' N, v o '�Y � O N � COD M N t� O I�- h l0 a ¢0 w www w w w w w w w w w dco •O O pO O V OOpO co IT 04 Yr � O a = V N 0 a a m y 7 C 0y Cn Ta a y C S Q a C C) C y d C � O •c N clUi g d C f6 C V co Y y C N y .01 C C9 � � CC O _ C.7 U O C @ _ _ C C C) l6 .0 W a . O . C O @ C) O' ) Q1 C C C y C IA C O` C) -C CC CL n C •� «yy. C) d C Co iCD y C •C N N 'C co R y C y •rt C .s C C [p E o co r, S6E Cm 70 C~'2CC6 V C E O $ C m a$ a)t -0c cu �dyN E �E EC7° ma Qayi ��o a0-0 Egilc�aa°rmaa Nal I r- N c•> C6 a Ci 'C C� wi BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of Purchase Service Order #09/10/16 with URS for Drainage study, plans and specifications for rehabilitation of the Air Carrier Ramp, including connecting taxiways #9, #10 and # 11 at the Key West International Airport. ITEM BACKGROUND: This project is funded 95% by the Federal Aviation Administration, with match from Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application #13, 3-21-2007. CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval. TOTAL COST: $118,000.00 INDIRECT COST: NA BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None SOURCE OF FUNDS: FAA, PFC COST TO AIRPORT: None COST TO PFC: $5,900.00 REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: NA APPROVED BY: County Attorney uZi OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 270 days Contract Purpose/Description: PSO #09/10/16 to prepare drainage study, plans and specifications for rehabilitation of the Air Carrier Ramp, including taxiways #9, #10 and #11 at the Key West International Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $118,000.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) Date In Airports Director 8 12J4 10 Risk Management O.M.B./Purchasing County Attorney Comments: CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #037-43 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Needed Yes No Reviewer Peter Horton fnr Rick ManaaPnnPnt Date Out 8/ 26/10 v MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 270 days Contract Purpose/Description: PSO #09/10/16 to prepare drainage study, plans and specifications for rehabilitation of the Air Carrier Ramp, including taxiways #9, #10 and #11 at the Key West International Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $118,000.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) Date In Airports Director 8 /2010 Risk Management /�J/ i 1 O./Purchasing County Attorney Comments: CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #037-43 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Needed Yes No Reviewer County Attorney 1"� Date O 8/ 16/10 sS' h l * 1 Z 3 3 ^-Z- PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Corporation Southern Re: PSA Agreement, Dated: 4-1-07 Purchase Service Order No. 09/10/16 Resolution Project Name: EYW — Drainage Rehabilitation for air Carrier Ramp Description of Services: Prepare drainage study and plans and specification, for rehabilitation of the air carrier ramp including connecting taxiways 9, 10 and 11. Multiple of Direct Salaries. Lump Sum X Days to Complete 270 Reimbursable Expense Fee this Service Order $ 118,000.00 Payment for Services shall be in their entirety as per PSO. Prepared by: Milford A. Reisert Date: -2— Z 7 ,5 Accepted by: g 6t--"<6L' Carlos Garcia Date: Zo Recommended by: Date: Approved by: Date: MOtNE! OUN;TYAIT TOR EY FED A��MAR O 2 ZO1O SSISTACOU TORNEY �/ Z 7� (s Date A ((( N:VIDMINISTRATIVE ASSISTANTV3AA•RECEPTIONISTIPSO103101PS0.09-10-16.DOC m p. CDa amWiv- +p C) �nm33m< n�cnv0v��v ,•�N C0 3 CD 3 =m T N N f £' G) cD y T o = m , `� ur y �(/� p z p, a N O = O m 9• yyy M f mwd�=°o W dc+ R N CL 0 n °�- °: d (A4 m N ai 71 g Q� CD o C � p• N O O y O _ CL 01 = N O 73 7 CD S CD olN101�lml�l�l�lJl I" Eco A &! Hi 6A EA 6pp9, EA H 69 f�flp co co 4 O ODW S O O S 0 4 0 0 0 0 O C O 0 O 0 O 0 O 0 O C 0 O0 O COD O MMMMMMMMMMR o 4f O o 0 0 0 0 0 0 pp _ S S S S C. S S O O ~ O x:0m W IWVA000'7 CAOOAO' •PN �• • fD df fA 69 EA fA 69 In to lA M H) to CA <A b9 w w r D pCTp wpp CO V f71 <T t0 CO W N 0 cD JID C r 0 0 0 C D 0p0 0 0 0 V t p0 0 r- �^ O O S O O O cD 0 0 4 0 0 S O O 0 W OA co OD?ON 00NA NO 07 OD N N O EA EA M b9 w EA fA lA -A fA to 69 EA In cA o D = �p s � .r. � f7• CT W CA W 0 V ?i CA to W p Cn NAA NOOOAmN CA C co O p Op O O O O O O p O O O O O S p O S O S O S 0 0 S' O w 0 A A o o 0 0 0 0 0 0 O a C � � n FA CA fA w FA EA 4A EA 69 iA I to EA 40 W N C A A Oi 07 O 0) O O 0 � O O ... O O O O ' O A z0 SV N W N CT 0 0 0) G O A O W O S� 0 0 0 0 � y^ in bi CA H fA fA to fA to 69 CA di foH CAO ON [aNOAiA WN �-• �p A w N V O N GI IV A W N 01 C N O .P O A w CT CA O 07 O O — C So 0 0 0 0 0 O C O 0 0 0 O O O O O 0 O O 0 0 0 O 0 0 O 0 A O m -+ z D D m m Z � �u N D = o O > o z > D D � vO Z O M BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of Purchase Service Order #09/10/29 with URS to prepare plans and specifications for the installation of a baggage handling elevator at the Key West International Airport. ITEM BACKGROUND: This project is funded 95% by the Federal Aviation Administration, with match from Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application #13, 3-21-2007. CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval. TOTAL COST: $37,291.00 INDIRECT COST: NA BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None SOURCE OF FUNDS: FAA, PFC COST TO AIRPORT: None COST TO PFC: 1 864.55 REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: NA It APPROVED BY: County Attorney OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 240 days Contract Purpose/Description: PSO #09/10/29 to prepare plans and specifications for the installation of a baggage handling elevator at the Key West International Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $37,291.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) Date In Airports Director 8 /L4 10 Risk Management/— O.M.B./Purchasing —/—/— County Attorney —/—/— Comments: CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #037-43 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Needed Yes No Reviewer / I Pe er Horton for Risk Management Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 240 days Contract Purpose/Description: PSO #09/10/29 to prepare plans and specifications for the installation of a baggage handling elevator at the Key West International Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $37,291.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) Date In Airports Director 8 /Z* 10 Risk Management k-o,7/( d O.&./Purchasing __C/A County Attorney _/—/— Comments: CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #037-43 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Needed Yes No Reviewer County Attorney PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Corporation Southern Purchase Service Order No. 09/10-29 Re: PSA Agreement, Dated: 4-1-07 Resolution Project Name: EYW — Baggage Elevator Installation Description of Services: Prepare plans and specifications for the installation of a baggage elevator for baggage handling. See attached Scope of Work. Multiple of Direct Salaries Lump Sum Days to Complete 240 Reimbursable Expense Fee this Service Order $ 37,291.00 Payment for Services shall be in their entirety as per PSO. Prepared by: Recommended by: Milford A. Reisert Date: %z 3- /o Accepted by: Carlos Garcia Date: /�o`L l �`� O Date: Approved by: Date: p RCADO % TANT C UNTY ATTORNEY 8 Z1/ ( U Date MMMINISTRATIVE ASSISTANTIAAA-RECEPTIONIST1PS0109-10\PSO-09-10-29.DOC SCOPE OF WORK Prepare plans and specifications for the installation of a baggage elevator for baggage handling and emergency back up use. This work was originally part of the New Terminal Design plans, but due to the lack of funds the work was deleted from the contract. Now the County is requesting to add the baggage elevator and the contract documents needs to prepare to bid the project. The work includes the design services including bidding support and construction general supervision (2 site visits) This Work Order does not include a resident project representative (RPR). K N� 0 -4 V1IA N a n v' p W I N 77 o a 0' C� 0 CD M. F CD <33°.<m<_° F 3 g< 0 v 3@� � m o 3 a T" m y. � O0 7 0 O ... N z cn CD f 0 3 v > > y � m O (p :3X N G1 11 C - N C .C.. N N v 3 d d N 3 CD CD CD CD � CD CD CD 0N !A y 7 (O �. 07 O 0 O 01 G O rn CL Flo °' v m CDj CD —m CD0 D iy F (n d a o CD cn z (� CD O O. o x C c O 5 g CD m CDK 5) ' 0 m 0 CD m O N � 7 n y N O :3 N N i ! O (D v N N N (D ao GD C N O O N CD O. N _.. fA 67 EA 69 EA fAl(A EA fA EA 69 EA D CD -4 NiA W W A O 3Lo C W W O O O) O 0 0 W 0 0 0 O O S O m D 0 0 0 0 0 0i0 0 0 0 0 { O 0 0 0 0 0 O!O o� a 0 O O m D O - x�m O � m =3 CD Z r y Rl � m C Z D 59 4A to cA 4A EA 69i EA fA to to =• W x O D O N 3 m O C O W NNfO V V N V W W CA A N, V ) l j X O Z cn Z p pp- O00 ' oOI cm: o - O D cn 0000000 00I -o r 0000000 00 O D _ x m 7 0 -Di W N O) A COO) N AN C 0 O NOD y m CD Z _ N fA 69 (A! fA [A lA H fA EA 69 b9 D Ut O Cn M N V Cn �; N > � A A V m w m V (D W fD C(o Cn CO7 0 O 0000000 O O O O O O O OO OO > "' .. O O CD CD CD O CD 0 0 O j Sz7n W O co O p co co N A N C C fA EA EA EA W CD fA S W W fA <A EA 7 O W W 3 n O A O A A D) N O C N 7 O O O O O O O O O OI O O O O. O 0 O 0 O O O O O,O O O O O O; O Ln cn O O I O O I O O O C:) C O N o RL EA!4A tA� to to C F» to to u+ E» FA D o o c o 00 O O O o o N �NA ANO)� oO)II N y w EA EA (A 69 EA EA EAI EA EA fA EA V N A .n - D7 V Q) N 33 A7 N O (D � OD A -+ ��Cn Cn E A C (D (D O (D V O A O N (p O U1 U1 N W U1 O OD O N O — O O O O O 0 0 O 0 0 0 O 0 0 0 0 0 0 0 OI O OI O 0 O OI BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of Purchase Service Order #09/10/34 with URS to conduct a Wildlife Hazard Assessment to identify hazardous wildlife attractants and species utilizing The Florida Keys Marathon Airport. ITEM BACKGROUND: This project is funded 95% by the Federal Aviation Administration with match from Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application #13, 3-21-2007. CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval TOTAL COST: $58,133.00 INDIRECT COST: NA BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None COST TO AIRPORT: None COST TO PFC: $2,906.00 SOURCE OF FUNDS: FAA, PFC REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: NA APPROVED BY: County Attorney �q OMB/Purchasing Risk Management DOCUMENTATION: Includa X Not Required DISPOSITION: AUG 3 0 2010 V AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 360 days Contract Purpose/Description: Purchase Service Order #09/10/34 to conduct a Wildlife Hazard Assessment to identify hazardous wildlife attractants and species utilizing The Florida Keys Marathon Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $58,133.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #044-028 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Date Out Yes No ;viewer Airports Director 8 /2410 ( ) ( ) 8/ i` /10 Peter Horton Risk Management for Risk Management O.M.B./Purchasing _/_/_ ( ) ( ) CountyAttorney �� ( )jj for �/ �/ G Comments: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 360 days Contract Purpose/Description: Purchase Service Order #09/10/34 to conduct a Wildlife Hazard Assessment to identify hazardous wildlife attractants and species utilizing The Florida Keys Marathon Airport. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 Total Dollar Value of Contract: $58,133.00 Budgeted? Yes Grant: Yes - FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: Account Codes: pending set-up for Grant #044-028 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Yes No viewer Date Airports Director 8 /24 10 ( ) ( ) 8/ LC. /10 Risk Management , / i /�U ( ) (� rHrtn 9 /, / O.I�Purchasing � /�/ 10 ( ) (� for isk ement ! / for OMB County Attorney County Attorney Comments: PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Corporation Southern Re: PSA Agreement, Dated: 4-1-07 Purchase Service Order No. 09/10-34 Resolution Project Name: MTH — Conduct Wildlife Hazard Assessment Description of Services: (See attached Scope of Services) Multiple of Direct Salaries Lump Sum X Reimbursable Expense Days to Complete 360 Fee this Service Order $ 58,133.00 Payment for Services shall be in their entirety as per PSO. Prepared by: Recomme Milford A. Reisert Date: 7-2 7 10 Accepted by: Carlos Garcia Date: 7 � L-2-� Date: Approved by: Date: MO OUNTY ED AS � TTORNEY t �/I1LJV A-gs-1 C NTY ATTORNEY Date E PTIONIST\PSO\09-10\PSO-09-10-34. DOC r I:- ' i.NVIRONMENTAL CONSULTING, INC. FE7' Attachment "A" PROPOSAL Conduct a Wildlife Hazard Assessment At Marathon Airport, Marathon FL Introduction: Marathon Airport (MTH) is a public airport located in the Florida Keys. Currently it is certified under FAR Part 139, but is used only for General Aviation (GA) purposes. At this time there are no commercial air carriers serving the Airport. Although the Airport has had no recent bird strikes, the Federal Aviation Administration (FAA) certification inspector expressed concern about the number of birds observed at the Airport and the potential for bird strikes. Consequently, the Airport was requested by the FAA to prepare a Wildlife Hazard Assessment (WHA). Subsequently, URS Corporation Southern (Miami Office) contacted Feher Environmental Consulting, Inc. (FEC) to submit a proposal and fee estimate to prepare the WHA. Objective: Conduct a WHA to identify hazardous wildlife attractants and species utilizing the Airport. Assumptions Used and Basis for This Proposal: Generally speaking, FAA guidelines suggest field -data collection to cover a four -season cycle, over a 12 month period, with a minimum of two field -days on site for wildlife observations. The intent of these guidelines is to collect adequate data to form an understanding of the hazardous wildlife situation at airports. In consideration of the small size of the Airport, the limited number of operations at MTH, and the relatively small population of potentially hazardous wildlife at the Airport, FEC recommends conducting the equivalent of eight months of data collection over a one-year period as outlined under Task 1 below. It is FEC's opinion this would provide adequate field observations and data, yet result in substantial cost savings. Page 1 of 3 a c..rif=f-R ENVIRONMENTAL CONSULTING, INC. SCOPE OF SERVICES TO BE PROVIDED BY FEC. Task 1: Document Reviews and Data Collection FEC will develop a Wildlife Hazard Assessment Plan for conducting field observations based on data obtained from wildlife incident reports, preliminary reconnaissance of the Airport property, adjacent land uses, and information obtained from Airport staff. FEC is proposing to conduct field work at MTH as follows: Two field -days per month over eight months, though four -seasons, in a one-year period. Field observations would be conducted each day at dawn, mid -day and dusk, with one night-time observation per season. A total of sixteen (16) observation days would be completed, yielding forty-eight (48) daytime and four (4) night-time observation periods. FEC will develop a habitat map for MTH using the Florida Land Use, Forms and Cover Classification System (FLUCCS). This will be used to identify hazardous wildlife attractants at the Airport. FEC will investigate hangars and other structures for nesting by hazardous wildlife. In addition, the perimeter fence will be evaluated for breaks and holes that could provide access to the Airport by feral dogs and other large mammals. FEC will review and evaluate bird -strike data and airport habitat at MTH for potential hazardous wildlife activities, habitats, and attractants. FEC will evaluate current hazardous wildlife managent practices at the Airport as part of the Data Collection Task. Task 2: Document Preparation FEC will prepare the Wildlife Hazard Assessment Report in conjunction with airport staff. The Report shall be a stand-alone, one -volume document. It is anticipated that the document will be approximately 50 — 75 pages with graphics no larger than 11" x 17". Text will be prepared using MS Office / MS Word; graphics will be in color where applicable. Task 3: Coordination and Meetings FEC allocated two (2) miscellaneous meetings with Airport staff. trips for coordination/document review Page 2 of 3 ENVIRONMENTAL. CONSULTING, INC. iJ. ( :�r,�:. ':�. f L. ,7f;� C)Hiic2 i'I�%f= X '!) ��77 US�8d Task 4: Deliverables FEC will prepare five (5) hard copies of the Draft Report; distribution to be determined later. Submittal of the Draft Report to the FAA is not anticipated. FEC will prepare ten (10) hard copies of the Final Report; distribution to be determined later. Submittal of the Final Report to the FAA is included. SCHEDULE Project start is anticipated to be 2011. FEC projects to complete all Tasks within sixteen (16) months following Notice -to -Proceed. COMPENSATION Compensation to FEC shall be $ 58,133.00 Dollars. Page 3 of 3 Am A ... .. . ..... MIMI I A L IAIIIi�• W" I - ----- -- ..... j TV .77 ...... ..... A7 41- 'r -:--- - - - SUMMARY OF ENERGY EFFICIEINCY COMMUNITY BLOCK GRANT GRANT # - ARS O 10 Responsible in Thousand Dollars* Project Task Entity Grant $ Match $ Total $ Solar Water Monroe $130 $56 $186 Education/Outreach Monroe $30 $105 $135 Energy Strategy Monroe $20 $104 $124 Co. Facility Retrofit Monroe $700 $74 $774 5 Hybrid Vehicles Monroe $120 $7 $127 Administration Monroe $143 $8 $151 County Subtotal $1,143 $354 $1,497 Ball Park Lights Key West $745 $94 $839 GHG Inv., Lights Marathon $400 $107 $507 Solar Park Lighting Islamorada $400 $48 $448 GRAND TOTAL $2688 $603 $3291 *(numbers may be different than actual grant amounts due to rounding errors) FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS THIS AGREEMENT is entered into between the STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR (EOG), FLORIDA ENERGY AND CLIMATE COMMISSION whose address is 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001 (hereinafter referred to as the "Commission") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1100 Simonton Street, Key West, FL 33040-3110 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide financial assistance for the Energy Efficiency and Conservation Project. In consideration of the promises and mutual agreements contained herein, the Commission and the Grantee acknowledge and agree as follows: The United States Department of Energy (USDOE) awarded funding to the Commission pursuant to USDOE through American Recovery and Reinvestment Act (ARR.A) Grant Agreement No. DE- EE0000241. The Grantee shall be a sub -grantee of federal financial assistance from USDOE. The Grantee is responsible for complying with the appropriate state and federal guidelines in the performance of its activities pursuant to this Agreement. 2. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, its attachments and exhibits named and incorporated by reference. For purposes of this Agreement the terms "Grantee" and "Recipient" are used interchangeably. 3. This Agreement shall begin upon execution by both parties and end no later than April 30, 2012, inclusive. If allowed by USDOE, this Agreement shall be effective upon execution for purposes of reimbursement of allowable costs resulting from obligations incurred and meeting the cost share or match requirements as described in Attachment A, Grant Work Plan. Profit to the Grantee, or any of its subgrantees, is prohibited by 10 Code of Federal Regulations (CFR) Part 600. This Agreement may be amended to revise Attachment A, Grant Work Plan, if additional funding is made available by the USDOE and/or the Florida Legislature. 4. A. The Grantee shall be eligible for reimbursement of allowable costs resulting from obligations incurred during the term of this Agreement. The Commission shall reimburse the Grantee for allowable costs on a not more frequently than monthly cost reimbursement basis in an amount not to exceed $2,687;288 after receipt and approval by the Commission's Grant Manager of satisfactory reports and documentation as required in this Agreement. The parties agree that the Grantee is responsible for providing a minimum match of $� toward t e project S 6d.Z,8 4 7 described in Attachment A, Grant Work Plan. All cost sharing or match shall meet any applicable B4 federal requirements. B. Prior written approval from the Commission's Grant Manager shall be required for changes between approved, funded budget categories up to 10% of the total, approved Grant funds. Approval of such changes will be contingent upon submission of a revised Project Budget. Budget category changes greater than 10%, the addition of previously unapproved or unfunded budget categories or the addition of previously unapproved or unfunded budget line -items, will require a formal written amendment to the Agreement. The Commission agrees to review a request by the Grantee to modify Attachment A, Grant Work PIan, should the Grantee find, after receipt of competitive bids, that the project described in Attachment A, Grant Work Plan, cannot be accomplished for the current estimated project cost. If the Commission agrees to a modification of Attachment A, Grant Work Plan, it may be modified not to exceed the awarded funding identified Grant Agreement No. ARS010, Page I of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 above. Any such modification would be by formal written amendment, in accordance with 'Section 37. Nothing in this Section or Agreement is intended nor implies to guarantee approval of a request to modify or adjust Attachment A, Grant Work Plan, or the available project funding. C. All reimbursement requests under this Agreement shall be submitted using the Attachment B, Payment Request Summary Form, format in detail sufficient for a proper pre -audit and post -audit thereof. The Grantee shall submit a properly completed Attachment B, Payment Request Summary Form, with supporting documentation of allowable costs, including for the final reimbursement request, as described below in paragraph 4.D. Ten percent of each approved reimbursement request shall be retained by the Commission pending Grantee's compliance with Section 8. D. All reimbursements under this Agreement shall be in compliance with the laws, rules and regulations applicable to the expenditure of State and federal funds. The State of Florida guidelines for allowable costs include, but are not limited, to the Florida Department of Financial Services' Reference Guide for State Expenditures located at. htte://www.myfloridacfo.com. Federal program guidelines for allowable costs and related topics are listed in Attachment E, Federal Regulations and Attachment F, Federal Funding Grantee, Sub -grantee and Contractor Provisions, The Grantee must provide a detailed listing of expenditures made under this Agreement as support for the Payment Request Summary Form. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, check or voucher number, amount paid and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel requirements including mandated forms required by Section 112.061, Florida Statutes. E. In addition to the requirements contained in paragraphs 4.0 & D above, the Commission may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State of Florida guidelines. When requested, this information must be provided within 30 calendar days of such request. 5. The Commission's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and the availability of federal funding for the specific purpose of funding the Commission's obligations under this Agreement. In the event of a State revenue shortfall, withdrawal of State budget authorization and/or rescission of federal funding, the total funding may be reduced accordingly. The Commission, in accordance with direction from the Governor and/or the Florida Legislature, shall be the final determiner of the availability of any funds. 6. The Grantee shall submit, using Attachment C, Monthly Progress Report, monthly updates. to describe the project progress, work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period, Attachment B, Payment Request Summary Form may not be submitted more frequently than on a monthly basis and must be accompanied by an Attachment C, Monthly Progress Report, for the corresponding month. Attachment C, Monthly Progress Reports shall be submitted to the Commission no later than three calendar days following the completion of the monthly reporting period. The Commission's Grant Manager may request additional information if the Commission's Grant Manager determines it is necessary. The Commission's Grant Manager shall have ten calendar days to review deliverables and payment requests submitted by the Grantee. 7. The Grantee shall submit an Annual Report 15 calendar days after the end of the first year of the project, if the term of the project exceeds one year. The Annual Report shall provide a narrative detailing and evaluating the accomplishments and impact of the project in the prior twelve months. The Annual Report shall follow the format described in Attachment K, Annual Report. 8. The Grantee shall also submit a Final Report 15 calendar days prior to the expiration date of the Agreement. The Final Report will provide a final narrative detailing and evaluating the accomplishments and impact of the project. The Final Report will include an evaluation of the energy savings directly Grant Agreement No..ARS010, Page 2 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 attributable to the project, projections of estimated energy savings expected to accrue from the project and policy recommendations, which may be helpful in implementing other projects of a similar nature. Pursuant to paragraph 4.C, 10% of the total Agreement amount identified in paragraph 4.A will be withheld until receipt and approval of the Final Report. Each parry agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 10. A. Commission staff will perform compliance monitoring during the term of the Agreement, in addition to the review of Monthly Progress Reports, but not less than once a year, to ensure Agreement compliance. Monitoring shall include, but not be limited to, periodic review of compliance with Agreement service delivery, as described in Attachment A, Grant Work Plan as documented in Attachment C, Monthly Progress Reports and also which includes a review of all Agreement requirements including the Attachments. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced compliance monitoring visits at any site where services are delivered pursuant to this Agreement. B. For each on -site compliance monitoring visit, Commission staff will provide an oral exit interview and a written monitoring report to the Grantee. C. If issues of non-compliance are identified in the monitoring report, a written Corrective Action Plan (CAP) may be required of the Grantee. If required, the CAP shall be submitted to the Commission's Grant Manager within ten calendar days of receipt of the monitoring report. If a CAP is required of the Grantee, failure to correct deficiencies after thirty calendar days from the date -of -receipt of a written monitoring report notating the deficiencies may result in a determination of breach of Agreement and termination of services. If a CAP is not required of the Grantee, the Commission may proceed under Section 11 and/or Section 14. 11. The Commission may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide 30 calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Commission regarding the reason(s) for termination. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 12. The Commission may terminate this Agreement for convenience by providing the Grantee with 30 calendar days written notice. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 13. This Agreement may be unilaterally terminated by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a), Article I of the Florida Constitution and Chapter 119, Florida Statutes. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 14. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Commission may take one or more of the following actions, as appropriate for the circumstances. Grant Agreement No. ARSO10, Page 3 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Commission expressly authorizes them in the notice of suspension or termination. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. 15. A. In accordance with Presidential Executive Order 12549, Debarment and Suspension (10 CFR Part 606, later moved to 2 CFR Part 901), the Grantee shall agree and certify 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; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USDOE to the Commission. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions. C. As required by paragraphs A and B above, the Grantee shall include the language of this Section and Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions, in all subcontracts and sub -grants or lower tier agreements executed to support the Grantee's work under this Agreement. 16. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles. The Commission, the State of Florida, USDOE or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 17. A. The Grantee shall retain and maintain all records referenced in Section 16 and make such records available for an audit as may be requested. Such records shall include independent auditor working papers, books, documents and other evidence, including but not limited to, vouchers, bills, invoices, requests for payment and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. B. The Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found in Attachment D, Special Audit Requirements as applicable. C. The Grantee shall include the audit and record keeping requirements described above and in Attachment D, Special Audit Requirements, in all subcontracts and assignments with sub - Grant Agreement No. ARSO10, Page 4 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 grantees of funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "sub -recipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes. D. The Grantee must provide copies of any audit referencing this Agreement, the audit transmittal letter, and any response to such audit to the Commission within 30 calendar days of its receipt. The Grantee should confer with its chief financial officer, audit director or contact the Commission for assistance with questions pertaining to the applicability of these requirements. 18. A. The Grantee may subcontract work under this Agreement upon the condition that each Attachment C, Monthly Progress Report, contains a current list of subcontractors, the amount of each subcontract and a short description of work to be performed by that subcontractor. The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the development and implementation of the services, programs and activities under this Agreement whether directly performed or by subcontract. B. The Grantee shall not enter into subcontracts in which the Commission or USDOE could be held liable to a subcontractor for any expenses or liabilities. The Grantee shall defend and hold the Commission and USDOE harmless of any liabilities, as applicable by Florida laws, incurred under any of the subcontracts entered into by the Grantee. The Grantee shall be liable for all work performed and all expenses incurred as a result of any subcontract. C. The Grantee is encouraged to use small businesses, including minority, woman and service - disabled veteran -owned businesses as subcontractors or sub -vendors under this Agreement. The Grantee shall report to the Commission in each, Attachment C, Monthly Progress Report, its expenditures with minority, woman and service -disabled veteran -owned businesses. The directory of State of Florida certified minority, woman and service -disabled veteran -owned businesses can be accessed from the website of the Department of Management Services, Office of Supplier Diversity. The Attachment C, Monthly Progress Report, shall contain the names and addresses of the minority, woman and service -disabled veteran -owned businesses; the aggregate dollar figure disbursed that month for each business; the time period; type of goods or services and whether the business is minority, woman or service -disabled veteran -owned. If no expenditures were made to minority, woman and service -disabled veteran -owned businesses, the Grantee shall state "None" on that portion of the Attachment C, Monthly Progress Report. 19. The Grantee agrees to permanently refrain from using or mentioning its association with the Commission in advertisements, letterhead, business cards, etc. The Grantee's project with the Commission may be generally stated and described in the Grantee's professional resume. The Grantee may not give the impression in any event or manner, that the Commission endorses or recommends the Grantee. 20. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non -Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment I, Standard Form-LLL, Disclosure of Lobbying Activities, and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [10 CFR Part 601] B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a State agency. Grant Agreement No. ARSO10, Page 5 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 21. The Grantee shall comply with all applicable federal, state and local rules and regulations. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. The Grantee agrees to comply with, and include as appropriate in subcontracts, the applicable regulations listed in Attachment E, Federal Regulations, and the provisions contained in Attachment F, Federal Funding Grantee, Sub -grantee and Contractor Provisions. 23. The Commission's Grant Manager for this Agreement is identified below. Commission Grant Manager: Mandy Norman Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 Telephone No.: 850-487-3800 Fax No.: 850-922-9701 E-mail Address: Mand .norman m florida.com 24. The Grantee's Representative for this Agreement is identified below. Lisa Tennyson Monroe County Board of County Commissioners Grants Administrator 1100 Simonton Street Key West, FL 33040-3110 Telephone No.: 305-292-4444 Fax No.: 305-292-4515 E-mail Address: Tenn son -list monroecoun -fl. ov Grantee D-U-N--S: 073876757 Grantee CCR Registration Expiration Date: 5/21/2011 25. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. The Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. The Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Commission, for the protection of its employees not otherwise protected if any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes. 26. The Grantee, as an independent contractor and not an agent, representative, or employee of the Commission, agrees to carry adequate liability and other appropriate forms of insurance. The Commission shall have no liability except as specifically provided in this Agreement. Grant Agreement No. ARSO10, Page 6 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 27. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. The Grantee is authorized to purchase a current model vehicles, which cost shall not exceed $111,875, for use in performing the services described in Attachment A, Grant Work Plan. The Grantee must obtain written approval, in advance, of the vehicle type proposed for purchase and shall produce at least two written quotes for comparable vehicles prior to the vehicle purchase being authorized by the Commission. The purchase of non -expendable personal property or equipment costing $1,000 or more purchased for purposes of this Agreement remains the property of the Commission. The Grantee's Representative shall complete and sign Attachment J, Property Reporting Form, and forward it along with the appropriate Attachment B, Payment Request Summary Form, to the Commission. The following terms shall apply: A. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non -expendable personal property or equipment in good operating condition. C. When the non -expendable personal property or equipment is no longer needed, the Grantee will return all non -expendable personal property or equipment purchased under the terms of this Agreement to the Commission. D. The Grantee shall have title to and use of the vehicle, by its authorized employees only, for the authorized purposes of this Agreement as long as the required work is being satisfactorily performed. In the event that this Agreement is terminated for any reason, or the use of the vehicle is no longer needed (such as completion of the Agreement), title of the vehicle shall be transferred to the Commission. E. The Grantee is responsible for the implementation of manufacturer required maintenance procedures to keep the vehicle in good operating condition. F. The Grantee shall secure and maintain comprehensive collision and general automobile liability coverage for the vehicle during the term of this Agreement. The Grantee is responsible for any applicable deductibles. G. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused by the use of, non -expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Commission. H. The Grantee is responsible for the purchase of, and shall maintain a current State of Florida tag and registration for all vehicles purchased under the Agreement. 29. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 30. A. No person on the grounds of race, creed, color, national origin, age, sex or disability shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Grant Agreement No. ARSO10, Page 7 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 B. The Grantee agrees to comply with 10 CFR Part 1040 "Nondiscrimination in Federally Assisted Programs." C. The Grantee affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the Grantee been placed on the Discriminatory Vendor List. The Grantee further agrees that it shall not violate such law and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. D. The Grantee affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. The Grantee shall insert a provision in accordance with this paragraph in all subcontracts for services in relation to this Agreement. 31. Land acquisition is not authorized under the terms of this Agreement. 32. A. If the Grantee brings to the performance of this Agreement pre-existing intellectual property, the Grantee shall retain all rights and entitlements to that pre-existing intellectual property. B. All patent rights, copyrights, and data rights must be in accordance with 10 CFR Part 600 as referenced in Attachment H, Intellectual Property Provisions. C. If, during the course of the Agreement, the Grantee modifies a pre-existing invention to the point where it is a new invention, patentable in its own right, or if any discovery or subject invention arises or is developed in the course of, or as a result of, work or services performed under this Agreement, or in any way connected herewith, the Grantee shall retain the entire right, title, and interest to each discovery or subject invention, subject to the provisions of this Section. With respect to any subject invention in which the Grantee retains title, the Commission shall have a royalty -free, nonexclusive, transferable, irrevocable, paid up license to practice or have practiced for, or on behalf of, the Commission or the State of Florida the subject invention and sublicense the same. D. In the event that any books, manuals, films, software, databases, or other copyrightable material are produced, which are intended to be made available to the public, the Grantee shall notify the Commission. The Commission shall have a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do the same. The Grantee hereby grants the Commission full authority and right to modify or create derivative works of, or allow others to modify or create derivative works on behalf of the Commission, any publications first produced under this Agreement. Any content submitted to the Commission which is asserted to be exempt under Florida's Public Records Act, Chapter 119, Florida Statutes, shall be clearly marked "business proprietary", "exempt," "confidential," or "trade secret" (as applicable), with the statutory basis for such claim of exemption, confidentiality, or trade secret specifically identified in writing. Failure to identify any such content shall constitute a waiver of any claimed exemption, confidentiality, or trade secret. E. The terms and conditions specified in Section 32 shall also apply to any subcontracts made under this Agreement. The Grantee shall be responsible for informing the subcontractor of the provisions of this Section and obtaining disclosures. 33. The Grantee is encouraged to publish or otherwise make publicly available the results of the work conducted under this Agreement. USDOE requires an acknowledgement of Federal support. A disclaimer must appear in the publication of any material, copyrighted or not, which was based on or developed under this Agreement, as follows: Grant Agreement No. ARSO10, Page 8 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 Acknowledgement: "This material is based upon work supported by the U.S. Department of Energy and the Florida Energy and Climate Commission under Award Number DE-EE0000241." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, nor any of their contractors, subcontractors or their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or any third parry's use or the results of such use of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof or its contractors or subcontractors. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." 34. The Grantee is permitted to develop software or databases under the terms and conditions of this Agreement, including Section 32. 35. The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as soon as possible and at the lowest level reasonable, in order to conserve the resources of the Parties. The Parties further agree to use their best efforts to assure speedy and non -confrontational resolution of any and all disputes between them. 36. This Agreement is executed and entered into in the State of Florida and shall be construed, performed and enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising under this Agreement shall be brought in the appropriate court in Leon, County, Florida, applying Florida Law. 37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties and attached to the original of this Agreement, unless otherwise provided herein. 38. The following Attachments are incorporated into this Agreement: Attachment A Grant Work Plan Attachment B Payment Request Summary Form Attachment C Monthly Progress Report Attachment D Special Audit Requirements Attachment E Federal Regulations Attachment F Federal Funding Grantee, Sub -grantee and Contractor Provisions Attachment G Debarment and Suspension Form Attachment H Intellectual Property Provisions Attachment I Disclosure of Lobbying Activities Attachment J Property Reporting Form Attachment K Annual Report IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD STATE OF FLORIDA, EXECUTIVE OFFICE OF Grant Agreement No. ARSO10, Page 9 of 54 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 OF COUNTY COMMISSIONERS THE GOVERNOR, Florida Energy and Climate Commission I0 Sylvia Murphy County Mayor Date: Robert Vickers Executive Director Date: Grant Agreement No. ARSO10, Page 10 of 54 ATTACHMENT A GRANT WORK PLAN FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS A. PROJECT TITLE: Keys Energy Conservation Initiative B. PROJECT LOCATION: Monroe County, Florida C. PROJECT BACKGROUND Monroe County will implement a comprehensive energy savings project, in partnership with the City of Key West, City of Marathon and Islamorada, Village of Islands, which will include several cross jurisdictional and individual community energy savings activities. The Grantee has identified eight projects to execute a wide assortment of energy savings activities which will benefit 96% of the Keys population. The activities include installation of solar water heaters, energy efficiency outreach and education, retrofitting sports lighting, retrofitting outdoor lighting, development of an energy efficiency and conservation strategy (SECS), energy audits, purchase of hybrid vehicles and replacement street lighting poles. Affordable Residential Solar Water Heaters The Grantee, in partnership with Habitat for Humanity (1-141-1), will install or replace conventional hot water heaters with solar hot water heaters in low to moderate income households. The Grantee will also issue rebates for solar water heaters. This component of the conservation initiative will be coordinated with NexGENergy and Monroe County's Weatherization program. Energy Efficiency Educational Video Communication and Outreach The Grantee will facilitate the production of a 15-minute video and radio segment for National Public Radio (NPR) to highlight the Keys Energy Conservation Initiative 2010. The educational and outreach materials will be available on local government websites and television channels. The materials will be disseminated by CD, DVD and email. Additionally, the Grantee will hold 12 educational workshops for commercial and residential energy efficiency measures. Outreach components of this project will increase the number of Green Living and Education (GLEE) Certified Green Business Partnerships" by 100%. Retrofit Local Park Ball Field Lighting The Grantee will retrofit lighting in six public parks with new energy efficient light fixtures. The parks include the Clayton Sterling Sports Complex, Dewitt Roberts Softball Field, Rosa Hernandez Softball Field, George Mira Football Field, Nelson English Park and Pepe Hernandez Park. These parks are located in the City of Key West. Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit Phase 1: Greenhouse Gas Emissions Inventory — The Grantee will hire a consultant to conduct a greenhouse gas emissions inventory for the City of Marathon. A final report will document the results and recommended strategies for implementation. Phase 2: Energy Audits — The Grantee will hire a consultant to conduct community residential and commercial energy audits and an energy audit for City facilities in the City of Marathon. The results of the studies will be made available to residents and the business community. Phase 3: Outdoor Lighting Retrofit — The Grantee will issue a bid for a contractor to conduct an outdoor lighting retrofit for Sombrero Beach Road street lights and Marathon Community park lights. The contractor will retrofit 250 outdoor lights. Grant Agreement No. ARSO10, Page I I of 54 ATTACHMENT A GRANT WORK PLAN EECS Development The Grantee will utilize technical assistance consulting services to assist a team of interdepartmental county staff members with the formulation of an energy efficiency, energy conservation and energy usage strategy. The strategy will identify the means to achieve goals, metrics for measuring progress, timelines for implementation, financing mechanisms and staff assignments. The EECS will ensure sustained benefits of the grant funds beyond the grant period. County Facilities Energy Audit and Retrofit The Grantee will implement energy efficiency measures, based upon audit findings, at four Monroe County facilities, located in Key West, with a total square footage of 197,823 and an annual energy cost of $534,019. An energy audit will allow the Grantee to develop base -line energy use and an in-depth report of quantifiable energy conservation recommendations to determine the most cost effective improvements and to ensure the best possible use of the retrofit funds. The building retrofits will emphasize efficiency and may include retrofit lighting, insulation, heating, ventilation and air-conditioning (HVAC) upgrades, training programs for operation and facility users and monitoring systems. Hybrid Vehicle Purchase The Grantee will reduce GHG emissions by upgrading the County fleet with five hybrid electric vehicles which represents 10% of the administrative fleet. The vehicles will replace five conventional gas -powered vehicles. Replacement of Street Lighting Poles The Grantee will replace interior street lighting, dog park lighting and security lighting in Founders Park and the Administrative & Public Safety Headquarters parking lot located within the park. This work will consist of stripping 90 existing poles, removing current heads, inspecting each post for damage, repairing damage, preparing poles for new solar heads to be installed, adjusting and strengthening mounts, adding mounting brackets and installation of solar heads. In addition, 10 new light poles will be installed at Plantation Hammock Preserve, Plantation Tropical Reserve, Hurricane Monument and Library Parks. The parks to receive retrofits through this component of the project are located in Islamomda, Village of Islands. D. PROJECT OBJECTIVES: • Objective 1: To reduce power consumption within the county by procuring and installing residential solar water heaters in a minimum of 20 low or moderate income households. • Objective 2: To create an educational workshop for commercial and residential energy efficiency measures and 15-minute video and radio segment to highlight the Keys Energy Conservation Initiative 2010. • Objective 3: To reduce power consumption within the county by procuring and installing energy efficient outdoor sports lighting in six public parks. • Objective 4: To reduce power consumption within the county by conducting a greenhouse gas emissions inventory, energy audits and 250 outdoor lighting retrofits for the City of Marathon. • Objective 5: To reduce fossil fuel emissions in transportation, building, and other applicable public and private sectors by developing an Energy Efficiency and Conservation Strategy. • Objective 6: To reduce power consumption within the county by implementing energy efficiency measures as recommended by an energy audit of four county facilities. • Objective 7: To reduce GHG and energy consumption within the county by upgrading the county vehicle fleet with hybrid electric vehicles. • Objective 8: To reduce the annual power consumption within the county by procuring and installing 100 solar powered light emitting diode (LED) street lighting poles. Grant Agreement No. ARSO10, Page 12 of 54 ATTACHMENT A GRANT WORK PLAN E. PROJECT DESCRIPTION: The Grantee has identified eight project(s) that will greatly reduce power consumption therefore reducing utility charges and equipment maintenance fees. The following tasks will be preformed in order to meet the project objectives outlined above. Task 1 - Affordable Residential Solar Water Heaters (Objective 1): • Task la: Develop and issue a Request for Proposal (RFP) for solar water heater purchase and installation • Task lb: Coordinate with 1-141-1 to establish an eligible homeowner application • Task lc: Select a vendor, negotiate and execute contract • Task lc: Oversee installation of solar water heaters in 20 qualified affordable homes • Task ld: Coordinate with Keys Energy to provide solar water heater rebates of $450 each • Task le: Submit a report to the Commission including photographs of the installed solar water heaters, utility bills documenting energy reduction, a list of applicants and invoices from both the manufacturer and the installer Task 2 - Energy Efficiency Educational Video Communication and Outreach (Objective 2): • Task 2a: Execute contract with Environmental Education Foundation • Task 2b: Develop video content • Task 2c: Produce video, upload to county website and provide to local governments for distribution • Task 2d: Produce radio segment for Radio Green Earth show on NPR • Task 2e: Coordinate educational outreach technical assistance workshops for businesses and residents • Task 2f: Increase the number of GLEE Certified Green Business partnerships by 100% • Task 2g: Submit a copy of all educational materials and video to the Commission documenting the energy efficiency conservation impacts of the project Task 3 - Retrofit Local Park Ball Field Lighting (Objective 3): • Task 3a: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install ballpark lighting • Task 3b: Oversee installation of ballpark lights in six public parks • Task 3c: Submit a report to the Commission including photographs of the installed lighting, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 4 - Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit (Objective 4): • Task 4a: Issue three RFP's for consultants to conduct 1) a greenhouse gas emissions inventory, 2) a community energy audit and 3) city energy audits • Task 4b: Select a vendor to install outdoor lighting • Task 4c: Define scope of work to identify audit needs • Task 4d: Conduct site inspections • Task 4e: Complete data gathering and analysis for completion of 600 audits • Task 4f: Oversee installation of 250 outdoor lights • Task 4g: An audit report will be created to establish baseline emissions inventory for a base year and for a forecast year to identify emissions reduction targets for the forecast year and identify recommended actions, policies and measures • Task 4h: Submit the final audit report to the Commission and photographs of the installed lighting, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 5 - EECS Development (Objective 5): • Task 5a: The Grantee will develop a scope of work for the EECS • Task 5b: Execute contract with technical assistance consultant to assist with plan development and data • Task 5c: Develop EECS for county facilities and operations including energy efficiency, energy conservation and energy usage goals • Task 5d: Provide the Commission with an electronic copy of the EECS. Grant Agreement No. ARSO10, Page 13 of 54 ATTACHMENT A GRANT WORK PLAN Task 6 — County Facilities Energy Audit and Retrofit (Objective 6): • Task 6a: Contract with an engineering firm to conduct Grade Energy Audits for four county facilities located in Key West • Task 6b: Create a scope of work and construction bid documents based on energy audit findings • Task 6c: Implementation and installation of energy efficiency measures as approved by the Commission and recommended in the audit report • Task 6d: Submit a report to the Commission including the audit report, photographs of the installed systems, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 7 - Hybrid Vehicle Purchase (Objective 7): • Task 7a: Prepare purchase order for five hybrid vehicles • Task 7b: Finalize purchase of vehicles • Task 7c: Paint and decal vehicles to increase awareness of alternative fuel vehicles • Task 7d: Conduct a training workshop for drivers and maintenance staff • Task 7e: Submit a report to the Commission including photographs of the hybrid vehicles, records of savings and invoices Task 8 - Replacement of Street Lighting Poles (Objective 8): • Task 8a: Identify and designate locations for new light poles • Task 8b: Prepare and advertise bids for electricians to retrofit 90 existing poles • Task 8c: Obtain quotes or advertise for the purchase of 100 solar powered light fixtures • Task 8d: Identify existing underground utilities and mark sites for new poles • Task 8e: Award contract and purchase order for 100 fixtures • Task 8f: Installation of new light poles • Task 8g: Submit a report to the Commission including photographs of the installed street lighting poles, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer F. PROJECT MILESTONES/DELIVERABLES/OUTPUTS: The tables below identify the month of the project each task will start and be accomplished for all eight components of the Keys Energy Conservation Initiative. Affordable Residential Solar Water Heaters No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Develop and issue RFP for solar Submit RFP to Commission water heater purchase and 1 2 installation 2 Develop application for eligible Submit application to Commission 2 2 homeowners 3 Oversee installation of solar water Contract executed for installation heaters in 20 homes and materials purchased. Copies of 3 16 invoices sent to the Commission 4 Coordinate with the Provide homeowners with Weatherization program to assist recommendations 5 16 homeowners with additional retrofits 5 Coordinate rebates with Keys Use rebates to increase # solar 10 16 Energy heaters to be installed 6 Final Report Submit a report including photographs of the installed water 18 18 heaters, utility bills and invoices Grant Agreement No. ARSO10, Page 14 of 54 ATTACHMENT A GRANT WORK PLAN Energy Efficiency Educational Video Communication and Outreach No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Execute contract with Contract approved an signed by Environmental Education Board of County Commissioners 2 3 Foundation 2 Develop content and produce Submit outline of content to energy educational video Commission and place on County 3 9 website 3 Produce radio segment Radio segment broadcasted on NPR 10 12 4 Coordinate 12 technical Training workshops and public assistance workshops for business educations sessions complete, a list 10 16 and residents of attendees and evaluations forms provided to the Commission 5 Final Report Submit a report including educational materials created with 18 18 funds Retrofit Local Park Ball Field Lighting No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Solicit RFP for ballpark lighting Contractor selected for installation 1 6 of lighting 2 Oversee installation of ballpark Lighting installed in six public 6 11 lights parks 3 Final Report Submit a report including photographs of the light retrofit, 11 13 utility bills and invoices Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Develop and issue RFP for Submit RFP to Commission 1 4 consultants 2 Develop and issue RFP for Submit RFP to Commission 2 4 outdoor lighting installation 3 Sign contract with consultants Consultants selected to conduct GHG inventory, community energy 4 5 audit and city energy audit 4 Define scope of work and identify Submit scope of work to 5 8 audit needs Commission 5 Site inspections, measurements Consultant will draft final report for 8 14 and data analysis City approval 6 Oversee installation of outdoor 250 outdoor lights installed 10 14 lighting 7 Final Report Final audit reports submitted to 15 16 Commission Grant Agreement No. ARSO10, Page 15 of 54 ATTACHMENT A GRANT WORK PLAN EECS Development No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Develop scope of work for EECS Scope of work complete 1 3 2 Technical Assistance Consultant Consultant assisted with plan 3 6 contract executed develo ment and data gathering 3 Develop EECS for county EECS adopted by Board of County facilities and operations including Commissioners energy efficiency, energy 6 13 conservation and energy usage goals 4 Final Report Final EECS submitted to 14 14 Commission County Facilities Enerfy Audit and Retrofit No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Contract with an engineering firm Agreement signed and approve by to conduct Grade Energy Audits Board of County Commissioners 1 2 for four county facilities 2 Conduct energy audit Detailed investment grade audit 2 submitted to County2 3 Define scope of work for retrofits Submit scope of work to 3 6 as recommended in energy audit Commission 4 Execute contract for facility Board of County Commissioners 6 9 retrofits a royal and execution 5 Complete installation of energy Installation documentation 9 18 efficiency retrofits complete 6 Complete measurement and Energy saving calculations 17 18 verification documented 7 Final Report Submit a final report to include evidence of energy savings as a 18 18 result of the energy audit Hybrid Vehicle Purchase No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Prepare purchase order for 5 Vehicles ordered 1 2 hybrid vehicles 2 Finalize purchase of vehicles and Vehicles arrive 2 6 arrival 3 Paint and decal vehicles Vehicles painted and decaled to increase awareness of alternative 6 7 fuel vehicles 4 Conduct a training workshop for Workshops and training completed 8 11 drivers and maintenance staff 5 Final Report Submit a report to the Commission including photographs of the hybrid 12 12 vehicles, records of savings and invoices Grant Agreement No. ARSO10, Page 16 of 54 ATTACHMENT A GRANT WORK PLAN Replacement of Street Lighting Poles No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Prepare and advertise bids for Electrician selected 1 3 electricians 2 Obtain quotes for the purchase of Solar light fixtures purchased 3 4 solar powered light fixtures 3 Identify existing underground Sites prepared for install utilities and mark sites for new 3 8 Poles 4 Installation of new light poles Light poles installed 4 8 5 Final Report Submit a report to the Commission including photographs of the 9 9 installed street lighting poles, utility bills and invoices Grant Agreement No. ARSO10, Page 17 of 54 ATTACHMENT A GRANT WORK PLAN G. PROJECT BUDGET: The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the nearest whole dollar value. Cost Share: Matching Funds and Funding Category Grant Funds Other In -Kind Contributions Funding Source of Funds 1. Salaries $109,614.00 $270,831.52 Monroe County, Habitat for Humanity, OF/GITF, City of Key West GR, City of Marathon GR, UF, Islamorada GR 2. Fringe Benefits $32,884.00 $76,096.27 Monroe County, UF, City of Key West GR, Islamorada GR 3. Travel (if authorized) $0.00 $7,549.00 Monroe County 4. Supplies/Other $8,125.00 $83,663.00 Monroe County, Habitat for Humanity, Green Expenses Living and Energy Education Inc, City of Key West GR, Islamorada GR 5. Equipment $ 111,875.00 $0.00 Keys Energy Services, Federal Tax Credit 6. Contractual Services $2,424,790.00 $164,757.00 Monroe County, NexGENergy, Environmental Education Foundation, KEYS Energy, City of Marathon GR, Cameron -Cole LLC 7. Indirect (if authorized) $0.00 $0.00 N/A Total Project Budget $2,687,288.00 $602,896.79 Total Project Cost $3,290,184.79 = Grants Funds + Cost Share Cost Share Percentage 18% = Cost Share / Total Project Cost H. TOTAL BUDGET BY TASK: The project budget below summarizes the project by Project Task. Project Tasks correspond to the "Project Description" section. All dollar amounts are rounded to the nearest whole dollar value. Cost Share: Matching Funds and Project Task Grant Funds Other In -Kind Contributions Matching Source Funds> 1 Complete Residential Solar $130,000.00 $56,281.00 Monroe County, Habitat for Humanity Water Heater 2 Complete Energy $30,000.00 $105,661.48 OF/GITF, Monroe County, Green Living Education and Outreach and Energy Education, Inc, Environmental Education Foundation 3 Complete Ball Park Light $744,790.00 $94,323.79 City of Key West, KEY Energy Retrofit 4 Complete GHG Inventory, $400,000.00 $106,783.29 City of Marathon Audit and Lighting 5 Complete EECS $20,000.00 $103651.38 UF, Monroe County, Cameron -Cole LLC 6 Complete County Facilities $700,000.00 $73,820.00 Monroe County Audit and Retrofit 7 Complete Purchase of $120,000.00 $6,578.00 Monroe County Hybrid Vehicles 8 Complete Solar Park $400,000.00 $48,241.85 Islamorada Lighting 9 Ongoing Project Admin $142,498.00 $7,556.00 Monroe County and Reporting Totals: $2,687,288.00 $602,896.79 Total Project Cost: = Grant Funds + Cost Share $3,290,184.79 Grant Agreement No. ARSO10, Page 18 of 54 ATTACHMENT A GRANT WORK PLAN I. BUDGET DETAIL: Using the definitions provided below, the detailed, line -item budget clarifies the Budget Summary shown in Section G. Budget Category Sub -Totals have been rounded to the nearest whole dollar value. Up to 10% of grant funds may be used for administrative costs, excluding the cost of meeting reporting requirements of the program. Administrative costs are defined as: allowable, reasonable, and allocable Direct and Indirect costs related to overall management of the awarded grant (including travel). For each budget line -item, the appropriate column identifies if the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved) and 3) whether the cost is Administrative in nature. A description of what is required for each budget category is as follows: 1. Salaries - Identify the persons to be compensated for work on this project by name (if known), position, and title. Show the hourly cost and total hours to be charged for each person or position. Divide annual salaries by 2080 hours and nine month academic salaries by 1560 hours, to find the hourly rate. 2. Fringe Benefits - Multiply the rate by the total salaries to which fringe benefits apply. If the rate is variable, explain and show calculations. 3. Travel - List trips by their purpose and/or destination. Indicate the number of days for each trip. The Commission will only reimburse for travel at the appropriate State of Florida rate (Section 112.061, Florida Statutes), using the forms referenced in Attachment B, Payment Request Summary Form. Be prepared to provide the Commission with details on costs utilized to calculate the "Amount Budgeted" for each trip. 4. Supplies & Other Expenses - List expendable supplies by category description, unit costs and quantity. List other expenses not included in any of the above categories. Examples would be printing, copying, postage, communications, etc. Non -expendable equipment valued at less than $1,000 may be listed also. Include only expenses directly related to the project, not expenses of a general nature. For Match only, list costs related to donated real property such as land (not to exceed the fair market value of the property). 5. Equipment - List non -expendable personal property/equipment valued at $1,000 or more by description, unit cost, and quantity. Computers and data-processing equipment should be described in detail. 6. Contractual Services - Subcontractors should provide the same information required by this budget table, with the following exceptions: (a) when professional services are provided at a pre-existing approved rate or fee shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show an estimated maximum amount. 7. Indirect Costs/Rate — Indirect Costs are not authorized. 8. Total Budget Category — Show the total of all line -items within a Budget Category. 9. Total Budget - Show the total of all categories. Grant Agreement No. ARSO10, Page 19 of 54 0 U 2 � � o V U ^"• A ~ II II o 0 0 Cl ClN 10 N o In v-1 In o o In v) W) o 0 Cl Cl 110 co Cl Cl 0 0 0 0 CC �' � O � 69 69 69 69 69 69 69 69 69 69 69 69 69 II II II II II II II II II II II II II II II II II II �� �� �� II II �� II �� II II II �� �n v kn v kn v kn v O co co 0�����C-1 co o- O O O o m ti ti o o C� Oo 0 0 0 M N ,--i M v'� M v') O O O W) 00 O O N W) N C� 't CO W) v) 't O M v' � O 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 �Oy F+H U N N C O N i�• O t U ,r0.'i c�� 0 0 O �. Cl ODU CZ .. O ��— �c" c cO�3 ^� Ij U v y" �" . ,��" �, tz y0•� N '� Q N r r-L N Q O N N tz x C7 -o u. ro �~ �r�r�rx xxac�r�d tirxa�r��aw ti�a C'n, 14 N d O S. 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AR#### INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the Grantee's agency, as reflected on your Grant Agreement. MAILING ADDRESS: Enter the reimbursement mailing address. GRANT AGREEMENT NO.: This is the six -digit number on your Grant Agreement. DATE OF REQUEST: This is the date the Grantee is submitting the request for reimbursement. AMOUNT REQUESTED: This is the amount on the "TOTAL AMOUNT TO BE REIMBURSED" line for the "AMOUNT OF THIS REQUEST" column. GRANTEE'S REPRESENTATIVE: This is the person identified as Grantee's Representative in the Grant Agreement. REIMBURSEMENT REQUEST NO.: This is the number of the reimbursement request, not the month number. The first reimbursement request submitted shall be number 1 and subsequent reimbursement requests shall be numbered in ascending numerical order. REIMBURSEMENT PERIOD: This is the beginning date (dd/mm/yyyy) and ending date (dd/mm/yyyy) of the reimbursement period. PERCENT MATCHING REQUIRED: Enter the Match requirement here, as reflected on the approved Attachment A, Grant Work Plan. PROJECT EXPENDITURES SUMMARY SECTION "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount paid during the reimbursement period. Provide accurate costs and do not round figures to the nearest whole dollar value. All costs included in the reimbursement request must agree with the approved Project Budget in the current Attachment A, Grant Work Plan of your Grant Agreement. Do not request reimbursement for costs that do not have an associated, approved, funded budget category or approved, funded budget line - item in the current Project Budget. Do not claim items that are not specifically identified in the current Budget Detail as reflected in Section I of the current Attachment A, Grant Work Plan. • Enter the column total on the "TOTAL AMOUNT EXPENDED" line. The figures reflected for each approved budget category must correspond with the budget category amount reflected on the associated Grant Reimbursement Detail Form. • For the "Less Retainage" line, calculate 10% of the "TOTAL AMOUNT EXPENDED" for this reimbursement request; this figure must be shown in brackets (e.g. <$X,XXX.XX>) to reflect that the amount will be deducted from the "TOTAL AMOUNT EXPENDED". • For the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the "Less Retainage" amount from the "TOTAL AMOUNT EXPENDED". • For the "AGREEMENT AMOUNT', enter the total amount of the Grant Agreement. For the "Less TOTAL AMOUNT EXPENDED" line, enter the total amount expended as reflected on this reimbursement request and all previous reimbursement requests. • For the "TOTAL AVAILABLE BALANCE" line, deduct the "Less TOTAL AMOUNT EXPENDED" amount from the "AGREEMENT AMOUNT'. • For only the Final Reimbursement Request, the Grantee may request reimbursement of all previously deducted Retainage on the condition that the Final Report for the project has been submitted and approved by the Commission's Grant Manager. To request reimbursement of Retainage, reflect the cumulative amount of Retainage as a positive figure (no brackets) in the "Less Retainage" line and add it to the "TOTAL AMOUNT EXPENDED" to reflect the final "TOTAL AMOUNT TO BE REIMBURSED" amount. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts previously submitted for reimbursement to date for each approved, funded budget category. Provide accurate costs and do not round figures to the nearest whole dollar value. On the "Less Retainage" line, enter the total cumulative amount of Retainage deducted from all reimbursement requests. On the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the cumulative "Less Retainage" amount from the cumulative "TOTAL AMOUNT EXPENDED". The Final Reimbursement Request must show the total of all reimbursements; first through the final reimbursement (this amount cannot exceed the approved, funded budget amount for each budget category). Enter the column total on the "TOTALS" line. Grant Agreement No. ARXXXX, Page of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### `"MATCHING FUNDS" COLUMN: Enter the amount documented as Match for the reimbursement period. Provide accurate costs and do not round figures to the nearest whole dollar value. This needs to be shown under specific budget categories according to the currently approved Attachment A, Grant Work Plan. • Enter the total for all budget categories on the "TOTAL AMOUNT EXPENDED" line for this column. • Enter the total Match budget amount on the "AGREEMENT AMOUNT" line for this column. This amount must correspond with the minimum Match amount specified in Section 4.A of the Grant Agreement and as reflected on the currently approved Attachment A, Grant Work Plan. • Enter the total cumulative amount of this and any previous Match documented on the "LESS TOTAL AMOUNT EXPENDED" line for this column. • Deduct the "LESS TOTAL AMOUNT EXPENDED" from the "AGREEMENT AMOUNT" for the amount to enter on the "TOTAL AVAILABLE BALANCE" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount documented to date for Match by budget category. Enter the total of all budget categories on the line titled "TOTALAMOUNT EXPENDED." The Final Reimbursement Request must reflect the total of all documented Match, beginning with the first Match documentation through the final Match documentation, etc. The proportion of cumulative Matching funds as of the final Match documentation must equate to the Cost Share Percentage as reflected on the current, approved Attachment A, Grant Work Plan of the Grant Agreement. If insufficient "TOTAL CUMULATIVE MATCHING FUNDS" are submitted, the Final Reimbursement Request of grant funds shall be reduced to ensure that the Cost Share Percentage GRANTEE CERTIFICATION: The Payment Request Summary Form must be signed by both the Grantee's Representative as identified in the Grant Agreement and the Grantee's Fiscal Agent to be approved for reimbursement. NOTE: If requesting reimbursement for travel, you must include copies of all travel receipts and a copy of the Commission's properly completed travel reimbursement form (in the format approved by the Department of Financial Services, Chief Financial Officer) that has been signed by both the traveler and the traveler's supervisor. Grant Agreement No. ARXXXX, Page _ of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### INSTRUCTIONS FOR COMPLETING GRANT REIMBURSEMENT DETAIL and MATCH DOCUMENTATION DETAIL Provide a detailed, line -item description using the worksheet provided for each Budget Category of funds Grantee is requesting for reimbursement or documentation of Match. Costs listed on the Grant Reimbursement Detail must reflect information on supporting documentation, must correspond with the approved Project Budget, the Payment Request Summary Form — Project Expenditures Summary Section and accompanying supporting documentation. The description of each line -item must include the month and year that the item was received; this month and year must fall within the Reimbursement Period. Any line -item with a corresponding month and year prior to the Reimbursement Period must be accompanied by a statement that this cost was not included in a prior Reimbursement Request. For each budget line -item, identify if the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved), and 3) whether the cost is Administrative in nature. Provide accurate costs and do not round the amounts to the nearest whole dollar value. Supporting documentation for each amount for which reimbursement is being requested must: 1) list the item that has been paid for, 2) be submitted in the order in which items are shown on the Grant Reimbursement Detail and the Match Documentation Detail and 3) be either highlighted or circled. Check numbers may be provided in lieu of copies of the actual checks. If an item was purchased with a credit card, reflect "paid by credit card" on Grant Reimbursement Detail or the Match Documentation Detail, in lieu of a check number and provide vendor receipt reflecting that the item was paid by credit card (this can be hand written) along with a copy of related credit card statement (credit card number and other confidential information may be blacked out). Each piece of documentation must clearly reflect the dates of service. Only expenditures for budget categories and budget line -items in the approved Project Budget will be reimbursed or documented as Match. Listed below are the types of documentation and examples of minimum requirements. (1) Salaries: A payroll register or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the Grant Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, including submission of the claim on the approved state travel form that has been signed and dated by the traveler and the traveler's supervisor and copies of all travel receipts must also be attached. For additional information on documentation of travel costs, contact the assigned Commission Grant Manager. (4) Supplies - Other Expenses: Reimbursement will be made based on paid invoices/receipts. (5) Equipment: Reimbursement will be made based on paid invoices/receipts. Attachment J, Property Reporting Form, must be properly completed, signed and attached to the Attachment B, Payment Request Summary Form for each item of equipment requested for reimbursement or match documentation. (6) Contractual Services: Reimbursement will be made based on paid invoices/receipts. Subcontractors must be listed on Attachment C, Monthly Progress Report, for the corresponding reimbursement period. (7) Indirect Costs: If the Grant Agreement allows recovery of Indirect Costs, the calculation of these costs must be based upon direct costs reflected in the corresponding reimbursement period, utilizing the Indirect Cost rate in the approved Project Budget. Grant Agreement No. ARXXXX, Page _ of _ ....... . . ..... I FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### D. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. E. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) F. Provide a project Grant Budget upd ate, comparing the Grant Project Budget to actual costs to date. Grant Grant Grant Budget Total Grant Expenditures Expenditures this Grant Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs if authorized 8. Total of all Grant Budget Categories Grant Agreement No. ARXXXX, Page of rfilk = I r- 'E 7 C7- f n H V J6 - i P. FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR9#49 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS The administration of resources awarded by the Florida Energy and Climate Commission (hereinafter referred to as the "Commission") to the recipient (hereinafter referred to as the "grantee" or "recipient"), may be subject to audits and/or monitoring by the Commission, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commission 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 any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. 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. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/efda.htmi. Grant Agreement No. ARXXXX, Page _ of_ FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non - state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. The recipient must include the record keeping requirements found herein in subcontractor agreements entered into for work required under terms of this Agreement. In the executed subcontract, the recipient shall provide each subcontractor of state financial assistance the information needed by the subcontractor to comply with the requirements of Section 215.97, Florida Statutes. Pursuant to Section 215.97, Florida Statutes, the recipient shall review and monitor subcontractor audit reports and perform other procedures as specified in the agreement with the subcontractor, which may include onsite visits. The recipient shall require subcontractors, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the Commission, the Chief Financial Officer, the Chief Inspector General and the Auditor General access to the subcontractor's records and independent auditor's working papers as necessary to comply with the requirements of Section 215.97, Florida Statutes. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: The Florid Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfml the State of Florida's website at http://www.myflorida.coi , the Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http//www.state.fl.us/audgen. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment 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: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 Grant Agreement No. ARXXXX, Page of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow access to such records upon request by the Commission or its designee, Chief Financial Officer or Auditor General. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission. Grant Agreement No. ARXXXX, Page _ of _ 0 Y 'fy O U ¢ c 0 0 C �•v 0 0 w c o y G° F" a Q o U C. U d d L tu d ¢ � Q � �z 0 a C u •V 6> � V O y O ¢ 3 � w d u L O �wo.z w 0 V •� O u O t 0.(_) VJ ¢ 0 L of 0 o, o sC. d V ^O tc C G4 L 'O L" w tso., u L C O a C .G u R Of 3 o c° ¢ � U 0 �.c C O U d � U a a a a d 'v V 6> d w 3 d fVr a swriz � OJ• 0 V+ • C O Q Q ¢ w a Q N ¢ V � o � w 0 w v V CIO L � � � y v u Q bf o o U cn w � � d � 0 0 i .Q O U a � z d :c .r C3 u 0 w L 0 w c d u y V V O CIO bA � b 0 ^o w 3 d L 0 to cn 2 Q az 0 IL li re 6i Li A;.j A F1 ir m II II s ri FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### ATTACHMENT F FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTOR PROVISIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS All subgrants and contracts awarded by the Grantee, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 %z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 10 CFR part 600.325, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Grant Agreement No. ARXXXX, Page _ of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### 6. Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) which may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Grant Agreement No. ARXXXX, Page _ of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EP 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 21. Assist the Commission in complying with the State Energy Conservation Program as described in the Code of Federal Regulations, Title 10, Parts 420 and 450 and guidance issued by the U.S. Department of Energy and subsequent guidance issued by the U.S. Department of Energy; the Financial Assistance Rules described in Title 10, Part 600, as well as those regulations concerning the use of oil overcharge recovery funds. 22. The Commission reserves the right to transfer equipment acquired under this grant as provided in Title 10, Part 600.117. The Recipient can obtain a release of this right upon application containing certain commitments. 23. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American -made. 24. Preservation of open and competition and government neutrality towards contractors' labor relations on federally funded construction projects a. Unless in conflict with State or local laws, you must ensure that bid specifications, project agreement, or other controlling documents in construction contracts awarded pursuant to this agreement, or pursuant to a subaward to this agreement, do not: 1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s); or 2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s). Grant Agreement No. ARXXXX, Page of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### b. The term "construction contract" as used in this provision means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. c. Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors from voluntarily entering into agreements with labor organizations. 25. Compliance with the provision included in Title XV and Title XVI of Public Law 111-5, the American Recovery and Reinvestment Act of 2009. 26. Segregation of Costs — Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track, and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. 27. False Claims Act — Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principle, employee, agent, contractor, sub -grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. Grant Agreement No. ARXXXX, Page _ of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### ATTACHMENT G CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS The undersigned hereby certifies 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. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of 20 By Authorized Signature/Recipient Typed Name/Title Recipient's Firm Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number Grant Agreement No. A RXXXX, Page of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Florida Energy and Climate Commission (Commission) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to whom this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Commission or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Commission or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment Grant Agreement No. ARC{, Page _ of _ FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### ATTACHMENT H Intellectual Property Provisions (NRD-1003) Nonresearch and Development STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d). All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. USDOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) USDOE has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (d)(1) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has the force and effect of law, the USDOE shall request, and the Recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the USDOE obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). Grant Agreement No. ARXXXX, Page of _ FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### ATTACHMENT DISCLOSURE OF LOBBYING ACTIVITIES STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: El a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee f loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: S. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: Congressional District, ifknown: Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, M1): di(j`erent from No. l0a) (last name, first name, MI): attach Continuation Sheets SF-LLLA, i necessa Signature: 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Title: Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date: penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev 7 — 97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES Grant Agreement No. ARXXXX, Page of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Grant Agreement No. ARXXXX, Page of O O L E O R u o�vt'i O C a) N CDy c C aJ D Y �j aL.3 u N O U v +-- c v EE�Q U N ww (4 Q + V M LO] > N L � C U E C C n 7 'R VZ5 N N N N � C o y � a �a —Ea,u v c c oa �IS N c Q Vl = y0 41 N 0 o c E Eo 3 vv �a a b E '40 av p 0 c E a)N N Y =c> L � 7 O aJ Q U c a� c o o o En�c oY�c v � c F E o aE voa, � m � a Y o a 2—.-o v c� E� C N ? O R N $O c � � c E u a = m (D m c o a' M D u O fO al o- � aL O N U vCao C O �T @z N O o c J N Q C c Z ° � �o°FL t7 a2 v a 0. m O� W a Z W LU (D Q N W a z 0 u Q z J �z h. U ui 0 V) m c u 0 z �r �0 W y sm C � W }o r 0 W U OW m a WZ =ate W a Z LU � y V Z LL W N U OLL WE NZ OLu Vl W mi M �a ZQW o EU a u+ a W �g � W V a W Z�o �VWU. �1Z O m W a�oW u Cd a at;ui v a °C F(AU. Z W Z W U W M ocv v �a0 W Z�a H ►Wr V Z nZy 41g iWa d m c m a� c C i c �I i Y f i _ __ _ _ _ _ �.���e�a �.•,c��-.rxar— ����. �.�-�,� -_ _ —... ��.�n�.•=r��� �r1���-.�-_-�r�=.�,s.: __ j �--__..�.__—.�� ��si FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. AR#### D. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. E. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) F. Provide a project Grant Budget upd ate, comparing the Grant Project Budget to actual costs to date. Grant Grant Grant Budget Total Grant Expenditures Expenditures this Grant Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs if authorized 8. Total of all Grant Budget Categories Grant Agreement No. ARXXXX, Page _ of �v CIO 51 s 3 it W 1% il ii il i j 7 j GRANT ASSISTANCE PURSUANT TO THE FLORIDA ENERGY EFFICIENCY & CONSERVATION SUSGRANTS PROJECT. - Title: Keys Energy Conservation Initiative 2010 Project Location: Monroe County Are there multiple partners? If 4 Grant Application Category: 1 so, state how many partners. LEAD APPLICANT Contact Name: Lisa Tennyson, Grants Administrator Organization: Monroe County Board of County Commissioners Address Line 1: 1100 Simonton Street Address Line 2: Office of Management and Budget, Room 2-213 City: Key West I State: Florida Zip: 33040 Email: Tennyson-lisa@monroecounty-fl.gov Phone: 305-292-4444 Fax: 305-292-4515 PARTNERING APPLICANT(S) Contact: Jay Gewin, Utilities Manager Organization: City of Key West Address Line 1: PO Box 1409 Address Line 2: City: Key West State: Florida Zip: 33041 Email: jgewin@keywestcity.com Phone: 305-809-3902 Fax: 305-809-3739 *Include additional partners as an addendum(#1). REQUIRED • •- i • Legal Name of Lead Applicant: j Monroe County Board of County Commissioners FEID No: 596000749 DUNS No: 07387657 CCR Expiration Date: 7/20/2010 MFMP Status: Registered/Current; Vendor #: F596000749-011 FUNDING REQUEST AND COST SHARE 1. Total Amount of Grant Funds Requested: $ 2,687,498 2. Total Matching Funds (Provided by applicant and project partners): $ 641,420 3. Total Project Cost (Add amounts in 1 and 2): $ 3,328,918 4. Match Percentage (Divide amount in 2 by amount in 3): 24% JOBS CREATEDIRETAINED 1. Total Short Term Jobs 0 2. Total Long Term Jobs 29 3. Total Jobs (Add the numbers from 1 and 2) 29 4. Total EECBG Funds Requested $2,687,498 5. Jobs Divisor (Divided the amount in 4 by $92,000) 29 6. Job Score (Divide the number in 3 by the number in 5) Please round to nearest whole number 1 Energy Efficiency and Conservation Block Grant Application Attachment A — Grant Application Form Page 17 of 38 ENERGY SAVINGS ' • MWh Saved Thousand Cubic Gallons Activity Million Source i Btu Saved Feet Natural Gas Gasoline Saved Saved Residential Solar Water 7,618 545 1,274 0 Heaters Energy Education Video, Mass Media 20,583 1,549 3,184 0 Dist., Radio Se ment Ball Field Lighting 3,283 — 302 ** 0 0 Retrofit KW Commercial, Residential and City Facility Energy Audits 22,995 1,483 1,986 0 and Outdoor Lighting Retrofit County Facility Audit 36,590 2,700 6,271 0 and Retrofit Total Source Btu 109,006 Saved millions Total Cost Savings $ 647,273 'Include additional activities as an addendum See attached Addenda #2 (" See Addenda #2) GREENHOUSEr • Activity Metric Tons Carbon Reduced Residential Solar Water 125 Heaters Energy Education Video, Mass Media Dist., Radio 356 Segment Ball Field Lighting Retrofit 104 KW Commercial, Residential and City Facility Energy Audits 379 and Outdoor Lighting Retrofit County Facility Audit and 633 Retrofit Total Carbon Reduced 2,482 metric tons 'Include additional activities as an addendum See attached Addenda #3 SPECIAL COMMUNITY• Identify any Special Community Designation(s) and provide documentation for any Special Area of Critical State Concern (See attached Addenda #4) Community Designation claimed as an addendum. OFFICIALCERTIFYING Certifying Official's Signature !f signed by a person designated by the local governing body, a copy of the resolution must be included. Certifying Official's Name (printed):-' Syl� urphy Title: Mayor Organization: Monroe County Board of County Commissioners Energy Efficiency and Conservation Block Grant Application Attachment A — Grant Application Form Page 18 of 38 IAddendum 1: Additional Project Partners Partner: City of Marathon Contact Person: Curtis Tookes, Grants Coordinator, City of Marathon Address: 9805 Overseas Highway, Marathon, Florida 33050 Phone: 305-289-5001 Email: tookescCD_ci.marathon.fl.us Partner: Islamorada, Village of Islands Contact Person: Mary Swaney, Executive Assistant to Village Manager Address: 86800 Overseas Highway, Islamorada, FL 33036 Phone: 305-664-6411 Fax: 305-664-6464 Email: mary.swaney�islamorada.fl.us I Enemy Efficiency and Conservation Block Grant Application Attachment A — Grant Application Form Ld Page 19 of 38 L 1 Addendum 2: Energy Savings and Energy Production, Additional Activities J I I ENERGY SAVINGS AND ENERGY PRODUCTION Activity Million MWh Saved Thousand Gallons Gasoline Saved Source Btu Cubic Feet Saved Natural Gas Saved Hybrid Vehicles 158 11 0 4,457 EECS 9,072 158 0 0 Street Lighting 8,707 800 0 0 Retrofit ** Ball Field Lighting Retrofit is not listed on the SEP metrics calculator. Metrics were calculated using USDEP data/methodology. Energy Efficiency and Conservation Block Grant Application Attachment A — Grant Application Form Page 20 of 38 L_� wI Addendum 3: Greenhouse Gas Reduction, Additional Activities 1 1 7 Energy Efficiency and Conservation Block Grant Application _ Attachment A — Grant Application Form l Page 2I of 38 Addendum 4: Proof of Designation as Area of Critical State Concern - Excerpt from Chapter 380, Florida Statutes 7 (State Agency: Department of Community Affairs) The 2009 Florida Statutes 1 '380.0552 Florida Keys Area; protection and designation as area of critical state concern.-- (1) SHORT TITLE. --This section may be cited as the "Florida Keys Area Protection Act." (2) LEGISLATIVE INTENT ---It is hereby declared that the intent of the Legislature is: I� (a) To establish a Iand use management system that protects the natural environment of the Florida Keys. (b) To establish a land use management system that conserves and promotes the community character of the Florida Keys. (c) To establish a land use management system that promotes orderly and balanced growth in accordance with the capacity of available and planned public facilities and services. (d) To provide for affordable housing in close proximity to places of employment in the Florida Keys. (e) To establish a land use management system that promotes and supports a diverse and sound economic base. (f) To protect the constitutional rights of property owners to own, use, and dispose of their real property. (g) To promote coordination and efficiency among governmental agencies with permitting jurisdiction over land use activities in the Florida Keys. (3) RATIFICATION OF DESIGNATION. --The designation of the Florida Keys Area as an area of critical state concern, the boundaries of which are described in chapter 27F 8, Florida Administrative Code, as amended effective August 23, 1984, is hereby ratified. (5) APPLICATION OF THIS CHAPTER. --Section 380.05(1)-(5), (9)-(11), (15), (17), and (21) shall not apply to the area designated by this section for so long as the designation remains in effect. Except as otherwise provided in this section, s. 380.045 shall not apply to the area designated by this section. All other provisions of this chapter shall apply, including s. 380.07. j (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE. --The Governor, acting as the chief Jplanning officer of the state, shall appoint a resource planning and management committee for the Florida Keys Area with the membership as specified in s. 380.045(2). Meetings shall be called as needed by the chair or on the demand of three or more members of the committee. The committee shall: (a) Serve as a liaison between the state and local governments within Monroe County. (b) Develop, with local government officials in the Florida Keys Area, recommendations to the state land planning agency as to the sufficiency of the Florida Keys Area's comprehensive plan and land development 1� regulations. ILLJJ� (c) Recommend to the state land planning agency changes to state and regional plans and regulatory programs affecting the Florida Keys Area. (d) Assist units of local government within the Florida Keys Area in carrying out the planning functions and other responsibilities required by this section. (e) Review, at a minimum, all reports and other materials provided to it by the state land planning agency or other governmental agencies. (7) PRINCIPLES FOR GUIDING DEVELOPMENT. --State, regional, and local agencies and units of government in the Florida Keys Area shall coordinate their plans and conduct their programs and regulatory activities consistent with the principles for guiding development as set forth in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, which chapter is hereby adopted and incorporated J herein by reference. For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. However, the principles for guiding development as set forth in chapter 27F 8, Florida Administrative Code, as amended effective August 23, 1984, are repealed 18 months from July 1, 1986. After repeal, the following shall be the principles with which any plan amendments must be consistent: (a) To strengthen local government capabilities for managing land use and development so that Iocal L� government is able to achieve these objectives without the continuation of the area of critical state concern Energy Efficiency and Conservation Block Grant Application Attachment A — Grant Application Form Page22 of38 designation. (b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) To Iimit the adverse impacts of development on the quality of water throughout the Florida Keys. (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. (g) To protect the historical heritage of the Florida Keys. (h) To protect the value, efficiency, cost-effectiveness, and amortized Iife of existing and proposed major public investments, including: I. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection and disposal facilities; 3. Solid waste collection and disposal facilities; 4. Key West Naval Air Station and other military facilities; S. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. (i) To limit the adverse impacts of public investments on the environmental resources of the Florida Keys. G) To make available adequate affordable housing for all sectors of the population of the Florida Keys. (k) To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan. (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida J Keys as a unique Florida resource. (8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT REGULATIONS. --The C omprehensive plan elements and land development regulations approved pursuant to s. 380.05(6), (8), and (14) hall be the comprehensive plan elements and land development regulations for the Florida Keys Area. J 7 I Energy Efficiency and Conservation Block Grant Application Attachment A — Grant Application Form 1 Page 23 of 38 L.J 7 B. PROJECT BACKGROUND PROJECT NARRATIVE The Keys Energy Conservation Initiative 2010 is a comprehensive energy savings project developed in partnership between the City of Key West, City of Marathon, Monroe County, and Islamorada, Village of Islands which will implement several cross jurisdictional and individual community energy savings activities. The partnership will use a variety of leverage sources to maximize the EECBG investment to execute a wide assortment of energy savings activities which will benefit 96% of the Keys population The Florida Keys is home to a number of national environmental treasures including the Everglades National Park, Big Cypress National Park, several national habitat refuge parks, the National Marine Sanctuary, and the only coral reef in the continental United States. These treasures and the Keys population are at ground zero for many issues related to climate change. As an Area of Critical State Concern, the local governments have made environmental stewardship a priority by embracing the South Florida Regional Planning Councils Climate Change Compact to encourages a regional collaboration on global climate change and forming "Green Task Forces" or "Sustainability Commissions" each of which will actively collaborate on this project to reduce the carbon foot print, energy consumption and costs. ] Aside from sharing a concern for global climate change, the partners share the ill effects that the economic downturn has had on operating and capital budgets. Shrinking tax revenues have made it difficult to begin new needed initiatives. By funding this grant request, the Commission will allow the Florida Keys to implement diverse energy efficiency programs that will positively impact the entire county by creating jobs, significantly reducing carbon emissions and providing a substantial cost savings for years to come. To execute this project, partners of the Keys Energy Conservation Initiative 2010 will implement Inter - Local Agreements to establish the partnership to implement the cross jurisdictional and individual initiative activities. The Keys Energy Conservation Initiative 2010 will include several cross jurisdictional activities that partners will implement collectively. The first is providing solar water heaters for low to moderate income families to reduce emissions, promote energy efficiency, and provide economic support to low and moderate income families. The local chapter of Habitat for Humanity, an experienced builder in the Keys, will administer this activity as an in -kind service valued at $15,900. Habitat for Humanity will oversee the installation of 20 units at an estimated cost of $6,500 per unit and use $9,000 in leverage from KEYS Energy's solar rebate program and $39,000 from a federal tax credit for solar and other energy efficiencies. The second cross jurisdictional activity will be the production of a 15-minute public awareness/education video to highlight the Keys Energy Conservation Initiative 2010, to convey energy efficiency and conservation measures to local residents, businesses and one million plus annual Florida Keys visitors and advocate for climate action mitigation now. The Green Earth Education Environmental Foundation will produce the video along with a radio segment for its Radio Green Earth program which airs on National Public Radio to promote EECBG funded initiatives in the Keys. It will donate $30,000 for pre -production costs. All partners will participate in this grant activity which will be leveraged by $13,919 in -kind services of University of Florida, $53,000 from Green Living and Energy Education (GLEE) and $7,681 from the County's Green Initiatives Task Force to develop content to host the video on their respective websites and to educate the public. The AIternative Energy Center at Key West High School will also partner in this effort to offer a green youth perspective. The AEC Director and science teacher, Josh Clearman was just awarded the first Governor's Serve to Preserve: Green Schools Award this past October. OF Extension Services Director, Doug Gregory, will be responsible for administering this grant activity. Mr. Gregory is climate change community educator that started the Green Living and Energy Expo in 2005, teaches solar photovoltaic installation classes to electricians and contractors through the Florida Keys Community College, and serves as the liaison for the County's Green Initiatives Task Force. The City of Key West will use EECBG funds to retrofit outdoor lighting at various local park ball fields. Current technology utilizes 42.12 KwH and 165.24KwH while the proposed new green technology will reduce usage to 31.28 KwH and 106.35KwH, providing an estimated cost savings of $1.5M to $2M and a total carbon reduction of 2,074.3 over the next 25 years. This grant activity will be overseen by Mark Z. Finigan, Assistant City Manager - Administration for the City of Key West. Jay Gewin, City of Key West EECBG Application -Section 8 Keys Energy Conservation Initiative 2010 Utilities Manager, will serve as overall manager for this activity. Rodrigo Delostrinos Jr, the Deputy Director of Community Services will coordinate with the vendor and manage the installation. KEYS Energy will provide installation for an in -kind donation of $54,936. Key West City staff time, valued at $51,775.50 or 1 FTE will be used as leverage for this grant activity. J The City of Marathon will utilize EECBG funds to conduct a greenhouse gas emissions inventory, conduct City and Community energy audits, and retrofit 250 outdoor lights. Marathon will use the greenhouse gas 3 emissions inventory to advocate for additional Community climate mitigation actions in the future. To Jj identify City and Community actions to reduce energy consumption and costs, Marathon will conduct an energy audit of 20 City facilities and fund 600 Residential and Commercial energy audits. To take immediate climate mitigation action, Marathon will retrofit 250 outdoor lights which with current technology use 294,897 KwH at a cost of $41,871.66 annually. Marathon anticipates the lighting retrofit will reduce KwH by 58,979 annually and reduce costs by $8,374.33 annually. These three projects will be led by Patti Childress, the City's Biologist and Land Steward, who with the support of the City's interdepartmental Green Initiative Team will supervise execution of the projects. The City of Marathon will apply City Staff time valued at 47,535.60, about .5 FTE, as well as $50,000 from Impact Fees and Street Maintenance Funds for a total of $97,535.60 as grant leverage. Monroe County will utilize EECBG funds to develop an Energy Efficiency and Conservation Strategy J (EECS) for county operations. The highly experienced sustainability firm, Cameron -Cole, LLC has agreed to partner to provide technical assistance for this activity (a portion of which, valued at $11,000 will be contributed in -kind), to a team of interdepartmental staff to develop the plan. The EEC will include energy efficiency policies, progress metrics, an implementation timeline, financing mechanisms and staff assignments. The County will also leverage $85,841 in resources from the University of Florida. OF Extension Services Director, Doug Gregory and Alicia Bentancourt, both climate science educators will be responsible for this grant activity. Monroe County will utilize EECBG funds to retrofit four county facilities (totaling 197,823 square feet) that were identified in the 2008 County Greenhouse Gas Emissions Inventory as very high energy users. The retrofits will provide an annual energy savings cost of almost $200,000 per year. The county will establish a mechanism to capture savings associated with the energy improvements and apply those funds to auditing and retrofitting the next highest prioritized facilities based upon county facility GHG inventory. The County's Director of Middle Keys Facilities Operation, Bob Stone, with over 30 years in construction and project management, will lead this grant activity. The County will apply 35% of Mr. Stone's time for project management, as well as supplies and grant administration, over 24 months, valued at $68,617 as leverage to this activity. Monroe County's vehicle fleet represents almost a third of the operational emissions, with a fuel/energy cost of over $1 million. The County will use EECBG funds to purchase 5 hybrid vehicles to replace 5 conventional gas -powered about 10% of its vehicle fleet. The County's Fleet Manager, Mr. Roy Sanchez, who has overseen the bio-fuel conversion of the diesel truck fleet as well as the maintenance of the Sheriff s Departments fleet of hybrid vehicles, will supervise this grant activity. The County will apply 10% of the fleet manager's time, valued at $9,100 as leverage. To further reduce transportation -related emissions, video conferencing, valued at $3,500, will be implemented throughout County offices and used as an in -kind grant match. Islamorada, Village of Islands will utilize EECBG funds to replace 90 existing street light poles with solar - powered ones in Islamorada Founders Park and the Islamorada Administrative Center & Public Safety Headquarters. An additional ten new light poles will be installed at three other Islamorada public parks. The project team includes John Sutter, Director of Parks & Recreation and Public Works, who has been the Director at Founders Park and PYH Marina since 2004. Mary Swaney, Executive Assistant to the Village Manager, who developed the original "Environmental Sustainability Plan" for the Village, will provide annual updates and monitor implementation. The Procurement/Grants Administrator, Cheryl Atkins, has been employed by the Village since January 2008, with experience in tracking and analysis of energy consumption and water usage data will the primary administrator of this Grant. The Village Staff time, valued at $36,273,00, will be used as in -kind leverage for this activity. J EECBG Application -Section B 2 Keys Enerff Conservation Initietive 2010 PROJECT NARRATIVE (cont.) C. DESIRED OUTCOMES Affordable Residential Solar Water Heater Component (Request: $130,000) • Install 20 small scale renewable energy applications through the replacement of electricity - powered hot water heaters with solar hot water heaters in low and moderate income homes. • Implementation of additional energy efficiency retrofits by coordinating with NexGenergy and Monroe County's Weatherization program. • Rebate of $450 per solar water heater from utility for total of $9,000 in leverage; • Federal tax credit of $1,950 for each of 20 families for a total of $39,000 in federally leveraged dollars. • Amount of electricity saved = 545 MWH • Total source BTU saved = 7,618 • Total carbon reduced (metric tons) = 125; • Annual estimated expected jobs created and/or retained = 2 jobs; • Cost savings = $40,061; Energy Efficiency Educational Video Communication and Outreach Component (Request: $30,000) E I • Development of script/content for an energy efficiency video; • Production of video; radio segment and airing on Radio Green Earth's NPR program; i • Placement on local government websites and television channels; • Placement of video and promotion of Keys Energy Conservation Initiative on Radiogreenearth.org and Green Living and Energy Education's website; ' • Dissemination of CDs, DVDs, and email; • Approximately 1 million viewers; • 12 Educational/TA workshops for Commercial and Residential Energy Efficiency measures; J• Annual estimated expected jobs created and/or retained = 1 job; • Cost Savings: $108,233 Retrofit Local Park Ball Field Lighting (Request: $745,000) • Reduce KwH usage at public facilities/parks and realize a net energy savings of 11.07 KwH 10.84 KwH and 58.89 KwH at various locations; • Reduce energy usage and energy costs; J • Save taxpayers and the city up to $2M in energy costs over a 25 year period; • Total carbon reduced (metric tons) over 20-25 year period: 2,074.3 - annual estimate 103.72; • Annual estimated expected jobs created and/or retained= 1. *Local Park/ Ball f eld lights were not included as an option in the metric calculator — the calculation used to calculate the energy, coast and carbon savings is based on a methodology provided by the U.S. Environmental Protection Agency. 1) Calculate basic operating KwH savings:(# of typical floodlighting luminaries X 1.62 KwH demand for luminaries) — (#of Green Generation luminaries X i_ 1.564 KwH demand per luminaries) X annual usage hours X # of years. 2) Calculate controls ejficiency KOHsavings: (estimated # extra minutes lights operate per on/offX # on/off cycles per year l X # of years) / (60 minutes per hour) X # typical floodlighting luminaries X 1.62 demand per luminaries. 3) Total KwH saved = basic operating KwH savings + Total KwH savings (calculated above) 4) Convert to metric tons cot saved = Total kWh savedX 0.000718 Greenhouse Gas Emissions Inventory, Energy Audits, and Outdoor Lighting Retrofit (Request: $400,000) • The Greenhouse Gas Emissions Inventory will establish a current baseline of emissions and energy usage and establish target emissions and energy reduction goals for the future. Recommended Community and City actions to reach reduction goals (create I job); • The Community Energy Audits will identify recommendations that individual home and business owners can implement to reduce energy usage. (create 1 job); EECBG Application -Section C Keys Energy Conservation Initiative 2010 • The City Energy Audit will identify recommendations the City can implement to reduce energy usage. (create I job); 7 • The Outdoor Lighting Retrofit will reduce the energy usage of one of the City's largest sources of energy consumption and provide evidence of the positive environmental and economic impact of energy conservation. • According to the SEP metrics calculator total source Btu saved = 22,995; Total carbon reduction (metric tons)= 379; Total cost savings=$128,971 annually. EECS Development Component (Request: $20,000) • Development and implementation of energy efficiency and conservation strategies for County Operations; • Retain technical assistance consulting services; • 12 Technical Assistance Workshops with Consultant and Interdepartmental Staff ; • Source BTUs saved annually (millions)= 9,072 • Total carbon reduced (metric tons) = 5; • Annual estimated expected jobs created and/or retained =1 job; • Total Cost Savings=$47,219 annually. Energy Audit and Retrofit Component (Request: $700,000) • Conduct 4 investment grade energy audits & retrofit 4 county buildings, (total sf 197,825); J• Increase the existing EPA Energy Performance Rating of the subject facility portfolio from 47 to 75; • Reinvest a dedicated portion of savings into future retrofit projects, creating sustainable model; • 4 Training Workshops for the County's public works staff related to efficiency retrofit measures. • 30% reduction of kWhlyr = 1,218,888 (30% is very modest, savings are likely to be far higher) • 30% reduction of total annual energy cost = $160,206 (per Energy Star CFO Calculator, again 30% is modest, and savings are likely to be higher); • Total source BTU saved (millions) = 45,662; 1 • Total carbon reduced (metric tons) = 791; • Total MWH saved=3,393; total cubic feet natural gas saved= 7,602; • Annual Cost savings = $197,960 per SEP Outcome Estimator; • Annual estimated expected jobs created and/or retained = 8 Hybrid Vehicle Purchase Component (Request: $120,000) • Replacement of 5 gas -powered County vehicles with 5 with hybrid vehicles; • 2 Training Workshops for County staff (10) who will be driving the hybrid vehicles & 4 Training r Workshops for County staff (4) who will be maintaining the hybrid vehicle Total Cost Savings attributed to Trainings annually • Total source BTU saved (millions) = 158; • Total carbon reduced (metric tons) = 572; r� • Reduced gasoline consumption annually = 4,457 gallons i . Annual estimated expected jobs created and/or retained = 1.3 • Total Cost Savings= $10,251, annually. Replacement of Street Lighting Poles ($400,000) • Reduce Islamorada's carbon footprint by decreasing electric consumption; • Total source BTU saved = 1,741,300; f• Total Carbon reduction metric tons = 31,047; (SEP metrics calculator) • Increase both local residents' and visitors' awareness of environmental sustainability issues by initiating a solar lighting program in highly visible public venues; • Save taxpayers $34,519 annually. f] EECBG Application -Section C Keys Energy Conservation initiative 2010 I L D. PROJECT DESCRIPTION:PROJECT NARRATIVE (cont.) Keys Energy Conservation Initiative 2010 provides comprehensive energy saving projects throughout the Florida Keys as well as an educational component to inform residents, businesses and visitors how these energy efficiency and conservation measures may benefit them directly. Activities integrated in this project include: Affordable Residential Solar Water Heater Component (Request: $130,000) The installation or replacement of conventional hot water heaters with solar will reduce emissions, promote energy efficiency, and will assist low to moderate income families economically (energy costs for hot water typically account for 113 of a family's energy bill). The local chapter of Habitat for Humanity (HFH) has agreed to administer this activity which will be made available for new construction and replacement units (commitment letter from HFH is attached). HFH is knowledgeable about the stock of affordable homes, has ready access to potential eligible families, and is very experienced with construction and design as welt as the county's permitting process. HFH will identify eligible families and then work with appropriately licensed contractors to coordinate the purchase and installation. j In an effort to maximize EECBG grant funds the partners will integrate and leverage existing programs that have cross jurisdictional impact, including the local utility's rebate program for solar water heaters ($450 per heater, for a total leverage amount of $9,000) and the County's Weatherization program. Although the weatherization program may not be used as leverage, the activities of that program will complement the EECBG grant and program activities will be coordinated to maximize efficiencies and benefits to low and moderate income families. Weatherization activities include evaluating the homes of low-income families and implementing fairly simple and inexpensive energy efficiencies. NexGenergy will provide supplemental residential audits and TA workshops for residential and business retrofits (in -kind services value $18,000). Further, the project will be leveraged by the federal Residential Energy Efficient Property Credit worth up to 30% of the project cost, with no cap (even if the cost of the heater is subsidized.) At approximately $1,950 each, the total leverage value of the federal tax credit is $39,000. Energy Efficiency Educational Video Communication Component (Request: $30,000) A 15-minute video and radio segment for NPR will be produced by The Green Earth Environmental Education Foundation to highlight the Keys Energy Conservation Initiative 2010. The video and radio segment will be produced for TV, radio, the net (on all partners' websites) and distribution by CD, DVD, and email. The Foundation produces "Radio Green Earth" the only program in S. Florida that is dedicated exclusively to environmental issues in Florida. The educational video and radio segment will reach local residents and more than 1 million annual visitors to the Florida Keys. The video will highlight conservation measures that can implemented in homes and businesses, inform viewers about tax incentives and rebates, new technologies, the benefits of green building, and inform stakeholders about what action local governments are taking to both reduce our carbon footprint and save tax dollars. Radio Green Earth is contributing $30,000 in -kind services. Time and expertise of the Monroe County Green Initiatives Task Force (valued at $7,681), OF climate science educators (valued at $17,789) along with key community leaders throughout the Keys will be leveraged as they work to develop the script and content of the video with Radio Green Earth. GLEE and NexGenergy will provide supplemental educational outreach and TA workshops to businesses, residents and policy makers (in -kind services valued at $53,000). Retrofit Local Park Ball Field Lighting (Request: $745,000) The City of Key West has identified six public parks which are used to maximum capacity, including the Clayton Sterling Sports Complex, Dewitt Roberts Softball Field, Rosa Hernandez Softball Field, George ` Mira Football Field, Nelson English Park and the Pepe Hernandez Park whose lighting infrastructure is antiquated and therefore energy consumption and costs are exorbitant. This activity will include retrofitting all lights with new energy efficient light fixtures which will save considerable KwH and an estimated $1.5M f to $2M over a 25 year period. (Ballpark lights were not indicated on the metrics however the methodology used to calculate energy and cost savings and carbon reduction is listed in Section Q. EECBG Application -Section D Keys Energy Conservation Initi2 ive 2010 1 Greenhouse Gas Emissions Inventory, Energy Audits, and Outdoor Lighting Retrofit (Request: $400,000) Phase 1: Greenhouse Gas Emissions Invento1y The City of Marathon will hire a Consultant to conduct the Greenhouse Gas Emissions Inventory. The Marathon Green Initiative Team (MGIT) will meet with the Consultant to identify the scope of the inventory and the information needs. The Consultant will analyze the accumulated data and with the input of the MGIT and Community Representatives establish a baseline emissions inventory for a base year and for a forecast year, identify recommended emissions reduction targets for the forecast year, and identify recommended actions, policies, and measures. A final report documenting the results and recommended strategies will be presented to MGIT for implementation. Phase 2: Energy Audits The City of Marathon will hire a Consultant to conduct the Community Residential and Commercial Energy Audits and another to conduct the Energy Audit for City Facilities. The MGIT will meet with both Consultants to define the scope of the audits. The results and recommendations of both studies will be made available to residents and the business community. Phase 3: Outdoor Lighting Retrofit Sombrero Beach Road Street Lights and Marathon Communi1y Park Lights) The City will issue a bid for a Contractor to conduct the outdoor lighting retrofit. The Contractor will retrofit 250 outdoor lights under the supervision of the City's Community Services Department. The 'i City will document the project with photographs of the retrofit work. EECS Development Component (Request: $20,000) In May 2009, the Monroe Board of County Commissioners adopted a resolution to reduce GHG emissions. With the assistance of ICLEI, the County completed a GHG Emissions Inventory for County operations: Facilities, Fleet, Streetlights and Traffic Signals, and Airport Facilities. This baseline inventory is the first step in the development of an Energy Efficiency and Conservation Strategy (EECS) for County operations. The county will retain technical consultant services to assist a team of interdepartmental county staff members with the formulation of energy efficiency, energy conservation, and energy usage goals; identification of strategies to achieve those goals; metrics for measuring progress; an implementation timeline; a description of financing mechanisms; and staff assignments. The EECS will be designed to ensure that we sustain the benefits of EECBG investment well beyond the grant period. Monroe County is committed to the long-term work of monitoring and verifying the progress of its reduction strategies. The effort will leverage the resources of Cameron -Cole ($11,000); University of Florida; (valued at $85,841); Monroe County ($3,900) and the County's Green Initiatives Task Force (valued at $5,760), for a total leverage amount of $I06,501. Energy Audit and Retrofit Component (Request: $700,000) The scope of this activity focuses on energy conservation measures for four Monroe County facilities in Key West with a total square footage of 197,823 and an annual energy cost of $534,019. According to the 2008 Monroe County Greenhouse Gas Emissions Inventory, county facilities represent 55% of operational emissions, with a total energy cost of over $1.6 million to county taxpayers. The 4 facilities identified herein for retrofits with EECBG funds were identified as the highest prioritized projects according to their energy usage, carbon emissions levels, energy savings and potential return on investment. Energy Star's CFO Calculator estimates that a 30% energy savings and utilizing only 50% of those savings would support a project budget of $768,617. The county will establish a mechanism to capture the savings associated with the energy improvements and apply the funds to auditing and retrofitting the next highest prioritized facilities based upon county facility GHG inventory. With the Monroe County Board of County Commissioner's approval, an Energy Conservation Reinvestment Account (ECRA) will be established whereby a portion of the annual energy savings realized from an energy conservation project would be placed in the ECRA. This provides for on -going energy conservation improvements and maintains job creation and market development. The County will be applying 35% of Project Manager's time, valued at $68,617 as leverage toward this grant activity. Investment Grade Energy Audit J • Develop an accurate base -line energy use and in-depth report of quantifiable energy conservation recommendations in order to determine the most cost effective improvements and to ensure the best possible use of retrofit funds; • Define scope of work and develop construction bid documents; EECBG Application -Section D r Keys Energy Conservation Initiative 2010 • Develop energy efficiency program for operations and users; • Develop commissioning plan. Building Retrofit — ECM implementation with a focus on: • Retro-commissioning emphasizing building control continuity and efficiency; • Upgrade lighting with emphasis on meeting task and occupant needs; maximizing lamp and ballast efficiency; installation of automatic lighting controls; • Supplemental load reductions emphasizing building envelope integrity and insulation; • Upgrade air distribution system emphasizing properly sized fan and variable air volume systems; • Upgrade heating and cooling system emphasizing energy efficient chillers and chilled water delivery systems including variable speed drives for pumps and cooling towers; • Implement and report ongoing measurement and verification activities; • Implement energy efficiency program for operations and facility users. • Installation of interactive web -based and touch screen Building Energy "Dashboard" for each of these highly public facilities to provide transparent, real-time and historic resource use to the public and policy makers. Hybrid Vehicle Purchase Component (Request: $120,000) The County's vehicle fleet represents almost a third of the operational emissions, with an energy cost of over $1 million. The County is particularly challenged by its linear geography, representing a jurisdiction that is 130 miles long. County operations take place throughout this entire length and require staff to drive often and for long stretches, adding high mileage to county vehicles. The County can reduce GHG emissions, one trip at a time, by changing the types of vehicles driven and types of fuels used. Hybrid electric vehicles combine the benefits of high fuel economy and low emissions with the power, range, and convenience of conventional diesel and gasoline fueling. Monroe County wiII purchase 5 hybrid vehicles to replace 5 conventional gas - powered vehicles in its fleet. This represents a 10% replacement of the County's administrative fleet. The vehicles will be specially demarcated with paint, logos, decals, etc. to increase public awareness of AFV and to advertise the County's efforts to reduce our energy use. This grant activity will complement our current efforts to maintain our bio-diesel converted fleet, replace higher emitting vehicles with vehicles that meet or exceed the most current EPA emission standards, ensure that the vehicle purchased "fits" the size of the duties for which it is intended, and where feasible, pool county vehicles and reduce the size of the fleet. The County will apply 10% of the fleet manager's time, valued at $9,100, as leverage. Replacement of Street Lighting Poles (Request: $400,000) Islamorada will replace interior street lighting, dog park lighting, and security lighting in Founders Park and the Administrative & Public Safety Headquarters parking lot located within the park. This work will consist of stripping 90 existing poles, removing current heads, inspecting each post for damage, repairing any damage, preparing poles for new solar heads to be installed, adjusting and strengthening mounts and adding mounting brackets; installing solar heads. Install 10 new light poles at Plantation Hammock Preserve; Plantation Tropical Preserve, Hurricane Monument and Library Parks. This work will consist of purchasing desired posts, surveying properties for Iocations for new posts, installing posts and installing the solar heads. I EECBG Application -Section D -� Keys Energy Conservation Initi2tive 20I0 I J PROJECT NARRATIVE (coot.) E. PROJECT MILESTONES/ DELIVERABLES/OUTPUTS: Affordable Residential Solar Water Heater Component (Request: $130,000) • Develop and issue RFP for Solar Water Heater Purchase and Installation Month I Month 2 • Coordinate with Habitat for Humanity to establish qualifying criteria for eligible homeowners and develop application Month 2 Month 2 • Advertise availability of program in local media Month 3 Month 3 • Select vendor and negotiate contract Month 3 Month 3 • BOCC contract approval and contract execution Month 4 Month 4 • Accept applications from interested homeowners Month 4 Month 4 • Rank and develop list of qualifying homeowners Month 5 Month 5 • Oversee installation of solar water heaters in 20 qualified affordable homes Month 5 Month 16 • Coordinate with Weatherization program to assist homeowners With additional energy efficiency retrofits for their homes Month 5 Month 16 • Coordinate with Keys Energy to assist homeowners with rebates Month 14 Month 16 • Substantial Completion of Project Month 16 Month 17 • Project Close-out, Final Report Month 18 Month 18 Energy Efficiency Educational Video Communication and Outreach Component (Request: $30,000) • BOCC contract approval and Contract execution with Environmental Education Foundation Month 2 Month 3 • Coordinate with and schedule Partners', Green Initiatives Task Force, UF, GLEE, AEC to develop the content for Energy Educational Video Month 3 Month 5 • Production of Educational Video Month 6 Monthl0 • Place Video on County and Partners' websites Month 10 Month 10 • Production of Radio Segment for Radio Green Earth's show on NPR Month 10 Month 12 • Coordinate educational outreach with ongoing technical assistance workshops for businesses and residents Month 10 Month 16 • Increase the number of "Green Businesses" by 100% Month 10 Month 18 • GLEE's Annual Event to recognize the Florida Keys Energy Initiative Month 12 Month 12 • Substantial Completion of Project Month 17 Month 18 • Project Close-out, Final Report Month 18 Month 18 Retrofit Local Park Ball Field Lighting (Request: $745,000) • Implement ILA with partners and take appropriate Commission action Month I Month 2 • Solicit RFP for ballpark lighting Month 3 Month 4 • Select vendor and negotiate contract Month 5 Month 6 • Oversee installation of ballpark lights Month 6 Month 1 I • Complete final details and grant documentation Month 12 Month 13 EECSG Application -Section E. Keys Energy Conservation [niti2tive 2010 8 r-1 Energy Audits, Outdoor Lighting Retrofit, and Greenhouse Gas Emissions Inventory (Request $400,000) • Issue RFP's for 3 Consultants to conduct, Greenhouse Gas Month 1 Month 2 Emissions Inventory, Community Energy Audits and City Energy Audits • The Marathon Green Initiative Team will meet with Community Month 2 Month 4 representatives to conduct Energy Audit preparation actions • The City will sign contract with Consultants • The Marathon Green Initiative Team and Community Month 4 Month 5 Month 4 Month 5 representatives will meet with the Consultants to define the scope of the audit, identify the audit information needs, and begin gathering audit information • The Consultant with the support of the Marathon Green Initiative Month 5 Month 8 Team and Community representatives will begin site inspections and measurements • The Consultant will complete information collection and site Month $ Month 12 inspections and measurements and begin analysis of data • The Consultant will write a draft of the final report which Month 12 Month 13 establishes a baseline emissions inventory for a base year and for a forecast year, identifies recommended emissions reduction targets for the forecast year, and identifies recommended actions, policies and measures. • The Consultant will deliver a draft of the final report to the Month 13 Month 14 City for comment. • The City will deliver comments back to the consultant Month 14 Month 15 • Consultant will deliver final report to the City Month 15 Month 16 • Deliverable: City will adopt final audit report Month 16 Month 16 EECS Development Component (Request: $20,000) • Develop Scope of Work for EECS Month 1 Month 3 • BOCC Contract approval and contract execution with Technical Assistance Consultant Month 3 Month 4 • Coordination meetings with staff and Green Initiatives Task Force Month 4 Month 6 To assist consultant with plan development and data • Formulation of an EECS for county facilities and operations including energy efficiency, energy conservation, and energy usage goals; identification of strategies to achieve those goals; metrics for measuring progress; an implementation timeline; a description of financing mechanisms; and staff assignments. Month 6 Month 12 • BOCC approval and adoption of EECS Month 12 Month 13 • Project Closeout and Final Report Month 14 Month 14 �f EECBG Application -Section E Keys Energy Conservation Initiative 2010 9 I IEnergy Audit and Retrofit Component (Request: $700,000) 0 0 Engineering Task Order and Agreement BOCC approval of contract with engineering firm to conduct Investment Grade Energy Audits • Completion of detailed investment grade audits detailing Baseline energy use in facilities and listing all potential energy efficiency measures • Define scope of work and develop construction bid documents • Develop energy efficiency program for operations and users And commissioning plan • Advertise Bid • IL BOCC approval of contract & contract execution ECM Implementations /Construction * Ongoing measurement & verification • Disaster Contingency • Project Close-out Hybrid Vehicle Purchase Component (Request: $120,000) • Prepare purchase order for 5 hybrid vehicles t• Complete purchasing requirements and documentation • Arrival of vehicles • Paint/Decal vehicles 0 Training Workshops for Drivers • Training Workshops for Maintenance • Project Closeout, Final Report Replacement of Street Lighting Poles (Request: $400,000) • Identify and designate exact Iocations for new light poles, • Prepare bid documents Advertise for bids for electricians to begin the preparation of the retrofit on the 90 existing poles I� • Advertise or obtain quotes for the purchase of the 100 solar powered light fixtures to be retrofit. • Have existing underground utilities located and sites marked for new light poles • Award contract to electrician for the preparation of existing poles U • Award purchase order for the purchase of the 100 solar powered light fixtures • Substantial Completion of project • Final Completion and Closeout EECBG Application -Section E IO Keys Energy Conservation Initiative 20 10 Month 1 Month 2 Month 2 Month 2 Month 3 Month 5 Month 5 Month 6 Month 6 Month 7 Month 8 Month 10 Month 20 Month 22 Month 22 Month 1 Month 2 Month 4 Month 6 Month 8 Month 10 Month 12 Month 7 Month 7 Month 9 Month 20 Month 24 Month 22 Month 24 Month I Month 2 Month 6 Month 7 Month 9 Month 11 Month 12 Month I Month 2 Month 2 Month 3 Month 3 Month 4 Month 4 Month 7 Month 9 Month 7 Month 8 Month 9 Energy Efficiency and Conservation Block Grant I Application 1 I Attachment: Project Activity Budgets -d I In a c a) m m L U c0 i7 f/3 co V � Z 12 o W J cL) a O LL a Cc O o LL WU3 U Cn a Co L W a r Qf O W E 6 a Z L N co (� 0 a = 0,(n ++ O �U v) a m 0 ❑ ll�I � ❑ � c m m° W LLI `c 0Oo a� G. ,� U c to LL 4- U "' U fR '� 0 a) O C p a) o U c a) F- 0 2 o �,(7 0 o�LLo LL 2Y[iZ �U t aa)i C d CD CD O 00 Y' Y C1 o0 CD W)c IV o c o co c� 0d — c °r° v� v cro U + o t d 6A 69 coo 69 v) 0 U- f0 t U � LL CA a 0 C7 f[ U 11 co N O v Oo O i0 UL 41% 60- 60 V vN� cn aUr_ m O cl x N o a) M CD 'D s a) =' E Q Cu L (jj m o U isw Un ti l— U) v- LU U 5 (Ni c*i tr I Sri cfl r-� I�L di 1 _Z C � • �.• z z Q O U r• +y+ N o n {j v� �++z Z Z L V If II L CO�y L Lu E N O tAl R C) 0 O to V ch cV co }— LO cri 69 64 69 EA 60 11 II 11 11 11 O c� R .tC Lu U W U- O L i. r E•• N � O O U N esr i O Z O p a U- = o ea � Z =_ O N d •L O R O U C � y �O •D r d d N O Q ti rN+ H O w c O U L V 'r3 � O II 11 L (� C7 E m� a� C N U-� T :. 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L 9) ^a C CS M CT to <D i Qi• CD CCL D L c d G °' U w Z m 0 x x CD F� 7 Z 0 V J J- I I 7 �o O W !•- O 64 64 69 64 69 w v � sv L A U m L ,Y w O N �O U 611 69 69 10 613 II 11 II if li II O of U s�7 oo a U 69 6% 69 69 4S% n II n n n 0 CD U �Noa c� 0 Sd �0 r L So V w tQ w C1 U L1 � w m 64 69 f!3 69 d O cc 0 CD CO R 0 C U O O US O (? +•' 7 Ms -v m ` M C = U � � C C ti N 0 U r E ifl h0 s- O d a r ONO O c# O O H 00 r � co 6�} ER 64 69 69 69 fA + + + + + . N O U c L io FQ a o O O 0 C o a" Cl 0 0 0 d3 69 69 6F! 69 69. FR II II II II II II II 0 Im 0! R U d L N fwA O _ 0 cocG pip O r 0 O 0 O N t O O r 69 613 64 69 69 69 69 d En � � O m of w c� O •O G. CL m W O U � O ~ O ~ L ca cu _ O .� 6 'i X O 0o co LU W U U a 1 w J 0 0. I I I W 1 z 0 U w a W z 0 H a W z W LU _M W W 3 w CL w m a �y O N � N '� to EC C O U �U L) W N c7 LU C W f' C U � Oo LL rn IL CD U: U C C O :_. N 7 � 70 u LL L.L C O nS N N O y- O L fB 'a d LL1 IL :2 = LU O c O O O S y v U LL U ? 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Suite 3204 - Palm Beach Gardens, FL 33410 •561.627.1810 - Fax 561.627.2270 - www.radiogreenearEh.org V ; :, - 1 December 22, 2009 Ms. Lisa Tennyson u J — Monroe County ._,r�l 1_� Re: Radio Green Earth 3 Y: ---- � -- r3---_�-,--- Dear Ms. Tennyson: Please accept this letter as confirmation that Radio Green Earth is very excited about partnering with Monroe County, and its other potential grant applicants, for the State of Florida "Competitive Non -Entitled Cities and Counties Energy Efficiency and Conservation Block Grant" through the. Departmpnt of Energy. Radio Green Earth is a production of the Green Earth Environmental Education Foundation, an IRS 501 (c) 3 non profit entity. Radio Green Earth broadcasts every Saturday from 5-6 pm on WXEL 90.7FM, West Palm Beach's National Public Radio affiliate. By way of background, Radio Green Earth is an Environmental Education program produced for Public Radio. Our listeners hear the latest environmental news from the experts on subjects like alternative energy, climate change, green buildings, schools, energy efficiencies, tax incentives, funding for green projects, protecting the environment, the Everglades restoration, water conservation, and much more. We inform listeners about the technologies, products, and practices they can employ to become greener in every area of their business or life. We have guest experts on our program which include government policy makers, green builders, green product manufactures, regulatory officials, journalists, environmental consultants, non -governmental organizations, and experts on environmental topics. As discussed, we are very excited about being a partner in this grant application and advancing the goals of Monroe County, and its partner grantees, to add an educational component to its energy strategy. We feel that this piece of your grant strategy will have long lasting benefits for the community at large. Our participation is comprised of two components. First, Radio Green Earth is to produce a short 15 minute educational communications piece to be utilized by all grant applicants through their websites to educate their constituencies about energy conservation measures that they can implement in their homes and businesses. We estimate our production costs for this education component to be $30,000.00. Second, Radio Green Earth will donate in -kind services to develop the content for this educational program and coordinate with the entities you designate to complete this task. This could include, but not be limited to, development of the script/content, interviews with elected decision makers and key community leaders on energy conservation initiatives. We will develop the content for the first component through the donation of in -kind services va!tued at $30,000.00. These in -kind services should be considered costs that would normally need to be incurred to successfully develcp and produce component one mentioned above, but because we believe so strongly in the work you are trying to accomplish, we pledge these in -kind services to keep your grant obUgations dour, while reaching the maximum number of constituents. Again, we are very excited to participate and we hope that you will kindly accept our offer of in -kind services to make this energy conservation project a huge success. For any additional question you might have, please do not hesitate to call me at (800) 627-1806. Sincerely, '94 �e Ud 1 Jon R. Poggi, President Green Earth Environmental Education Foundation Lll Executive Producer/Radio Green Earth J "'f=ra�4r,mrnc wal La:wwiou {i)r- Ptfi)hc R;r,i?,) _. � P-od ction at'the Green l;arth Envirnn num,sl E.JUCcItion F0UTiilaiivin I • iKey West & Lower FL Keys e • Habitat for Humanity" Ms. Lisa Tennyson Grants Administrator Monroe County January 27, 2010 Re: Partnership with Monroe County's EECBG program Dear Ms. Tennyson: Please let this letter serve as confirmation and commitment of Habitat for Humanity of Key West and the Lower Keys partnership with Monroe County, and its municipal co -applicants, for the State of Florida "Competitive Non Entitled Cities and Counties Energy Efficiency and Conservation Block Grant" J through the Department of Energy. Habitat for Humanity of Key West and Lower Florida Keys, Inc. strives to eliminate substandard housing and provide decent, low cost, and affordable housing through new home construction, restoration and emergency residential repairs for the economically disadvantaged. Habitat works to make home ownership affordable for people willing to invest their time and effort. Habitat for Humanity builds and rehabilitates homes using donated resources: volunteer labor, management expertise and tax deductible donations of money and materials. Habitat homes are earned by partner families who invest sweat equity hours working on Habitat projects. Partner families make reasonable, no -interest monthly mortgage payments to Habitat, which go into a revolving fund that supports the construction of more new affordable homes in our communities. Habitat for Humanity is proud to partner with Monroe County's EECBG program to install solar water heaters in approximately 20 affordable homes throughout the County and municipalities. The Florida Keys has the highest housing costs in the State. The energy costs for hot water typically account for 113 of a Keys' family's energy bill. The replacement of conventional waters heaters with solar will not only help reduce emissions and promote energy efficiency measures in our 30320 Overseas Highway Big Pine Key, FL 33043 L Phone: 305-872-4456 Fax: 305-872-4404 Email: info( ) ziabitadowerkeys orQ www.h.abitatlowerkeys.org Building houses and lives in partnership with all Gods People in need. I J housing stock, it will greatly assist low and moderate income families economically. Habitat for Humanity of Key West and the Lower Keys will administer this grant activity. HFH is knowledgeable about the stock of affordable homes, has ready access to potential eligible families, and is very experienced with construction and design, and the county's permitting process. HFH will identify eligible families and then work with appropriately licensed contractors to coordinate the permitting, purchase and installation process. We estimate the value of this in - kind service to be $ 15,900. This is calculated as such: Application Processing $3200 Advertising $ 450 RFP/Contract Award $2600 Site Coordination $8200 Support Services $1450 Sincerely, 030.E Bob Calhoun Executive Director 30320 Overseas Highway Big Pine Key, FL 33043 Phone: 305-872-4456 Fax: 305-872-4404 Email: info(aNhahitadlowerkeys.www.habitatlowerkeys_org Building houses and lives in nrrrtnorshin inith. all. Ond c nennLe in. neeri_ I (305) 295-1000 Misr 1001 James Street Po Box 6100 t?E.9y Key West, FL 33041-6100 Services iA%m.KeysEnergy.cGm UTILITY BOARD OF THE CITY OF KEY WEST February 1, 2010 Mr. Jim Scholl City of Key West 525 Angela Street Key West, FL 33040 Dear Mr. Scholl: Please accept this letter as confirmation that KEYS Energy is committed being a partner of the Florida Keys Energy Conservation Initiative 2010, and supports this collaborative effort between the City of Key West, City of Marathon, Monroe County, and the Villages of Islamorada. Keys Energy supports the energy conservation activities included in the grant application to the FECC for the Energy Efficiency & Conservation sub -grants to Non -entitled Cities and Counties and is pleased to have an active role in contributing to its success. As a partner, KEYS Energy will contribute the installation of new energy efficient light fixtures in six ball parks located in the City of Key West. The ball parks included in this activity are: Clayton Sterling Sports Complex, Dewitt Roberts Softball Field, Rosa Hernandez Softball Feld, George Mira Football Field and Pepe Hernandez Park. The value of this in -kind contribution is $45,936 which includes labor and transportation costs. In addition, KEYS Energy supports the Affordable Residential Solar Hot Water Heater activity included in the grant application. KEYS has allocated $88,000 toward its energy efficiency rebate program. A rebate for the solar hot water heater is $450 per unit and it is estimated that KEYS will offer rebates through its rebate program for an estimated 20 units for a total in -Kind contribution of $9,000. KEYS Energy is delighted to offer a total in -kind contribution of $54,936 in support of the Florida Keys Energy Conservation Initiative 2010. Sincerely, Lynne Tejeda General Manager & CEO Lynne.Tejeda@keysenergy.com File: PLI-132 J I 2/6/2010 1 Ms. Lisa Tennyson Monroe County Re: NexGENergy, LLC Dear Ms. Tennyson: Please accept this letter as confirmation that NexGENergy, LLC is pleased to offer "in -kind" services to Monroe County as it applies to for the State of Florida "Competitive Non -Entitled Cities and Counties Energy Efficiency and Conservation Block Grant" through the Department of Energy. NexGENergy, LLC is a boutique Key West based consultancy with over 25 years of education experience. We provide alternative energy consulting for school districts, municipalities, and American Indian tribes. Our specialty is safely integrating biodiesel, wind turbines, sustainability, entrepreneurship, and solar into secondary classrooms and communities. We are registered as a Federal Contractor, DUNS # 831982108. NexGENergy can: I. Provide solar water heater planning for affordable homes. We can assist and educate homeowners with recommendations for other energy efficiency retrofits. 2. Provide budget and cost analysis for hybrid vehicle selection (s). 3. Facilitate investment grade energy audits and retrofits for Monroe County buildings, facilities, and infrastructure. 4. Development of an Energy Efficiency Conservation Strategy for County operations. We can offer 50 hours of consulting services. We value these "in kind" services at $18,000.00 Sustainably, �41 Josh Clearman, Partner 305-393-3035 josh@nexgenergy.com cc: Reiter, Goldman J 17170 Mosher Dr, lea :305.393.:303 Stunnlerland Kev, FL:33042 1 Wei 1 1 1 �rh Cameron -Cole 6 V, February 2, 2010 Lisa Tennyson ' Office of Management and Budget Monroe County, Florida J 1100 Simonton Street Key West, FL 33040 Re: Energy Efficiency Conservation Block Grant (EECBG) Application Dear Ms. Tennyson: Please include this letter of commitment in your application as assurance that Cameron Cole, LLC (Cameron -Cole) is providing matching funds for your grant program. Cameron Cole is committed to providing funds towards the development of your County facilities and operations Energy Conservation Strategy (ECS). We are very excited about this effort because we think this will greatly assist the County's interdepartmental team in finalizing a baseline to develop strategies that will reduce greenhouse gas (GHG) emissions, and it will help the County ultimately comply with several recent laws and regulations (some currently under development) requiring local governments to develop strategies to reduce their GHG emissions. We believe this effort will meet three of the desired outcomes as stated in the Independence and Security Act of 2007 for the EECBG program: • "Increased energy efficiency, reduced energy consumption and reduced energy costs through efficiency improvements in the building, transportation and other i- appropriate sectors;" • "Improved coordination of energy -related policies and programs across �J jurisdictional levels of governance and with other local and community level programs in order to maximize the impact of this program on long-term local priority' r-, 200 E. Government Street, Suite 100, Pensacola, FL 32502 P. 850.434.101 1 F. 850.434.2E 68 S-1completed ProposalslProp120I O\BD170I ODH.LTR l �3 '�J I I I February 2, 2010 Page 2 of 2 "Leveraging of the resources of ... local governments ... private sector ... to maximize the resulting energy, economic and environmental benefits." We are impressed with the County's efforts to begin creating a baseline of GHG emissions as well as develop a target for reductions. We believe that the County has taken a very important step in the creation of its interdepartmental team and we believe that we can greatly assist the team in reviewing the existing data collected, identifying any additional data needs and helping create an ECS for County facilities and operations. We will review and help finalize the inventory of energy use and GHG emissions for municipal operations and all vehicles for a baseline year based upon an appropriate protocol for inventory development. We will work with the County's team to address Scope I (direct emissions from combustion) and Scope 2 (indirect emissions from imported electricity) for the County' operations. The ECS will include a forecast estimate on a "business as usual" case where no intervention to reduce emissions is applied. A single forecast year will be selected in coordination with the County's team, the growth rate for each part of the inventory will be applied to the baseline emissions, and a total emissions estimate for the forecast year will be provided. An emissions profile will then be created, and this analysis will assist in prioritizing the efforts for reduction based on the areas of greatest contribution to the total amount of emissions. Benchmarking of indicators (metrics), goals and targets utilized by other similar counties will aid in creating an appropriate performance framework. Cameron Cole has completed numerous similar efforts nationally and has assisted local governments with selecting both an appropriate protocol for the inventory as well as a measurement and verification approach to provide for continual feedback in reaching the County's goals. Cameron Cole desires to be a part of this exciting project and we are therefore willing to provide in -kind services in the amount of $1 1,000 in the form of a reduced rate for this project, thus providing its own sources of matching funds to further this effort. Please see an attached estimate of our funds to create an inventory like the one described herein. Once again, we are very excited to work with you on this project and hope that our private resources will significantly assist in developing Monroe County's ECS. For any additional questions you might have, please do not hesitate to call Debra Hitchcock at (850) 444-4871. Sincerely, Debra f. Hitchcock, P.E. Regional Manager Susan W. Ellis Manager of Sustainability Services I Cameron -foie Cameron -Cole Estimate of Funds for Creating a GHG Inventory as Part of Monroe County's ECS I I 1 7 UFIFLORIDA IFAS Extension Ms. Lisa Tennyson Grants Administrator Monroe County January 25, 2010 Re: University of Florida Extension Services Participation UFIIFAS/Monroe County Extension 1100 Simonton Street, #2-260 Key West, FL 33040 305-292-4501 - Phone 305-292-4415 - Fax Dear Ms. Tennyson: Please accept this letter as confirmation that University of Florida, Monroe County Extension is excited about partnering with Monroe County, and its other potential grant applicants, for the State of Florida "Competitive Non - Entitled Cities and Counties Energy Efficiency and Conservation Block Grant" through the Department of Energy. ss University of Florida Extension brings experience in program development, delivery, and evaluation to the project. Our mission is to bring the current research and best practices from the University of Florida to Monroe County for the benefit of our residents. Our office is working across departments to support efficiencies and leading the Green Initiatives Task Force. We offer access to state specialists in energy, climate change and education including Florida Institute for Sustainable Energy, Florida Solar Energy Center, and the University Of Florida Office Of Sustainability. In addition we have over 30 years combined experience as local community educators. We have delivered programs on energy and water conservation, recycling, and native landscaping, solar PV installation, and other efficiency topics. The UFIIFAS Extension Service recently completed an inventory of greenhouse gas emissions for Monroe County government operations to help the county identify its energy usage and carbon emissions levels. This data will guide the development and implementation of an Energy Efficiency and Conservation Strategy for County operations to reduce its energy usage, reduce its emissions and reduce its costs. The UFIIFAS Extension Service will provide leadership and technical assistance on the development of this strategy as part of the County's EECBG program initiatives. Extension will provide technical support for the coordination of energy -related policies and programs across jurisdictional levels of governance and with other local and community Ievel programs in order maximize the impact of this program on long-term local priorities. Additionally, Extension Services will complement the County's EECBG educational video component by assisting with content development and providing supplemental outreach and education for county employees, residents and business to increased energy efficiency, reduced energy consumption and reduced energy costs through efficiency and conservation. Extension will provide classes and consultations for residents on conserving energy at work and at home. We will also be supporting the County by providing research on sustainability issues of interest. UF/Extension Services' in -kind contribution is valued $106,725.00. The calculation for this is attached. Eighty percent of this will be devoted to the EEC component; 20 percent will be devoted to the educational video component. We are very excited to be a part of this Florida Keys wide effort on energy efficiency and conservation. Any additional question you might have, please do not hesitate to call me at 305-292-4501. Sincerely, cz�-7 41��7 Douglas Gregory County Extension Director OF Extension is an Equal Employment Opportunity Affirmative Action Employer authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, color, religion, gender, dsability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. UNIVERSITY of UFFLORIDA WAS Extension Administration http://extadnun.ifas.uft.edu Cost Sharing Commitment TO: Millie Ferrer -Chancy, Dean for Extension FROM: PI: Monroe County DEPT: Extension Administration SUBJECT: Proposal Title: American Recovery and Reinvestment Act of 2009. Ene Sponsor. BOCC Green Initiative Task Force P.0 3ox 110210 Gainesville, FL 32611-0210 Telephone: 352-392-176I Fax: 352-846-0458 This Proposal Involves Voluntary Cost Sharing. The Justification for the same is given Below. JUSTIFICATION: this cost share document will be used only for informational )urposes. The grant will actually be housed at Monroe County not he University of Florida. As the Unit Leader, I have reviewed and concur with the justification provided for the voluntary cost sharing. amount that we are now obligating for this proposal. I understand that the Third Party Cost Sharing (if any) is committed independently from my Unit's resources by the letters provided and attached to this document, Cost Sharing for Personnel $.106,725.00 Cost Sharing for Non Personnel $ 0.00 Third Party Cost Sharing $ 0.00 TOTAL S 106,725.00 This Commitment is acknowledged and agreed to this 26 Day of January 2010 3 Dean's Signature:4&.�/ Millie Ftmr-Chaney I ame Year Availability Salary Percentage of 11 iBase Salary Fringe Total Commitment Effort Rate 0 - es $ 39,749.75 1 yes $ 92,442.24 = Total 2 C 30.40 $ 26,92493 27.50 ( $ 34,410 1 30.00 1 $ 27,732.67 27.80 $ 35,442 $ 69,852 Ycar Availability Salary Percentage of Base Salary Fringe Total Commitment Effort Rate es 11 $ 47,376.19 I 30.00 S 14,212.8611 27.80 1 $ 18,1641 es i LS 48,797.48 30.00 1 S 14,639.24 27.80 S 18,709 Total $ 36,873 The Total Cost Sharing for Personnels is $106,.725.00 The Total Cost Sharing for 4tber Costs is $0.00 The Total Cost Sharing for Third Parties is $0.00 Florida Keys glee.,-, Green Living & Energy Education January 25, 20I0 P.O. Box 754 • Key West, FL 33041 • www.keysGLEE.com Ms. Lisa Tennyson Grants Administrator, Monroe County I100 Simonton Street Key West, Florida 33040 Re: GLEE Partnership with the Florida Keys Energy Efficiency and Conservation Block Grant Program Dear Ms. Tennyson: Please accept this letter as confirmation that GLEE (Green Living & Energy Education) is excited about partnering with Monroe County, and its other potential grant applicants, for the State of Florida "Competitive Non -Entitled Cities and Counties Energy Efficiency and Conservation Block Grant" through the Department of Energy. Green Living & Energy Education (GLEE) is a Keys -wide 501(c)3 non-profit that works with individuals, businesses and policy makers to take sustainable actions through efficient and renewable energy, and the conservation of water and land resources. We intend to partner with the County by complimenting its Energy Video educational outreach and public awareness program component by providing 2 policy maker workshops per year (approximately 50 attendees for each workshop) that highlight best management practices in energy efficiency, increasing the number of certified Green Business Partnership members by 100%, and introducing a "12 Step Program" challenge for 12 monthly changes that residents can make. Lastly, we'll highlight the successes of the EECBG program on our and the efforts of our individuals, businesses, agency, organizations and local governments, on our website, which received 95,000 hits last year, and at GLEE's annual Green Living Awards event, which attracts more than 150 participants every year. J We estimate the value of this in -kind service to be $53,000 over the two year grant period (see calculation documentation attached.) We are very excited to be a part of this Florida Keys wide effort on energy efficiency and conservation. ,Any additional question you might have, please do not hesitate to call me at the number provided below. Sincerely, •dam G5� Alison Higgins J President, GLEE J ahiggins cr,tnc.org 305-923-1783 � I oeI.- §§§§2B////& :E:E== \\§}=r=r k r W.pr \\ GM2*� I NJ ƒ 2G0000IQwW; LIJ� 888888In�A@2 /35F555}//■ /\\\/}\\\\ %\ 08 ]$$7))) �fM/((JJ J an |■ „ II[[(\ \k%}7%�=)k 22��-- §G-I00a0 //\\\\\\\\ Bem»�=,�,m \\\\\\ \\ m n k 2 ; � § 2 k \ W . g - k_ 3 m (A I 1 C UNTY JMONROE t KEY WEST FLORIDA 33040 (305)294-4641 BOARD OF COUNTY COMMISSIONERS Mayor Sylvia I Murphy, District S Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 a Mario Di Gennaro, District 4 Monroe County Green Initiative Task Force OU 1100 Simonton Street, Rm. 2-260 Key West, FL 33040 February 5, 2010 RE: Letter of Support for Monroe County Application To Whom It May Concern: The Monroe County Green Initiative Task Force unanimously voted to support the Monroe County grant application for the State of Florida "Competitive Non -Entitled Cities and Counties Energy Efficiency and Conservation Block Grant" through the Department of Energy. The Monroe County Green Initiative Task Force (GITF) is an appointed advisory committee to the Monroe County Board of County Commissioners. The GITF was formed in 2008 and is comprised of ten community volunteers and representatives of the five municipalities and three utilities within Monroe County. The GITF pledges to assist in the development of the proposed energy efficiency video to boost local community education efforts to reduce energy waste in the home and at work. We can commit about 2 hours a month for a year to video development and marketing. We very early identified community education as a top priority in our efforts to help reduce greenhouse gas emissions in Monroe County. We also pledge to assist in the development of the energy efficiency conservation strategy for the County operations component of the grant through collaboration with an Employee Green Team. We can commit about 1.5 hours a month over a year to strategy development. The proposed projects in the Monroe County grant proposal will address many areas in need of increased energy efficiencies and/or public education. The Energy Audit and Retrofit Component will jump start the County's energy efficiency efforts by addressing those County buildings in greatest need for energy efficiencies as identified in a recently completed greenhouse gas inventory. The Hybrid Vehicle Purchase Component will accomplish two things. One, it will clearly demonstrate to the County the effectiveness of hybrid technology in reducing life cycle costs of vehicles even with the higher than average initial costs. And, two, it will serve as a public education tool to highlight the utility of hybrid vehicles in the County. The Energy Efficiency and Conservation Strategy component will provide critical education and guidance to County administration on the ongoing savings and benefits of a sustained energy conservation effort. The Affordable Residential Solar Hot Water Heater Component will assist low income families with reduced energy costs and will highlight the usefulness of domestic hot water heaters to the community at large. And, as mentioned above, the Energy Efficiency Educational Video Communications Component addresses a clear need for a community wide educational effort to highlight the importance of energy conservation. We strongly support the Monroe County proposal and will work closely with County staff to ensure success of this important opportunity to start the County on a sustained path toward mitigating climate change impacts. J1lll:Gf G/ // c= a Ch ,Monroe County Green Initiative Task Force 1 Superintendent Joseph Burke Key West High School JohnW� h � Y g Alternative Energy Center Assis= Principa>s J 2100 Flagler Ave. �d p��n Key West, Florida 33040 clu�valdez Tel. 305 293-1549 Teachers Fax 305 293;=1547 josh Clearman Scott Aouft Ms. Lisa Tennyson Monroe County Re: Alternative -,.Energy Center, Key West High,School Dear Ms. Tennyson: Please accept this letter as confirmation that the Alternative Energy Center (AEC) at Key West High School is excited about partnering with Monroe County, and its other potential grant applicants, for the State of Florida "Competitive Non -Entitled Cities and Counties Energy Efficiency and Conservation Block Grant" through the- :Department of Energy. The Alternative Energy Center is a high school physics class -ghat meets two -hours daily, where the students combine physics knowledge with alternative'energy. The Alternative Energy Center received the Governor's Green School Award, and is a unique learning experience where students become early adopters of green technology. The students have built a 175 gallon processor, a biodiesel fuelingstation, we have installed a commercial turbine, and we collect all the waste cooking oil from local restaurants and Fantasy Fest. Over the next three years we intend to reduce our energy needs with the installation of an additional solar array, sustainability-efforts, and running school busses on Used Vegetable Oil or biodiesel produced.from WO.,, We are very excited to be a part of this Florida Keys wide effort on energy.,efficiency and conservation. We can assist in community outreach, radio shows, video production, or other means for communicating with the residents and businesses in the Florida Keys. Any Lf additional question you might have, please do not hesitate to call me at 305-293- 1549x54357. jYours in Education, f*+1 �~ w li][iZafYsi ill �yLZZ]IIYY,r �! josh Clearman NBCT Department of Science josh.clearmanokeysSchools.com 1 ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT APPLICATION ATTACHMENT B ARRA ENVIRONMENTAL CHECKLIST PAGES 28, 29, AND 30 OF 44 I 7 co-rF1 U.S. DEPARTMENT OF ENERGY lar (VOM2) GOLDEN FIELD OFFICE ENVIRONMENTAL CHECKLIST (To Be Completed by Potential Recipient) The Department of Energy (DOE) is required by the National Environmental Policy Act EPA1of M9 as —amended (42 U.S.C. 4332(2), 40 CFR parts 1500-1508) and DOE implementing regulations (10 CFR 1021) to consider the environmental effects resulting from federal actions, including providing financial assistance. Please provide the following information to facilitate DOE's environmental review. DOE needs to evaluate the requested information as part of your award negotiation. Instructions and Handbook: Terms that appear in blue have more detailed information available to assist you in completing the form. Save the form to your local directory. Leave your intemet browser open and open the form in Word from the Iocal directory. Click on the blue term and it will automatically open the handbook at the appropriate place. Click on the back button to return to your form. Or, you may click here to open the handbook. 7 PART I: General Information Project Title: .i'lo.rida Keys .I';nergy Initiative 2010 Solicitation Number: DE—RE-0000800 i . Please describe the intended use of DOE funding in your proposed project. For example, would the funding be applied to the entire project or only support a phase of the project? Describe the activity as specifically as possible, i.e. planning, feasibility study, design, data analysis, education or outreach activities, construction, capital purchase and/or equipment installation or modification. 2. Does any part of your project require review and/or permitting by any other federal, state, regional, local, r� environmental, or regulatory agency? ❑ Yes ® No J If yes, please provide a list of required reviews and permits in the appropriate item number in Part II. 3. Has any review (e.g., NEPA documentation, permits, agency consultations) been completed? ❑ Yeses No If yes, is a finding or report available and how can a copy be obtained? 4. Is the proposed project part of a larger scope of work? ❑ Yes [3 No If yes, please describe. Do you anticipate requesting additional federal funding for subsequent phases of this project? ❑ Yes® No If yes, please describe. 5. Does the scope of your project only involve one or more of the following: j� ❑ Information gathering such as literature surveys, inventories, audits, ❑ Data analysis including computer modeling, ❑ Document preparation such as design, feasibility studies, analytical energy supply and demand studies, or ❑ Information dissemination, including document mailings, publication, distribution, training, conferences, and informational programs. If the scope of your project is limited to the block(s) checked above, please skip to Part III, otherwise, continue to Part II. 7 7 I 7 PART 11: Environmental Considerations Table A. Please indicate if any of the following conditions or special areas is present, required, or could be affected by vour oroiect: Item Specific nature or type of activity or condition. If a No. Description Yes/No consultation, approval, or permit applies, please describe. 1 Clearing or Excavation (indicate if greater than I acre) N 2 Dredge and/or Fill. Specify the number of acres involved. N 3 New or Modified Federal/State Permits And/or Requests for Exemptions N 4 Pre -Existing Contamination N 5 Asbestos N 6 Criteria Pollutants N 7 Non -Attainment Areas N 8 Class i Air Quality Control Region N 9 Navigable Air Space N 10 Areas with Special Designation (e.g., National Forests, Parks, Trails) N 1 I Prime, Unique or Important Farmland N 12 ArcheologicaliCultural Resources N 13 Threatened/Endangered Species and/or Critical Habitat N 14 Other Protected Species (Wild Burros, Migratory Birds N 15 Floodplains N 16 Special Sources of Groundwater (e.g., Sole Source Aquifer) N 17 Underground Extraction/Injection (non -hazardous substances) N 18 Wetlands N 19 Coastal Zones N 20 Public Issues or Concerns N 21 Eloise N 22 Depletion of a Non -Renewable Resource N 23 Aesthetics N 1 Table B. Would your project use, disturb, or produce any chemicals or biological substances? (i.e., pesticides, industrial process, fuels, Iubricants, bacteria) If not, skip to Section C. Plaace ;„rl;cater if anv of the materials nr nrneesses listed below annlies_ Item Description Yes/No Quantity Permit Specific type, use, or No. required? condition Type? l Polychlorinated Biphenyls (PCBs) N 2 Import, Manufacture, or Processing of Toxic Substances N 3 Chemical Storage, Use, and Disposal N 4 Pesticide Use N 5 Hazardous, 'Toxic, or Criteria Pollutant Air Emissions N 6 Liquid Effluent N 7 Underground Extraction/Injection (hazardous substances) N 8 Hazardous Waste N 9 Underground Storage Tanks N 10 Biological Materials. Indicate if genetically altered materials are involved. N Table C. Would your project require or produce any radiological materials? If not, skip to Part III. Please indicate if anv of the materiak listed below annlies_ Item Description Yes/No Quantit Permit Specific nature of use No. y required? Type? 1 Radioactive Mixed Waste N 2 Radioactive Waste N 3 Radiation Exposures N Part III: Contact Information Please provide the name of the preparer of this form and a contact person who can answer questions or provide additional information. Preparer Telephone E-mail Address Lisa Tennyson Number 305--292-4444 tennyson-lisa@monroecounty- gov Contact Lisa Tennyson Telephone 305-292-4444 Number E-mail Address tennyson-lisa@,monroecounty-f gov 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: .. Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval to enter into an agreement between Gila Corporation d/b/a Municipal Services Bureau (MSB) and the Board of County Commissioners and the Board of Governors of Fire and Ambulance District I for the collection of outstanding ground and air ambulance transport account receivable balances, effective October 1, 2010 through September 30, 2011 with two additional one (1) year renewals. ITEM BACKGROUND: A collection agency is used as the second level to attempt to collect ambulance transport billing debt. The first level of collection is with an ambulance billing agent. After six (6) statements have been sent with no payment activity and/or 210 days have elapsed these accounts are then sent by the billing company onto the collection agency. Monroe County currently contracts with MSB for the second level collection of outstanding ground and air ambulance transport account receivable balances. MSB's contract is due to expire on September 30, 2010. As per the purchasing policy, two (2) or more written price quotes were obtained. After reviewing the quotes and checking the collection percentage statistic references from each viable proposal, it was found that the Florida industry standard collection rate appears to be between 2-4% of what is placed in collections. This base line percentage corresponds to what our current --- agency is collecting therefore; this is why MSB is recommended as the contractor. This decision was made due to the fact that MSB is in line with recovery percentages that were verified from other agencies and it was taken into consideration the cost effectiveness of changing companies. MSB already accepts electronic data from our billing agent, provides us electronic access to collection accounts and on line status reports. Previously when we switched agencies it took approximately 5 months for the change to transpire and for revenues to begin to be received. Continuing a contract with MSB will also realize no loss of income that would have occurred by the lengthy change over process or the possible loss of on -going monthly payments that MSB has established with some of our customers. PREVIOUS RELEVANT BOCC ACTION. On September 17, 2009 the Board approved the final renewal agreement effective October 1, 2009 through September 30, 2010, with Gila Corporation d/b/a Municipal Services Bureau (MSB) for collections of outstanding account receivables' from ground and air ambulance transports. CONTRACT/AGREEMENT CHANGES: NIA - - STAFF RECOMMENDATIONS: Approval as written. TOTAL COST: $3,500.00/ year INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: See above SOURCE OF FUNDS, 13001-530-340 and 11001 530-340 REVENUE PRODUCING: Yes No _ AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing ✓ Risk Management `� DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 07/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Gila Corporation d/b/a Municipal Services Bureau Contract # Effective Date: 10/01/2010 Expiration Date: 09/30/2011 Contract Purpose/Description. Contract with Gila Corporation d/b/a Municipal Services Bureau for the collection of outstanding round and air ambulance transport account receivables. Transport outstanding account receivable balances. Contract Manager: Camille Dubroff 6010 - Emergency Services / Stop 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 9 /S / o Agenda Deadline: 9 3 t 1 O CONTRACT COSTS Total Dollar Value of Contract: $ $3500.00 Estimated Current Year Budgeted? Yes® No ❑ Grant: $ County Match: $ FY 08- $1,311.00 Portion: $ FY 09 - $2,856.73 FY 10- $2,469.43 (FY 10 is for 9months) Account Codes: 13001 530 340 11001 530 340 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (egmaintenance, t etc CONTRACT REVIEW Date In Division Director - Q Risk Manage ent ' ,D O.M.B./Purc acing �o County Attorney, //A Changes Needed R ie e Yes❑ No2, Yes ❑ No Yes[:] Noo 4� Yes❑ NoliLw--4��,#,R�dD Date Out G 1 D Co ents: PA L( P ( l , UM13 Norm Kevised 2/27/01 MUF #Z C 0 .Q E u° 70 0 zz. p n. T u ai ai O O U M cs o Y.:N c ,o s U U U U Q1 N co m =y n rb i f6 'E C7 ;' y a ra p U = G :IVLn o a n o 4- chi -a c CL ': m~- o s m m a;ro OG ml- C Qj U W V Ubn U Ln C v} C C U N N N w •� U N U y d' :. -.d 3 a a 5 a rr7 U. i. C',M o. O Q ,. O Q ru CU X 41 ? a+ ++ fl E a E C O lr. U C C C m C Q :C c C C a Q m m Q ++ `` :.tip �: b9 I C Cr:tiD .max -� .- ...Y. L N " m N 41 W U y y C7 L7 O O C O 1p m a m y C E E a u Gw,C a b0.0 o O ca m in co n m O. M M Ln cf' Z Z d• O t� O O In Ill Ill d N I� 00 n C W O m m . O C N. V p O 3 ai d u 2 dim O C U U ai O O - N m m O C V C O - to O}, — 0 ` W !. O ]per. ,. .. .,..: VI ca O Lx. x to N C F .n. v; o i y OC O SL - U SO aCi- f+l ry p• aui c n. d N Ln (N y i O T O N Cb O •m tL N v `Ol ill O Z N � N Ln N 3 3 3 3 3 3 rd r6 m `1 m `J m QL1 rd Uf T T T 3 3 3 3 3 3 Ln to C C: "i m M m m CO m -. C C C C C C M Q a a o 0 o o o o >. m Co ro m m m E E E E E E C 7 > > c p o Q". u Ol u 41 u 41 .� K� cr .. 'O 'a '8 a C C C C C C p O O O Q u; C C C J V V V V U U U u u u u U O m O 1p O - m''QCl C G C C Q m eii zz-�LLo a)Q a a O VUVUUV O O O O O i7 N m 0 i-1 N m ch en ': tD AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA AND GILA CORPORATION d/b/a MUNICIPAL SERVICES BUREAU FOR COLLECTION OF OUTSTANDING AMBULANCE ACCOUNTS THIS AGREEMENT, ("AGREEMENT") is made and entered into this day of 2010, by and between the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, (herein referred to collectively as the "COUNTY") and Gila Corporation d/b/a Municipal Services Bureau (herein referred to as "MSB"). WITNESSETH: WHEREAS, MSB represents that it wishes to provide services as hereinafter more specifically enumerated to the COUNTY for collections of said outstanding accounts receivables from ground and air ambulance transports; and WHEREAS, the COUNTY wishes to enter into an Agreement with MSB for collecting various uncollected ground and air ambulance accounts receivables; NOW, THERFORE, in consideration of the promises contained herein, the parties agree as follows: 1. DEBT COLLECTION SERVICES — MSB will mail notices, telephone or otherwise contact debtors with outstanding accounts with the COUNTY in order to attempt to collect those monies owed by the Debtors. Demand for payment of each collection item will be in a non -threatening manner and will comply with all applicable Federal, State and local laws, rules and regulations. As payment of collection items are collected by MSB, it shall be remitted to the COUNTY by the fifteenth of the month for the previous month's activity. Each remittance shall include a statement for the commission due and shall be accompanied by a dated report which, as to each collection time included in the remittance, shall state the name of the person from whom it was collected, the amount remitted and identifying account number. 2. RESPONSIBILITY OF THE COUNTY — The COUNTY will provide, in addition to the - names and last known addresses of the Debtors, all information regarding the date(s) of the - alleged debt(s), the amount of such debt(s) and the date the judgment was entered against the debtor, if applicable. The information supplied to MSB by the COUNTY must be in an ANSI file fonnat which is acceptable to MSB and shall be provided not less frequently than monthly. The COUNTY will update and correct any information it has provided MSB as soon as it is practicable. The COUNTY will notify MSB of any payinent of other satisfaction of judgment made directly to the COUNTY. The COUNTY may provide this information in either hard copy or electronically. 3. CONTRACT PERIOD AND RENEWAL - The effective date of this Agreement shall be October 1, 2010 through September 30, 2011. This Agreement maybe renewed annually for one (1) year terns, not to exceed two (2) renewals, subject to approval of the Fire Chief of Monroe County Fire Rescue, the Office of Management and Budget and the Monroe County Board of County Commissioners and the Monroe County Board of Governors Fire and Ambulance Districtl. 4. CONTRACT TERMINATION — Either party may tenninate this agreement by providing ninety (90) days written notice. Upon notice of termination MSB shall take all steps necessary to close out any accounts with an open balance and will be responsible for complying with all provisions of this contract until the termination date. MSB will not assume new accounts after such notice of tennination. MSB will be paid for its services through the termination date and MSB will not incur any expenses after notice of tennination except those necessary to properly wind up its obligations under this contract and properly perform this contract. All money received on accounts, by MSB, after the tennination date will be forwarded to the COUNTY without regular compensation being paid to MSB. MSB will further cooperate with any successor, debt collection service provider by turning over all records and any other documents or equipment in hard copy to useable electronic format to the COUNTY or the debt collection service provider. MSB will pay the COUNTY all funds due and owing to it as of the tennination date of this contract. The provision for MSB to turn over documents and to provide all funds due and owing the COUNTY will survive the tennination of this contract. 5. CAPABILITY TO PROVIDE SERVICE — MSB represents that it is an established debt collection service provider licensed to do business in the State of Florida and capable of providing all services required pursuant to this contract and that MSB has all necessary permits, occupational licenses.or any other license or permits required to provide services under this agreement required by any local, state, government or the federal government. MSB further represents that it has experience with debt collection practices and it has the requisite financial resources, personnel and experience to perfonn all services required under this agreement. 6. REPORTS — MSB shall provide the COUNTY with monthly aging reports by the twenty-first day of the following month reflecting the status of all accounts that are currently active and MSB's collection results as of the last day of the previous month. This report will include the following information: a. Debtor's Name b. Debtor's Account Number c. Amount paid on the account during the preceding month including amounts received by COUNTY as reported to MSB. d. Unpaid balance of account e. Amount of commission due Agency. The COUNTY has the absolute right to audit any and all financial records of MSB pertaining to the collection activities carried on by MSB pursuant to this contract. MSB shall retain such records not provided to the COUNTY for a period of three (3) years after the tennination of this contract unless such records are required for pending litigation then such records shall be maintained until at least ninety (90) days after the conclusion of litigation including appeals. 7. VALID DEBTS - The COUNTY agrees that accounts placed with MSB for collection are valid and legally enforceable debts and are not disputed or subject to any bankruptcy proceedings, unless otherwise disclosed in writing by the COUNTY. 2 S. COMMISSION RATES — For all accounts referred by the COUNTY to MSB for collection for which the COUNTY is paid, regardless of whether payment is accepted directly by the COUNTY or by MSB on the COUNTY'S behalf, the COUNTY will pay to MSB a twenty-five (25) percent rate on the gross amount collected. Service will be provided on a contingency fee basis with no up -front or additional costs associated with the services. The following services will be provided at no additional costs: On line access to accounts, bi- lingual collection notices and staff, letter creation and distribution, background checks/fingerprints scans for all current and future MSB employees, National Skip tracking services, toll -free telephone numbers for debtors, independent security audit, and electronic interface (in-house programmers). The COUNTY will not be responsible to MSB for any commissions or fees for payments returned to the COUNTY or MSB for insufficient funds. 9. NOTIFICATION OF COLLECTION —The COUNTY will immediately notify MSB of, accounts referred to MSB for collection that have been paid or disputed by the Debtors directly to the COUNTY whenever that payment or dispute occurs. MSB agrees that once an account is placed, that the COUNTY is to receive all commission due in the event that monies are collected. By the fifteenth of each month, MSB will provide a detailed reporting to the COUNTY to identify all accounts known to be collected during the prior month and to remit monies collected on the County's behalf. MSB is required to invoice the COUNTY for commissions due; the COUNTY agrees to review the invoice and forward payinent to MSB in accordance with the Florida Local Government Prompt Payment Act. MSB makes no warranties or representation, expressed or implied, about the amount of funds that will be collected, and MSB shall have no liability for any amounts uncollected. The only liability of MSB will be to forward any funds collected to the COUNTY subjected to MSB collecting its commission amount. 10. LEGAL ACTION - MSB shall make no settlement for less than the total principal amount owed without prior approval of the COUNTY. MSB may not affect any debtor's credit history as a result of unsuccessful collection efforts. MSB will place accounts for litigation only with prior written consent of County. MSB agrees that if the continued collection of an account would damage the reputation of the - COUNTY or if suit is seriously threatened or filed, the COUNTY may request, in writing, the immediate return of the account. If the COUNTY has been given legal authorization to write-off obligations which have been referred to MSB, MSB will not collect any fees from the COUNTY relative to the accounts which have been withdrawn from MSB's collection efforts. I L NOTICES — All notices specified pursuant to this contract shall be sent to the following: COUNTY: Monroe County Emergency Services 490 63'1 Street Ocean Marathon, F133050 MSB: Municipal Services Bureau 6505 Airport Blvd., Suite 100 Austin, TX 78752 12. INDEPENDENT CONTRACTOR — Neither MSB, nor any of its employees, agents, or subcontractors are employees of the COUNTY. MSB is solely responsible and liable for any action taken or made by MSB its' employees, agents or subcontractors. 13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996 (HIPAA) — MSB will carry out its obligations under this contract in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F — Administrative Simplification, Section 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable protected health information (PHI) that is collected, processed or learned as a result of the Collection services provided hereunder. In conformity therewith, MSB agrees that it will: a. Not use or further disclose PHI except as permitted under this contract or required by law; b. Use appropriate..safeguards to prevent use or disclosure of PHI except as permitted by this contract; c. To mitigate, to the extent practicable, any hannful effect this is known to MSB of a use or disclosure of PHI by MSB in violation of this contract; d. Report to Monroe County any use or disclosure of PHI not provided for by this contract of which MSB becomes aware; e. Ensure that any agents or subcontractors to whom MSB provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to MSB with respect to such PHI; f. Make PHI available to Monroe County and to the individual who has a right to access as required under HIPAA within 30 days of the request by Monroe County regarding the individual; g. Incorporate any amendments to PHI when notified to do'so by Monroe County; h. Provide an accounting of all uses or disclosures of PHI;nade by MSBH as required under HIPAA privacy rule within sixty (60) days; i. Make their internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining MSB's and Monroe County's compliance with HIPAA; and j. At the tennination of the contract, return or destroy all PHI received from, or created or received by MSB on behalf of Monroe County, and if return is infeasible, the protections of this contract will extend to such PHI. The specific uses and disclosures of PHI that may be made by MSB on behalf of Monroe County include: a. Preparation of invoices and reminder notices and documents pertaining to collections of overdue accounts to patients and others who are responsible for payment of the services provided by Monroe County; b. Uses required for the proper management of MSB as a business associate. c. Other uses or disclosures of PHI as permitted by the HIPAA privacy rule. Notwithstanding any other provisions of this contract may be terminated by Monroe County if MSS has violated a term or provisions of this contract pertaining to MSB's material obligations under the HIPAA privacy rule, or if MSB engages in conduct which would, if committed by Monroe County, result in a violation of the HIPAA privacy rule by Monroe County. 14. INDEMNIFICATION - MSB covenants and agrees to indemnify, hold harmless and defend the Monroe County Board of County Commissioners and the Monroe County Board of Governors District 1, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by MSB or any of its Subcontractors in any tier, occasioned by the negligence, errors, or other wrongful act or omission of MSB or its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of MSG's failure to purchase or maintain the required insurance, MSB 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. This indemnification shall survive the expiration or earlier termination of the Agreement. (See Attachment A). 15. INSURANCE - During the term of this Agreement, MSB must keep in force and affect the following insurance: Worker's Compensation- Prior to the commencement of work governed by this contract, MSB shall obtain Worker's Compensation Insurance with limits sufficient to respond to Chapter 440 , Florida Statutes. In addition, MSB shall obtain Employer's Liability Insurance with limits not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 1f MSB has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor MSB's status. MSB may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on MSB's Excess Insurance Program. If MSB participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, MSB may be required to submit updated financial statements from the fund upon request from the County. General Liability — Prior to the commencement of work governed by this contract, MSB shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Professional Liability Insurance — Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, MSB shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of MSB arising out of work governed by this contract. - The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate Monroe County shall be named as an Additional insured on all policies. The provisions of Attachment B are attached and incorporated into this agreement. 16. PAYMENTS - Payments shall be made by the COUNTY pursuant to the Florida Local Government Prompt Payment Act after the completion of the rendered services and proper invoicing by MSB. 17. CONTINGENCY- Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. 18. 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. 19. OWNERSHIP OF THE PROJECT DOCUMENTS - The documents prepared by MSB for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of MSB. 20. SUCCESSORS AND ASSIGNS - MSB shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. MSB will not employ any subcontractor to perform any duties under this agreement unless such fact is made known to the COUNTY and prior written permission is granted. The COUNTY shall have the right to prohibit a subcontractor from performing any part of the contract; such right shall be reasonable exercised. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 21. NO THIRD PARTY BENEFICIARIES - Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 22. PUBLIC ENTITIES CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a MSB, supplier, subcontractor, or MSB under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement (including Attachment C), MSB represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in tennination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTIES competitive procurement activities. In addition to the foregoing, MSB further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. MSB will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 23. MAINTENANCE OF RECORDS - MSB 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 its 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 County Clerk detennines that monies paid to MSB pursuant to this Agreement were spent for purposes not authorized by this Agreement, the MSB shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 24. 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, COUNTY and MSB agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. This Agreement is not subject to arbitration. 25. SEVERABILITY - If any terin, 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 teen, 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 MSB 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. 26. ATTORNEY'S FEES AND COSTS - The COUNTY and MSB 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 shaII be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 27. BINDING EFFECT - The tenns, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and MSB and their respective legal representatives, successors, and assigns. 28. AUTHORITY - Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 29. CLAIMS FOR FEDERAL OR STATE AID - MSB 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. 30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS - COUNTY and MSB agree that alI disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 31. COOPERATION - In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and MSB 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 MSB specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 32. NONDISCRIMINATION - MSB and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. MSB or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of.1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title . VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 1I) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 33. COVENANT OF NO INTEREST - MSB and COUNTY covenant that neither presently has - any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 34. 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. (Attachment D). 35. NO SOLICITATION/PAYMENT - MSB and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firn, 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, MSB agrees that the COUNTY shall have the right to tenninate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 36. PUBLIC ACCESS - MSB and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by MSB and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by MSB. 37. NON -WAIVER OF IMMUNITY - Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of MSB 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. 38. 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. 39. LEGAL OBLIGATIONS AND RESPONSIBILITIES — no 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. 40. 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 A- - entitlement to or benefit of any service or prograrn contemplated hereunder, and MSB and the COUNTY agree that neither MSB nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 41. ATTESTATIONS AND TRUTH IN NEGOTIATION — Coincident with execution of this Agreement, MSB agrees to execute a Public Entity Crime Statement, Ethics Statement, and a Drug -Free Workplace Statement (Attachments C-E). 10 42. 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. 43. 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. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by its duly authorized representative. Attest: DANNY L. KOLHAGE, CLERK E Deputy Clerk Attest: DANNY L. KQLHAGE, CLERK Deputy Clerk WITNESS: Print Name: rr11; . 1!;p Print Name and Title MONROE COUNTY ATTORNEY AP ROVED AS O M: YNTHIA L. HALL ASSIST NT COUNTS®! ATTORNEY Date CFO MONROE COUNTYBOARD OF COUNTY COMMISSIONERS Mayor/Chairman BOARD OF GOVERNORS, MONROE COUNTY FIRE AND AMBULANCE DISTRICT I Mayor/Chairman GILA CORPORATION INC. d/b/a MUNICIPAL SERVICES BUREAU By: Date: 7 .2 9 .2 010 Title: CEO 1VMONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors The Contractor covenants and agrees to indemnify, hold harmless and defend the Monroe County Board of County Commissioners and the Monroe County Board f Governors District 1, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the contractor or any of its Subcontractors in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the contractor or its Subcontractor(s) in any tier, their officers, employees, servants or agents. �w In the event that the service is delayed or suspended as a result of the contractor failure to purchase or maintain the required insurance, MSB 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. This indemnification shall survive the expiration or earlier termination of the Agreement 7.29.2010 Date TCS Attachment A (1 of 1) 12 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Gila Corporation d/b/a Municipal Services Bureau Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self=insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a. Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will, be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. - - WC1 Attachment B 13 (1 (?f 3) GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Gila Corporation d/b/a Municipal Services Bureau Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained. throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal._Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL1 Attachnnent B 14 (2 of 3) PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Gila Corporation d/b/a Municipal Services Bureau Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate PROI Attachnient B (3 of 3) 15 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted bidder list following a conviction for public entity crime may not contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a bidder, supplier, subbidder, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted bidder list." By executing this form, I acknowledge that I/my company is in compliance with the above. STATE OF Texas -- (Signature Et�or) COUNTY OF Travis Date 7 •2 9 .2 010 PERSONALLY APPEARED BEFORE ME, the undersigned authority, Bruce Cummings who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 29t:h day of 'Tull 20 10 ro- NORA I.IDIDLGAI)0 My commission expires: Cp I �' y �ora�r�ue��cs�sroFr�xas NOTARY PUBLIC '' " � 06 18.2�014 �oF�F Attachment C 10i LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Gila Corporation d/b/a Municipal services Bureau warrants that he/it has not employed, retained or otherwise had act on his/its behalf any�former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former Count or employee. (Signature) Date: 7 . 2 9 . 2 010 STATE OF Texas COUNTY OF Travis PERSONALLY APPEARED BEFORE ME, the undersigned authority, Bruce Cummings who, after first being sworn by me, affixed his/her signature (narne of individual signing) in the space provided above on this 29tnh day of July NOT RY PUBLIC My commission expires: 4, — t P _0 0 / � OMB - MCP FORM #4 20 10 Attachment D NO LIDIA DELGADO NOTARY PUBLIC STATE OF TEXAS CO M MON EXMREW Opt 08-18-2014 17 DRUG -FREE WORKPLACE FORM The undersigned contractor in accordance with Florida Statute 287.087 hereby certifies that: Gila Corporation d/b/a Municipal Services Bureau (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee ` a will abide by the terms of the statement and will notify the employer- of any conviction of, or plea of guilty or polo contendre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Contra or's Si 7.29.2010 Date OMB - MCP FORM 05 Attachfnent E 18 YYYY) ACORD,. CERTIFICATE F LIABILITY INSURANCE OP ILWTHA DATE IMMID�' C 0PRODUCER LI-2/2/10 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION PIA Pathfinder/LL&D Ins Gr ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1160 Dairy Ashford, Suite 220 THIS CERTIFICATEE EXTEND OR HOLDETHE Houston TX 77079 ALTER COVERAGE A FORD. © BY E PONOTOI�ICIES BELOW, Phone: 281-556-9999 Fax:281--556-9609 INSURER SAFFORDING COVERAGE INSURED - NAIC # INSURER A. Hartford Lloyds Insurance Comp 38253 Gila Corporation INSURERB: Hartford Casualty Insurance Co 29424 dba Municipal Services Bureau 6505 Airport Blvd., Suite 100 INSURERC: Federal Insurance Cam an Austin TX 78752 INSURER Hartford -Twin City Fire tn.. C 29459 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INQICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO�WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS EACH OCCURRENCE $ 1000000 PREMISES(Eaoccurence) $ 1000000 MED EXP (Any one person) $ 1000 0 PERSONAL & ADV INJURY $ exclude GENERALAGGREGATE ' ' $ 2000000 PRODUCTS-COMPIOPAGG $ 2000000 SL LIABILITY A MMERCIAL GENERALLIASILITY 61SBQRS83500 03/01/10 03/O1/11 CLAIMS MADE [g] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE a LOG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY I ANY AUTO 61SBQRS8500 U, EXCESSIUMBRELLA LIABILITY A OCCUR CLAIMSMADE 61SBQRS8500 0DEDUCTIBLE X RETENTION 510000 WORKERS COMPENSATION AND B EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE 61WECRT7847 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 4 03/01/10 03/01/11 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ // PROPERTY DAMAGE (Peracciden€) $ • UZ r u AUTO ONLY-EAACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG EACH 0C URRENCE -AGGREGATE $ S $ 4000000 03/01/10 03/01/11 $ 4000000 $ S ' $ 03/01/10 03/01/11 E. L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE• $ 1000Q00 E,L.DKSEASE- POLICY LIMIT 3.1000000 - IN= C Professional Liab 8197-6649 _ --a 03/01/10 03/01/11 Limit 2000000 ,D Crime OOKBO241339-10 03/01/10 03/O1/11 Limit 1000000 DESCR€PTFON OF OPERATIONS !LOCATIONS !VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate holder is named as Additional Insured with respects on all Policies as required by written contract. This certificate replaces any and all previously issue certi€icateds for the certificate holder as pertains. Subject to policy terms, conditions and exclusions. %,rKc I KrIC:A It HOLDER MONRO-3 Monroe County Board of County Commissioners 490 63rd Street Ocean Marathon FL 33050 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPiRATIC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AL:UKU Z5 (2U0i/08) ACORD CORPORATION 1988 I k C I v 1310 INI OLT, 10 miffi'm Meeting Date: 9/15/10 — 9/16/10 Division: CAD Bulk Item: Yes x No Department: Social Services/Nutrition Staff Contact Person/Phone #: Ellen Caron X4522 AGENDA ITEM WORDING: Approval for Revised Supply List made part of the food service contract between GA Food Service, Inc. and the Board of County Commissioners. The company revised their Supply List on 1/5/2010 to reflect minor changes in the pricing of two items on the List, due to a change in their suppliers. ITEM BACKGROUND: GA Food Service, Inc is the vendor which provides the meals for the Monroe County Nutrition Program and Bayshore Manor. PREVIOUS RELEVANT BOCC ACTION: Approval of the 2010 renewal agreement between GA Food Service, Inc. and the Board of County Commissioners on 12/16/2009. CONTRACT/AGREEMENT CHANGES: Changes in pricing of two items on the Supply List. Napkins formerly sold in packs of 5 for $30.45 are now sold in single packs @$5.75/pack Hand wipes formerly sold in a case of 1000 for $215.80 are now sold in boxes of 150 @ $36.25/box. Prices for all the other items on the Supply List remain the same. STAFF RECOMMENDATIONS: Approval TOTAL COST: Minimal— price change applies to only BUDGETED: two items on the supply list that are ordered only occasionally DIFFERENTIAL OF LOCAL PREFERENCE: Yes X No COST TO COUNTY: N/A SOURCE OF FUNDS: Older Americans Act — Nutrition Program General Revenue — Bayshore Manor REVENUE PRODUCING: Yes —44o X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management) DOCUMENTATION: Inclu d X Not Required DISPOSITION: CONTRACT SUMMARY Contract with: GA Food Service Inc. Contract # Effective Date: January 1, 2010 Expiration Date: December 31, 2010 Contract Purpose/Description: Meal Service for the Monroe County Nutrition Program and Bayshore Manor Contract Manager: Sheryl Graham 4510 Social Services / Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on September 15, 2010 Agenda Deadline: August 31, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 175,000 Current Year Portion: $ Budgeted? YesE NoF1 Account Codes: 001-61504-530491- — Grant: $ $150,000 125-6153110-530491- _ County Match: $ In -Kind 125-6153110-530491- — 125-6153709-530491- 125-6153710-530491 ADDITIONAL COSTS Estimated Ongoing Costs: $-----jyr For: (Not included in dollar value above) (eg. j CONTRACT REVIEW Changes --------- /I N Date Out Division Director n Needed (:4evie er 6 YesFj Noo-, /0 Management YesEl Risk " N" I,/ O. urchasing 1111 (0YesF_1 N i3c, County Attorney y Yesn N Comments: OMB Form Revised 2/27/01 MCP #2 Monroe County Supply Order Sheet Effective Site: Delivery Date: Quantity_ Cost Code Item Description $88.00 D1 14A Reg. Coffee, 160/CS $98.00 D1 15A Decaf. Coffee, 160/CS $2.60 D800 Tea Bags, 1C BG/BX $16.25 D820 Instant Tea, 50 30Z BG/CS $7.25 F170 French, 2 C/CS $7.00 F180 Italian, 2 C/CS $9.55 F240 Ketchup, 500/CS $7.00 F251 Mayo, 500 /CS $6.65 F259 Relish, 200/case $11.65 F260 Mustard, 500/CS $3.00 F290 Pepperj M/BG $1.95 F300 Salt, 1M/BG $21.25 F31 0 Sweetener, 3 M/CS $11.90 F320 Sugar, 2 M/CS $6.60 F340 Tartar, 2 C/CS $14.05 G255 Oleo, 1,080/CS (PATS) $12.75 K030 Paper Bags, 5 C/BD $14.95 K060_ Poly Bag (T Sack), 900/CS $21.90 K090 Poly (Sandwich) Bags, 2M/BX $18.90 K200 8 oz Cups, 1 M/CS $8.10 K290 Forks, 1 M/CS $8.10 K300 Knives, 1 M/CS $8.10 K320_ S oons, 1M/CS $5.80 K380 Gloves, 1C/PK $3.05 K400 White Hair Covers 1 00/pack $24.25 K435 4/1 Kit (Plastic ware 500/box) $28.00 K580 Can Liner, 250 EA/CS $5.75 K61 0 Napkins, 1 PACK contains 375 $18.50 K660 6" Plates, 1M/CS $11.92 K690 Placernats, 1 M/CS $1.95 K740 --Straws, 5C/BX $36.25 K800 Handi Wipes, 150/box $2.48 L010 Bleach, 1 GL $2.85 L360 Detergent, 1 QT $14.05 G290A 8 oz Low Fat Milk (1/2 pints) 70/cs. $14.15 D202 SS MILK, UHT, 27/CS $9.70 -F 1-8 2 Lemon Juice, 200/Carton $10.75 F400 Saltines, 500/CS $5.35 K41 0 Overseas Hat, 100/CS $31.10 K010 Apron, 1 OO/BX Trice changed due to packaging as of 1/511u the suppHer changed the quallLy ul L11V product to a better quality product. PLEASE DO NOT ALTER THIS FORM H, AS THIS FORM IS CUSTOMERICONTRACT SPECIFIC. IF AN ITEM YOU NEED IS NOT ON THIS LIST, PLEASE GET AUTHORIZATION FROM THE PROGRAM DIRECTOR PRIOR TO REQUESTING WE ADD THE ITEM TO THIS LIST, F THE ITEM YOU REQUEST BE ADDED TO THE UST IS NOT PART OF YOUR CONTRACT. THE ITEM WILL ISE ADDED AT A COST TO THE PROGRAM. 11 1 INHIA15 AMENDMENT TO AGREEMENT Monroe County Nutrition Program THIS AMENDMENT made this 16`' day of December 2009. by and between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida, hereinafter called "County," and GA Food Service, Inc.. a Florida corporation whose mailing address is 12200 32" `i Court North, St. Petersburg, Florida, hereafter called "Contractor." WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated May 20, 2009. for the provision of meals for the Monroe County Nutrition Program's congregate and home -delivered meals programs and for Bayshore Manor operated I y Monroe County; and WHEREAS, said agreement provided an option to the County to renew the contract twice each time for an additional year; and WHEREAS, the County has elected to exercise said option for the benefit of the Monroe County Nutrition Program and Bayshore Manor, IN CONSIDERATION of the mutual covenants and obligation contained herein, the parties agree as follows: I. The County elects to renew the contract for an additional year pursuant to the contract entered into on May 20, 2009. 2. The effective date of this amendment is January 1, 2010, and shall extend through December 31, 2010. 3. Paragraph 4 of the contract entered into on May 20, 2009, shall be amended to provide for the cost per meal to be $3.30 for the period covered by this amendment. 4. GA Food Service, Inc. shall provide evidence of insurance, which names the Board of County Commissioners as additional insured for the year 2010. All other terms and condition of the contract dated May 20, 2009, as previously amended sbatl remain in furl force and effect. (SEAL)BOARD OF COUNTY COMMISSIONERS Attest:: DANNY'L. KOLHAGE CLERK OF MONROE COUNTY F1 ORIDA By, e �_ Deputy erk (SEAL) Attest: By: _4� Secretary By: ayorfChairman GA FOOD SERVICE. INC. Presi BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/15/10 — 9/16/10 Division: CAD Bulk Item: Yes x No _ Department: Social Services Staff Contact Person/Phone #: Kim W. Wean X4588 AGENDA ITEM WORDING: Approval of Amendment #0003 for the Homeless Prevention and Rapid Re -Housing Grant Agreement (HPRP) #KFZ28 between the State of Florida Department of Children and Families and Monroe County Board of County Commissioners (Community Services/Social Services). ITEM BACKGROUND: The approval and purpose of the Amendment #0003 to the HPRP grant agreement is to amend the grant by increasing the total grant funding to include additional 2010-2011 grant funding awarded and a revised HPRP Estimated Budget Summary with relevant language. The grant amount statement on page 1 will be amended to read the FY 2009-2010 amount of $257,007.00 and FY 2010-2011 amount of $100,000.00 for a grant total of $357,007.00. PREVIOUS RELEVANT BOCC ACTION: Prior approval of Amendment #0002 to the Homeless Prevention and Rapid Re -housing grant agreement (HPRP) #KFZ28 granted on 4/21/10 by the BOCC. CONTRACT/AGREEMENT CHANGES: Original allocation will be increased by $100,000.00 from $257,007.00 to $357,007.00 STAFF RECOMMENDATIONS: Approval TOTAL COST: $357,007.00 BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: Department of Children and Families REVENUE PRODUCING: Yes _ 10 X AMOUNT PER MONTH Year APPROVED BY: County Atty �L O rchasing Risk Management I DOCUMENTATION: Included X Not Required — DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida Department Contract Amendment #0003 of Children and Families. #KFZ28, Effective Date: 10/1/ 2010 Expiration Date: 6/30/2011 Contract Purpose/Description: Approval and purpose of Amendment #0003 to the HPRP grant agreement is to amend grant By increasing the total grant funding to include additional 2010-2011 grant funding awarded and a revised HPRP Estimated Budizet Summary with relevant lan2uaLe. Contract Manager: Sheryl Graham (Name) for BOCC meeting on September 1 th, 2010 4510 Social Services / Stop #1 (Ext.) (Department/Stop #) Agenda Deadline: August 31, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 357,007.00. Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes:-125-6155609 Grant: $ 357,007.00 County Match: $ 0. ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Division Director DaYe In Needed Yes❑ No evi er `° � Risk Manage ent l Yes❑ No[ `ry O.M.B./Purchasing i Yes❑ No 43) 0 County Attorney s Yes❑ N 14j' I Comments: OMB Form Revised 2/27/01 MCP #2 A Gran, Agreement #KFZ28 Amendment #0003 Date: 10/01 /2010 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "Department", and Monroe County B.O.C.C., hereinafter referred to as the "Grantee", amends grant agreement # KFZ28. The purpose of this amendment is to amend the grant by increasing the total grant funding to include additional 2010-2011 grant funding awarded and a revised HPRP Estimated Budget Summary with relevant language. 1. The grant amount statement on page 1 is hereby amended to read: NOW, THEREFORE, The Department hereby awards to the Grantee, the FY 2009- 2010 amount of $257,007.00 and the FY 2010-2011 amount of $100,000.00 for a grand total of $357,007.00, under the following terms and conditions: 2. Page 2, Paragraph 2, is hereby amended to read: a. The HPRP program plan filed with the Department by the Grantee is incorporated as Attachment A and on file in the grant file of record. The Department's Substantial Amendment document, upon which that program plan is based, is also incorporated herein by reference as if fully set out here and is on file in the grant file of record. The Grantee hereby agrees to perform the tasks and to provide the services described in the program plan contained in Attachment A. b. Having demonstrated the requirements to successfully perform under the terms and conditions of the original 2009 grant agreement, the Grantee is hereby awarded $100,000.00 in additional 2010-2011 funding as approved by the Office on Homelessness. Attachment A, Grantee's HPRP Program Plan is hereby amended to incorporate Attachment Al into the Grantee's HPRP Program Plan. This new attachment outlines the Grantees revised plans to provide additional homeless services and also provides a 2010-2011 HPRP Estimated Budget Summary reflecting this additional 2010-2011 funding allocation. This 2010-2011 allocation is in addition to the original funding allocation awarded to the Grantee in 2009. The Grantee hereby agrees to perform the stated tasks and to provide the services described in Attachment A and Attachment Al. 3. Page 2, Paragraph 3, is hereby deleted in its entirety. 4. Page 4, Paragraph 13, page is hereby amended to read: a. Grantees receiving awards from the Department in 2009 shall expend fifty percent (50%) of the 2009 grant funds by June 30, 2010 on eligible program costs. The Department reserves the right to amend the grant agreement to recapture grant funds in the event that the Grantee fails to achieve the spending target, and fails to provide sufficient explanations and correction action plans to the Department. Should the Department exercise its option to recapture grant funds, any eligible expense Gran.: Agreement #KFZ28 Amendment #0003 Date: 10/01/2010 obligated shall be retained by the Grantee for expenditure. Further, the Department requires the Grantee to achieve an expenditure goal of completely expending the 2009 grant on eligible costs by June 30, 2011. The Department may extend this spending deadline upon receipt of a written request from the Grantee, explaining the need for additional time, and a detailed plan to complete the expenditure of the grant. b. Grantees receiving awards from the Department for 2010-2011 shall obligate 100 percent (100%) of the awarded 2010-2011 grant funds by December 31, 2010 on eligible program costs. Obligated means the Grantee has approved case management plans for eligible households that commit the Grantee to pay eligible housing related costs on behalf of the households, in addition to eligible staff and administrative costs incurred for the grant period. All costs obligated by the Grantee must be documented in a written report to the Department by January 10, 2011. 5. Page 7, Paragraph 28, is hereby amended to read: 28. In accordance with section 112.3187(2), Florida Statutes (F.S.), agencies or independent contractors shall not retaliate against an employee for reporting violations of law to an appropriate agency that creates substantial and specific danger to the public's health, safety, or welfare. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. Employees and person may file with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1- 800-543-5353. The Grantee shall comply with and incorporate into any subgrant agreement all provisions related to the Whistleblower protection, as specified in Section 1553 of the American Recovery and Reinvestment Act of 2009. The Grantee shall post notice of employee rights and remedies for whistleblower protections provided under Section 1553 of the Recovery Act. The Grantee shall include the substance of section B. subsection 4, clause (1) and section B, subsection 4, clause (2) in all subcontracts. 6. Page 8, Paragraph 35, f. is hereby amended to read: f. The provider and its partners, subcontractors, and agents shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The provider shall submit compliance reports monthly, by the 5th business day following the reporting month, to the Department's Grant or Contract Manager. The provider shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. 7. Page 9, after IN WITNESS THEREOF, delete "31" and replace with "39". 2 Grant,Agreement #KFZ28 Amendment #0003 Date: 10/01/2010 8. Pages 15a — 15h, Attachment Al, 2010 Request for Homeless Prevention Funds, dated April 19, 2010, are hereby inserted and attached hereto. 9. Page 19, Attachment C, Request for Release of Funds Schedule, as previously revised on page 2 of Amendment #0002, is hereby deleted in its entirety and Revised Page 19, Revised Attachment C, Request for Release of Funds Schedule, dated 10101/2010, is hereby inserted in lieu thereof and attached hereto. This revised schedule reflects the additional FY 2010-2011 allocation of funds combined with any remaining FY 2009- 2010 funds. This amendment shall begin on October 1. 2010, or the date, on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform to this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this 12 (twelve) page amendment to be executed by their officials thereunto duly authorized. NAME: Sylvia J. Murphy TITLE: Monroe County Mayor DATE: MO, E CC U NTY ATI C; -t N E-,, R ED R M: Daie C UNTY ATTORNEY STATE OF FLORIDA: Department of Children and Families NAME: Gilda P, Ferradaz TITLE: Circuit Administrator A am dzts. 131315"7MM Attachment A 1 2010 REQUEST FOR HOMELESS PREVENTION FUNDS Submitted by: Monroe County Social Services BOARD OF COUNTY COMMISSIONERS Commissioner George Neugent, District 2 Mayor Sylvia Murphy, District 5 Commissioner Kim Wigington, District 1 Mayor Pro Tom Heather Carruthers, District 3 Commissioner Mario DiGennaro, District 4 15a The Monroe County, FL COMMMy COBIN0n abdicated to ft Spedel Needs of the HW»efess April 19, 2010 Tom Pierce Office on Homelessness Department of Children and Families 1317 Winewood Blvd Building 3, Room 201 Tallahassee, Florida 32399-0700 Re: Request for HPRP Funds Dear Tom: Southernmost Homeless Assistance League is recommending that Monroe County Social Services be selected to distribute a pardon of the balance of funds that is available for the 2010 Allocation of Homeless Prevention and Rapid Re -housing Program. This recommendation is based on a publicly noticed and open meeting of the SHAL Executive Committee where the appropriate units of government were represented. Based on the performance of serving people at risk of homelessness over the past year with rental assistance, SHAL recommends That the Monroe County Social Services be allocated additional funds to meet this large need. Sincerely, � L,6�ClL�- 1 Wendy ales, PhD Executive Director RalEtte Avael, Chair Janie Plpher, Vice Chair Sheryl Graham, Secretary Dou Blomberg, Treasurer PO Box 2990, Key West, FL 33045.2990 15b AGENCY 2010 REQUEST FOR FUNDS TO SHAL Agency Name: Monroe County Social Services IRS Employer Identification Number: Nj�,501(c)(3)?, YES NO Mailing Address Physical Location where Services Provided Street:1100 Simonton Street, 2-257 1100 Simonton Street, 1 st Floor, Key West, FL City:Key West 490 V4 Street Ocean, Marathon, FL State: Florida 88820 Overseas Hwy, MM 88.8, Tavemier, FL Zip Code:33040 Executive Director's Name: Raman Gastesi, County Administrator Phone Number: 305 292.4441 Fax: 305-292.4544 Email [PRINT CLEARLY]: gastesi-roman@monroecounty-fl.gov Primary Project Contact: Sheryl Graham Phone Number. 305-292-4510 Fax: 305 295-4359 Email [PRINT CLEARLY]: graham-sheryl§monroecounty-fl.gov Agency Website: www.monroecountyfl.gov Project Name: Homeless Prevention Funds Program Population Served in proposed project: CIRCLE ONE Homeless Those at risk of homelessness Other: Currentiy, MCSS provides services to BOTH homeless and those at risk o homelessness. Jhis would n9Lghang2 with the addition of these rant funds. Program Area(s) to be implemented In proposed project: CIRCLE Rental Assistance Utility Assistance other Case Management Employment Skills - List physical addresses in each of the 3 regions of the Keys where clients will receive services: 1100.Simonton Street, I st Floor, Key West, FL (Lower Keys) 490 63`' Street Ocean, Marathon, FL (Middle Keys) 88820 Overseas Hwy, MM 88.8, Tavernier. FL (Upper Keys) 10 Narrative Monroe County Social Services, the sub -grantee, for the Homeless Prevention and Rapid -Re -Housing Program grant was awarded a two year grant, effective September 30, 2009 through June 30, 2011. Monroe County was given an initial allocation of $257,007.00. First Year's estimated budget spending was $154,204.0D (60% of grant funds) and $102,803.00 (40% of grant funds) for the Second Year. Monroe County Social Services Staff is located in three different areas of the Keys. This allows for maximum participation by residents who are in need of assistance. Due to the high demand, request for assistance and success of the Homeless Prevention Program, Monroe County exceeded our First Year Budget Allocation. This resulted in an amendment to the Initial contract to reallocate $52,906.00 from the Second Year spending to be utilized in the First Year spending. The Original budget for direct client financial assistance was estimated at 60% percent of the budget' The reallocation of funds from the Second Year to the First Year results in an increase of 14% going to direct financial assistance. Monroe County Social Services has also been able to utilize other funding sources to provide case management and administration services which have resulted in a reduction of these original estimated spending amounts and allowing funding to be moved Into direct client financial assistance. As of 3d Quarter reporting, Monroe County Social Services has assisted 69 households with total expenditures of $141,698.01. Once the BOCC approves the budget revision of moving the $52,906.00, 22 additional households have been approved with total expenditures of $45,669.00 which would bring the GTD spending to $187,367.01. For the first six months of this grant, Monroe County has expended 72% in direct client financial assistance of the total allocation of $257,007.00. In addition to the above expenditures, we are still receiving applications. We currently have 34 applications on hold due to lack of funding. Based on the average number of months of rental assistance requested (2 months), estimated expenditures for these 34 applicants are approximately $70,930.00. After moving $52,906.00 to the First Year Budget, the Second Year Budget is only $45,297.39 for direct assistance. Even with the addition of the 2010 HPRP Allocation Pro Rata Need by Continuum of $25,303 for Monroe County, Social Services would only by able to assist current clients and the above pending clients. We would not be able to assist any new applicants. Our initial expectation was to assist approximately 125 households for the entire two years. Based on the above information, we have assisted approximately 125 households in the first six months of the First Year alone. 15d In summation, current GTD expenditures for Monroe County Social Services are $141,698.01 with an additional encumbered amount of $45.669.00 which brings total GTD expenditures in direct financial assistance at $187,367.01, This amount represents a total of 91 households served with an average amount per household of $2,059.00. For the first six months of this grant, an average of 15 households per month. (Please refer to attached, spreadsheet and back up for additional clarification and information). Based on this information. Monroe County Social Services is requesting 2010 HPRP Pro Rate Need amount of $100,000.00 as opposed to the formula allocation of $25,303. The $100,000 allocation would allow us to prevent homelessness by providing an additional 48 households with rental assistance. Proposed drawdpwn schedule for 2010 HPRP re, guest Monroe County Social Services request the following drawdowin schedule for the Pro Rate, Need by Continuum allocation of $1 00,0iD0.00: First Quarter/Second Year Second Quarter/Second Year July 15, 2010 October 15, 2010 $25,000.00 Third Quarter/Second Year January 15, 2011 $25,000.00 $25,000.0o Fourth Quarter/Second Year April 15, 201t $25,000,00 As requested, attached please find the following documents: a. Pro Rata Need Budget Summary b. "Requested Budget" c. 2009 Quarterly Performance Report for quarter ending 3/31/10. 15e MONROE COUNTY SOCIAL SERVICES HOMELESS PREVENTION AND RAPID RE -HOUSING GRANT REQUEST FOR RELEASE OF FUNDS SCHEDULE RELEASE DATE AMOUNT First Quarter/First Year October 15, 2009 $38,551.12 Second Quarter/First Year October 15, 2009 $38,551.12 Third Quarter/First Year January 15, 2010 $38,551.12 Fourth Quarter/First Year May 15, 2010 $91,456.64 First Quarter/Second Year July 15, 2010 $37,474.25 Second Quarter/Second Year October 15, 2010 $37,474.25 Third Quarter/Second Year January 15, 2011 $37,474.25 Fourth Quarter/Second Year April 15, 2011 $37,474.25 Completed by Kim Wilkes Sr. Grants Coordinator 7/27/ 10 revised 10 Homeless Prevention Funds Budget Summary Page `revised 7/29/10 for additional $100,000 allocation Agency: Monroe County Board of County Commissioners Total grant allocation=$357,007.00 DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL Year One budpet(711108-613o/1o)= gn7 1 i n nn LINE ITEMS TOTAL MCSS LIHEAP Monroe County EXPENSE & other grants General Revenue A. Financial Assistance -direct client assistance 2,137,118.35 190,413.79 1,406,704.56 540,000.00 (includes rental assistance and utility payments) B. Case Management & Employment Skills 8,582.20 8,582.00 0 0 part time Case Manager (new hire) ( salary only) C. Data collection and evaluation (HMIS entry) 8,000.00 8,000.00 0 0 Sub contractor (SHAL) D. Adminstrative Cost 114.21 114.21 0 0 (includes office supplies, operating supplies, advertising, rental and leases -Xerox copier, postage) TOTALS: 12,153,814.761 207,110.007406,704.56 540,000.00 DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL Year Two budget(711110-6130111)= 149 897 00 LINE ITEMS TOTAL EXPENSE MCSS LIHEAP & other grants Monroe County General Revenue A. Financial Assistance -direct client assistance 2,071,951.77 125,247.21 1,406,704.56 540,000.00 (includes rental assistance ) B. Case Management & Employment Skills 17,264.00 17,264.00 0 0 C. Data collection and evaluation (HMIS entry) 4,000.00 4,000.00 0 0 D. Adminstrative Cost 3,500.00 3,385.79 0 0 (includes office supplies, operating supplies, advertising, rental and leases -Xerox copier, postage) TOTALS: 2,096,715.77 149,897.001 1,470U,704.561 540,000.00 % spent of grant Total direct assistance - $315,661.00 88.42% spending breakdown: case management- $25,846.00 7.24% data entry - $12,000.00 3.36% administration- $3,500.00 0.98% total $357,007.00 100.00% 8/11/20102:50 PM l5g OMB Approval Number: 2506-0180 (Expiration Date: 9/30/2009) E. Estimated Budget Summary HUD requires the grantee to complete the following table so that participants in the citizen participation process may see the grantee's preliminary estimated amounts for various HPRP activities. Enter the estimated budget amounts for each activity in the appropriate column and row. The grantee will be required to report actual amounts in subsequent reporting. HPRP Estimated Budget Summary Homelessness�housing PreventionBudgeted 'Total Amount Financial Assistance' $ 315,661.00 $ n/a $ 315,661.00 Housing Relocation and Stabilization Services $ 25,846.00 $ n/a $ 25,846.00 Subtotal (add previous two rows) $ $ n/a $341,507.00 Data Collection and Evaluation $ 12,000.00 Administration (up to 2.5%) $ 3500.00 Total HPRP Amount Budgeted $ 357,007.00 'Financial assistance includes the following activities as detailed in the HPRP Notice: short-term rental assistance, medium -term rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers. 2Housing relocation and stabilization services include the following activities as detailed in the HPRP Notice: case management, outreach, housing search and placement, legal services, mediation, and credit repair. 3Data collection and evaluation includes costs associated with operating HUD -approved homeless management information systems for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use of HPRP funds. 4This amount must match the amount entered in the cell on the table in Section A titled "Amount Grantee is Requesting." HUD-40119 15h THE STATE OFFICE ON HOMELESSNESS REVISED ATTACHMENT C REQUEST FOR RELEASE OF FUNDS SCHEDULE HOMELESSNESS PREVENTION AND RAPID RE -HOUSING PROGRAM (HPRP) In accordance with the terms and conditions of the Homeless Prevention and Rapid -Re -Housing program (HPRP) Agreement the Grantee has been awarded the amount of $257,007.00 (2009) and $100,000.00 (2010) for a total of $357,007.00 and the Department shall release these funds in accordance with the following schedule, subject to the availability of funds: DRAW DATE AMOUNT First Year October 15, 2009 $77,102.24 January 15, 2010 $38,551.12 May 15, 2010 $91,456.64 Second Year July 15, 2010 $37,474.25 October 15, 2010 $37,474.25 January 15, 2011 $37,474.25 April 15, 2011 $37,474.25 2009 TOTAL $207,110.00 2010 TOTAL $149,897.00 GRAND TOTAL $357.007.00 For each payment request the Grantee shall prepare and submit a request for release of funds by activity on the Grantee's stationary. Revised 10t01 /2010 19 KFZ28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Employee Services Bulk Item: Yes X No _ Department: Risk Management Staff Contact Person: Maria L. Slavik x317 AGENDA ITEM WORDING: Approval to accept proposal from The Florida Municipal Insurance Trust Agreement #386 to provide General Liability, Vehicle Liability and Public Officials/Employee Practices Liability. ITEM BACKGROUND: The policy provides insurance coverage for sums which the County may become legally obligated to pay as a result of bodily injury, property damage, or personal injury arising out of its operations. The policy also provides for reimbursement percentage of legal fees incurred in the defense of criminal, civil or ethics proceedings. PREVIOUS REVELANT BOCC ACTION: Coverage was previously bid in 2008. CONTRACT/AGREEMENT CHANGES: This renewal represents an increase of $6,109 (3%) over last year's premium with the same coverage. STAFF RECOMMENDATIONS: Approval to accept proposal from Florida League of Cities at a cost of $210,455 to be paid in quarterly installments. TOTAL COST: $210,455 INDIRECT COST: BUDGETED: Yes X No COST TO COUNTY: $210,455 SOURCE OF FUNDS: Ad valorum REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty Purchasing Risk Manag ement DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/27/01 r, t MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FMIT #386 Co Contract # Effective Date: 10/ 1 /2010 Expiration Date: 10/ 1 /2011 Contract Purpose/Description: General Liability Insurance Renewal Contract Manager: Maria Slavik 3178 Risk Management #7 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 9/15/10 Agenda Deadline: 8/31/10 CONTRACT COSTS Total Dollar Value of Contract: $ $210,455 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 503-08502-530-450- Grant: $ - - County Match: $ - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director Date In �1�C�T Needed � Rev'ewer Yes❑ Nolo, � Risk Managem nt �� �0 OM.B./Purc asingU Yes❑ Now Yes❑ No County Attorney IIA1d Yes❑ NoQ' L.'- 8 2 3 10 Comments: OMB Form Revised 2/27/01 MCP #2 I NTERISK CORPORATION Consultants Risk Management Employee Benefits August 18, 2010 Ms. Maria Slavik, CPM Risk Administrator Monroe County 1100 Simonton St. Suite 268 Key West, Florida 33040 1111 North Westshore Boulevard Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 Subject: Renewal Excess Liability Insurance with the Florida League of Cities Dear Maria: I have reviewed the renewal proposal of the County's Excess Liability insurance as submitted by the Florida League of Cities. As in years past coverage is being proposed through the Florida Municipal Insurance Trust (FMIT) and includes the following coverages: ➢ General Liability ➢ Automobile Liability ➢ Automobile Physical Damage on scheduled Vehicles ➢ Public Officials Liability The current policy provides a per occurrence limit of $5 million subject to a $100,000 per claim self insured retention. The term of the current policy is October 1, 2009 to October 1, 2010. The annual premium of the current policy is $204,346 The League has offered to renew the current policy for the period of October 1, 2010 to October 1, 2011 with terms and conditions consistent with the current policy for an annual premium of $210,455. This represents an increase in the premium of $6,109 (3%). It is believed that this represents a favorable renewal and it is recommended that Monroe County renew its Excess Liability insurance with the Florida Municipal Trust as proposed by the Florida League of Cities. Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTMSK CORPORATION Sidney G. Webber CPCU, ARM CC: Teresa Aguiar BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Airports Bulk Item: Yes X No _ Department: Florida Keys Marathon Airport Staff Contact Person/Phone #: Reggie Paros — 289-6060 AGENDA ITEM WORDING: Approval of Second Extension of Time to Lease Amendment with Coast FBO, LLC, Fixed Base Operator (FBO), at Florida Keys Marathon Airport ITEM BACKGROUND: Coast FBO cannot complete the major conditional use permit application for a new hangar until a final determination on an aeronautical study of departure surface areas is received from the FAA. Consequently, Coast FBO is unable to comply with the permit application deadline of September 1, 2010, imposed in its current lease, and a second extension of time to March 30, 2011 is requested. PREVIOUS RELEVANT BOCC ACTION: On March 17, 2010, Board approved an initial Extension of Time to Lease Amendment with Coast FBO. CONTRACT/AGREEMENT CHANGES: The Second Extension of Time to Lease Amendment extends the deadline for Coast FBO to submit a complete major conditional use permit application to March 30, 2011. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes COST TO COUNTY: SOURCE OF FUNDS: No REVENUE PRODUCING: Yes X No _ AMOUNT PER YEAR $113,688 for entire leasehold plus tax, plus percentage of fuel flow APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # SECOND EXTENSION OF TIME TO LEASE AMENDMENT This Second Extension Of Time To Lease Amendment is entered into this 15th day of SEPTEMBER, 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereafter COUNTY), and COAST FBO, LLC., a corporation, whose address is 9850 Overseas Highway, Marathon., Florida 33050 (hereafter FBO). WHEREAS, on April 6, 1998, the COUNTY entered into a 20 year lease (the Original Lease) with the FBO's predecessor in interest whereby the FBO is to provide fixed base operations service at the Florida Keys Marathon Airport (FKMAP). A copy of the original lease is attached as Exhibit A and made a part of this amendment; and WHEREAS, the original leasehold has been conveyed and the lease has been assigned to the FBO; and WHEREAS, the FBO'S predecessor in interest executed a lease amendment dated December 19, 2001 in order to provide additional hangar and ramp space; and WHEREAS, by its terms, the December 19, 2001 amendment became void when the FBO's predecessor in interest failed to build a hangar within 2 years of the effective date of the amendment; and WHEREAS, the predecessor in interest continued to occupy and use the leasehold parcel as a ramp area on a month to month tenancy which the FBO has continued; and WHEREAS, on April 15, 2009, the FBO and the County executed a new lease amendment which requires that the FBO build a corporate hangar on said parcel within 2 years of the execution of the new lease amendment: and WHEREAS, the FBO desires to build a corporate hangar in excess of 5,000 square feet which, under County land development regulations, will require a major conditional use permit; and WHEREAS, a major conditional use is a prolonged permitting process; and WHEREAS, the FBO has requested that the major conditional use permit processing time be excluded from the 2 year time deadline set forth in the April 15, 2009 Lease Amendment; and WHEREAS, the County and the FBO entered into an Extension of Time to Lease Amendment to allow the major conditional use permit process to run its course without penalty to the FBO; and WHEREAS, the FBO cannot complete the major conditional use permit application until a final determination on an aeronautical study of departure surface areas is received from the FAA; now, therefore In consideration of the mutual covenants and promises set forth below, the parties agree as follows: SECTION 1. The FBO shall submit a complete major conditional use permit application by March 30, 2011. This Second Extension Of Time To Lease Amendment shall become void if a major conditional use permit application is not submitted by the aforesaid date. If a major conditional use permit application is not submitted by the aforesaid date the FBO shall be bound by the terms of April 15, 2009 Lease Amendment. For purposes of this amendment void shall be defined as "an instrument which is wholly ineffective, inoperative, and incapable of ratification and which thus has no force or effect so that nothing can cure it." Black's Law Dictionary, 61' edition (1991). SECTION 2. The FBO shall have 2 years from the date the FBO has been informed by the County that the major conditional use has been approved and the major conditional use permit is available for pick up, to build the hangar and obtain a certificate of occupancy. SECTION 3. Except as specifically provided for in this Extension Of Time To Lease Amendment, all of the terms and conditions of the April 15, 2009 Lease Amendment and the April 6, 1998 Original Lease remain in full force and effect. 2 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly 0#*sized representative the date first written above.. NL) EST: DANNY L. KOLHAGE, CLERK Ulz Deputy Clerk ATTEST: .2 Title BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairperson COAST FBO. LLC. - PEDRO J-- ASSISTANT 00 pate i�C-ADO Y ATTORNEY U 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of a lease agreement with First State Bank to operate an automated teller machine (ATM) at the Key West International Airport. ITEM BACKGROUND: When Orion Bank went into receivership with the FDIC on November 13, 2009, IberiaBank chose not to purchase the ATM that was located at KWIA, and they shut the unit down on May 5, 2010. PREVIOUS RELEVANT BOCC ACTION: 6-16-2010 C-2 - approvaI to terminate the lease agreement with Orion Bank for the ATM at KWIA; 3-17-2004 — approval of lease agreement with Orion Bank; 8-19-2009 C-6 — approval of lease extension agreement. CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval. TOTAL COST: NA INDIRECT COST: NA BUDGETED: NA DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None COST TO AIRPORT: None SOURCE OF FUNDS: NA COST TO PFC: None REVENUE PRODUCING: Yes X No AMOUNT PER YEAR: $1,200.00 APPROVED BY: County Attorney DOCUMENTATION: Included X O Purchasing of Required Risk Management DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: First State Bank Effective Date: September 1, 2010 Expiration Date: August 31, 2011 Contract Purpose/Description: Lease agreement for Automated Teller Machine (ATM) located at the Key West International Airport Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 15, 2010 Agenda Deadline: August 31, 2010 CONTRACT COSTS Total Dollar Value of Contract: Revenue Producing Current Year Portion: NA Budgeted? NA Account Codes: NA Grant: NA County Match: NA ADDITIONAL COSTS Estimated Ongoing Costs: NA For: (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date In Airports Director/_ Risk Management I/L/2 O.M.B./Purchasing A--/ Q/—w County Attorney_/_/_ Comments: (c-.P..na nfir, CONTRACT REVIEW Changes Needed Yes No c� c"1 ( 1 ( ) Pedro Mercado Reviewer Date Out AJ Aet H 4_'Ct i or fOMB AUTOMATED TELLER MACHINE AGREEMENT KEY WEST INTERNATIONAL AIRPORT FIRST STATE BANK THIS AGREEMENT is made and entered into on the day of , 20 , by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Lessor" or "County", and FIRST STATE BANK OF THE FLORIDA KEYS, a Florida banking corporation, hereinafter referred to as "Lessee", - WHEREAS, Lessor desires to grant to Lessee a non-exclusive right to operate an automated teller machine at the Key West International Airport at Key West, Florida, hereinafter referred to as "Airport"; and WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide for the leasing by Lessor to Lessee of certain space in the Terminal at the Airport; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. Premises - Lessor hereby leases to Lessee a mutually agreed upon site in the arrivals concourse for Lessee's use to install, maintain and operate an automated teller machine space. For purposes of this lease, the terms "Automated Teller Machine" or "ATM" means a device (and its related container, equipment and connections) used by Lessee or an affiliate to facilitate customer access to Lessee's banking and other services and products offered now or in the future. The ATM site shall be a mutually agreed upon site having adequate floor space, affording good visibility and allow the ATM to be installed, operated and maintained in accordance with its specifications and the Lessee's usual manner for the type of ATM involved. 2. Term - This agreement is for a term of one (1) year, commencing on October 1, 2010 and expiring on September 30, 2011. Upon written request by Lessee no later than 90 days prior to the expiration of the lease term, Lessor may, at Lessor's discretion, agree to renew the lease for one five-year term under the same terms and conditions (other than rent). If the five year option is exercised, the parties agree that the monthly rent shall adjusted pursuant to negotiation based on an evaluation of the financial results of the ATM during the initial one year period. 3. Rental and Fees — Lessee, during the term hereof, shall pay to Lessor for occupancy of said premises a monthly sum of $100.00, plus applicable sales tax to be paid on or before the first day of each month. 4. Lessee's Obligations - Lessee covenants and agrees: (a) to install, maintain, and service the ATM using reasonable efforts to ensure the ATM will remain fully operational during the lease term, subject to downtime from maintenance, equipment or network malfunction and other causes beyond Lessee's reasonable control. (b) to arrange, and pay, for the installation of phone service and related equipment associated with the operation of the ATM and to pay all charges for monthly phone service to the ATM. (c) to provide cash replenishment services for the ATM, in accordance with Lessee's usual and customary practices and to bear all risk of loss of such cash. (d) to pay the rent and other charges herein reserved at such times and places as the same are payable; (e) to make no alterations, additions or improvements to the leased premises without the prior written consent of Lessor, which consent shall be not be unreasonably withheld; (f) to keep and maintain the ATM and associated equipment neat, clean and in good condition, order and repair during the term of this agreement. (g) to observe and comply with any and all requirements of the constituted public authorities and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Lessee or its use of the demised premises, including, but not limited to, rules and regulations promulgated from time to time by or at the direction of Lessor for administration of the Airport; (h) to carry fire and extended coverage insurance, if obtainable, on Lessee's equipment on the leased premises to the full insurable value thereof. (i) to control the conduct, manner and appearance of its officers, agents, and employees maintaining and/or servicing the ATM, and any objection from the Director of Airports concerning the conduct, manner or appearance of such persons, Lessee shall forthwith take steps necessary to remove the cause of the objection. (k) to remove, at Lessee's sole expense and with reasonable diligence, the ATM from the ATM site upon termination of the lease for any reason and to restore the premises to it's original condition prior to the commencement of this lease. The time for cessation of operation and removal of the ATM will include the time reasonably necessary for Lessee to comply with any regulatory requirement that prior notice be given of the removal of the ATM. 5. Signage and Promotional Activities — The ATM will, at Lessee's option, bear Lessee's customary corporate signage and graphics. Lessee shall also be permitted to place and maintain at Lessee's expense, a sign using Lessee's customary corporate signage and graphics on the exterior of the arrivals concourse in a mutually agreed upon location which will afford good visibility. The sign shall comply with all applicable permitting and zoning requirements. If the Lessee changes it's name or corporate signage or graphics at any time, Lessee shall have the right to make such changes as are necessary to reflect the changes and may modify or change existing signs to do so. Lessee shall, at its sole cost and expense, remove and cover its exterior sign(s) at the termination of this lease and shall repair any damage caused by the removal. Either party may refer in its advertising to the fact that the Lessee's ATM is located at the ATM site provided in this lease if the other party has previously approved the text and medium of the particular advertisement. All signage will be submitted to and approved by the Lessor which approval shall not be unreasonably withheld. 6. Lessor's Obligations — Lessor covenants and agrees: (a) to maintain, at Lessor's expense, the arrivals concourse including the ATM site and its surrounding area and lighting in good order and condition, including the provision of 2 daily janitorial and trash removal service. Maintenance and repair of the ATM shall be the Lesee's responsibility as provide in section 4 above. (b) to provide an adequate electrical power source at the ATM site for the ATM and to pay for the associated use of the electric service. (c) subject to airport and/or TSA security requirements, to provide unrestricted access to the ATM to all users of the ATM, including Lessee, Lessee's employees, agents and contractors, at all times during Lessor's hours of operations. (d) ATM will not be shut off without first contacting Lessee and obtaining approval form a valid bank representative. (e) not to use any phone line installed by or on behalf of Lessee or any equipment installed by or on behalf of Lessee for any purpose other than the operation of the ATM. (f) not to move the ATM from its installed site without the consent and assistance of bank personnel. Following notice from the Lessor of its intention to do so, Lessor may remove the ATM from its installed site if Lessee fails to do so upon termination of this lease. 7. Accounting Procedures - Lessee agrees that it will make available to Monroe County, a full and complete book of accounts and other records pertaining to the leased space, improvements thereon and the rental payments. The records shall not include any records of any financial transactions actually conducted at the ATM. The County, acting through its Finance Director or other authorized representative, shall, upon reasonable notice, have the right to inspect and audit said records. 8. Investment by the Lessee - All leasehold improvements and their titles shall vest immediately in Monroe County upon their acceptance by the County. Furniture, furnishings, fixtures and equipment will remain the personal property of Lessee and may be removed upon the termination of the lease, provided all of its accounts payable to the County are paid at that time, or in the event the County does not purchase same. 9. Damage and Injury - Lessee covenants that it and all of its agents, servants, employees, and independent contractors will use due care and diligence in all of its activities and operations at the Airport and the Lessee hereby agrees to repay or be responsible to Monroe County for all damages to the property of the County which may be caused by an act or omission on the part of the Lessee, its agents, servants, or employees. 10. Other Development of Airport - Monroe County reserves the right to further develop or improve the landing area of the Airport as its sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance; provided, however, that in no event can the County deprive the Lessee of reasonable and direct routes of ingress and egress to the ATM site. 11. Terminal Area Planning - Lessee acknowledges that Monroe County has Master Plans including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the County, especially in those areas of terminal improvements which may at some time cause relocation of ATM site. 3 12. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: (a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Lessee has complied and is complying with the terms and conditions of this agreement with respect thereto; or (b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event disrupt or unduly interfere with the operations of Lessee, and provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the leased premises by Lessor, Lessee or third parties, as a result of the exercise by Lessor of its rights hereunder, and the repair of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor. 13. Indemnification/Hold Harmless Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the Lessor and the Lessor's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees on the Airport during the term of this Lease, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the Lessor or any of its employees, agents, contractors or invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this section will survive the expiration of the term of this lease or any earlier termination of this lease 14. Liability Insurance - The Lessee shall procure and maintain insurance of the types and to the limits in paragraph (1) and (2) inclusive below. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 12 (1) Workmen's compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. (2) Commercial General Liability - Coverage must include: a. Combined single limit for bodily injury and property damage - $1,000,000. b. Additional Insured - Monroe County is to specifically be included as an additional insured. (3) Certificate of Insurance - Certificates of all insurance required from the Lessee shall be filed with the County. Certificates from the insurance carrier, stating the types of coverage provided, limits of liability, and expiration dates, shall be filed with the County before operations are commenced. The required certificates of insurance shall not only named the types of policies provided, but shall also refer specifically to this agreement and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this agreement. (4) All insurance companies shall be authorized to do business in the State of Florida. MONROE COUNTY SHALL BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKMAN'S COMP. 15. Non -Discrimination - Lessee shall furnish all services authorized under this agreement on a fair, equal and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and non-discriminatory prices for all items and services which it is permitted to sell or render under this agreement. Lessee agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Lessee agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) 5 The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 16. Rules and Regulations - Lessee agrees to observe and obey, during the term of this lease, all laws, ordinances, rules and regulations promulgated and enforced by the County and by any other proper authority having jurisdiction over the conduct of the Lessee's operations at the Airport. Within thirty (30) days from the date of this agreement, the County shall provide Lessee a written list of all rules and regulations which it has promulgated up until that time and which will effect the Lessee's operations hereunder. In the event new rules and regulations are contemplated, written notice of same shall be furnished to Lessee, and Lessee will be given thirty (30) days to comply. In the event that Lessee should determine that any contemplated rule or regulation unreasonably hinders him in his operation under this agreement, the Lessee shall so notify the County, and the parties hereto agree that any problem arising incidental thereto will, as much as possible, be worked out between the parties without the necessity to resort to further legal remedies. 17. United States' Requirements - This lease shall be subject and subordinate to the provisions of any existing or future agreement between the Lessor and the United States relative to the operation or maintenance of the Airport, and execution of which has been or may be required by the provision of the Federal Airport Act of 1946, as amended, or any future act affecting the operation or maintenance of the Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreement to include provisions protecting and preserving the rights of Lessee in and to the demised premises and improvements thereon, and to compensation for the taking thereof, and payment for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor or the United States pursuant thereto. 18 . Cancellation by Lessor - If any of the following events occur, the Lessee shall be deemed to be in default of its obligations under the agreement, in which case Monroe County shall give the Lessee notice in writing to cure such default within thirty (30) days, or the Lease will be automatically canceled at the end of that time and such cancellation will be without forfeiture, waiver, or release of the County's right to any such of money due pursuant to this agreement for the full term hereof: (a) if Lessee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws of any other similar law or statute of the United States or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Lessee; (b) if any order or decree of a court of competent jurisdiction Lessee shall be adjudged bankrupt or an order shall be made approving a petition seeking its reorganization, or 0 the readjustment of its indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state, territory, or possession thereof or under the law of any other state, nation, or government, provided, that if such judgment or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of cancellation given shall be and become void and of no effect; (c) if by or pursuant to any order or decree of any court or governmental authority, board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benefit of creditors, provided, that if such order or decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and will become null, void and of no effect; (d) if Lessee fails to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within thirty (30) days following receipt by Lessee of written demand from Lessor to do so; (e) if Lessee defaults in fulfilling any of the terms, covenants, or conditions required of it hereunder and fails to remedy said default within thirty (30) days following receipt by Lessee of written demand from Lessor to do so, or if, by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Lessee of written demand from Lessor to do so, then, if Lessee shall have failed to commence the remedying of such default within thirty (30) days following such written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof, (f) if the Lessee shall desert or abandon the premises for seven (7) consecutive calendar days; (g) if the concession or the estate of the Lessee hereunder shall be transferred, subleased, or assigned in any manner except in the manner as herein permitted; (h) if the Lessee shall fail to pay any validly imposed tax; assessments; utility rent, rate or charge; or other governmental imposition; or any other charge or lien against the premises leased hereunder within any grace period allowed by law, or by the governmental authority imposing the same, during which payment is permitted without penalty or interest; in complying with this subparagraph the Lessee does not waive his right to protest such tax, assessment, rent, rate or charge; or (i) if the Lessee fails to provide service as required by specifications for five days during any thirty day period, unless such failure is caused by an act of God, national emergency or a labor strike of which the Lessee has given the County immediate notice, the concession may be canceled within thirty (30) days of the giving of notice by the County and the Lessee shall not be permitted to cure such default. 19. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of the agreements, terms, covenants and conditions hereof, Lessor shall have the right of injunction to restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies, indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of monies by Lessor from Lessee after the cancellation or termination hereof shall reinstate, continue or extend the term, or affect any notice 7 previously given to Lessee, or operate as a waiver of the right of the County to enforce the payment of rentals and other charges then due or thereafter falling due, or operate as a waiver of the right of Lessor to recover possession of the premises by suit or otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after the commencement of any proceeding, or after a final order for possession of the premises, the County may demand and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, or order; and any and all such monies and occupation of the premises, or at the election of the County on account of Lessee's liability hereunder. The parties agree that any litigation arising out of the agreement shall be brought in Monroe County, Florida, and determined under the laws of the State of Florida. Lessee will pay any reasonable attorney's fees incurred if the County prevails in the enforcement of the agreement, regardless of whether or not a lawsuit is filed, including but not limited to all costs and attorney's fees incurred in collecting, trial, bankruptcy or reorganization proceedings or appeal of any matter hereunder and all costs, charges and expenses incurred herein. 20. Cancellation by Lessee - Lessee shall have the right upon written notice to Lessor, to cancel this agreement in its entirety upon or after the happening of one or more of the following events, if said event or events is then continuing: (a) the issuance by any court of apparent competent jurisdiction of an injunction, order, or decree preventing or restraining the use by Lessee of all or any substantial part of the leased premises or preventing or restraining the use of the Airport for usual airport purposes in its entirety, or the use of any part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport, which remains in force unvacated or unstayed for a period of at least one hundred twenty (120) days; (b) the default of Lessor in the performance of any of the terms, covenants or conditions required of it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days following receipt of written demand from Lessee to do so, except that if by reason of the nature of such default, the same cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if Lessor shall have failed to commence to remedy such default within said thirty (30) days following receipt of such written demand, or having so commenced, shall fail thereafter to continue with diligence the curing thereof, (c) the inability of Lessee to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i) any law, (ii) any rule, order, judgment, decree, regulation, or other action or non -action of any Governmental authority, board, agency or officer having jurisdiction thereof, (d) if the fixed improvements placed upon the leased premises are totally destroyed or so extensively damaged that it would be impracticable or uneconomical to restore the same to their previous condition as to which Lessee is the sole judge. In any such case, the proceeds of insurance, if any, payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the same proportion of such proceeds as the then expired portion of the lease term bears to the full term hereby granted, and Lessee receiving the balance thereof. If the damage results from an insurable cause and is only partial and such that the said fixed improvements can be restored to their prior condition within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be entitled to receive and apply the proceeds of any insurance covering such loss to said restoration, in which event this agreement 0 shall not be canceled but shall continue in full force and effect, and in such case any excess thereof shall belong to Lessee; (e) in the event of destruction of all or a material portion of the Airport or the Airport facilities, or in the event that any agency or instrumentality of the United States Government, or any state or local government occupies the Airport or a substantial part thereof, or in the event of military mobilization or public emergency wherein there is a curtailment, either by executive decree or legislative action, of normal civilian traffic at the Airport or the use of motor vehicles or airplanes by the general public, continuing for a period in excess of fifteen (15) days; (f) the taking of the whole or any part of the leased premises by the exercise of any right of condemnation or eminent domain. 21. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or restrict in any way such lawful rights as Lessee may have now or in the future to maintain claims against the federal, state, or municipal government, or any department or agency thereof, or against any interstate body, commission or authority, or other public or private body exercising governmental powers, for damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a substantial part of the leased premises, including fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon Lessee's use and enjoyment of the leased premises for the purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in maintenance of any just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby by Lessee. 22. Assignment and Subletting - Lessee shall not assign this agreement without prior written consent of Lessor, nor permit any transfer by operation of law of Lessee's interest created hereby, other than by merger or consolidation. 23. Other Use - Lessee shall not use or permit the use of the leased premises or any part thereof for any purpose or use other than an authorized by this agreement. 24. Liens - Lessee shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by Lessee or any of its contractors or subcontractors upon the leased premises or arising out of or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of Lessee. 25. Time - In computing Lessee's term within which to commence or cure any default as required by this Lease, there shall be excluded all delays due to strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or other causes beyond Lessee's control. 26. Paragraph Headings - Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 27. Notices - Any notice of other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with 0 proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: Monroe County Board of County Commissioners P. O. Box 1680 Key West, Florida 33040 For Lessee: First State Bank of the Florida Keys, Attention Controller 1201 Simonton Street Key West, Florida 33040 or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. 28. Books, Records and Documents Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. 29. Severability If any term, covenant, condition or provision of this lease (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this lease, shall not be affected thereby; and each remaining term, covenant, condition and provision of this lease shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this lease would prevent the accomplishment of the original intent of this lease. The County and Lessee agree to reform the lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 30. Attorney's Fees and Costs The County and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 31. Binding Effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Lessee and their respective legal representatives, successors, and assigns. 10 32. 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. 33. Adjudication of Disputes or Disagreements County and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 34. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease, County and Lessee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease or provision of the services under this lease. County and Lessee specifically agree that no party to this Lease shall be required to enter into any arbitration proceedings related to this Agreement. 35. Covenant of No Interest County and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 36. Code of Ethics County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 37. No Solicitation/Payment The County and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease. For the breach or violation of the provision, the Lessee agrees that the County shall have the right to terminate this Lease without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 38. Public Access The County and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the 11 County and Lessee in conjunction with this Lease; and the County shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessee. 39. Non -Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Lessee in this Lease and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 40. Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Lease within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 41. Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 42. Non -Reliance by Non -Parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Lessee agree that neither the County nor the Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 43. No Personal Liability No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 44. Execution in Counterparts This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall 12 R it iLl BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes XX No Division: Airports Staff Contact Person: Pedro Mercado/Peter Horton AGENDA ITEM WORDING: Approval of waiver of purchasing policies and procedures in award of Key West International Airport Security Systems Improvements. ITEM BACKGROUND: A new Fire and Security System was installed at the airport in both the new terminal building and the renovated terminal building during the construction and renovation of the buildings. The Fire and Security systems were installed by a company called Integrated Fire and Security Systems (IFSS). IFSS was the successful bidder for the Fire and Security systems installation in the new terminal building and the renovated terminal building and was hired by Morganti to complete the initial work following, the advertisement, bid and award of work by Morganti pursuant to County purchasing policy and procedure. All of the work contracted for and contemplated in the original bid has been completed. Subsequent to the completion of the original work, additional work was completed pursuant to an FDOT grant for enhancements to the security system. The County continues to receive supplemental FDOT grants for funding of additional security and fire safety upgrades. As the board has been previously informed, the security system contains proprietary software which the County is licensed to use through its agreement with IFSS which led to the approval of a sole source award of contract for the initial phase of security upgrades. The County approved sole sourcing the security enhancement work because of the risk of Fire and Security system malfunctions while a new vendor installed its proprietary software and integrated the security enhancements into the existing system. In previously approving the waiver of purchasing policy and procedures the upgrades included additional CCTV cameras, upgraded CCTV workstations and fire alarm system integration which allowed for integration of the fire and security systems located in the FedEx building and the Customs building. Although some of the components such as CCTV cameras and monitors were generic and could have been obtained from any number of vendors, the integration of the equipment in to the current system was the critical issue. Because of the proprietary nature of the software used in the system, the only way the County can ensure fire and security work is correctly integrated and warrantied to perform correctly, and the only way the County can ensure fire and security system integrity is maintained is by assigning any upgrade work that needs to be performed to the vendor holding the proprietary license. To reiterate a point made when this issue last arose, mission critical issues arise when a component has to be integrated with the proprietary software. With that in mind, the Airport continues to receive security upgrade grants as well as system upgrade mandates from the TSA requiring integration of additional components to the fire and security system. Rather than unduly delay security upgrade work while staff seeks approval to waive purchasing policy and procedures each time a grant is awarded or additional work is mandated, staff is hereby requesting authority to waive purchasing policy and procedures for fire and security system upgrades that require integration with the proprietary (Lenel) software currently in use at the airport. The waiver would be specific and would be limited to fire and security upgrades requiring integration with the proprietary (Lenel) software and would only involve work assigned to IFSS. As the original installer of the system and the holder of the proprietary license, IFSS is the only vendor that can provide seamless integration of the upgrade components and, more importantly, warranty the components to be fully functional with the system. PREVIOUS RELEVANT BOCC ACTION: Approved sole source award of an initial security system upgrade at the December 16, 2009 BOCC meeting. Approved waiver of purchasing policy and procedures at the May 19, 2010 BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST:$ COST TO COUNTY: BUDGETED: Yes XX No SOURCE OF FUNDS:100% FDOT Grant REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included XX Not Required DISPOSITION: AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/15/10 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 "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. ` ! h is Aprov ^ f w, f f re_rc;.,d +ke. q ` t-djc.{ oin 1..L1)10 of 3a.ne tfPn, ITEM BACKGROUND: Last month the BOCC approved this agreement but the System Design Exhibit A was not attached. This agenda item corrects that mistake. 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: Prior Approval to enter into an agreement "In -Building Service Enhancement Agreement" ISE Agreement (Standalone) 110508 with AT&T on August 18, 2010 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST:$0.00 BUDGETED: Yes No X COST TO COUNTY: $0.00 SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Ye§ No X AMOUNT PER MONTH Year APPROVED BY: County A OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: AT&T Contract #ISE Agr.(Standalone) 110508 Effective Date: 09/15/10 Expiration Date: 09/15/13 Contract Purpose/Description: ISE Agreement for In -Building Service Enhancement Agreement concerning the installation of a cellular repeater sstems to provide improved cellular service for AT&T cellular telephones inside the Nelson Building Contract Manager: Lisa Druckemiller 5.1.00 Technical Services 5-B (Name) (Ext.) (Department/Stop #) for BOCC meeting on 9/15/10 Agenda Deadline: 8/31/10 CONTRACT COSTS Total Dollar Value of Contract: S 0.00 Current Year Portion: $ 0.00 Budgeted? Yes❑ No ® Account Codes: 001-05002- - - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $0.00/yr For: Cellular Repeater System (Not included in dollar value above) (e , 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 4L6/—/O Yes❑❑ NoCounty Attorney Yes[] No©� p/U Comments: OMB Form Revised 2/27/01 MCP #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 (September 27, 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 of 8 €SE Agreement (Standalone) € 10508 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: 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 1SE Agreement (Standalone) l ]0509 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 Agretnnent (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 Frequencies 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. E ui ment Removal Fee System Type During 15 year of During 2n year of During remainder Initial Term Initial Term of Initial Term and any Renewal Term Microcell-enabled $NIA $NIA $NIA 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 -awned 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 [SE Agreement (Standalone) 110508 10. Notices. All notices and other communications required or permitted under this Agreement shali 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 shall 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 shall 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 orjoint 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 parry 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 1SE 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 sole 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 By Printed Name Title Date Monroe County Board of County Commissioners By Printed Name Title Date COUNTY N d'VEi) A5 T AT&T and Customer Confidential Information Page 7 of 8 N ISE Agreement (Standalone) 110508 Exhibit A System Design AT&T and Customer Confidential Information Page 8 of 8 1SE Agreement (Staoidatone) t t 0508 T co 0 M C CD M ae J 7 N Li, O O Q co O7 a- U y o� CM n at ,— 00 m p o F O O p N m �o Y C � O a` Y d C G a Q M G "1 0 0 N r O � c {n U ¢ W XR, N N O r0 Cif �q E C O C O U CD o � n .ci � 4 U 0 [�f U O O LL -V -© O ca c o (D Lu a - w 0 0 (p 0A O O o m CJC U C T" " I I I CD rufffAfr A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/15/10 Division: TECHNICAL SERVICES Bulk Item: Yes X No _ Department: TECHNICAL SERVICES Staff Contact Person/Phone #: Lisa Druckemiller, , 295-5100 AGENDA ITEM WORDING: Approval to waive purchasing policy and enter into an agreement with Icon Enterprises, Inc., d/b/a CivicPlus, for web hosting, website development, and content management services as described in the Licensing and Service Agreement for Monroe County FL and specifically detailed in Exhibit A. ITEM BACKGROUND: Technical Services has researched numerous content management software systems to manage Monroe County's primary website. The current system is limiting in its features, functions and capabilities, requiring significant staff resources to manage our website. Ongoing maintenance costs are already significant and adding features will require significant additional costs. Despite a significant up -front investment, the new content management system will provide additional features and functionality at a lower cost over time. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST:$31,209.00 BUDGETED: Yes X No COST TO COUNTY: $31,209.00 SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty /Purchasing Risk Management _ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: CivicPlus Contract # License and Service Agr. Effective Date: 09/15/10 Expiration Date: 09/15/11 Contract Purpose/Description: License and Service Agreement for Monroe County, FL to provide web hosting, development, and content management services for our priniqu website www.monroecojMjy- fl.gov for the term of 1 year Contract Manager: Lisa Druckemiller 5100 Technical Services 5-B (Name) (Ext.) (Department/Stop #) for BOCC meeting on 9/15/10 Agenda Deadline: 8/31/10 CONTRACT COSTS Total Dollar Value of Contract: $ 31,209.00 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 001-05002-530-340- Grant: $ - - - County Match: $ - - - 29,657.00 ADDITIONAL COSTS Estimated Ongoing Costs: $4,656.00/yr For: Web Hosting and CMS Services (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Division Director Risk Management O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Yes❑ No❑ ' O Yes[:] No[]� Yes[:] NoEg/75;F� OMB Form Revised 2/27/01 MCP #2 Yes❑ No❑ —qL Cpntn arm ? 17 10 --�Clvlc P I us License and Service Agreement for Monroe County, FL Organization Monroe County, FL URL www.monroecofI.virtualtownhall.net Street Address 1100 Simonton Street Address 2 City Key West State FL Postal Code 33040 CivicPlus provides telephone support for all trained clients from lam —7prn Central Time, Monday -Friday (excluding holidays). Emergency Support is provided on a 24l7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Jorge Swaby — 305-295-5121 Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Billing Contact Tina Boan E-Mail Boan-tina@monroecounty-fl.ctov Phone 305-292-4447 Ext. Fax 305-292-4515 Billing Address 1100 Simonton Street Address 2 Suite 213 City Key West Postal Code 33040 Tax ID # Sales Tax Exempt # Billing Terms Annual Account Rep Reece Hammitt - Info Required on Invoice (PO or Job #) Contract Contact Jorge Swaby Email Swaby-jorge G monroecounty-fl.gov Phone 305-295-5121 Ext. Fax 305-295-5105 ----- _. Project contact Jorge Swaby Email Swaby-jorqe@monroecounty-fl.gov Phone 305-295-5121 Ext. Fax 305-295-5105 Terms & Conditions Term of Agreement 1. This Agreement shall be for a one (1) year period, unless terminated earlier, and shall be renewable for two (2) additional one (1) year periods. Client Deliverable 2. Icon Enterprises, Inc., dfb/a CivicPlus will create a unique website for the Monroe County, FL (Client) that includes all functionality as defined in Exhibit A — Project Development Services, attached hereto. Additional Services 3. Client may contract with CivicPlus for additional Consulting, Website Design, Setup, Programming, and Training services (Project Development Services) that exceed those defined in Exhibit A. CivicPlus will invoice Client for the Page 1 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.Civ!cPlus.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 �C- 91 Vio C P I U S License and Service Agreement for Monroe County, FL additional services immediately prior to project Go -Live. Go -Live is defined as the date the website developed ~ pursuant to this Agreement is made available to the public under the Client's preferred domain name. 4. Client may contract with CivicPlus for additional Annual Support, Maintenance & Hosting services that exceed those defined in Exhibit B—Annual Support, Maintenance & Hosting Services. 5. Services that involve billable time beyond the contracted amount will be documented and invoiced. Written approval by the client is necessary before billable time is incurred. 6. Additional module upgrades may be purchased and activated at any time. Billing & Payment Terms 7. One-third of the total Project Development tee will be billed upon completion of design; one-third of the total Project Development fee will be billed upon completion of content. The remainder of the Project Development fee and any additional Project Development services will be invoiced upon Go -Live. 8. The client shall sign a project completion and acceptance form prior to project go -live. The date may be extended if material system or operational failures are encountered. Immediately upon project Go -Live the final bill for the project development services will be billable and payable. All Parties agree that the website will not go -live until the project is accepted in writing by the client. 9. The client shall only pay those expenses which are reviewed and approved as complying with this Agreement. 10. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued payment of expenditures for services specified herein, this agreement may be terminated immediately at the option of the client by written notice of termination delivered to CivicPlus. The Client shall not be obligated to pay for any services or goods provided by CivicPlus after CivicPlus has received written notice of termination, unless otherwise required by law. 11. CivicPlus shall submit all invoices to the Client with supporting documentation acceptable to the County Clerk based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 12. Project Development invoices are due by the first of the following month, but no sooner than 30 days from invoice date. 13. Invoicing for Annual Support, Maintenance & Hosting will begin four months from the date this contract is signed by the client, or upon project Go -Live whichever happens sooner. 14. Annual Support, Maintenance & Hosting invoices may be prorated in order to correlate with the Client's budget year. 15. Fees for CivicPlus Annual Support, Maintenance & Hosting services are invoiced at the time of service and are due by the first of the following month. Client shall pay in accordance with the Florida Local Government Prompt Payment Act. 16. Service will be discontinued if payment is not made within 45 days after the invoice due date. 17. If the Client's account exceeds 90 days past due, the web service may be temporarily removed from service until the Client's account is made current. Client will be given 30 days notice prior to removal of the website for non-payment. 18. Provided the Client's account is current, at any time the Client may request an electronic copy on CD of the website Customer Content. Client agrees to pay $225 per completed request. Provided the Client's account is current, upon termination the Client may request a complimentary electronic copy on CD of the website Customer Content. Agreement Renewal 19. This Agreement shall be for a one (1) year period and shall be renewable for two (2) additional one (1) year periods. 20. Client shall have the option to renew this Agreement for an additional contract term, by written approval. 21. Either party may terminate the Annual Support, Maintenance & Hosting Agreement by providing the other party with 60 days written notice. 22. Client may terminate this Agreement at any time if CivicPlus is found in default of any obligation hereunder which has not been cured within thirty (30) days after receipt of written notice of such default. Page 2 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivioPlus.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 1(c iV License and Service Agreement for Monroe County, FL 23. Each year this Agreement is in effect, charges for Annual Support, Maintenance & Hosting services may be adjusted by written agreement by 3% or Consumer Price Index (CPI) for all urban consumers for the most recent 12 months available, whichever is less. Support 24. CivicPlus will provide unlimited telephone support Monday -Friday, 7:00 am — 7:00 pm (Central Time) excluding holidays, for all trained Client staff. Emergency Support is provided on a 24/7/365 basis for emergency contacts named by the Client. Client is responsible for providing CivicPlus with contact updates. 25. Support includes providing technical support of the CivicPlus CMS System, application support (pages and modules), and maintenance of Client's website. Following initial setup, additional page design, graphic design, user training, site modification, and custom programming may be contracted separately for an additional fee. 26. During the period of this agreement and subsequent annual renewals, CivicPlus warrants that it will, without additional charge to the client, immediately correct any problems or defects discovered in the System and reported to CivicPlus by the client, such warranty to include ongoing maintenance upgrades and technical error correction. 27. CivicPlus provides online website statistics software at no extra charge. If Client desires to use another website statistic software, CivicPlus will provide the necessary log file access. Marketing 28. Client permits CivicPlus to include an example of the Client's home page and a link to the Client's website on the CivicPlus corporate website. 29. Client will cooperate with the CivicPlus Marketing Department to create a news item to be released in conjunction with their project Go -lave date. Client will provide CivicPlus with contact information for local and regional media outlets. CivicPlus may use the press release in any marketing materials as desired throughout the term of this Agreement. 30. Client will cooperate with the CivicPlus Marketing Department to create a case study related to their website. 31. Client agrees to allow Civ1cPlus to display a "Powered by CivicPlus" insignia and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this Agreement assumes such perpetual permission. Intellectual Property, Ownership & Content Responsibility 32. This Agreement is not a sale of the CivicPlus Content Management System (CMS) and its associated applications and modules (the Proprietary System). CivicPlus owns the Proprietary System and provides a right of use to the Client during the period of this Agreement. Rights are non -transferable. 33. Upon full and complete payment of submitted invoices for the development of graphic designs, web content, page designs and banners ("Customer Content'), client will own the Customer Content that is incorporated into the Proprietary System in the course of using the Proprietary System. 34. Upon completion of the development of the site, client will assume full responsibility for Web site content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 35. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Proprietary System in any way; (ii) modify or make derivative works based upon the Proprietary System; (iii) create Internet "links" to the Proprietary System or "frame" or "mirror" any functionality on any other server or wireless or Internet -based device; or (iv) reverse engineer or access the Proprietary System in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Proprietary System, or (c) copy any ideas, features, functions or graphics of the Proprietary System. 36. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the Proprietary System are trademarks of CivicPlus, and no right or license is granted to use them. Page 3 of 5 CiVICPIUS • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 �C_ V 1 C P I us License and Service Agreement for Monroe County, FL Indemnification 37. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the customer. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by customer or any entity other than CivicPlus that furnishes services, facilities or equipment used in connection with CivicPlus services or facilities. 38. To the extent allowed by law, CivicPlus covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CivicPlus occasioned by the negligence, errors, or other wrongful act or omission of CivicPlus' employees, agents, or volunteers. 39. Except as expressly provided in this Agreement, CivicPlus makes no expressed or implied representations or warranties, including any warranties regarding merchantability or fitness for a particular cause. 40. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Client 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 Client be required to contain any provision for waiver. Records and Public Access 41. CivicPlus 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 his 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. 42. CivicPlus 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 provision of Chapter 119, Florida Statutes, and made or received by the Client or CivicPlus in conjunction with this Agreement; and the Client shall have the right to unilaterally cancel this Agreement upon violation of this provision by CivicPlus. Miscellaneous 43. At all times and for all purposes hereunder, CivicPlus is an independent contractor and not an employee of the Client. No statement contained in this agreement shall be construed so as to find CivicPlus or any of its employees, contractors, servants or agents to be employees of the client. 44. Any and all modifications of the services and/or terms under this contract shall be accomplished by an amendment, which must be approved in writing by the Client and CivicPlus. 45. CivicPlus shall not assign this agreement except in writing and with the prior written approval of the Client, which approval shall be subject to such conditions and provisions as the Client may deem necessary. 46. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Governing Law, Venue, Interpretation, Costs, and Fees 47. 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. 48. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the Client and CivicPlus agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 49. Any waiver of any breach of covenants herein contained to be kept and performed by CivicPlus shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Client from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. Page 4 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicP[us.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 �C_e V I C P I us License and Service Agreement for Monroe County, FL Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Monroe County, FL CivicPlus Date Date --Remainder of this page left blank intentionally -- (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY DEPUTY CLERK MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRIST ' M. LIMBERT-BARROWS ASSISTAN COUNTY ATTORNEY Date Page 5 of 5 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 '�C' i V i C P I us License and Service Agreement for Monroe County, FL Exhibit A - CivicPlus Project Deliverables Provided below is a project estimate based upon deliverables in your website design. Additional options may be added in phases or as desired. Project Development Fee includes use of CivicPlus CMS with these modules & functionality: • Archive Center • Bid Postings (1 Category) • Business/Resource Directory • Calendar • Carbon Calculator • Document Center • Emergency Alert Notification • Facilities & Reservations (50 Facilities) • FAQs • Featured Info Module • Forms Development Tool (5 Forms - Client develops) • Healthy City Initiative • Intranet (1 Group) • Job Postings (1 Category) • News Flash • Notify Me Email Subscription • Online Jab Application (1 Generic Application) • Opinion Poll • Photo Gallery • Postcard Module • Quick Links • Real Estate Locator (25 Properties) • Request Tracker (5 Users) • Staff Directory • Action Items Queue • Audit Trail / History Log • Automated PDF Converter • Automatic Content Archiving • Dynamic Breadcrumbs • Dynamic Sitemap • Expiring Items Library • Graphic Link Administration • Links Redirect and Broken Links Finder • Menu Management • Mouse -over Menu Structure • Online Editor for Editing and Page Creation • Online Web Statistics (Only with CivicPlus Hosting) • Page Wizard for Preformatted Page Options • Printer Friendly / Email Page • Rotating Content • RSS • Search Engine Registration • Site Layout Options • Site Search & Entry Log • Slideshow • User/ Group Permission with Author & Publisher Rights • Web Page Upload Utility • Website Administrative Log Exhibit A Page 1 of 3 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 License and Service Agreement for Monroe County, FL • Project kick-off meeting with departments to • Assign information gathering tasks. Optional provide overview of website project, . Deliverable: A document summarizing capabilities and introduction of effective the meetings, with analysis and website communication. recommendations. Design information • One day meeting with website committee to gathered. discuss design goals and review audience . Quote includes all travel expenses. goals • Discuss design and layout standards with website committee. Optronaf On Stte strategrcPlanning Meeting with indtviddal Departments • Interpretation of current departmental p p Deliverable: A document summarizing the Optional processes and services resulting in meetings, with analysis and recommendations for website solutions. recommendations. Design information • Two days of meetings with up to 12 gathered. departments. • Quote Includes all travel expenses. Identify custom modules and integration protects. . Coordinate the DNS details. Phone interviews with departments and gather . Deliverable: Project Timeline and information worksheets. • Review current site statistics, if available Phase 2 Weistte Qestgn , .;: = - • Create a professional and attractive "look and . Determine customization of modules or $6,128 feel" for the entire website. custom development projects and • Create the layout for each page which will provide estimates for project changes. incorporate photographs, graphic illustrations, • Deliverable: Website Design topic headings, and dynamic components. Composition. • Modify design with input from client. Phase 3 Navigation :Architecture :Development J • Develop the global navigation and sub- . Determine optimum taxonomy structure. $770 navigation, persistent navigation, and resource . Deliverable: Navigation structure links for the client's website. optimized for your website. • Optional: Onsite Meeting for Individualized Content Planning (up to 12 departments) • Two days of onsite meetings. Review functionality and how it applies to Optional • Analyze call log. • Review assignments. • Review individual section's navigation. • Identify services and needs of departments • Demonstrate best website practices. individual sections. • Deliverable: Presentation on best practices, review worksheet assignments, and review design composite. • Quote includes all travel expenses. Phase4 Moiuies anc! • Set up dynamic elements on pages. Deliverable: Set up a fully functional site, $3,928 • Additional modules may be established based the software that runs the site and upon recommendations in Phase 1. statistical analysis for the site. Exhibit A Page 2 of 3 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 License and Service Agreement for Monroe County, FL • Develop sitemap as pages are being . Approximately 100 standard pages and up to Optional -Add f$4,133 developed 500 supporting elements will be developed (You $1,450 per50 • Gather content worksheets from your will have ability to create unlimited pages after additional pages departments and contact departments as training) needed for additional content . Ongoing review with your staff as major areas • Develop new web pages as needed with are developed assistance from client and migrate existing . Deliverable: Website content development and content module content. • Make final revisions to website. • Quality Assurance review of new website • Review ongoing responsibilities of deoartment heads and administrative staff. Included - Basic Page Admin Training . Basic page development using Page Wizards • Deliverable: List of items that need to be $2,306 addressed. • Applying modules to pages • Applied use and usability consulting • Effective communication through your website Included - Basic System Admin Training • Set up groups and users • Establish permissions Included - Basic Module Admin Training & Use Slideshow and Images, Document Center, News Flash, Staff Directory, Opinion Poll, Resource Directory, Calendar, FAQs, Quick Links, and PISS ON -SITE TRAINING Included - Advanced Module Admin Training & Use • Archive Center, Notify Me, Intranet, Emergency Alert Notification (Single Page Push) Also includes - Gov 2.0 features Slog, Facebook, Twitter, and Share eight -hour days of on -site training and usability consulting for content administrators (up to 10 employees). Quote includes travel expenses. Laptop training available for additional fee. Optional TRAIN -THE -TRAINER $3,420 24 hours, online phone training and consulting for ug to two emplovees Training in Manhattan, KS - eight -hour days of On -Site Training and Usability Consulting for Optional - Content Administrators (up to 10 employees) in our Manhattan, KS office. Client is responsible $1200/day for all travel -related arrangements and expenses. Additional Option - One day of On -Site Consulting with department administrators to review the Optional - $2,500 website and additional time for basic learners. Review website procedures. Must be combined with on -site trainina above. • Launch site. • Deliverable- Final project review report. • Gather feedback from staff involved in project. Optional: Content Fixes - This is a site review and cleanup; the Quality Control team will clean up Optional the site, correcting any issues found in pages that were created by client staff. Optional: Website Presentation — One day of on -site meetings to present website to Optional �— stakeholders. Quote includes travel expenses. • Registration of site with all major search engines $250 Phasel0 ;On`gomg `Gonsulfation • Site review and consulting Recommend site enhancements for improved Included • Layout, design and content visitor interaction recommendations Total Module Upgrade Fee (see front page for details) Included __._.._- _---- ._...._.._-- Total Functionality Upgrade Fee (see front page for details) Included Exhibit A Page 3 of 3 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 �Civlc License and Service Agreement for Monroe County, FL Exhibit B - Annual Support, Maintenance and Hosting Services Invoicing for Annual Support, Maintenance & Hosting begins four months from contract signing or upon project Go -Live, whichever occurs first. ✓ Shared Web/SQL Server ✓ DNS Consulting & Maintenance ✓ Monitor Bandwidth -Router Traffic ✓ Redundant ISP ✓ Redundant Cooling ✓ Natural Gas Powered Generator ✓ Daily Tape Backup ✓ Intrusion Detection &Prevention ✓ Antivirus Protection ✓ Upgrade Hardware EavicPlus Application & Modul ✓ Install Service Patches for OS ✓ Upgrades ✓ Fixes ✓ Improvements ✓ Integration ✓ Testing ✓ Development ✓ Usage License ✓ 7am-7pm (CST), Monday -Friday (excluding holidays) ✓ 24/7 Emergency Support ✓ Dedicated Support Personnel ✓ 2-hour Response During Normal Hours ✓ Usability Improvements ✓ Integrate New & Upgraded Services ✓ Proactive Support for Updates & Fixes ✓ Online Training Manuals ✓ Monthly Newsletters ✓ Phone Consulting ✓ CivicPlus University ✓ Civ!cPlus Connection Exhibit B Page 1 of 1 CivicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicP]us.com Toll Free 888-228-233 • Accounting Ext. 215 • Support Ext. 307 • Fax 785-587-8951 Item Background Monroe County currently contracts for Web Hosting services with Virtual Town Hall. This service costs the County $10,800 per year in maintenance fees which cover the cost of providing the bandwidth, access, content management software licenses and storage necessary to operation the primary county website www.monroecounty-fl.. The current content management software provided by Virtual Town Hall has several limitations which make it very difficult to maintain the website, update content and make changes to make the site more informative and friendly for the end user. We cannot add any additional services without paying additional costs for new modules. The current system has a problem with caching in that the entire web page cannot be viewed in its entirety without refreshing the browser. Furthermore, adding new content is an extremely cumbersome process and causes staff to spend far more time changing and managing the website than necessary. Finally, Virtual Townhall does not provide support after 5:OOpm or on weekends. Justification to Waive Purchasing Policy Technical Services has spent over a year reviewing a dozen content management solutions from various vendors to migrate our primary web site www.monroecounty-fl.gov to a new hosting provider. The software modules, features and functions required to maintain the County's website and provide content management are complex and a competitive bid proposal would be extremely difficult to properly score and evaluate. Monroe County not only requires web hosting which countless companies can provide but also requires content management services which allow multiple departments to update the sections of the website and allows Technical Services to maintain the overall site. With the advent of the BP Oil spill it became clear how limited in functionality our current content management platform has become. We were unable to rapidly respond to change the existing site due to the limitations and had to create entirely new domains to enable us to deliver the information in a timely and cost-effective manner to our residents and visitors. Technical Services selected the three best candidates which provided the functionality and features we required. We discussed the requirements with our end users. We had several end - users review and test the various software functions they required. Preparing, advertising and evaluating bids will add a significant amount of time to an already lengthy process of evaluation. The additional staff time required to complete that process would be significant and the potential savings would be small over the existing quotes. We respectfully request that you approve the waiving of the purchasing policy. Cost Analysis VrtualTownHall~ CivicPlus` Active ' Revise Networks ` Software, Seib" ,and Desi 0 $26,553.00 $32,575.00 $6,150.00 lyaintenance/Y,r""- $10,800.00 $4,656.00 $5,550.00 $1,800.00 TofalCost 1 "Yr -�; $10,800.00 $31,209.00 $38,125.00 $7,950.00 -Total Cost 5. ,, $54,000.00 $49,833.00 $60,325.00 $30,750.00 Total Savings over Current,,5 ` s•! - $4,167.00 ($6,325)** $23,250 * does not include CMS ** break-even point is reached in year six and savings would continue to grow Feature Analysis The three finalists were Active Networks, Civic Plus, and Revize all of which are well respected in the industry. All three vendors provide excellent hosting services. However, there are several differences between them. Active Network — Active Networks are priced as the highest of the three vendors at $32,575 for development, site migration and customization and $5,550 for annual maintenance charges. They provide all of the modules that we need except for the agenda component. For the Commission Agendas, Active Networks would have to provide a customized solution for the Agenda Builder.. This solution would still not meet our needs and preparation, posting and distribution of the agenda would be as time-consuming as ever. New upgrades to their software and modules are included in the costs of annual maintenance. After speaking with several Active customers it was clear that they were happy with the product in general. The major issue that they mentioned was upgrading the database platform required a separate fee from Active. CivicPlus — CivicPlus is priced in the middle at $26,553 for setup and design of the website. CivicPlus provides all of the services and modules including the Agenda modules which are extremely important. There are additional modules included that as we desire to provide additional functions such as the ability to make online payments for say permit fees, or provide tools for potential contractors to build RFP's easily, online reservations for County meeting rooms, emergency alert notifications, customize forms, etc. Annual maintenance charges include all upgrades to software, licenses for as many users as we require to use the CMS software interface and all hosting services. Revize — Revize Software is the lowest cost of the three solutions with a setup charge of $6,150 and an annual maintenance charge of $1,800. It also offers many of the same modules as Civic Plus but does not include the Agenda Builder modules. This requires a separate charge of $1,250 for the basic module and would also require significant customization (expense) to meetin our needs. The number of user license in this solution are 20 which is less than the 25 user licenses we have now. Additional licenses would require additional costs. Revize is a software as a service solution which results in much lower cost but it is not true content management software per se. The Revize solution is an open system solution. Our website no longer is a separate set of files but becomes integrated into their closed service. It would require significant effort to move off onto another platform in the future because of the closed nature of their system. After extensive testing and review on some of their customer websites, their product appears to be a cookie cutter solution with the feel that it is a cheap solution. Conclusion CivicPlus will provide Monroe County with an outstanding content management solution well into the future. The County will have a cleaner, more robust website at a lower cost to the taxpayers. Staff recommends approval. Technical Services September 15, 2010 C UNTYSo�MONROE KEY WESTLORIDA33040 (305)284-4641 Mayor Sylvia J Murphy Nelson Govt. & Cultural Ctr., Ste. 234 102050 Overseas Highway Key Largo, FL 33037 Phone 305-453-8787 Cell 305-797-0088 Email: boccdis5 a,.monroecounty-fi. Ov Office of Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, FL 32399-0850 Dear Public Service Commissioners: BOARD OF COUNTY COMMISSIONERS Mayor Sylvia I Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Km Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 via Facsimile: 1-800-511-0809 and Certified Mail RE: VENTURE OUT AT CUDJOE CAY, INC. Application to Operate Wastewater Utility The Board of County Commissioners of Monroe County, Florida, has received notice of an application of VENTURE OUT AT CUDJOE CAY, INC. to operate a wastewater utility. This matter was considered by the Board at a public meeting on September 15, 2010, and, by majority vote of the Board, it has been approved for the mayor to send this letter of objection due to the comprehensive state legislation governing the provision of wastewater treatment in the Florida Keys. Monroe County objects to the application of VENTURE OUT AT CUDJOE CAY, INC. to operate a wastewater utility that provides service to an area of Monroe County as specified in the Legal Notice attached hereto as Exhibit 1. The basis for the objection is that operation of a new wastewater utility is not consistent with existing law governing wastewater in the Florida Keys. More specifically, it is not consistent with the following: a) Chapter 2010-205, Laws of Florida, more particularly sections 38 and 39 thereof, codified at FS 403.086(10); b) Monroe County Sanitary Master Wastewater Plan, dated June 2000, as designated in section 38 of Ch. 2010-205; c) Chapter 99-395, Laws of Florida, section (4), as provided in §403.086(10)(1), as set forth in Ch. 2010- 205, Laws of Florida, section 38; d) Chapter 98-519, Laws of Florida, section 6, revising Chapter 76-441, Laws of Florida, by adding subsection (9)(p) to section 9 thereof, as subsequently amended by Chapter 2002-337, Laws of Florida. e) Section 381.0065, Florida Statutes; e) Florida Administrative Code 28-20.110; f) Monroe County Ordinance No.4-2000. The state has established that the Florida Keys Aqueduct Authority (Authority) shall have "exclusive jurisdiction over the administration, maintenance, development, and provision of wastewater system services in Monroe County, with the exception of the City of Key West, the City of Key Colony Beach, the City of Layton, and Islamorada, Village of Islands, unless such incorporated areas shall choose to grant the Authority such jurisdiction, and the Authority's wastewater system authorized hereunder shall be the exclusive provider of wastewater system services...." Ch. 76-441, Laws of Florida, as amended by Ch. 98-519, Laws of Florida. Further amendment extracted the Key Largo area for which the state created an independent special district. Ch. 2002-337, Laws of Florida. The state, through the above -referenced session laws and administrative rule, requires the County to comply with the 2000 Monroe County Sanitary Master Wastewater Plan, which identifies the area for which Venture Out is requesting authority to operate a wastewater utility as being within a central wastewater system to be operated by the Florida Keys Aqueduct Authority. Monroe County is obligated under the various laws to assist, primarily through funding, the Authority in constructing the treatment plants and installing collection systems. Furthermore, the state requires onsite treatment and disposal systems (OSTDS) to be connected to a central system within 365 days of availability, FS 381.065, and the County is aulhorized to require connection within 30 days of availability, for both OSTDS and package treatment plants, the latter of which Venture Out at Cudjoe Cay, Inc. currently has permitted by DER Ch. 99-395, Laws of Florida, section 4, and section 403.086(10)(1), F.S. More particularly, section (4) of Ch. 99-395, Laws of Florida, reads: "Notwithstanding any provision of chapter 380, part 1, to the contrary, a local government within the Florida Keys area of critical state concern may enact an ordinance that: (1) Requires connection to a central sewerage system within 30 days of notice of availability of services; and (2) Providers a definition of onsite sewage treatment and disposal systems that does not exclude package sewage treatment facilities if such facilities are in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal." Accordingly, under the existing laws of the State of Florida, the area proposed by VENTURE OUT AT CUDJOE CAY, INC. to operate a wastewater utility and provide service is required to be included in a government central wastewater system, to which the subdivision will be required by existing laws to connect. Language in § 403.086(10)(g), FS, makes it clear the state intends for existing treatment plants that are in the county -wide Wastewater Master Plan for central sewer to connect to a public utility where it provides that: "Wastewater operating permits issued pursuant to this chapter and in effect for these facilities as of June 30, 2010, are extended until December 31, 2015, or until the facility is connected to a local government central wastewater system [eiriphasis added]...." Unless and until such time as the state enacts laws to change the existing mandates, the establishment of a new wastewater utility would be contrary to state law. 1--) cc: Venture Out: at Cudjoe Cay, Inc. 701 Spanish Main Drive Cudjoe Key, FL 33042 via certified mail Monroe County Commissioners Jim Reynolds, FKAA RECEIVED AuG 21 2010 APPLICATION FOR ORIGINAL CRTNIFDI CHARGING RATUTIVE ES FOR A WASTEWATER UTILITY IN EXISTENCE LEGAL NOTICE Notice is hereby given on August 27°i, 2010, pursuant to Section367.045, Florida Statutes, of the application of VENTURE OUT AT CUDJOE CAY, INC. to operate a wastewater utility that provides service to the following described territory in MONROE County, Florida as follows: COMMENCING at the NW corner of Section 34, Township 66 South, Range 28 East as shown on page .2 of 2 of Plat Book 5, Page 107 of Public records of Monroe County, Florida; Thence South and along the west line of the said section 34 for a distance of 1200.0'feet to a point; Thence East for a distance of 25'feet to a point, said point being the SW corner of Lot 19, Block 8 of said Cudjoe Ocean Shores and the POINT OF BEGINNING; thence East for a distance 50'feet to a point; thence South for a distance 25'feet to a point; thence East for a distance of 749.34'feet to a point; thence South 00 degrees 11 minutes 28 seconds West for a distance of 400.84 feet to a point; thence South 09 degrees 05 minutes 25 seconds East for a distance of 708.90 feet to a point; thence South 04 degrees 17 minutes 21 seconds West for a distance of 401.12 feet to a point; thence South 06 degrees 05 minutes 19 seconds West for a distance of 1206.81 feet to a point; thence South 16 degrees 26 minutes 10 seconds West for a distance of 625.56 feet to a point; thence South 52 degrees 19 minutes 33 seconds West for a distance of 726.47 feet to a point; thence North for a distance of 3769.83'feet back to the POINT OF BEGINNING, containing 63.87 acres, more or less. Any objection to the said application must be made in writing and filed with the O rce o Gommission Clerk Florida Public Service Commission 2540 Shuman d Oak Boulevard Tallahassee Florida 32399-0850, within thirty (30) days from the date of this notice. At the same time, a copy of said objection should be mailed to the applicant whose address is set forth below. The objection must state the grounds for the objection with particularity. VENTURE OUT AT CUDJOE CAY, INC. 701 Spanish Main Drive Cudjoe'Key, TL. 33042