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HomeMy WebLinkAboutC. Bulk ApprovalsBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Bulls Item: Yes x No Division: Deputy County Administrator Department: Library Services Staff Contact Person/Phone #: Norma Kula / x7349 AGENDA ITEM WORDING: Approval for the Key Largo, Marathon, and Key West Branch Libraries to close at 6:00 p.m. on Wednesday, November 24, 2010. ITEM BACKGROUND: These branches are ordinarily open until 8:00 p.m. on Wednesday (the other branches close at 6:00 p.m. on that day). In light of the holiday on the following day, it is expected that little business would be transacted on this evening. Staff schedules would be adjusted to ensure a full work week for the affected staff. PREVIOUS RELEVANT BOCC ACTION: Similar permission has been granted for the past several years, most recently at the October 21, 2009, BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 1/09 SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required X AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Community Services Bulk Item: Yes X No _ Department: Extension Services Staff Contact Person/Phone #: Doug Gregory/4502 AGENDA ITEM WORDING: Approval of annual update to Exhibit A that specifies FY 2011 payroll costs for the Extension Agent positions jointly funded by the University of Florida (UF) and Monroe County as per the Memorandum of Understanding (MOU) between Monroe County and the OF effective October 1, 2006. ITEM BACKGROUND: A Memorandum of Understanding (MOU) was executed effective October 1, 2006, between the OF and Monroe County, providing cooperation and funding of the Extension Service program in Monroe County. The MOU specified that the OF annually submit an updated Exhibit A to the County no later than October 1 of each year that provides an estimate of the County's share of Extension Services payroll costs for the upcoming fiscal year. The County's portion of total payroll costs for the three Extension Agents is 37%. The funds to support Exhibit A have already been appropriated in the approved 2011 Extension Services budget. PREVIOUS RELEVANT BOCC ACTION: The existing five-year contractual agreement between the BOCC and the OF was executed in November 2006 and effective October 1, 2006. CONTRACT/AGREEMENT CHANGES: In accordance with the MOU, the revised Exhibit A does not need to be incorporated into an addendum to the agreement. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $264,329.37 BUDGETED: Yes X No COST TO COUNTY: $99.416.33 SOURCE OF FUNDS: General Revenue REVENUE PRODUCING: Yes / o X AMOUNT PER YEAR APPROVED BY: County At ''O OMB/Purchasing Risk Management m� DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY MEMORANDUM OF UNDERSTANDING Contract with: University of Florida Effective Date: October 1, 2006 Expiration Date: September 30, 2011 Contract Purpose/Description: Approval of annual update to Exhibit A that specifies FY 2011 payroll costs for the Extension Agent positions jointly funded by the University of Florida (UF) and Monroe County as per the Memorandum of Understanding (MOU) between Monroe County and the OF effective October 1, 2006. Contract Manager: Doug Gregory 4502 Extension Services / Stop #1 (Name) (Ext.) (Department / Stop #) for BOCC meeting on 10/20/10 Total Dollar Value of Contract: $ 264,329.37 Budgeted? Yes X No Grant: $ N/A County Match: $ NIA Agenda Deadline: 10/05/10 CONTRACT COSTS Current Year Portion: $ 99,416.33 Account Codes: 001-61000-530-340 ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A For: N/A (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed ' wer Date Out Yes No Division Director q ( ) { 9 kZl /d Risk Manag ment q l c6o/ (b N�A OMB/Pur�fasinIK _/ 1 ( ) ( ) County Attorney 1 1 l O (� Id d I a Comments: Exhibit '1N' - PROPOSED 2011 Payroll Budget Monroe County Giant FY 2011 Summary Payroll Projecdon 10/01/2010 - 9/30/2011 8/23/2010 AntfcipatedAi?ayroll_Due From _County for FY 2011_ Gregory,Doug 47,855.89 Gabel,Kim 32,614.17 Brad igan- Beta ncou rt,Alicia 18,946.26 Total payroll: $ 99,416.33 OK TOTAL Total Projected Due 99,416.33 1st Quarter January 15 2011 24,854.08 2nd Quarter April 15 2011 24,854.08 3rd Quarter July 15 2011 24,854.08 4th Quarter October 15 2011 24,854.08 Total• 99.416.33 * Quarterly invoices will be based on actual expenses incurred during the quarter. *The total payroll figure does not include the 3% inflated number. r_ O 0) Lf) a "t 00 V) O cl CM (q V) (D 0) 64 c. 0) o co0) C) = c; 6 L q = Ln LO6 0 Cl) Ln CO ll� C; rz ct) 0 CD 00 00 C) Oi C; vi C� qr C'S OD (3) co N 19 Ld Ld : LO N CU LL Q) 2 M -9 (D 0 CM jr Go ce) S2 0) 0) cc ac) 0: o 0 C)�'a C) 0 IL 0 '04 aa CD CD 0 ;m m . 1 40 " W CD eD co ui IR 6 4 Qi WI 0 W) CO m co i C) In (" m r-: vi r-: W co CD 04 C" CD 04 m o (0 0) LD Q co co Cq co 0) Cq — F- 0) CO Os e 0— It 4 0 0 Ln C4 Lq CV) M Cn fD LO C, C) cm N CA r Cq Ci C6 m LO o co -r- to CN CD hw CD M st 06 C) tr) CD Pl- C*4 0)LO to U) C) r-> Nr 1-- 04 1, "i ci, -�f M 2M m in N CR CR CO ICJ (09 C;) iq (6 03 9t C6 C3; CY) 3 11 .m to U) 0 2 EXTENSION SERVICE MEMORANDUM OF UNDERSTANDING THIS AGREEMENT entered into on October 1, 2006 bctwecn MONROE COUNTY , a political subdivision of the State of Florida and the UNIVERSITY OF FLORIDA, Board of Trustees. WITNESSETH WHEREAS, under the laws of the State of Florida (Title XLVIII, Chapter 1004, Section 1004.37) and the Smith -Lever Act of May S, 1914 (Chapter 38 Statute 372), the University of Florida is charged with the dissemination of infonnation on agriculture, family life, horticulture, natural resources and youth development through its Cooperative Extension Service to the public in the State of Florida; and WHEREAS, this function is performed through the Extension Service -United States Department of Agriculture and a State staff of Extension Specialists and resident Extension workers in the State; and WHEREAS, the University of Florida, Institute of Food and Agricultural Sciences, Cooperative Extension Service is responsible for planning and implementing educational programs for businesses, fanulies, homeowners, and young people within Monroe County. WHEREAS, said programs will be developed in Monroe County by County Extension Faculty employed by the University of Florida working directly with local advisory committees to assure the programs are effective and beneficial to Monroe County; and WHEREAS, the County Extension Faculty will utilize appropriate Extension personnel from the University of Florida and educational methods including the program development process, area subject matter information and other materials or methods as deemed necessary by County Extension Faculty in various program areas to conduct the aforesaid education programs. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum of Understanding (hereinafter referred to as "AGREEMENT") is to establish, articulate and enhance the collaborative relationship between the University of Florida, through the Institute of Food and Agricultural Sciences, Extension Service (hereinafter referred to as "UNIVERSITY") and the Board of County Commissioners (hereinafter referred to as "COUNTY"). The purpose of this AGREEMENT is to specify the terms under which the UNIVERSITY will provide personnel, educational, technical, and research information to the COUNTY. This AGREEMENT states the desire of the UNIVERSITY and COUNTY to work cooperatively to enhance the well being of the citizens of Monroe County, each carrying out their agreed upon responsibilities. The Extension Service's mission is to focus on contemporary issues and the needs of the people. It employs an interactive educational process involving the people in issue identification, priority setting, program delivery and impact assessment. The UNIVERSITY and COUNTY will work together at all times to mutually assist the other to benefit Monroe County residents. The Florida Extension Service was established as an integral part of the Institute of Food and Agricultural Sciences (IFAS), University of Florida, for the public purpose of "extending" research -based educational information from the University to the people of the State of Florida on subjects relating to agriculture, aquaculture, family and consumer sciences, 4-11 youth development, environmental horticulture, natural resources, Sea Grant, energy and other programs as deemed necessary. The Florida Page I of 10 Extension Service makes the findings of research in these areas available to -the people of Florida through the University of Florida, IFAS, Extension Service, in partnership with the Florida Counties Boards of County Con-imissioncrs. This collaborative arrangement between State Extension Services and County Govemmnments exist throughout the United States. However, the details of the actual agreements are unique to each county to assure that local needs are properly addressed. Each Memorandum of Understanding is a resource that explains these details for both elected and appointed officials of the State Extension Service and the respective Board of County Conunissioners. To assure that educational programs meet the needs of local clientele, and comply with Title XLVIII, Chapter 1004, Section 1004.37 of the Florida Statutes, it is essential that the UNIVERSITY and COUNTY identify respective responsibilities. ARTICLE II GOALS AND OBJECTIVES 1. Implement and evaluate public education plans that target businesses, homeowners, residents, youth, commercial industry associations, pest control applicators, agency personnel and community groups. 2. Increase knowledge of audiences so they will be empowered to solve problems and implement practices based on the best scientific information available. ARTICLE III TERMINATION OR ADJUSTMENT OF POSITION AND SERVICES This AGREEMENT may be tenninated at will by either party giving one year written notice. ARTICLE IV RESPONSIBILITIES 1. Responsibilities of UNIVERSITY. A. With respect to County Extension Faculty (County Extension Faculty with joint state -county, state or county courtesy appointments, hereinafter referred to as "Extension Faculty", UNIVERSITY shall: 1. Establish minimum employment requirements and qualifications for Extension Faculty. 2. Recruit, interview and screen candidates for employment as Extension Faculty. 3. Recommend to the COUNTY qualified applicants for appointment to vacant or new Extension Faculty positions in accordance with the provisions of Title XLVIII, Chapter 1004, Section 1004,37, Florida Statutes. 4. Jointly with the COUNTY, establish the total amount of the starting base salaries of Extension Faculty and the respective proportionate share of salaries and fringe benefits. Typically the UNIVERSITY pays 60 percent and the COUNTY pays 40 percent of the salary of each County Extension Faculty with a joint state -county appointment. 5. Pay UNIVERSITY`s proportionate share of the salaries and fringe benefits of Extension Faculty with joint or state appointments as specifically set out in Article V and Exhibit A. 6. The UNIVERSITY will determine the total dollar amount of cost of living, merit, and rank promotion salary increases and submit the figure to the COUNTY annually through Exhibit A as per Article V. B. With respect to management and administration, Extension shall: 1. Through the County Extension Director, prepare and submit an annual budget request to the Board of County Commissioners for the County's share of funds for salaries, operating expenses, equipment, and other program support for Extension work in the county. Page 2 of 10 2. Provide in-service training for Extension Faculty and to provide funds for official travel to such training and other Extension out -of -county program development meetings. 3. Provide a staff of state Extension Specialists to train Extension Faculty in current technology and to assist Extension Faculty in the conduct of educational programs in these areas. 4. Provide Extension Faculty with official Extension stationery, envelopes, educational materials, including access to the IFAS computer network and software, and postage to the extent the Extension budget will allow. 5. Develop and administer a personnel management plan for County Extension Faculty that will provide for an annual review of each County Extension Agent's performance, including the County Extension Director, whose performance will be jointly evaluated by the District Extension Director and the Monroe County Administrator or designee. 6. Provide general administrative and supervisory leadership for Extension programs and personnel, in compliance with state and federal Affirmative Action and Equal Employment Opportunity requirements. 7. Develop and maintain a "grass -roots" County Advisory Committee system to ensure that Extension programs are based on the needs and priorities of the people in Monroe County. II. Responsibilities of COUNTY. A. With respect to broad program authorization, all Extension programs within the COUNTY are subject to COUNTY authorization and approval. Substantive program changes (additions, deletions, etc.) are subject to COUNTY approval prior to implementation, and the COUNTY may eliminate or otherwise alter any program as the COUNTY deems appropriate. B. With respect to Extension Faculty, the COUNTY shall: 1. Participate in the employment of Extension Faculty in accordance with the provisions of Title XLVIII, Chapter 1004, Section 1004.37, Florida Statutes. 2. Pay the County's proportionate share of the salaries and fringe benefits of the Extension Faculty as specifically set out in Article V and Exhibit A. C. With respect to management and administration, the COUNTY shall: i . Review and consider the aruzual departmental budget requests from UNIVERSITY and take action thereon as the COUNTY may deem appropriate. 2. Provide salaries and fringe benefits for County Courtesy Extension Faculty, clerical, maintenance and other support personnel as the COUNTY may deem appropriate for effective operation of the Extension office. 3. Provide office space, support personnel, equipment, supplies, utilities, demonstration materials, and funding and/or vehicles for official county travel (both in -county and out -of county), and other operational needs for the County Extension office as the COUNTY may deem appropriate. III. General Provisions. A. Management and Administration: 1. Extension Faculty shall follow COUNTY policies relative to office hours and holidays. 2. All Extension Faculty appointments will be made cooperatively in accordance with Title XLVIII, Chapter 1004, Section 1004.37, Florida Statutes. 3. UNIVERSITY and COUNTY will cooperate in coordinating Equal Employment Opportunity plans for Extension in the county. 4. The parties' respective involvement in funding multi -county Extension Faculty appointments will be negotiated on a case -by -case basis. 5. The County Extension Director is responsible for operating this department under the joint direction of the County Administrator or designee and the University of Florida Extension Service Dean of Extension or designee. 6. Extension Faculty are professional employees exempt from the provisions of the Fair Labor Standards Act. 7, Extension Faculty with joint appointments will participate in UNIVERSITY insurance policies including life, health, accident and other policies. County Courtesy Extension Faculty, as county employees would be fully covered by the COUNTY insurance and retirement programs. Page 3 of 10 ARTICLE V FUNDING AND PAYMENTS l . COUNTY agrees to pay the UNIVERSITY sums as indicated in Exhibit A towards salary expenses. This total sum represents the COUNTY's share of funding Extension employee's salary and fringe benefits as outlined by Exhibit A. This salary expense contract is on a cost reimbursable basis. 2. Salaries outlined in Exhibit A will be modified and submitted to the COUNTY annually by the UNIVERSITY no later than October I of each year. However, whenever possible Exhibit A will be submitted to the COUNTY earlier for inclusion and approval through the COUNTY annual budgetary process. Exhibit A is an estimate of projected salary expenses for the year and shall not require a separate written addendum to this agreement in order to implement annual changes in salaries and related fringe benefits. Actual expenses may vary during the year due to vacancies, mid -year promotions, new lures or unexpected increases in fringe benefit costs. 3. Quarterly invoices submitted by the UNIVERSITY to the COUNTY should be sent directly to the Monroe County Extension Office address on record at the UNIVERSITY. The address as of the date of this AGREEMENT is: Attn: County Extension Director UFIMonroe County Extension Service 1100 Simonton Street, Suite 2-260 Key West, FL 33040 Phone: 305-292-4501 4. Quarterly payments shall be cost reimbursable and based on actual payroll expenses incurred during the quarter. Expected COUNTY payment due dates will be no later than 30 days after the receipt -of UNIVERSITY invoices. UNIVERSITY invoices will be issued according to the `Anticipated Payment Schedule' in Exhibit A. Each invoice must be accompanied by a payroll journal for the period being reimbursed for each employee along with a statement of certification attesting to the accuracy and authenticity of the payroll expenses. 5. The policies established by the UNIVERSITY in administering leave, including annual, sick, civil, holiday, and military leave, and regarding payment of unused annual and sick leave upon separation, shall apply. Payments of unused leave shall be shared based on the respective proportionate amount of the faculty member's total salary by the UNIVERSITY and COUNTY. If necessary, a "Leave Cash -Out Invoice" will be prepared in addition to normal quarterly invoices in order to reimburse the UNIVERSITY for the COUNTY proportion of leave payments. ARTICLE VI PERIOD OF CONTRACT - RENEWAL - MODIFICATION This AGREEMENT shall be effective as of October 1, 2006 and shall continue through September 30, 2011, unless terminated earlier. At the time of expiration, this AGREEMENT must then be updated as needed and re -signed by both parties. The AGREEMENT may be modified at any time by written mutual consent of both parties. Monroe County's perfonnance and obligation to pay under this multi -year AGREEMENT is contingent upon an annual appropriation by the BOCC. Page 4 of 10 ARTICLE VII MAINTENANCE OF RECORDS The UNIVERSITY will keep adequate records and supporting documentation applicable to this contractual matter. Said records and documentation will be retained by the UNIVERSITY for a minimum of five (5) years from the date of termination of this AGREEMENT. The COUNTY and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as often as the COUNTY deems necessary during the period of this AGREEMENT and during the period of five (5) years thereafter; providing, however, such activity shall be conducted only during normal business hours. The COUNTY during the period of time expressed by the preceding sentence shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the UNIVERSITY as concerns the aforesaid records and documentation. ARTICLE VIII LIABILITY The UNIVERSITY shall be solely liable for acts conducted by County Extension Faculty with joint appointments since they are employed by the UNIVERSITY. The UNIVERSITY assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of the University of Florida and the officers, employees, servants and agents thereof while acting within the scope of their employment by the University. The COUNTY assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of COUNTY and the officers, employees, servants and agents thereof while acting within the scope of their employment by the COUNTY. The UNIVERSITY, as a state agency, warrants and represents that it is self -funded for liability insurance, both public and property, with said protection being applicable to officers, employees, servants and agents while acting within the scope of their employment by the UNIVERSITY. COUNTY warrants and represents that it is self -funded for liability insurance, both public and property with such protection being applicable to officers, employees, servants and agents while acting within the scope of their employment by COUNTY. The UNIVERSITY and COUNTY further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents, agencies, and subdivisions, to be sued; or (3) a waiver of sovereign immunity of the State of Florida or its agents, agencies, and subdivisions, beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE IX CONTRACTUAL REQUIREMENTS UNIVERSITY 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 tennination of this AGREEMENT. If an auditor employed by the County or Clerk of the Court detennines that monies paid to the UNIVERSITY pursuant to this AGREEMENT were spent for purposes not authorized by this AGREEMENT, the UNIVERSITY shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the UNIVERSITY. 2. 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. Page 5 of 10 3. Binding Effect. The teens, covenants, conditions, and provisions of this AGREEMENT shall bind and inure to the benefit of the COUNTY and UNIVERSITY and their respective legal representatives, successors, and assigns. 4. Nondiscrimination. COUNTY and UNIVERSITY 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 tenninates without any further action on the part of any party, effective the date of the court order. COUNTY and UNIVERSITY agree to comply with all Federal and Florida Statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not linuted 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 ablrse 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 sett.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)• The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or State statutes which may apply to the parties to, or the subject matter of, this AGREEMENT. 5. Covenant of No Interest. COUNTY and UNIVERSITY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its perfonnance under this AGREEMENT, and that only interest of each is to perform and receive benefits as recited in this AGREEMENT. 6. 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. 7. No Solicitation/Payment. The COUNTY and UNIVERSITY 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 UNIVERSITY 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, con-nussion, percentage, gift, or consideration. 8. Public Access. The COUNTY and UNIVERSITY shall allow and pennit 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 UNIVERSITY in conjunction with this AGREEMENT; and the COUNTY shall have the right to unilaterally cancel this AGREEMENT upon violation of this provision by UNIVERSITY. Page 6of10 9. Non -Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the COUNTY and UNIVERSITY in this AGREEMENT and the acquisition of any connnercial liability insurance coverage, self-insurance coverage, or local govermnent liability insurance fool 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. 10. 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 Rinctions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 11. Legal Obligations and Responsibilities and Non -Delegation of Constitutional or Statutory Duties. This AGREEMENT is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this AGREEMENT is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 12. 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 UNIVERSITY agree that neither the COUNTY nor the UNIVERSITY 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 corrununity in general or for the purposes contemplated in this AGREEMENT. 13. 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 COUNTY in his or her individual capacity, and no member, officer, agent or employee of 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. 14, 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. 15. 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. Page 7 of 10 ARTICLE X NOTICES Any notice, request, demand, consent approval or other communication required or permitted by this AGREEMENT shall be given or made in writing and shall be served (as elected by the party giving such notice) by one of the following methods: (i) hand delivery to the other party; (ii) delivery by commercial overnight courier service; or (iii) mailed by registered or certified mail (postage prepaid), return receipt requested. For the purposes of notice the addresses are: To County: MONROE COUNTY BOCC County Administrator 1100 Simonton Street Key West, FL 33040 and copied to MONROE COUNTY ATTORNEY PO Box 1026 Key West, FL 33041-1026 and copied to MONROE COUNTY CLERK OF THE COURT 500 Whitehead Street Key West, FL 33040 To University: UNIVERSITY OF FLORIDA Division of Sponsored Research 216 Grinter Hall, PO Box 115500 Gainesville, FL 32611-5500 and copied to UNIVERSITY OF FLORIDA IFAS Sponsored Programs G022 McCarty Hall-D, PO Box 110110 Gainesville, FL 32611-0110 and copied to UNIVERSITY OF FLORIDA IFAS District Extension Office 1062 McCarty Hall D, PO Box 110220 Gainesville, FL 32611-0220 This AGREEMENT shall be effective on October 1 2006 APPROVED BY: FOR COUNTY: MAYOR, MONROE 05U3" Y BOARD OF COUNTY CQ&MISSIONERS APPROVED AS TO FORM AND LEGALITY: OUNTY ATTORNEY ATTE- MONROE COUNTY CLERK OF THE COURT FOR TIME UNIVERSITY: UNIVERSITY O ORIDA DIVISION OF VONSORED PROGRAMS Brandi K Boniface Assistant Director of Reszarch Page 8 of 10 NOV 1 5 2000 DATE DATE NOV 1 5 2005 Ce -� DATE DATE EXHIBIT A (Page 1 of 2) Monroe County Grant FY 2007 Summary Salary Projection 10/01/2006 - 9/30/2007 Anticipated Payroll Due From County for FY 2007: Gregory, Doug 46,692.76 Gabel, Kim 28,390.75 Coldicott, Kim 27,940.55 Brad igan-Betancourt, Alicia 19,043.30 Total payroll costs: 122,067.36 Anticipated Payment Schedule*: Period Invoice Date** Amount 1st Quarter January 7, 2006 30,516.84 2"d Quarter April 7, 2007 30,516.84 3rd Quarter July 7, 2007 30,516.84 4th Quarter October 7, 2007 30,516.84 Total Due From County: 122,067.36 * Quarterly invoices will be based on actual expenses incurred during the quarter. ** Invoices inust be mailed out by University using commercial overnight courier (i.e. FedEx / UPS) by no later than the dates indicated above. Page 9of10 EXHIBIT A (Pafre'2 of 2) MY I otal Um Percentage 60.000%, 40.000% 100.00% 1010112006-9130/2007 5afary 53,986.01 35,990.67z 89,976.68 4,129.93 2,753.29 6,683.22 ;ORP RefiremenL/10.43% 5,630.74 3,753.83 9,384.57 .Health Insurance/Farnily]$8591.04 (1012006-0212007) 2t147-76: 1,431.84 3,579.60 Health Ins'urancetFamily/S9451.20 (03/2007-10/2007) 3,307.92 2,205.28 5,513.20 Aire/.45% 242.94 464.40 Workers Comp-.98%/Unem Comp-.12% 593.85 395.90 989.74 Grand Totals 70.636.14 46,692.76 116,731.90 ,Rregory,Doug. 46,692, 6 1010112006-913012007 :Gabel,Klm i �rcentage 60.000%1. al2ry 33,403.52 1 FICA Medicare/7.65% I ORP RetiremenUI0.43% Health Insurance/Single/$4,153.92 Health €nsuranceJSingle/$4,534.32 (0312007-1012007) E 7ifW T5 - Worker's Camp-.913%/Unem Comp-.129/6 1,587.0 1 1 1 50. 3 367.441 65.000% 40,997.50 FICA Medicare/7.65% 3,136.31 , _1&RP Ret'ir'em'enL/1'0.'43`/`_­ 276d41 ......... bb&b2j� 1,125.021 ;Health InsuranGe/Singlet$4,534.32 (0312007-10/2007) y 1,719.26 !Life Insurancel.45% 184.49 Workers comp-.98%/Unem Comp-.12% 4509771 'Grand Totals 889.59 • _0 C -Ot t M_ 40,000°/: 100.00%i 22,269,01 55,672.53- 1.703.5 8 2,3 22.6 6 5,806.64 1,730.80 2,645.02: 100.21 250.531 244,96, 612.40 390.75 35.000%. 22,075.58 ;r 100.()0%: 63,073.06 2,_302.48 i 6,578.52: 605.78 1,730.80 2,645.02 242.83 27,940.55 1 79,830.15 .940..5-5. s- Be Percentage Brad 70.000%1 30.000W 100.00%, . 010112006-913012007 S212ry 33,85 14,507.55 48,358.50 ;FICA Medicare/7.65% 2,589.6D 1 1,109 83! 3,699.43 ,ORP Retirement/10.43% 3,530.65. 1,513.14 5,043.79 :Health Insurance/Spousef$5375.52 (10/2006-0212007) I 1,567.86 2,239.80 'Health Insurance/Spouset$5805.60 03/2007-1012007) 2,37U2 1,015.98 3,3 86.60, , -, :Life Insurancel.450/. 152.331 28 ii 7.6i Worker's Comp '9­8'%'/UnemComp-.12% it 372.36 531.94 Grand Totals 19,043.30 63,477.67 7i IT=br 66­7 .Bradigan -Beta ncourtAlij. itQaM 19,043.30 Page 10 of 10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/20/10 Division: County Administration Bulk Item: Yes X No _ Department: Project Management Staff Contact Person/Phone # J. Barnett: 292-4416 AGENDA ITEM WORDING: Approval to reject the low bid and negotiate a contract with Pedro Falcon, the second lowest bidder for the renovation of the Marathon County Courthouse. Pedro Falcon's bid was $835,775.00, the low bid was $723,800.00. ITEM BACKGROUND: Proposals for the construction/remodeling of the Marathon Courthouse were opened on August 31, 2010. The RFP and Purchasing policy allows the BOCC to reject any bid proposal or reply. Concerns arose after investigation of the proposal and checking of references. The lowest bidder has been involved in 4 litigations in the last 5 years. One ongoing suit, with the Owner of a project, has accusations of failure to complete the project, numerous change orders, accusations of delays and several cost increases. Other suits are with sub -contractors suing the lowest bidder for non- payment. The County has worked satisfactorily in the past with the second lowest bidder and has no such concerns. PREVIOUS RELEVANT BOCC ACTION: On April 16, 2008, the BOCC awarded a contract for the design of improvements at the Marathon Courthouse to MBLX2M. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approve the bid and negotiate a contract with Pedro Falcone and reject bid by all others. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: YES COST TO COUNTY: N/A SOURCE OF FUNDS: 304 REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # 6.3 AWARD OF CONTRACT 6.3.1 The Owner reserves the right to reject any and all bids, or any part of a bid. The Owner reserves the right to waive variations from the specifications that do not render the bid non -conforming. The Owner retains the right to disregard non - conformities, non responsive bids or conditional bids in the best interest of the County. 6.3.2 In evaluating Bids, the Owner shall consider the qualifications of the bidders and whether or not the Bids comply with the prescribed requirements in the Bidding Documents. 8.3.3 The Owner shall have the right to accept alternates in any order or combination and to determine the low bidder on the basis of the sum of the Base Bid plus Altemates selected by the Owner. The Owner reserves the right to reject any or all Alternates in the selection process as is deemed necessary to keep the project within budget. 8.3.4 The Owner may consider the qualifications and experience of suboontractors and/or other entities (including those who are to furnish materials, or equipment fabricated to a special design) proposed for each of the principal portions of the Work as identified in the Bidding Documents. Bidders shall submit their listing of subcontractors. A Proposed Subcontractor Usting Form supplied by the Owner is to be completed for this purpose. 8.3.5 The Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, quaftations, and financial ability of the Bidders, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 8.3.8 The Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to its satisfaction. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20 2010 Division: Administration Bulk Item: Yes _ No _ Department: Project Management Staff Contact Person/Phone #: kM Barnett X4416 AGENDA ITEM WORDING: Rescind the approval on September 15, 2010, and re -approve the 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. The agenda item for the September 15, 2010 meeting inadvertently omitted the actual Contract document and the Administrative Agreement as backup. 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 1 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 from October 1, 2010 and ending September 30, 2011. 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 �Cr APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FKCA Contract # Effective Date: 10/01/10 Expiration Date: 09/30/11 Contract Purpose/Description: Second Renewal of the Administrative Agreement with the Florida Keys Council of the Arts. Contract Manager: Ann Riger X4439 Facilities DeveUStop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/15/10 Agenda Deadline: 08/31/10 CONTRACT COSTS Total Dollar Value of Contract: $ N/A Current Year Portion: $ N/A Budgeted? Yes® No ❑ Account Codes: Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included m dollar value above) (e . maintenance, CONTRACT REVIEW Changes t6en NeededDivision Director Yes❑ NoRisk Managem t� Yesn No['/ O M.B./Purlsing io YesFj No[ County Attorney d al\\"J Yes❑ Nole/� I Comments: OMB Form Revised 2/27/01 MCP #2 etc. V Date Out SECOND RENEWAL TO MONROE COUNTY ART IN PUBLIC PLACES ADMINISTRATIVE AGREEMENT THIS SECOND RENEWAL (herein after "RENEWAL') to the ADMINISTRATIVE AGREEMENT for the Monroe County Art in Public Places, entered into between MONROE COUNTY ("County'), and Florida Keys Council of the Arts ("FKCA" or "Contractor"), is made and entered into this 15t' day of September 2010, in order to renew the AGREEMENT, as follows: WITNESSETH WHEREAS, on October 15`h, 2008 the parties entered into an Administrative Agreement where 10% of the 1 % allocation for art funding for the acquisition, commission, installation, and maintenance of works of art in newly constructed or renovated buildings, will be utilized for reimbursements of administrative expenses incurred by the Florida Keys Council of the Arts (FKCA); and WHEREAS, on August 19, 2009 the parties entered into a First Renewal to the Administrative Agreement exercising the first of three one-year terms beginning October 1, 2009 and ending September 30, 2010; and WHEREAS, the FKCA requests to renew the Administrative Agreement for the second of three one-year terms; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance to Article 1 of the original Agreement dated October 15, 2008, the Agreement Period shall be renewed for the second of three one-year terms commencing on October 1, 2010 and ending September 30, 2011. 2. The remaining terms of the Administrative Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Renewal on the date stated above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness: By: Print Name: (Y \'1ACrc0i 0 Title: IUi5� 4� ALS\ Date: ASSEL AS' t Tr-�y 1 < BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Un Mayor/Chairman FLORADA KEYS COUNCIL OF THE ARTS By _ Print Name: t� aft S, Y(Y,)W,- Title. t2g,J C,— Date: We Support • We Connect • We Promote • We Give www.keysarts.com August 16, 2010 To: Monroe County Board of County Commissioners From: Florida Keys Council of the Arts Elizabeth S. Young, Executive Director Re: Monroe County Art in Public Places Administrative Agreement This is to request that the Monroe County Art in Public Places Administrative Agreement first dated October 15, 2008 between the Board of County Commissioners for Monroe County and Florida Keys Council of the Arts be renewed for another year beginning October 1, 2010 and ending September 30, 2011. Historic Gato Building • 1100 Simonton Street, Suite 2-263 • Key West, Florida 33040 305-295-4369 • Fax 305-295-4372 • info@keysarts.com FIRST RENEWAL TO MONROE COUNTY ART IN PUBLIC PLACES ADMINISTRATIVE AGREEMENT THIS FIRST RENEWAL (herein after "RENEWAL") to the ADMINISTRATIVE AGREEMENT for the Monroe County Art in Public Places, entered into between MONROE COUNTY ("County"), and Florida Keys Council of the Arts ("FKCA" or "Contractor"), is made and entered into this 19"' day of August 2009, in order to renew the AGREEMENT, as follows: WITNESSETH WHEREAS, on October 15°i, 2008 the parties entered into an Administrative Agreement where 10% of the 1% allocation for art funding for the acquisition, commission, installation, and maintenance of works of art in newly constructed or renovated buildings, will be utilized for reimbursements of administrative expenses incurred by the Florida Keys Council of the Arts (FKCA); and WHEREAS, the FKCA requests to renew the Administrative Agreement for the first of three one-year terms; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: l . In accordance to Article l of the original Agreement dated October 15, 2008, the Agreement Period shall be renewed for the first of three one-year terms commencing on October 1, 2009 and ending September 30, 2010. 2. The remaining terms of the Administrative Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Renewal on the date stated above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK I*puty Clerk Witness• By: Print Name: 4,✓n/�"�_ Title: �_Oa f/..a Date: f. ..�: F is �� BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. � 5 Mayor/Chairman FLORWA KEYS CO�JNCIL OF THE ARTS BY/61 Print Name: . c 1 uUX r Title: �ZUTf �) G-��'. v r= Date:CD a rn rtt 1:� N C o kib FLORIDAKEY5 YM§ COUNCIL OF THE June 26, 2009 We Support • We Connect * We Promote • We Give To: Monroe County Board of County Commissioners From: Florida Keys Council of the Arts Elizabeth S. Young, Executive Director Re: Monroe County Art in Public Places Administrative Agreement www.keysarts.com This is to request that the Monroe County Art in Public Places Administrative Agreement first dated October 15, 2008 between the Board of County Commissioners for Monroe County and Florida Keys Council of the Arts be renewed for another year beginning October 1, 2009 and ending September 30, 2009. Historic Gato Building • 1100 Simonton Street, Suite 2-263 9 Key West, Florida 33040 305-295-4369 9 Fax 305-295-4372 • info@keysarts.com Monroe County Art in Public Places Administrative Agreement 00 This AGREEMENT dated the !JL day of October. 2008, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, ("County"), and Florida Keys Council of the Arts ("FKCA" or "Contractor"). WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC §2- 322(A), provides for an appropriation of 1 % of the construction costs for new construction exceeding $500,000 and renovations exceeding $100,000, for the acquisition, commission, installation, and maintenance of works of art in said buildings; and WHEREAS, the ordinance establishes an Arts in Public Places (AIPP) Committee to advise the County Commission regarding art to be acquired and installed in each public construction project subject to the AIPP allocation; and WHEREAS, the AIPP Committee has elected to utilize 10% of the art funding for each project for certain reimbursements of administrative expenses incurred by the Florida Keys Council of the Arts (FKCA); and NOW, THEREFORE, in consideration of the mutual covenants and payment contained herein, the parties have entered in to this agreement on the terms and conditions as set forth below: 1. AGREEMENT PERIOD: This agreement is for the period of one year beginning October 1. 2008 and ending ,Sg2tember 30, 2009. (with reimbursable expenses retroactive to August 1, 2008). There are options to renew this Agreement for three one-year terms. 2. PERSONNEL: The Florida Keys Council of the Arts personnel listed below are qualified personnel to perform services concerning the project. At the time of execution of this contract, the AIPP anticipates the following named individuals will perform those functions as indicated: NAME FUNCTION $A.'L Who u1 Elizabeth Young Administration S20.00 Andrea Comstock Administration S20.00 Rem Stanhouse Administration S 15.00 The services performed by the above personnel shall be reimbursed at their hourly rate. A schedule of services must be approved by the Director of Facilities Development. 3. REIMBURSABLE ADMINISTRATIVE EXPENSES: The County shall reimburse up to 10% of the funds allocated for Art in Public Places funding for each project to the Florida Keys Council of the Arts for expenditures directly related to each project. Expenses shall be reimbursed only after properly invoiced by the FKCA with supporting receipts and documents. • Reimbursable expenses shall include: a. The Florida Keys Council of the Arts may be reimbursed for personnel as listed above for their time spent associated with a project, at their hourly rate, including but not limited to issuance of RFQ's and RFP's, collating and distributing responses, providing administrative support during evaluation meetings, and preparation and processing of contracts. b. Expense of transportation and living expenses, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes. C. Postage and handling of documents associated with the project. d. Costs for printing, binding, copying costs, associated with the project. 4. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. S. SEPARATE ENTITY: At all times and for all purposes hereunder, the Florida Keys Council of the Arts is a separate entity and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed as to find the FKCA or any of its employees, contractors, servants or agents to be 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. 6. HOLD HARMLESSANDEMNIFICATION: The Florida Keys Council of the Arts hereby agrees to indemnify and hold harmless the BOCC, and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this agreement. The Florida Keys Council of the Arts shall immediately give notice to the County of any suit, claim or action made against the County that is related to the activity under this agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. 7. CONSENT TO JURISDICTION: This agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. 8. ETHICS CLAUSE: The Florida Keys Council of the Arts warrants that it 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 the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion terminate this agreement without liability and may also, at 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 or present County officer or employee. 9. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted 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 an 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 an 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. Artist represents that Artist is not on the Convicted Vendor list. 10. NOTICE: Any written notice to be given to either party under this agreement or related hereto shall be addressed and delivered as follows: Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 11. The parties further agree as follows: Monroe County Facilities Development 1100 Simonton Street Room 2-216 Key West, FL 33040 Monroe County Attorney 1111 12'h Street, Suite 408 Key West, FL 33040 a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Interpretation, Costs, and Fees: 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. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initialed and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. c) 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 Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Binding Effect. The terns, 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. e) Authority. Each party represents and wan -ants 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. f) 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. g) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any part shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h) 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. i) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3) as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. j) Covenant of No Interest. County and Contractor covenant that neither presently has an interest and shall not acquire an - P Y Y � q y 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. k) 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. 1) 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 that 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 Contactor 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. m) 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 the provision by Contractor. n) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. o) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. p) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by and 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. q) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. s) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument any of the parties hereto may execute this Agreement by signing any such counterpart. u) 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. TTNESS WHEREOF, the parties have caused these presents to be executed in the>rr`_ 've names. L7 t (s BOARD OF COUNTY COMMISSIONERS Att t3`ANNY h. KOLHAGE, Clerk OF 5�:Ma COUNTY, ORIDA Deputy Clerk yod hairman AIPP wir^--.- By: Prin Title Date: Print Title: Date: MONROE COUNTY ATTORNE A ROVED AS TO FOR NATILEENE W CASSEL ASSISTANT COUNTY rroR YEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/20/10 Division: Administration Bulk Item: Yes X_ No — Department: Project Management Staff Contact Person/Phone #: J. Barnett 292-4416 AGENDA ITEM WORDING: Approval to reject all bids for both of the Historic East and West Martello Towers Brick and Mortar Restoration projects (two bids for the East Martello Towers and three bids for the West Martello Towers) and to re -bid both projects. ITEM BACKGROUND: On August 24h and 2512010, bids were opened for the East Martello Brick & Mortar Restoration project and the West Martello Brick & Mortar Restoration project. All bids were non -conforming and/or over budget. PREVIOUS RELEVANT BOCC ACTION: On May 19, 2010, the BOCC approved a contract for Professional Services with Bender & Associates Architects, P.A. for the repair and stabilization of Brick and Mortar at the East and West Martello Towers. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $900.00 Advertising INDIRECT COST: BUDGETED: Yes X No _ DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $900.00 SOURCE OF FUNDS: 304 REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year �U APPROVED BY: County Atty_�OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 d c 0 y -v u a d .-� Z c ri�i 0 M Z m a 0 G '-� ° � O J }pp 0 A IL W ~ M d aW d p p G N d a~c � � p� GWi0 U) O N ,-4 v 72 us0 Z + v 14MM N � g zr) V oZ mco m d Own > Z de R 0 — o Wui g a , J- 9 a 6 L O Z i uj y N m W L U) UJ ' d > rn 0 z >- 0 79 u a .. us Z z 2 i �I p Z N Q 2 i; H o d h W w U) u v h U a da +-v b m $ C u CL -v E N 2 c YL c Z OV aC w V t O m H V) m d ui Z O O O u u J �t O N � Z 0Q 4- 'a It fPr 4A- d 4L4)- _ _O ° LL u 0 } 0� . O '7a M �► H d N W o t� ui OC -o z•' - W Q O � O1 N rn a y ui ui z J d� eat usO Vl N Z O .-4 N .-i = a °° u V, Z q H 4+ iPr 4A- fn z M M N Y z�~ g oZ = a 2 m Ll? Ln Ln Ol CUM v M_ O d ~ uiW H 0 in ui~ A a• t o u — 0 Z L u W L w m 0. (AE- > O ui 3 z 'n N .. uiw z O > a V) z o a o� �a a Q p[ �► N y M u (n LU V ui w ui } u u C� M 0 O a L L a v Z V O =_ O evi a a HLL �4- z (n DC F a O v� d 4- O an Se H Vi m BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: County Administration Bulk Item: Yes X No — Department:, Project Management Staff Contact Person/Phone #: JeM 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 September 1, 2010 and ending September 30, 2010, and no change order requests denied by Project Management or Engineering Services. PREVIOUS RELEVANT BOCC ACTION: On September 9, 1998, Ordinance No. 026-1998 was adopted in order to provide that the County Administrator may approve separate, non -cumulative change orders for construction projects and professional service contracts in amounts not to exceed $25,000.00 or 5% of the original contract price, whichever is greater. The BOCC requested a monthly report of all change orders considered by the County Administrator. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A Indirect Costs BUDGETED: Yes N/A No _ DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year 0) APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 W 2 W �� fi vi = 8� G '� O at w 0 W � N M N a MONROE COUNTY ENGIl43MIG CONTRACT OUNGE ORDER PrA CT WME: Q*oK Cm* RtWip tdp W Dm pn SWM treo�aot CHANGE t+M Z Dif LANI ff DATE: SHOW To cournm i m COWRACT Q/tM 19NO to Tle co i d N drwtpsd ss Bodorrac The Cenbot m o0 n.caa.po.a,►o�wtaagr+�eio�is%+uio:aa.�s...:...:.".��..:::.:. ..� CAD The CoM ad Ste pit b ttie Ctwnpo ThocwiNtot3u VA!!�6�IMt OirNt _...................._ T1Y .16 TM trewCb►i�ol8uer Ctrenprr Ili...........»............»-.--Ji'f�A�� Tire ckm6 IuW sA 6s by—.--- 140 000 ltle drt� d 9rrtlelwMri Cia den sa d tte ddw d(We CAsepe 0rdw to »».» IRT111 DdmlMd f'm b eon o(Chmrw Cedar end )me9Aedoac AD s rsnstaf the poor PH On d the btdas do* ooaa 11 and N* kf l'rw Sled the oaMrsolor b urw" b waft epis per 9w o 10rd Corisd Pba' The d>. u and w kwkdn addMw d deck wpdr sl lw ccrirsd w* pdos. The wmdmW ant mdn ammo d kdk beau blow Aare ban speed upon as /d oorspsrra�orr a& at 606 b Aatfwr ddms fordroSs time wstred. Tire & 0orriw Gera we kidded b leis Chwwe4dar: ttftE<M:Wm rvddsddImOln dmpih do* rq *at � ` OO 16ek1Dawwo eft- • 14.002M CredktorlwLFdtfpmwI,.e .st42LoKFw ON* for 1 %Mww (loos d %lsotc Ituier w �� i0dapdsIN tirobmaAiliewoo[sIM "dAamddit Chwwa Oodw 0 $gte.$" MMlfi 4(o s4pi4 PE teal. Deb BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/20/10 Division: Administrator Bulk Item: Yes X No _ Department: Wastewater Staff Contact Person/Phone #: Elizabeth Wood/292-4525 AGENDA ITEM WORDING: Approval of a resolution authorizing the Mayor and/or County Administrator to execute the Small Cities Community Development Block Grant (CDBG) application, award agreement, program documents, and close-out documentation. ITEM BACKGROUND: The CDBG Program requires the local government to execute a resolution authorizing the above -mentioned tasks related to Small Cities CDBG grant award and administration. Monroe County has received notification that the Federal Fiscal Year (FFY) 2009 Application is not currently ranked within the fundable range based on available budget authority. An application for the FFY 10 is being prepared and requires this authorizing resolution. PREVIOUS RELEVANT BOCC ACTION: On May 19, 2010, Monroe County held a public hearing to receive input from the public related to the needs of the community. Motions were made by the Board of County Commissioners (BOCC) directing staff to prepare a grant application to fund sewer hook ups under the Housing Category. On June 16, 2010, the BOCC adopted resolution 181-2010 authorizing delivery of the 2009 application. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $5,000 INDIRECT COST: BUDGETED: Yes X No — DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: $5,000 SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year _ APPROVED BY: County Atty — DOCUMENTATION: Included DISPOSITION: Revised 7/09 OMB/Purchasing X Not Required. Risk Management AGENDA ITEM # RESOLUTION NO. , 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING THE MAYOR AND/OR COUNTY ADMINISTRATOR TO EXECUTE THE APPLICATION, AWARD AGREEMENT, PROGRAM DOCUMENTS, REPORTS, AND CLOSE OUT DOCUMENTATION WHEREAS, the Florida Small Cities Community ity Development Block Grant (CDBG) program is a competitive grant program administered by the Florida Department of Community Affairs (DCA) that address critical housing and fi*astruc Lure needs of the elderly, disadvantaged, and low to moderate income populations; and WHEREAS, Monroe County is eligible to apply to DCA for fimding from the Small Cities Community Developer Block Grant program; and WHEREAS, Monroe County has identified a need for physical housing improvements to benefit low -to. - moderate income persons; and WHEREAS, the Board of County Commissioners of Monroe County conducted a first Public Hearing on May 19, 2010, to obtain citizen input as to the type of grant application that it should submit to the DCA under the FFY 2009 Small Cities CDBG Program; and WHEREAS,the Board of County Commissioners of Monroe County conducted a seed Public Hearing on June 16, 2010, to allow citizens to review and comment on a proposed 2009 Small Cities CDBG Housing Rehabilitation grant application; and WHEREAS, as a result of the second public hearing, the Commission agreed to submit a 2009 Small Cities CDBG Application; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that the County hereby: 1. Authorizes the submission of FFY2010 Small Cities Comity Development Block Grant application to the Florida Department of Community Affairs; 2. Authorizes the Mayor and/or County Administrator to execute the application, award agreernerit, program documents and reports including closeout documeamtion; and Adopts the County's Comprehensive Plan as the County's Community Development Plan; This Resolution shall go into effect immediately upon its passage and adoption by the signatures of the Commission and the Clerk of the Commission. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk 0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Un Sylvia Murphy, Mayor i Approved as to legal sufficiency: Wate- z4z�� 6uniy- AM6rney BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Engineering and Project Management Bulk Item: Yes x No _ Department Engineering Services Staff Contact Person/Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Approval of Amendment 1 to the contract with MACTEC Engineering and Consulting, Inc. for Construction Engineering and Inspection (CEI) services on the Geiger Creek Bridge Repair Design Build Project to extend contract term to February 16, 2011 and increase not to exceed limit by $39,000 to $123,974. ITEM BACKGROUND: MACTEC provides engineering and inspection services for the Geiger Creek Bridge project as required by Florida Department of Transportation (FDOT). The term of the construction contract was extended by change order and inspection services will be required during the extension. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the contract with MACTEC at the January 2010 BOCC meeting. CONTRACT/AGREEMENT CHANGES: Correct effective date of contract; extend contract term and clarify expiration date; add new project manager to staff listing; increase not to exceed upper limit by $39,000 to $123,974. STAFF RECOMMENDATIONS: Approval as requested above. TOTAL COST $39,000 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $39,000 SOURCE OF FUNDS: Road and Bridge Fund _ REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year �h APPROVED BY: County Atty�'' B/ urchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MACTEC Contract # Effective Date: 1/20/2010 Expiration Date: 2/16/2011 Contract Purpose/Description: Construction Engineering and Ins ection Services for Geiger Creek Bridge Repair DesigLi Build Project. Amendment 1 increases the not to exceed limit b $39 000 to $123 974 to allow for inspection services through 2/16/2011. Stimulus funds paid fora portion of the original contract. Contract Manager: Judy Clarke 4329 En 'neering/#1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Oct. 20, 2010 Agenda Deadline: Oct. 5, 2010 Total Dollar Value of Contract Budgeted? Yes® No ❑ Grant: $ 76,850 County Match: $ 47,124 CONTRACT COSTS $ 123,974 Current Year Portion: $ 64,500 Account Codes: 125 -537 5(i�rj - GmC�;oi-53t,3y� Estimated Ongoing Costs: $0/yr (Not included in dollar value above) ADDITIONAL COSTS For: ities, janitorial, salaries, etc. CONTRACT REVIEW Date In Ian Changes Date Out Needed Revi�war Division Director �'�`� Yes❑ No Risk Manage ent O.M.B./Purc a�s1 g C� io �f'io Yes❑ No❑' -(�t Yes❑ N County Attorney� Yes❑ No[:] Comments: ,. n lllvlo F V11I1 LCGVISCU L/G //V i 1V11: Y fFG AMENDMENT I TO THE AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE GEIGER CREEK BRIDGE REHABILITATION PROJECT THIS CONTRACT AMENDMENT IS ENTERED INTO BETWEEN Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the "County", and MACTEC Engineering and Consulting, Inc., whose address is 5845 NW 158 h Street, Miami Lakes, Florida 33014, hereafter the "CEI" Paragraph 1.2 is deleted in its entirety and replaced with the following: The term of the agreement shall be for 30 days prior to the start of the Geiger Creek Bridge Repair Design Build Project contract until 30 days after completion of the Design Build Project contract, estimated to be February 16, 2011, unless otherwise terminated as provided herein. Paragraph 6.1 Personnel is amended to include Mr. David Romano, P.E. as Senior Project Manager in lieu of Mike Hammond. Attachment C is amended to increase MACTEC's not to exceed contract amount for all services as listed in the scope of services to $123,974. Force and Effect. In all other respects the Contract dated January 20, 2010 remains in full force and effect. In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OFIVONROE COUNTY, FLORIDA 0 Deputy Clerk (SEAL) Attest: By: BY: Mayor/Chairman MACTEC Engineering and Consulting, Inc. Bv: Title MONROE COUNTYATTC vr— APPROVED AS-3 TO FORM- CHRISTINE M;. LIME�ERTI BARROVvS ASSIST NT P,0011,4-VATTORNEY Date Standard Form of Agreement Between Owner and Construction Engineering Inspection Consultant Where the basis ofpayment is a STIPULATED SUM This Agreement ("Agreement") made and entered into this 20th day of January, 2010 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND MACTEC Engineering and Consulting, Inc., its successors and assigns, hereinafter referred to as "CONSULTANT', WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Construction Engineering Inspection Services; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Construction Engineering Inspection Services in accordance with Florida Department of Transportation's Local Agency Program for the Geiger Creek Bridge Repair Design Build Project, which services shall collectively be referred to as the "Project'; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS, WARRANTIES, AND TERM OF AGREEMENT By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.3 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by design build contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANT will perform the Services using a degree of skill and care ordinarily exercised under similar conditions by reputable members of other professionals practicing in the same or similar locality at the time of performance. 1.1.7 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.8 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.9 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.2 The effective date of this agreement shall be January 20, 2009. The term of the agreement shall be for 30 days prior to start of the Geiger Creek Bridge Repair Design Build Project contract begins to 30 days after completion of the Design Build Project contract, estimated to be 180 calendar days total, unless otherwise terminated as provided herein. ARTICLE 11 SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Judith S Clarke, P.E. Director Monroe County Engineering Services 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Dana Pollitt MACTEC Engineering and Consulting, Inc. 3100 Overseas Highway Marathon, Florida 33050 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONSULTANTs for other than the previously listed consulting scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Work. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANTS services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including reasonable attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, to the extent occasioned by the negligence, or intentionally wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Mike Hammond Eddie Abonce FUNCTION Senior Project Engineer Project Engineer/Administrator Robert Russell Senior Inspector Melissa Lopez Resident Compliance Specialist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. if they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment C. 7.1.2 Rates shown in Attachment C are inclusive of reimbursable expenses, except for airfare, which will be billed to the County at the Consultant's Cost 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANTS duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANTS invoice shall describe with reasonable particularity the service rendered. The CONSULTANTS invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expense of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; C. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statute. B. Employers Liability insurance with limits of $500,000 per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. It is agreed that the CONSULTANT is not responsible for safety or security at the Site, other than for the CONSULTANT'S employees, and the CONSULTANT does not have the right or duty to stop the work of others. G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. H. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. 1. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. J. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. The County may cancel this Agreement without cause by giving the CONSULTANT sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. 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 Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT 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. 9.9 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 CONSULTANT agree that venue shall lie in the 16"' Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.10 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 CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT 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 the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 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. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT 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. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT 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 provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 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 CONSULTANT 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 CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT 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. CONSULTANT 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 patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT 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. 9.19 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. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT 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 CONSULTANT 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. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT 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 CONSULTANT. 9.22 NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT 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. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT 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. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 9.29.1 Davis -Bacon Act - In accordance with the Davis -Bacon Act, the CONSULTANT or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.qDo.00v/davisbacon/fl.htmI under Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 9.29.5 FHWA Form 1273 is attached hereto as Attachment B and made a part of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: act_ c . ",yIA-3-) Deputy Clerk Date: kd o A (Seal) Attest: BY: Dana Poiiitt BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:-4�t— ¢ Mayor/Chairman CONSULTANT By: Ricardo Fraxedas Title:_ Chief SneineP* ) OF AGREEMENT MONROE COUNTY ATTORNEY 4,PPROV D AS TO FORM: CHRISTINE M. 1 I-IMBERT-BARROWS ASSlSTgNTOUNTY ATTORNEY Date ATTACHMENT A Scope of Services 1.0 This is a Local Agency Program (LAP) project for which the Consultant shall be responsible for performing in accordance with all applicable Florida Department of Transportation (FDOT) manuals, procedures, specifications and guidance. Construction Engineering and Inspection Services are required for the following project: Geiger Creek Bridge Repair Design Build Project Repairs shall include, but not be limited to, replacement of bridge guardrails, cleaning and resealing of deck joints, and repairs to deficiencies in the bridge deck and sidewalks, deck underside, reinforced concrete beams, diaphragms, concrete columns, pile jackets, caps and abutments. This project is funded through the America Recovery and Reinvestment Act of 2009 (ARRA) and will be administered under the Florida Department of Transportation's Local Agency Program (LAP). Interested firms must be familiar with and must comply with all applicable federal, state and local requirements of these programs. The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida Department of Transportation's, Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with Department manuals, procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by the County. On a single Construction Contract, it is firm to receive compensation from both directly or indirectly. 2.0 LENGTH OF SERVICE: a conflict of interest for a professional the County and the Contractor either The Consultant services for the Construction Contract shall begin upon written notification to proceed by County. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall he ready to assign personnel within two weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty calendar days to demobilize after final acceptance of the Construction Contract. The anticipated letting schedule and construction time for the project is tabulated below: Construction Contract Estimate Financial Letting Date Start Date Duration Project ID (Mo/Day/Yr) (Mo/Day/Yr) (Days) 426355-1-58-01 01/20/10 2/17/10 120 3.0 DEFINITIONS• A. Resident Engineer: The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. B. Construction Project Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. C. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. F. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. G. Consultant Project Administrator: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services one or more Construction Projects. H. Contractor: The individual, firm, or company contracting with the County for performance of work or furnishing of materials. I. Construction Contract: The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. J. CPAM: Florida Department of Transportation, Construction Project Administration manual; latest. K. Department: Florida Department of Transportation L. F.D.O.T.: Florida Department of Transportation. M. County: Monroe County Board of County Commissioners. 4.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: A. The County, on as needed basis, will furnish the following Design Build Contract documents for this project. These documents may be provided in either paper or electronic format. I Special Provisions 2 Copy of the Executed Design Build Contract. 5.0 ITENIS FURNISHED BY THE CONSULTANT: 5.1 County Documents: All applicable documents referenced herein shall be a condition of this Agreement. 5.2 Office Automation: The Consultant shall provide and have available for their use a computer, modem, printer, and appropriate software. The Consultant will also be required to obtain monthly Internet access and maintain an e-mail address for the project. The Consultant shall use Microsoft Word 2003, Microsoft Excel 2003, and Adobe Acrobat 7.0 or latest version available software. The Consultant will furnish computer services/software needed for project scheduling, documentation, and control (Primavera/Suretrak, Claim bigger, etc.). All computer coding shall be input by Consultant personnel using equipment furnished by them. Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. 5.3 Field Office: The Consultant shall provide a field office with sufficient room and furnishings to effectively carry out their responsibilities under this Scope of Services. Routine expenses for operation of the office, such as stamps, postage costs, custodial fees, telephone service, etc., will be the responsibility of the Consultant and will be compensated by the County. 5.4 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 5.5 Field-- guioment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non -consumable and non -expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. The Consultant's handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 5.6 Licensine for Equipment Operations: The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the County, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 6.0 LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. 7.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all supplements thereof, the County will review various phases of Consultant operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. The Consultant shall cooperate and assist County representatives in conducting the reviews. If deficiencies are indicated, the Consultant shall implement remedial action immediately upon the approval of the Construction Project Manager. County recommendations and Consultant responses/actions are to be properly documented by the Senior Project Engineer. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. 8.0 8.2 B. Replace personnel whose performance has been determined by the County to be inadequate. Personnel whose performance has been determined to be unsatisfactory shall be removed immediately. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency of training of the Consultant personnel. REOUIREMENTS: 8.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Design Build Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Design Build Contract. The Consultant shall observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a recommendation to the County, which the County may accept, modify or reject upon review. The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Design Build Contract. Survey Control: The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record pre -construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. Any questions or requests for "Waiver of Survey" should be directed to the Senior Project Engineer. 8.3 On -site Inspection: The Consultant shall monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Design Build Contract to determine that the projects are constructed in reasonable conformity with such documents. The County will monitor all off -site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone traffic control plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. 8.4 Sampling and Testing: The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Design Build Contract documents and Local Agency Program requirements for Federal Aid Projects. The minimum sampling frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification and acceptance. The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. The County will monitor the effectiveness of the Consultant's testing procedures through surveillance and obtaining and testing independent assurance samples. Sampling, testing and laboratory methods shall be as required by the Department's Standard Specifications, Supplemental Specifications or as modified by the special provisions of the Construction Contract. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done. SS Engineering Services: The Consultant shall coordinate the Design Build Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the County for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Design Build Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: (1) Schedule and attend, within ten days after the Notice to Proceed, a pre -service conference for the project in accordance with County procedure. The Consultant shall provide appropriate staff to attend and participate in the pre -service meeting. The Consultant shall record a complete and concise record of the proceedings of the pre -service meeting and distribute copies of this summary to the participants and other interested parties within seven days. The Consultant shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing to the Construction Project Manager, either at this meeting or within seven days. (2) Schedule and attend, within ten (10) days after the Notice to Proceed, a Final Estimate informational meeting with the County Engineering Staff. The Consultant shall provide appropriate staff to attend and participate in this meeting. (3) verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. (4) Analyze problems that arise on a project and proposals submitted by the Contractor, endeavor to resolve such issues, and process the necessary paperwork. (5) Produce reports, verify quantity calculations, field measure for payment purposes as needed to prevent delays in Contractor operations and ensure prompt processing of such information in order for the County to make timely payment to the Contractor. (6) Prepare and make presentation before the Dispute Review Boards in connection with the project covered by this Agreement. (7) Provide Public Information services as required to manage inquiries from the public, public officials, and the news media. Prepare newsletters for distribution to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses to news media, etc., prior to release. (8) Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report, in a format to be provided by the County. (9) Schedule and conduct a meeting with the County Engineering Office at least 45 calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary to close out the permit(s). (10) Video tape the pre -construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (11) The Consultant shall have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: (a). Pre -construction photographs (b). Normal and exceptional progress of work (c). Critical path activities (d). Accidents showing damage (e). Unsafe working conditions (f). Unusual construction techniques (g). Damaged equipment or materials (h). Any activity, which may result in claims These photographs will be filed and maintained on the Consultant's computer using the LYNX Digital Photo Management system or equivalent. Copies of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the Construction Project Manager. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and/or Final Acceptance. 9.0 PERSONNEL: 9.1 General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. 9.2 Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project. Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant within one week of County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qua] ifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CEI SENIOR PROTECT ENGINEER - A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six years of engineering experience (two years of which are in major road and bridge construction), or for non- degreed personnel the aforementioned registration and ten years of engineering experience (two years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the following: Qualification; FDOT Advanced MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post -tensioning Tendons" (If applicable) Attend the CTQP Quality Control Manager course and pass the examination. Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROTECT ADMINISTRATOR -A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road and bridge structures. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post -tensioning Tendons" (If applicable) CTQP Final Estimates Level II Certifications: None Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High School diploma or equivalent and four years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in CTQP Final Estimates Level II course and maintain a current qualification. CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High school graduate or equivalent plus four years of experience in construction inspection, two years of which shall have been in bridge and/or roadway construction inspection. Must have the following: Qualifications: CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level If (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable) CTQP Grouting Technician Level I (If applicable) CTQP Post -Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety Or a Civil Engineering degree and one year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 9.3 Staffing: Once authorized, the Consultant shall establish and maintain an appropriate .staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 10.0 QUALITY ASSURANCE (OA) PROGRAM: 10.1 Quality Reviews: The Consultant shall conduct semi-annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one month after the review. On short duration CCEI projects (nine months or less), the CCEI shall perform an initial QA review within the first two months of the start of construction. 10.2 OA Plan: Within thirty days after receiving award of an Agreement, the Consultant shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Ouality Reviews: The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Records: The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub -consultants and Vendors: The Consultant will detail the methods used to control sub - consultants and vendor quality. E. Ouality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and County procedures. 10.3 Ouality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 11.0 CERTIFICATION OF FINAL ESTIMATE: 11.1 Final Estimate and As -Built Plans Submittal. - Prepare documentation and records in compliance with the Agreement, Consultant's approved QC Plan and the County's Procedures. Submit the Final Estimate(s) and three sets of final as built plans documenting Contractor's work (one record set with two copies) as follows: (a) Within thirty calendar days of final acceptance; or (b) Where all items of work are complete and conditional/partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional/partial acceptance. A memorandum with documentation will be transmitted to the Director of Engineering Services at final acceptance detailing any necessary revisions to the pay items covered under the conditional/partial acceptance. The Consultant shall be responsible for making any revisions to the Certified Final Estimate. 11.2 Certi ication: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. 12.0 SUBCONSULTANT SERVICES: Upon written approval by the Construction Project Manager and the County, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. 13.0 OTHER SERVICES: Upon written authorization by the Director of Engineering Services or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off -site inspection services in addition to those provided for in this Agreement. 14.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 15.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 16.0 THIRD PARTY BENEFICIARY: It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 17.0 COUNTY AUTHORITY: The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. END OF ATTACHMENT A ATTACHMENT B REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. General ..... ........... ....................age 1 It. Nondiscrimination ........ 1 III. Nonsegregated Facilities ..... I .......... 3 IV. Payment of Predetermined Minimum Wage ......... 3 V. Statements and Payrotis .... ............ 5 VI. Record of Materials, Supplies, and Labor ........... 5 ViI. VIII, Subletting or Assigning the Contract ............... Safety: Accident 5 Prevention ..................... 6 IX, X. False Statements Conceming Highway Projects ... Implementation of Clean Air Act and Federal , , . 6 Water Pollution Control Act .. 6 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Votuntary Exclusion XII. ............... Certification Regarding Use of Contract Funds for 8 Lobbying.................................... 8 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL. 1. These contract provisions shall apply to an work performed on the contract by the contractor's own orgaMzation and with the assistance of workers under the contractor's immediate superinten- dence and to all work performed on the contract by piecework, station work, or by subcontract 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained In these Required Contract Provisions, and further require their inclusion in any lower der subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained In these Required Contract Provisions shad be sufficient grounds for termination of the contract. 4. A breach of the fol clauses of the Required Contract Provisions may also be grounds for debarment as provided In 29 CFR 5.12: Section I, paragraph 2; Section I , paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. IV (except paragresarI6a Tp i 5) and Section standards of the labor these R provf Section isions t squired Contract Provisions shah not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not a. discriminate against tabor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federa"id constnuction contracts and to an Form FHWA-1273 (Rev. 3-94) related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportu nits Construction Contract Specifications set forth under 41 CPR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 121 011l .) set forth under 28 CFR 35 and 29 CFR 1630 are incorporates g4qy reference in this contract In the execution of this contract, the contractor agrees to comply with the following minimum spedfic requirement activities of EEO: a, The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and In their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: -It is the policy of this Company to assure that applicants are employed and that employees are treated durig employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprentIceship, and/or on-the-job training." 2. EEO Officer: The contractor will de nate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Disser inadon of policy All members of the contractor's staff who are authorized to hire, supervise, promote, and disch e employees, or who recommend such action, or who are substantia involved In such action, will be made fully cognizant of, and wi Implement, the contracto's EEO policy and contractual responsitwi ties to provide EEO in each grade and daesificatfon of employrrwd, To ensure that the above agreement WIN be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel offfce amp ees will be conducted before the start of work and then not less orten than once every six months, at which lime the contractors EEO policy and its implementation will be reviewed and explained. The meetings win be conducted by the EEO Officer. b. AN new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days tolbwi g their reporting for duty with the contractor. c. AN personnel who are engaged in direct recruitment for the Project will be Instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to imple- ment such policy win be brought to the attention of employees by means of meetings, employee handbooks or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: An Equal Opportunity Employer." Aii such advertisements will be placed Pogo i in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public: and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees. and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractors compliance with EEO contract provisions. (The pOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such Implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minonty group applicants for employment. Information and proce- dures wi regard to refs" minority group applicants win be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnelactions of every type, including hiring, upgra: , promotion, transfer, demotion, layoff, and terninatlon, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic Inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel, b. The contractorwill periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- natory wage practices, per c. The contractor will el actions In depth to determine whether there is erevievidence otdiscrimina- tion. Where evidence is found, the contractor will promptly take corrective action. if the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action she i Include all affected persons. d. The contractor will promptly Investigate all complaints of alleged �ndwill connection with ner thiscontract, emptttion made to the contractor o resolvesdcom tit and Investigationlappropriate ru me.If the indicates that the discriminationyamaReci persons other than the complainant, such corrective action shag mdude such other persons. Upon completion of each investigation, the contractor will inform every complainant of an of his avenues of appeal. 6. Training and Promotion: a. The contractor win assist In locating, qualifying, and increasing the skins of minority group and women employees, and applicants for employment. b. Consistent with the contractors wok force requirements and as permissible under Federal and State regulations, the contractor shag make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion. 7. Unions: if the contractor relies in whole or in part upon unions as a source of employees, the contractor wig use hismer best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion with the unions, Joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment b. The clause into eacchunewnagreein umeni p the and that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain Information as to the referral Practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shag so certify to the SHA and shall set forth what efforts have been made to obtain such Information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through Independent recruitment efforts, fin the employment vacancies without regard to race, color, religion, sex, national origin, age or disability, making fun efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective barC"ng agreement providing for exclusive referral failed to refer minnoority employees.) In the event the union referral Practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shag Immediately notify the SHA. S. selsction of subcontractor's. Procurement of Materials and Leasing of Equipment: The contractor shag not discriminate on the grounds of race, color, religion, sex, national origin, age or disabgny, in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment a. The contractor shall notify all potential subcontractors and suppliers of hWher EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters Into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DOE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms horn SHA personnel. c. The contractor will use his best efforts to ensure subconbac. for compliance with their EEO obligations. 9. Records and Reports: The contractor shag keep such records as necessary to document com�ance with the EEO requirements. Such records shag be retained 1 a period of three years completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shag document the following: The number Of members air d women employed ineachwork cty and lassification group the Project; oil ress and efforts being with unions?wehenapplicable, to Increase ode to cooperation for minorities and women; employment opportunities training, (3) The progress and efforts being made in locating hiring, awning, qualifying, and upgrading minority and female employees; The ress and efforts he services of4bBE subbccoontractors Of subcontractors with meaningful minority and female representation among their employees, b. The contractor will submit an annual report to the SHA Pogo 2 Form FHWA-1273 (Rev. 3-94) each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work dassincation required by the contract work. This information is to be reported on Form FHWA-1391. If on -the tob training is being required by special provision, the contractor will e required to conect and report training data. III. NONSEGREGATED FACIUTIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a, By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construc- tion contractor, subcontractor, material suppliere, cerlif, or vetes that the firm ndor, as employees its any segregated facilities at any of is not ts establitain or shmentsvide «and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used In this cerfiRcation, the term 'Segregated facilities' means any walling rooms, work areas, restrooms and washrooms, restaurants and other eating areas, (meclocks, locker rooms, and other storage or dressing areas, panning lots, drinking fountains, recreation or entertainment areas, transportation, and housinngg facilities provided for employees which are segregated by expNciI directive, or are, In fad, segregated on the basis of race, color, rel4lon, national origin, age or disability, because of habit local custom, or otherwise. The only exception will be for the dlsabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,00o or more and that 4 will retain such certifications in Its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE $2,000 and to all related sle to all ubbeo ntracts construction ntracts exc edoonn roadways classified as focal roads orr rural mhnar collectors which are exempt.) 1. General: a. AN mechanics and laborers employed or working upon the site of the work wig be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on arty account [except such payroll ydeductions as are permitted by under the Caopeland Aulations ctt (40 U.S.C. 276c )tithe � Secretary off wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shag be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter the wagedelenninallonr which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poser (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where It can be easily seen by the workers. For the anticipsa ed for bona of this He fringe benefits under Secributions made or tion l (b)(2j of the Davi3-83con Act (40 U.S.C. 276a) on behalf of laborers of mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs Incurred for more than a weekly period (bull not less often than quarterly) under plans, funds, or programs, which cover the particular week period, are Sdeemed uch o be ch laborers and mechanics shall made or incurred eup�aid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Paragraphs 4 and 5 of this Section IV. b. Laborers of classification may be compensated ics Performing to specified work In moreone each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. AN rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 11 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. HA ing officer shall icIslactthe require that aborers or mechanics employed under ontract,whhch not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officershag approveanadditional classifica- tion, wage rate and fringe benefits only when the following criteria have been met. lion requestedIsI the riot performbe ed by a ed by the classification in thesswee" determination; constructs (2)i the adds tfonal classification Is utilized in the area by the (3) the Proposed wage rate. including any bona fide fringe benefits, ge determinationbears a reasonable relationship to the wage rates contained in its wa; and (4) ,with respect to helpers, when such a classification prevails in the area In which the work is performed. laborers andthmechanics (if known) toonbe ctpoyed m t e aitional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting o�9cer to the DOL, AdmINstrato►of the Wage and How Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of recolpt and so advise the conUadinp officer or will notify the contract- ing o within the 30-day period that additional time Is necessary. d. In the ate, the laborersvoorrtthe mech contractor bore subcontractors m the additional cassification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits. where appropriate), the contracting officer sham refer the questions, including the views of al Interested parties and the recommendation of the coniraciing officer, to the Wage and Hour Administrator for determination. Said Administrator, oran authorized representative, will Issue a detennina- lion within � ys of receipt and so advise the contractig officer or will one mile Is contracbrig officer within the 30.day period that sary a. The wage rate (including fringe benefits where appropNate) determined pursuant to paragraph 2c or 2d of this Section IV, hall be paid to am workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers Or mechanics includes a fringe benefit which Is not expressed as an hourly rate, the contractor or subcontractors, deterrmpinationt or shall ll either y another bona We the benefit fringed in the benefit Or hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any taborer or mechanlo the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Form FHWA-1273 (Rev. 3-94) Pago 3 4. Apprentices and Trainees (programs of the U.S. DOL) and Helpers; a. Apprentices: (1) Apprentices wifi be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a Person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employ- ment as an apprentice. employees On he job site in ratiohe allowable of aft classification to shall Journeyman -level nn greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee fisted on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shad be paid not less then the applicable wage rate listed in the wage determination for the classification of work ectuMKperformed. In addition, any apprentice performing work on the job she in excess of the ratio permitted under the registered program shad be paid not less than the applicable wage rate on he wage determination for the work actually performed. Where a contractor or subcontractor is �erfortning construction on a project In a locality other than that in which de program is registered, the ratios and wage rates (expressed in percentages of the joumaymah-level hoary ra(e) specified In the contractor's or subcontractors registered program shad be observed. (3) Every apprentice must be paid at not less than the rate specified in he re sterod program for the apprentice's level of progress, exPressw as a percentage of he journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship Program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid he full amount of fringe benefits listed on the wage determination for the applicable classification. If he Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shad be paid In accordance with that determination. or a State apprenticeship In the event the Bureau of Apprenticeship and Training, draws ate aanagency recognized by the Bureau, with subcontractor will no longer be pieffnitted tto utidceslze apprentices the contractor or than the applicable predetermined rate for the nparable less o k performed by regular employees until an acceptable program is pproved. b. Trainees: (1) Except as provided in 29 CFR 5.1 A, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and Individually registered in a Program which has received prior approval, evidenced by format certification by the DOL, Employment and Training Administration. (2) The ratio of trainees tojourneyman-level employees on the job site shad not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who Is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing worts on the job site in excess of the ratio Permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program tor his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shad be paid ifnge benefits in accordance with the provisions of the trainee Program. If the trainee program does not mention fringe benefits, trainees shag be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associ- ated with the corresponding journeyman -level wage rate on the waggee determination which provides for less than full fringe benefits for apprentices, in which case such trainees shad receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: classification iisr specified and definednnthe project it the helper determination or is approved Pursuant to the conforancapplicable oceduagsre set forth in Section IV.2. Any worker fisted on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (programs of the U.S. DOT): training programs trainees working under pa pren0ceship and skip rag programs which have been cart/ by the Secretaaryry of Transportation as Promoting EEO in connection with Federal-afd highway construction rams are not sub}ell to the requirements of paragraph 4 0! this Section IV. The straight time hourly wage rates for apprentices and trainees under such proams will be established by the particular programs. The ratio of apprentices and trainees to journeymen shad not be greater than permitted by the terms of the Particular program. 6. Withfroldinq: The SHA shall upon its own action or upon written request of an authorized representative of the Dot- withhold, or cause to be withheld, from the contractor of subcontractor under his contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same Prime contractor, as much of the accrued payments or advances as may be considered trainees, t ►hem laborers and mechanics, including apprentices, tpers, employed by the contractor or any subcontrac- tor the fug amount of wages required by the contract. In the event of failure to pay any laborer or mechanic Including any apprentice, trainee, or helper. employed or working on Ole site of the work, all or part of the wages required by the contract, he SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: NO contract work which maor yreequ or Involventractor themployment Part of the laborers, mechanics, watchmen, or guards (includMq pper ces` trainees, and helpers described in paragraphs 4 and $ above) shad require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she le employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-haH times his/her bask rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in Paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shag be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, chlui to such District or to such territory) for liquidated damages. Such liquidated damages shag be computed with respect to each individual laborer, mechanic, watchman, or guard employyed in violation of he clause set forth In paragraph 7, in the sum of 510 for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours without Payment of the overtfms wages required by the clause set forth in paragraph 7. 9- Withholding for Unpaid Wages and Liquidated Damages: PaW 4 Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action or upon written request of any authorized representative of the 0OL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS $2,000a(Applicable all relateto all d subcontracts, except for projects on contracts allocated on roadways classified as local roads or rural collectors, which are exempt) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulators of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved For a period of 3 years from the dale of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shah contain the name, social security number, and address of each such emplIooyyee; his or her correct classification; hourrltyy rates of wages paid (irnbluding rates of contribu- tions or costs an drpated for bona fide fringe benefits or cash equivalent thereof the types described in Section I(b)(2)(S) of the Davis deductions maon de;); daily and and actual ages paid. In addition W Anumber of ours worked; pp ta. chian contracts, the payroll records shall contain a notation Indicating whether the employee dos, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuark to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amourd of any costa reasonably anticipated in providing benefits under a plan or pro am described in Section I (bx2)(8) of the Davis Bacon Act, the contractor and each subcontractor shah maintain records which show that the commitment to provide suIs financially ppcooh benefits is enforceable, that the hram ash or been ccormmunicated In writing too the laborerst the oror mlan orechanics affected, and show the cost anticipated or the actual cost Incurred in providing benefits. Contractors or subcontractors employing apprentices of trainees under approved Programs shall maintain written evidence of the registration of apprentices ad trainees, and ratios and wage rates prescribed In the applicable programs. c. Each contractor and subcontractor soh furnish, each week in which any contract work is erfomhed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Becton IV, para- graphs 4 and 5, and watchmen and guards engaged on work during Iris preceding weekly Payroll period) The payroll submitted shah set out accurately and completely all of the information required to be maintained under paragraph SitV. This hnmay be submitted in y frm desib of red. Optional Form WH-347is available for this purpose and may be purchased from the Superin- tandentof Documents (Federal stock number029-M-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shah be accompanied by a "State• ment of Compliance," signed by the contractor or subcontractor or hisJher agent who Pays or supervises the payment of the persons employed under the contract and shah certify the following; information re) that the payroll for the payroll Period contains the Section V andthat such information is correct ired to be maintained under and complete of this (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages eamed, other than Permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. 4. The weekly submission Of a Property executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The of subject the contrctor tfalsification vil or criminal prosecutioof the above n certifications 8nU.S.0 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shah make the records required under paragraph 2b of this Section V available for inspec- tion cop ing or transciiptton by authorized representatives of the SHA the FHWA, or the DOL, and shah Permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the reeqquutrod records or to make them available, the SHA, the FHWA, the Dev, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further Payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR S.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which Provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beaubficaton contracts, and bridarid ge is less than $ 1,000,000 ts for which the (23 al CFR 6Jcb Mecost contractor r ro d all a. and supplies contained e in a Form FHWA-47ar with 'he i*Statementt Of pof Matenfic materials and Labor Used by Contractor of Highway Construction involving Federal prior to the commencement of work under this contract b. Maintain a record of the total cost of all materials and supplies purchased for and Incorporated In the work, and also of the qquantifies of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required In paragraph 1b relative to materials and supplies, a final labor summary of all contract work Indicating this total hours worked and the total amount earned. 2. At the prime contractors option, either a single report covering all contract work or separate reports for the contractor and for each subcontract she# be submitted. VN, SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract Price, excluding any specialty items designated by the State. Specialty Items may performed by subcontract and the amount of any such specialty items Performed may be deducted from the total Original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635), a. "Its own organization' shall be construed to include only workers employed and paid directly by the prime contractor and operators. Such term eesdnot incluthe de ern contractor, with or without P Y equipment o/ Form FHWA-1273 (Rev. 3.94) Page 5 a subcontractor, assignee, or agent of the prime contractor. b. "Specialty items" shag be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The act amount in Paragraph orfSection VII is con which the mputed Includes the cosstt of matset erial and manufactured products which are to be purchased or produced by the contractor under the contract provisions 3. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct Performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines Is necessary to assure the Performance of the contract. 4. No portion of the contrail shag be sublet, assigned or otherwise offficceer, or authorizsed Of ed representative, with ft written tand such consent wsent of the SHA hen contracting shalt not be construed to relleve the contractor of any respons bility for the fulfillment of the contract. Written consent will be given on after fie SHA has assured that each subcontract is evidenced in offt and that it contains all pertinent Provisions and requirements Prime contract. VIM- SAFETY: ACCIDENT PREVENTION 1, in allcable epffperformance of this oontract the contractor shall comply heath, and san aeion�CFR t35).The contrWal actgoverning r shall provide safety, safeguards, safety devices and protective equipment and take any other needed actions as it determines, Or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on The job and the safety of the Public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shag be made a condition of each subcontract, which the contractor enters Into pursuant to this contract that the contractor and any subcontractor shag not permit any empbyee, In performance of the contract, to work in surround- ings or under ror>dMons which are unsanitary, hazardous or danger- ous to his/her health or safety as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Ail (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, 4 Is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any SO* of contrail performance to inspect or investigate the matter of Com pliance with the construction safety and health under Section 1standards fthe Contract Work Hours out the duties nd Safety Secretary Ad (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS in order to assure high quality and durable construction in confor- mity with approved plane and specifications and a high degree of reliability on statements and representations made by engineers, contactors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the Project is a violation of Federal law. To prevent any misunderstanding regarding The seriousness of these and similar acts, the folio ing notice shall be posted on each Federal-ald highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: 'U'hoever, be'g an officer, agerd, or employee of the United States, or of any, State or Temtory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false state- ment, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be rformed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any hhway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- lion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation, or Whoeverknowingtymakes any false statement Or false representa- tion as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11 1916, (39 Slat 355). as amended and supple- mented; Shad be fined rot more that $10, 000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $Ioo,000 or more.) B�nb� Submission of this bid or the execution of this contract, or Subcontract aubco appropriate, the bidder, Federal -aid construction contracStipulated as follows: appropriate, wit he deemed to have 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Ad, as amended (42 U.S.C. 1857 etse as amended by Pub.L. 91-604), and under the Federal Water Polfutlon Control Act. as amended (33 U.S.C. 1251 g(1 as amended byPub.L. 92-500), Executive Order 11738, and reguillo' ns in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the Brm agrees to comply and remain in compliance with all the requirements of Section 114 of Me Clean Air Act and Section 308 of the Federal Water PoNutfon Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall Promptly notify the SHA o/ the receipt of any unIcaities EPA, indicating that facilityrom sthatIsor Office ill be utilizedtor the Federal vcontrad is under consideration to be fisted on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be Included the nonexempt ements of paragraph 1 through 4 of this Section X in every subcontract. and further agrees to take such action as the nm goverent may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGISMJTY AND VOLUNTARY EXCLUSION 1. Inshwdons for Cw1Mcatl0n - Primary Covered Transac- tions: (APPikable to all Federal -aid contacts - 49 CFR 29) Primary Participant signing ill i g and is Providing Submitting this Proposal, the prospective Pr n9 certification set out below. b. The inability of a Person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Prospective Participant shall submit an explanation of why it cannot Provide the certification set out below. The certification or explanation will be considered in connection with the department of agency's determination whetter to enter into this transaction. However, failure of the prospective primary Participant to fumish a certification or an explanation shah disqualify such a Person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction If it is later deter- mined that the prospective Primary Participant knowingly rendered an erroneous certification, in addition to other remedies available to the ncy Federal Government. the department or agemay terminate this Page a Form FHWA-1273 (Rev, 3.94) transaction for cause of default d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is Submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms 'covered transaction ,"debarred,''sus ended," * ineligible,* "lower tier covered transaction," "par icpant, person,• "Pri aryCovered transaction,"'principal,""proposat, and "voluntarily excluded,' as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal Is submitted for assistance in obtaining a copy of those regulations. I. The prospective Primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntari yl excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 9. The Prospective prknary Participant further agrees by submitting this Proposal that MAN include the clause tilted "Cer iflca. lion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction; provided by the department or agency entering Into this covered transaction, withoul modification, in all lower tier covered transactions and in all solicita- tions for lower tier covered transactions. h. A participant In a covered transaction may rely upon a certification of a prosp�tive participant in a lower her covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification Is erroneous, A Participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant mayy, but is not required to, check the nonprocurement portion of the "Llsis of Parties Excluded From Federal Procurement or Nonprocurement Programs' (Nonprocurement List) which is compiled by the General Services Administration, 1. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and Information of participant Is not required to exceed that which Fs normally Possessed by a prudent person in the ordinary course of business dealings. paragraph for these instructionts if a participant sin atcovered trhorized ansacon knowwinf� enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from Pam tlon in this transaction, In addition to other remedies available to the sderal Government, the department or agency may terminate this transaction for cause or default. Forth FHWA-1273 (Rev. 3-94) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed transactions by any Federal department or agency; for debarment, declared Ineligible, or voluntarily excluded from covered b. Have not within a 3-year period preceding this proposal been convicted of or had a civil Judgement rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempt 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, the", forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for orotherwise criminally orcivilly charged e f any o e offenses vernmental enumerated In te�1) with this certification; and paragraph tb of d. Have not within a 3-year Period preceding this applica- lion/Proposal had one or more public transactions (Federal, State or local) terminated for cause or default 2. Where the Prospective primary Participant is unable to ceriNy to any of the statements In this certiltcawn, such prospective participant shall attach an explanation to this proposal, 2. instructions for Certification - Lower TisrcovwedTranssc. tions: tier trannsa ionsof $25,0 0 orrmmore r4cg CFR 29) and other lower a. By slgnlng asubmitting lower liars providing the certification tset proposal t below, the prospective b. The ceriificallon in this clause is a material representation Of fact upon which reliance was Placed when this transaction was entered Into. If 4 is later determined that fhe prospective lower her participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the de- ment, or agency with part which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The Prospective lower tier participant shall provide immedi- ate written notice to the person to which this Proposal is submitted it at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms 'covered transaction: 'debarred,' "suspended,' 'Ineligible,* » participant,' "person "prin " ��' covered transaction,' cr0al•' 'proposer' and "vokrntartly excluded," as used in this clause, have the meanings set out In the Definitions and Coverage costa ifhOf e Hies implementing Executive Order 12549, You may Person to which this proposal is submitted for assistance in obtaining a copy of those regulations. this a. The prospective lower tier participant agrees by submitting entered it shaal h ie Proposed covered transaction be transaction with a knowingly enter into any lower tier covered ins' Person who is debarred, suspended, declared transaction, unless�horized by the excluded from department of tion in this with which this transaction originated, submitting he prospective tower tier participant further agrees by in9 proposal that it win include this clause titled "Certi Ica- Ex�siioon-LL ng � Co � Suspension, ," without and Voluntary an leer tier covered transactions and is n all solicitations modification loweeri rei covered transactions, g. A participant in a covered transaction may rely upon a certification of a Prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous. A participant may decide the method and Page 7 frequency by which it delermines the eligibility of its principals. Each Participant may, but is not required to, check the Nonprocurement List. h. Nothing in the to require establishmentofasystem of records inoing torder ll be construed o render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. these Instructions, if 3 participant in atcoveredorized under transsaction knoh a of wingly enters into a lower tier covered transaction with a person who is susperticnded, debarred, ineligible, or voluntarily excluded from ition to other remedies available to he Fedorall Government, the dep tion in this transaction, in dartment agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Cert9Ncation Rgararding Debarment, Suspension, ineligibility and Voluntary Exclusion —lower Tier Covered Trnsactbns; 1- The prospective lower tier participant cedflas, by submisslon of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared inelioble, or volun- tariy excluded /min Participatiion in this transaction by any Federal department or agency. 2. Where the Prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) t. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be Paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award" of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal apppropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fort-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a mate" representation of fad upon which reliance was placed when this transaction was made or entered Into. Submission of this certification Is a prerequisite for making or entering Info his transaction Imposed by 31 U.S.C. 1352. Any person who of not less than $fails to 610 the q10, 00 and not ired mo a than $1shall be 00 00 ct to � teach Such failure. 3. The prospective participant also agrees by submitting his or her uire that the language of this certificid Or al�be included In sal that he or all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page s Form FHWA-1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contracttakithe contactor under - work, shalt give preference to qualified to do work which is, or persons � regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the Stale wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For present or formeobligation er ployees the the result or tof aela�locoollective bargaining contract, provided that the number of nonresident persons employed under this subparagraph is shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided In subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required In each classification, Form FHWA-1273 (Rev. 3-94) (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submrfted by the contractor in the original job order is substantially modified, he shall Promptly notify the State Employment Service, jj�� 3. The applicants reftrerred to him by�the State Emploull yment allto qualified ts who, in i opinion, are not ired 10 qualified trant o perform the oyment to classification onof work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants, Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor mayy employ persons who do not normally reside In the labor area to flit positions covered by the cerlillcale, notwithstanding the provisions of subparagraph tc above. 5. The contractor shah include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which Is, Of reasonably may be, done as on -she work. P'g" 9 ATTACHMENT C STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION ENGINEER AND INSPECTION CONSULTANT GEIGER CREEK BRIDGE REHABILITATION ATTACHMENT C Class -won Billing Rate ner Hour* CEI Senior Project Engineer $ 173.60 CEI Project Engineer $ 117.60 CEI Senior Inspector $ 78 00 CEI Resident Compliance Specialist $ 48.00 *It is assumed that the work hours will be Monday thru Friday, 8 hour days. Ted Miscellaneous Testing Services $1,500 LS (concrete cylinders, grouts, etc.) Staffing Estimate Iht 120 c Position Jan Feb (hours) Total Mar i CEI Senior Pro"ect Engineer ' A r Ma 1 Jun Hours t CEI Project Engineer/ o 8 8 8[ e 8 40 CEI Project Administrator/ CEI Contract Support Specialist 0 40 CEI Senior Ins ector 40 40 40 40 200 2, CEI Resident Com liance S ecialist o es 0 tso tso tso 90 655 5i 8 8 8 g 8 40 1 Based on the staffing schedule, billing rates, and testing MACTEC's Not to exceed contract services fee listed above, amount for all services as listed in the scope of services is $ 84,974, Reimbursable Expenses As per Article 7.1.2, rates shown are inclusive of reimbursable expenses, except for airfare, which will be billed to the County at the Consultant's Cost. 944 A`CWR CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 8/2712010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines — (770) 850-0050 NAME c Shelley C. Taylor, CIC PHONE : Wells Fargo Insurance Services USA, Inc xU 770850-6604 a _ c Not 770-850-9375 E-MAIL— -- 4401 Northside Parkway, Suite 400 ADDRESS: __ she_Iley.taylor@welisfargo.com PR y ODUCER - -- - --- - - - - -- USTOMER IO #: MACTINCI Atlanta, GA 30327 - INSURED MACTEC Engineering and Consulting, Inc. & MACTEC, Inc. 5845 N.W. 158th Street Miami Lakes, FL 33014 INSURER ) AFFORDING COVERAGE NAIC # A: Zurich American Insurance Co 16535 B; American Zurich Insurance Company _ 40.142 C: Lloyd's, London INSURER F COVERAGES r r-0TICI(`ATC uuseoCn. 179nARA _ 1AGYIJIVI9 IYVIIIIDCK: JCC UCIUW THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID INSR - ADDL SUER -- - LTR TYPE OF INSURANCE POLICY NUMBER CLAIMS. - -- - _ _.-- - POLICY -- — - MWDDDY/YYYY MAWDLIMITS A GENERAL LIABILITY GL0225862813 X EACH OCCURRENCE $ 1,000,000 09/01/2010 09/01/2011 - COMMERCIAL GENERAL LIABILITY DAMAGE O�REN`E1,000,000 f CLAIMS -MADE x OCCUR PREMISESLEaoccurrence $ - — MED EXP (Any.- person) _ $ 5,000 �._-J ..._.._ ___ I PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $_ 2,000,000 GE_N'L AGGREGATE MOIT APPLIES PER: - PL X � PRODUCTs - COMP/OP AGG $ 2,000.000 — ' --- --- ---- ---- POLICYJECT LOC $ A AUTOMOBILE LIABILITY BAP225862913 09/01/2010 : 09/0112011 COMBINED SINGLE LIMIT X ANY AUTO � (Ea accident) $ 1,000,000 i :BODILY INJURY (Per person) $ ALL OWNED AUTOS - I BODILY INJURY _ SCHEDULED AUTOS (Per accident) J $ X� HIRED AUTOS _ PROPERTY DAMAGE $ _ { (Per accident) X '�, NON -OWNED AUTOS ------ $ UMBRELLA LIAB OCCUR EXCESS LIAB EACH OCCURRENCE _ _ $ CLAIMS -MADE - AGGREGATE_ $ DEDUCTIBLE - RETENTION $ KERS NSATION $ B AND EMPLOYERS' LIABILITY WC225863013 (AOS) YNN WC STATU- OTH- 09/01/2010 09/01/2011 - x TORYLIMIT,$ - -ER ANY PROPRIETOR/PXCLUDE/EXECUTIVE OFFICER/MEMBER NER/E A AN I N/Ai (Mandatory In NH) WC283354013 (GC) . EACH ACCIDENT $ 1,000,000 09/01/2010 09/Ol/2011 -E.L-,_-- ---- - If es, describe under y 1 WC672418900 (ID) DESCRIPTION E.L. DISEASE - EA EMPLOYEE $ 1,000,000 = 09/01/2010 ''I 09/01/2011 . OF OPERATIONS below C Professional OF054509 E.L. DISEASE - POLICY LIMIT $ 1,000,000 1/ 1 Liability 09/01/2011 $1,000,000 Each Claim $2,000.000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) RE:Geiger Creek Bridge Repair CEI As respects general and automobile liability coverages, certificate holder is included as an additional insured, when required by contract, but only for work performed by or on behalf of MACTEC Engineering & Consulting, Inc. (`CDTICI!`ATC unl n=- Monroe County Board of Commissioners Attn: Judith Clarke 1100 Simonton St., Room 216 Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /} j v 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 20I0 Division: County Administrator Bulk Item: Yes X No _ Department: Engineering Services Staff Contact Person/Phone #: Judv Clarke X4329 AGENDA ITEM WORDING: Approval to ratify contract with MBI K2M for surveying and drafting work to support Department of Environmental Protection (DEP) permit application for Boca Chica Road Restoration. The contract was awarded through MBI K2M's Continuing Services Contract. ITEM BACKGROUND: DEP determined that a coastal construction control line permit (CCCL) is required for the work to repair damage to Boca Chica Road caused by Hurricane Wilma. This contract is for the additional surveying and drafting to complete the permit application. MBI K2M was selected from the various continuing services consultants because they provided the original construction drawings for the project and are familiar with the site and permitting requirements. FEMA reimburses 100% of eligible Hurricane Wilma costs. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the design contract with MBI K2M to design repairs to Boca Chica Road in June 2007. BOCC approved the Continuing Services Contract with MBI K2M at the December 2009 BOCC meeting. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Ratification as requested above. TOTAL COST: $13, 830 INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: n/a BUDGETED: Yes X No COST TO COUNTY: $0 SOURCE OF FUNDS: FEMA Reimbursement REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MBI K2M Contract # Effective Date: 9/16/2010 Expiration Date: Contract Purpose/Description: A portion of Boca Chica Road on Boca Chica Key was damaged during Hurricane Wilma. Surveying and drafting work is needed to complete DEP's Coastal Construction Control Line Permit Application. Contract Manager: Judy Clarke 4329 En ineerin #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Oct. 20, 2010 Agenda Deadline: Oct. 5, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 13,830 Current Year Portion: $ 13,830 Budgeted? Yes® No ❑ Account Codes: 7-S - a 4-,% &5 - 5 3p 1 0 Grant: $ 13,830 _ County Match: $ 0 Estimated Ongoing Costs: $0/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, CONTRACT REVIEW Changes Datie In Needed evi wer ` Division Director Yes❑ NoED, Risk Manage ent Yes[:] NoE]/ I� ❑ O.M.B./Pur asing {�( 1C Yes Nog County Attorney Yes❑ Nolz ( 11aifiud 6a)r4b T40 I /'J Comments: ✓1V11J I V1111 AC V INCU GJ L / /V 1 lvil-.r *L etc. Date Out CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER For Surveying and Drafting to Support DEP Permit Application At BOCA CHICA ROAD THIS CONTRACT made as of the kfh day of September, 2010, FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board of County Commissioners ("BOCC"), and MBI K2M Architecture, Inc. (the "Architect") ,whose address is 1001 Whitehead Street, Key West, Florida 33040, its successors and assigns. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect/Engineer agree: This contract shall be effective on the date of execution by the last party signatory to the contract. 2. This contract is in accordance to the Continuing Contract as approved by the BOCC on January 20, 2010 where professional services are to be rendered for projects in which the estimated construction costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000.00), or for a study activity if the fee for professional services for each individual study does not exceed Two Hundred Thousand Dollars ($200,000.00). All terms and conditions of the continuing contract approved by the BOCC shall apply to this contract. Modifications to the existing contract consist of the following: 3. The Architect shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the services performed by Architect or other information to which the Architect has had access during the Term of the Continuing Contract without the prior written approval of the County, during the Term of the Continuing Contract and for a period of two years after the termination of the Continuing Contract. Nevertheless, the parties agree the Architect may use and publish the County's name and give a general description of the work provided by the Architect for the purpose of informing other clients and potential clients of the Architect's work experience and qualifications. 4. Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes, Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing Contract by the County. 5. Scope of Work: Architect to perform surveying work and drawing modifications as outlined in the Department of Environmental Protection (DEP) Request for Additional Information (RAI), File Number MO-39 AR, which is attached as Exhibit A, for the Boca Chica Road Restoration Project. The Work will support Monroe County's Coastal Construction Control permit application. 6. Services shall include, but not be limited to: Drawing modifications and new surveying as outlined in the Request for Additional Information dated July 19, 2010. The Work includes a maximum of 20 hours of civil modifications and a maximum of 20 hours of project coordination with consultants, FDEP and Monroe County. Communication with Florida Department of Environmental Protection will occur to ensure the revisions being made address FDEP's concerns. 7. The cost for professional services shall be a lump sum of $13,830, billed monthly ending the last day of each month. There shall be no reimbursable expenses associated with this contract. 8. It is not anticipated that mapping of coastal vegetation will be required to provide an acceptable response to the RAI. If FDEP requires vegetation mapping the Architect will include the services of a biologist to document the vegetation. Upon approval by the County, the additional cost for the biologist will be billed as additional expenses, direct cost plus ten percent. 8. All other terms and conditions of this Contract shall comply with the Continuing Contract dated January 26, 2010, which shall be made a part of this contract as if written herein in its entirety. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk WITNESS TO Architect's Signature: By: bL S S' nature Print Witness Name Date: �k -AC By: Mayor/Chairman Date: MBI K2q jiRCIRT INC. M P� r�i�nt Name of (corporate Agent q I (� Date: t � D MONROE CO)"JNTY ATTORNEY APP `_nD AS TO FORM: r CHRISTINE f0l. € IMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 1 EXHIBIT A Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 July 19, 2010 Monroe Board of County Commissioners c/o Clark Briggs, Project Manager 1100 Simonton Street, Room 216 Key West, Florida 33040 Dear Mr. Briggs: Request for Additional Information File Number: MO-39 AR Applicant Name: Monroe County Board of County Commissioners Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary Please be advised that your permit application is considered to be incomplete as provided for by Section 120.60, Florida Statutes, and Rule 6213-33, Florida Administrative Code. Receipt of information listed below is required. The items of information listed below are numbered to correspond with the item numbers on the application form. 5. The name and mailing address of the owners of the immediately adjacent properties, exclusive of street ends and easements. If the adjacent property is under cooperative or condominium ownership, the name and mailing address of the cooperative or condominium association will be adequate. 6. A fee as set forth in Rule 6213-33.0085, Florida Administrative Code. The fee for the repair portion is $500. The fee for the 750 feet of new armoring is $9, 500. $500 has been received. 7. Sufficient evidence of ownership including the legal description of the property for which the permit is requested. Examples of evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation; a copy of a long term lease -purchase agreement, or contract for deed; a copy of a property tax receipt bearing the name and address of the current owner; articles of condominium bearing evidence of appropriate recordation (for condominiums); or the cooperative documents defined in Section 719.103(13)(a), F.S. (for residential cooperatives). Other documents submitted as evidence of ownership will be reviewed by the staff and shall be rejected if found not to be sufficient. A copy of a quit claim deed, a purchase contract, or an affidavit from the owner, or a tax record obtained from an Internet website (unless obtained from an authenticate-d official county record) is not sufficient evidence of ownership. If the applicant is not the property owner, the applicant shall submit certification on the form provided by the Department as fart of the permit application form, which is referenced in "afore Protection, Less Procevs" www. dep state fl, its Monroe County Board of County Commissioners July 20, 2010 Page Two subsection 62B-33.008(3), F.A.C., authorizing the applicant to act as the owner's agent for the purpose of applying for a permit and to act on behalf of the owner in other matters pertaining to the permit. 8. Written evidence provided by the appropriate local governmental entity having jurisdiction over the activity that the proposed activity as submitted to the Bureau does not contravene local setback requirements or zoning codes. 9. Two original copies of a signed and' sealed survey of the subject property. The information depicted on the drawing shall be from a field survey conducted not more than six months prior to the date of the application. The survey shall comply with the requirements given in Rule 62B- 33.0081, F.A.C., and shall include the following information: A. The certified survey of the subject property, which is required by paragraph 62B- 33.008(3)(f), F.A.C., shall include the following information: (1) The property owner's name. (2) All vertical data specified on the survey shall be referenced to NAVD 88 (U.S. survey foot). (3) The location of the property in relation to bordering roads and streets. (4) Property boundaries and right-of-ways. (5) Legal description of the property. (6) All horizontal coordinates, bearings, and distances referenced to the control provided upon the most recently recorded Map of Record for the CCCL in the county where the subject property is located. (7) The recording date, book, and page of the Map of Record of the CCCL as recorded in the county public records where the subject property resides. (8) The horizontal location of the CCCL or the fifty (50)-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points. Monroe County Board of County Commissioners July 20, 2010 Page Three (9) The horizontal location of the erosion control line, if one exists, (10) The horizontal locations of the contour lines corresponding to elevation 0.00, the approximate contour of the mean high water, and the contour of the seasonal high water. (11) The horizontal location of the seaward line of vegetation and outlines of existing natural vegetation. Each contiguous stand shall be circumscribed at the outermost edge of the vegetation or the drip line of a tree canopy and shall be identified as being one of the following categories: (a) Beach dune (grasses and groundcovers); (b) Coastal strand (saw palmetto and salt pruned shrubs); (c) Hammock (overhead forest canopy); (d) Wetland (mangrove, marsh, or swamp); or (e) Exotics (greater than 50 percent Australian pine, Brazilian pepper, Australian scaevola, or other invasive nuisance species). (12) When the topographic contours of the subject property are uniform in nature in the shore -normal direction throughout the project area, show (1) a minimum of three transects, (2) one transect per lot line, and (3) one transect per 100 feet of shore -normal direction, with data points at 25-foot intervals and at one -foot or greater changes in elevation on each transect. In project areas that are irregular or not uniform in nature or where abnormal topographic entities exist in a dune system, provide sufficient transect data points and elevations to establish a two -foot contour interval throughout the dune system. (13) Dimensions and locations of the foundation outlines of any existing structures on the subject property and the bearings and distances perpendicular from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure. (14) If the permit is requested under the provisions of Section 161.053(5)(b) or 161.052(2)(b), F.S., the survey shall show the dimensions and locations of the foundation outlines of any existing structures in the immediate contiguous or adjacent areas that the applicant contends have established a reasonably continuous and uniform construction line. The survey shall show bearings Monroe County Board of County Commissioners July 20, 2010 Page Four and distances perpendicular from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure, including the down line bearings and distances from the nearest point of intersection of the CCCL and the established perpendicular intersection. B. When conventional route surveying is used to locate the CCCL, the following information must be shown, reported, and become a part of the drawing: (1) The location traverse showing all adjusted angles, distances, and directions shall be shown, reported, and become a part of the drawing. (2) At least two (2) CCCL Map of Record control points or any two published second order or higher horizontal control points shall be used in the location traverse. The bearing and distance from the nearest control monuments to the points of intersection on the CCCL shall be shown upon the survey. (3) The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or fifty (50)-foot setback, including the down -line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection. C. When Global Positioning Systems are used, the following must be shown, reported, and become a part of the drawing: (1) A tabular listing of all Geodetic Control Stations occupied and checked into, along with their latitude, longitude, State Plane Coordinate, zone, and specifications of units (U.S. survey foot). (2) The software brand and version number used for the baseline or real-time processing and or adjustment. (3) Identification of the Geodetic Control that was held fixed or used as Base Station installation. The Geodetic Control that was checked or allowed to take adjustment. When using real-time kinematic carrier phase processing, at least one additional control monument shall be occupied and a statistical comparison to the published values shall be provided. Monroe County Board of County Commissioners July 20, 2010 Page Five (4) A general statement of accuracy for each newly established coordinate. (5) A graphic representation of the final fixed position data depicting the three- dimensional vector baseline established between the control station and the newly established stations, including three-dimensional loop closure statistics on the checked monumentation. (6) A tabular listing of all newly established positions obtained from the final fixed vectors which includes their latitude, longitude, State Plane Coordinate, zone, grid Azimuth (convergence angle), scale factor, and specification of units (U.S. survey foot). Newly established stations shall be identified as such. The number of decimal places displayed shall reflect the level of precision of the work performed. (7) The survey drawings shall include the following notes or equivalent: (a) The procedures and or network design meet the Geodetic Accuracy Standards and Specifications for Using GPS Related Positioning as set forth by the Federal Geodetic Control Sub -Committee in their most current publication for 3rd order class 1 horizontal control survey or provide the horizontal accuracy for all new positions established as a positional tolerance. (b) Provide the vertical accuracy for all new positions established as a positional tolerance. (c) The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for (2) two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or fifty (50)-foot setback, including the down line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection. D. For general location purposes the survey shall provide a bearing and distance from the state plane coordinated property corners to the nearest Department range baseline monitoring location. 11. Two copies of a dimensioned site plan. The drawings shall be signed and sealed by an architect, engineer, landscape architect, or professional surveyor and mapper (as appropriate) licensed in the state of Florida. The site plan shall include: Monroe County Board of County Commissioners July 20, 2010 Page Six A. The locations and exterior dimensions of all proposed structures, including foundations and other activities, and the bearings and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore -protection structure. B. Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any existing structures or the seaward limit of any coastal or shore - protection structure. These measurements shall include all structures that the applicant contends have established a reasonably continuous and uniform construction line for permits requested under the provisions of Sections 161.052(2)(b) or 161.053(5)(b), F.S. C. Dimensions and locations of the foundation outlines of any existing structures on the subject property and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore - protection structure. E. The horizontal location of the erosion control line (if one exists), any contour lines corresponding to elevation 0.00, the approximate contour of mean high water and the seasonal high water, and the horizontal location of the seaward line of vegetation and outlines of existing natural vegetation. F. The horizontal location of the CCCL or the 50-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points. G. The location and dimensions of the property boundary, rights of way, and easements, if any. H. The property owner and project name, street address, scale, north arrow, sheet number, and date of drawings. I. The location of work limits, construction fences, and dune features and vegetation to be protected during construction. The site plan should contain a location plan showing the location of this project on Boca Chica Key. Monroe County Board of County Commissioners July 20, 2010 Page Seven 12. Two copies of a dimensioned grading plan. The drawings shall be signed and sealed by an architect, engineer, landscape architect, or professional surveyor and mapper (as appropriate) licensed in the State of Florida. The grading plan shall include: A. Existing and proposed elevations, contours and spot elevations. B. For any proposed excavation or fill: (1) A table of all permanent, temporary, and net excavation and fill volumes seaward of the CCCL; (2) The storage locations and description of handling methods for all temporary excavation and fill material; and (3) Soil and geotechnical data for beach compatible imported or excavated material proposed for placement on the beach seaward of a frontal dune or on the sandy beach. 15. An anticipated construction schedule. 17. For major and rigid coastal structures, two copies of a dimensioned site plan drawn to an appropriate scale, on eight and one half (8 ''/2)-inch by eleven (I I) -inch size paper showing property boundaries, the location of the proposed structure(s), the proposed construction limits, the location and volume of any proposed excavation or fill, and the locations of roads, adjacent dwellings, the vegetation line, and the approximate mean high water. 20. For rigid coastal structures, two copies of detailed final construction plans and specifications for all proposed structures or excavation. These documents shall be signed and sealed by an engineer licensed in the State of Florida and shall bear the certification specified in paragraph 6213- 33.0051(2)(c), F.A.C. Please submit two full size copies of the construction plans, signed and sealed and containing the above referenced certification. Please review Rule 62B-33.0051 F.A. C. and provide details on the armoring stone. Notes: Staff may require the applicant to provide other site specific information or calculations as is necessary for proper evaluation of the application. The dimensions for the plans referenced in this section shall be Monroe County Board of County Commissioners July 20, 2010 Page Eight submitted in U.S. Customary System units. Structures shall be located with distances measured perpendicular to the control line, fifty (50)-foot setback line, or the mean high water line, as appropriate. All elevations in this rule shall be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and landscape plans as well as cross -sections shall be drawn to a scale no smaller than 1" = 40' in the horizontal dimension. The Department recognizes that specific information requirements may not, due to the project specific circumstances, be applicable or necessary to ensure protection to the beach and dune system. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do no apply pursuant to paragraph 62B-33.008(6), F.A.C. If you have any questions, please contact me by mail at the letterhead address (add Mail Station 300), by telephone at (850) 921-7846, or by email at michael.wetherington(r�dep.state fl us. Sincerely, Michael Wetherington P.E., Permit Manager Bureau of Beaches and Coastal Systems M W/dw Enclosures cc: Monroe County Board of County Commissioners, Property Owner CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER (the "Contract' or "Agreement') is made and entered into by Monroe County ("Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), and MBUK2M Architecture, Inc`, the ( "Architect')., whose address is 1001 Whitehead Street, Stel01, Key West FL 33040, its successors and assigns. This contract shall be effective on the date of execution by the last party signatory to the contract. This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate contract for each project awarded to the Architect by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be chosen pursuant to Owner policy and work will be distributed among all contractors who have signed a continuing contract. The professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four years thereafter, with options for Owner to renew on an annual basis for two additional years. The terms and conditions of this Contract shall apply to any separate contract, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this Contract NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect agree: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Architect makes the following express representations and warranties to the Owner: 1.1.1 The Architect is a professional qualified to act as the Architect for the Project and is licensed to practice Architecture/Engineering by all public entities having jurisdiction over the Architect/Engineer and the Project; 1.1.2 The Architect shall maintain all necessary licenses, permits or other authorizations necessary to act as Architect for the Project until the Architect's duties hereunder have been fully satisfied; 1.1.3 The Architect shall become familiar with the individual Project site and the local conditions under which the Project is to be designed, constructed, and operated prior to entering a separate contract for any specific Project. 1.1.4 The Architect shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The Architect warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.5 The Architect assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ as Architect of Record. 1.1.6 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Architect shall submit, for the Owner's and Monroe County Project Management Department's information, a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County Project Management Department's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner may not be exceeded by the Architect except for delay caused by events not within the control of the Architect or foreseeable by him. 1.1.7 In providing all services pursuant to this agreement, the Architect shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Architect. ARTICLE II SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION 2.1.1 Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished by the Owner. 2.1.3 These services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bids, preparation and advertisement for Request for Bids, tabulation and review of bids, recommendation of contract awards, cost estimating during design and document preparation, administration of contract documents, consultation and on -site inspections during construction, review and recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications, public presentations and presentations to the County Commission. Architect shall arrange his schedule in order to be available to perform the listed services for one or for several projects if requested by COUNTY and with the understanding that for any individual project the construction costs will not exceed the limits under F.S. 287.055 (2)(g). 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the County's program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall review with the Owner and Monroe County Project Management Department's proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The Architect shall review with the Owner and Monroe County Project Management Department's alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 Upon completion of the Schematic Design Phase, the Architect shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. 2.2.6 The Schematic Design must be approved in writing, by the Owner prior to Architect continuing to the Design Development Phase. 2.3 DESIGN DEVELOPMENTIDOCUMENT PHASE 2.3.1 Upon completion of the Design Development Phase, the Architect shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County Project Management Department's information. The Architect shall provide an estimate of anticipated costs in accordance with the design development phase. 2.3.2 The Design Development Documents must be approved in writing, by the Owner prior to Architect continuing to the Construction Documents Phase. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 The Architect shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 2.4.2 The Architect shall assist the Owner and Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.4.3 The Architect's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and the Architect's latest estimate of Construction Cost, shall assist the Monroe County Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.5.2 The Architect shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The Architect, with the assistance of the Monroe County Project Management Department, shall respond to questions from bidders, and shall issue addenda. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1. The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close-out documents by the Architect and Contractor. The Architect will administer the Owner's contract as provided for in that document. The Architect agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.6.2 The Architect shall at all times have access to the Work whenever it is in preparation or progress. 2.6.3 The Architect shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the Architect or Monroe County Project Management Department. 2.6.4 The Architect shall have authority, after notification to the Monroe County Project Management Department to reject Work, which does not conform to the Contract Documents. 2.6.5 The Architect shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. 2.6.6 The Architect shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.6.7 The Architect shall require inspection or re -inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.6.8 The Architect, assisted by the Monroe County Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. 2.6.9 The Architect shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. 2.6.10 Interpretations and decisions of the Architects shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.6.11 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.12 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.13 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. 2.6.14 The Architect shall transmit to the Owner all manuals, operating instructions, as - built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.6.15 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.16 The Architect shall make available to the Owner any personnel or consultants employed or retained by the Architect for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. 2.6.17 The Architect shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.6.18 The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect or its consultants, or both. 2.6.19 The Architect must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Architect for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Architect. The Architect shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the Owner proceed with the Additional Services. ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall designate Monroe County Project Management Department to act on the Owner's behalf with respects to the Project. The Owner or Monroe County Project Management Department shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 4.2 Prompt written notice shall be given by the Owner and Monroe County Project Management Department to the Architect if they become aware of any fault or defect in the Project or non-conformance with the Contract Documents. 4.3 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and work of the contractors. 4.4 The Owner's review of any documents prepared by the Architect or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Architect of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V CONSTRUCTION COST 5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific Project. ARTICLE VI INDEMNIFICATION AND HOLD HARMLESS 6.1 The Architect covenants and agrees to indemnify and hold harmless Owner/Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Architect, their employees, or agents. 6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect, the Architect agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf 6.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to purchase or maintain the required insurance, the Architect shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Architect the Architect agrees and warrants that Architect hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VII 7.1 PERSONNEL The Architect shall assign only qualified personnel to perform any service concerning the project. ARTICLE VIII 8.1 PAYMENT Terms of payment will be governed by state guidelines and/or hourly rates to be approved by the County. Hourly rates are provided in Exhibit A and subject to annual affirmation. Details of payment will be set out in the specific separate contract. 8.2 REIMBURSABLE EXPENSES Shall be negotiated and agreed to prior to award of the separate contract, but only to the extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to incurring any expense written approval for any reimbursable expense must be obtained from the County. 8.3 BUDGET 8.3.1 The Architect may not be entitled to receive, and the County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year (October 1- September 30) by County's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the County's Board of County Commissioners. 8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or in the separate contracts for individual projects, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Architect. The County shall not be obligated to pay for any services provided by the Architect after the Architect has received written notice of termination, unless otherwise required by law. 8.3.3 The County does not guarantee Architect any specific amount of work or contracts under this agreement. The parties shall enter into a separate contract for each project awarded to the Architect by the County. The specific services to be performed under these separate contracts will be determined by the County and agreed to by the Architect. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. Architect will be chosen pursuant to County policy and work will be distributed among all contractors who have signed a continuing contract. 8.3.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE IX 9.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, dispute conferences or litigation arising under this contract must be in Monroe County, Florida. The Parties waive their rights to a trial by jury. ARTICLE X 10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 10.1 The Drawings, Specifications and other documents prepared by the Architect for this project are instruments of the Architect's service for use solely with respect to this project, and the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the Architect's Drawings, Specifications and other documents shall not be used by the Owner or others on other projects except by agreement in writing and with appropriate compensation to the Architect. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the Architect's reserved rights. 10 10.1.3 The As -Built drawings and specifications may be furnished by the Architect to the Owner in electronic format in addition to the original As -Built documents. 10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. as required for reference on any necessary future work on the site, and for constructing, using and maintaining the Project. ARTICLE XI 11.1 SUCCESSORS AND ASSIGNS The Architect shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE XII NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP 12.1 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. 12.2 INDEPENDENT CONTRACTOR RELATIONSHIP The Architect is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Architect shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Architect's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Architect does not have the power or authority to bind the County in any promise, agreement or representation other than such power and authority that is specifically provided for in this Agreement. ARTICLE XIII 13.1 INSURANCE 13.1.1 The Architect shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect's failure to purchase or maintain the required insurance, the Architect shall indemnify the County from any and all increased expenses resulting from such delay. 13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate shall contain an endorsement providing thirty (30) days notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 13.1.3 Architect shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $100,000.00 per Accident, $500,000.00 Disease, policy limits, $100,000.00 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Architect or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00) per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, Architect shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. County shall be named as an additional insured with respect to Architect's liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. Architect shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Architect if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsultants. 12 H. Architect shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 14.2 The Owner may terminate this Contract without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of verification. ARTICLE XV ENTIRE AGREEMENT 15.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Architect will control. 15.2 A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE XVI DISPUTE RESOLUTION 16.1 County and Architect agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator [a] mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. 16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the location may be moved only by mutual agreement of the parties. 16.3 Agreements reached in mediation shall be reduced to writing and signed by the representative of each party; however agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. 16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from any court of competent jurisdiction ordering the parties to enter into mediation after institution of legal or equitable proceedings. 16.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a dispute which may arise under this Agreement. ARTICLE XVII Additional Requirements 17.1 The following items are part of this contract: a) Architect shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Architect pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Architect shall repay the monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the date the monies were paid to County. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be 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 Architect agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. The County and Architect agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution 14 of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Architect agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Architect agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non -prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Architect and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Architect and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Architect agree that all disputes and disagreements shall be attempted to be resolved under Section XVI of this agreement. If no resolution can be agreed upon within 30 days after mediation, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Architect agree to participate, to the extent required by the W other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Architect specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. Architect and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Architect or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Architect and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The Architect and County warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it 16 has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Architect agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The Architect and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Architect and County in conjunction with this Agreement; and the Architect shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. o) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the Architect and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Architect and the County agree that neither the Architect nor the County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity 17 or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Architect agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Americans with Disabilities Act of 1990 (ADA) and Florida Accessibility Code (FAC), current edition, whichever is required for the specific project. The Architect will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Architect pursuant thereto. v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Architect agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and the Architect and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 18 x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest-DANNY L. KOLHAGE, Clerk By:c Deputy Clerk WITNESS TO Architect's Signature: By: �:et f 1-Q 0 U) WITNESS Signature eE )JF- F- U)�sh��N Print Witness Name Date: 11— Z 6 - 09 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor/Chairman Date: i gZOq mb� (INSE NAME of /kr?hiiect) L0 Print Name of Corporate A ent Date: _ v= END OF AGREEMENT 19 SECTION FIVE INSURANCE REQUIREMENTS AND INDEMNIFICATION STATEMENT Insurance Requirement Worker's Compensation Employer's Liability General Liability Vehicle Liability Professional Liability Required Limits Statutory Limits $100,000/$500,000/$100,000 $100,000 Combined Single Limit $100,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate $500,000 per occurrence/ $1,000,000 Aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Consultant's failure to purchase or maintain the required insurance, the Architect/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that Architect/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Architect/Consultant is consideration for the indemnification provided for above. 20 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. I understand the insurance tl in full with all the requirem< GG1 h C , G Respondent ( f 21 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the Architect named below. The following deductibles apply to the corresponding policy. POLICY Professional #AEE7204502 General Liab #45SBAIO7008 Auto Liab #45SBAIO7088 Liability policies are X Occurrence Insurance Agency Selvaggio, Teske & Assocs., Inc. 3401 Enterprise Parkway, Suite 101 Beachwood, OH 44122 (216) 839-2800 v»onrc�e coij ly ov i DEDUCTIBLES $15,000 per claim (Claims -Made) No Deductible (Occurrence) No Deductible (Occurrence) X Claims Made �p Signature Print Name: Salena L. Simer 22 SECTION SIX COUNTY RESPONSE FORMS RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) 3"l`t Ayw 5 , zoo I have included: o The Response Form o Lobbying and Conflict of Interest Clause o Non -Collusion Affidavit V o Drug Free Workplace Form •/ o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement 1 o Professional and Occupational Licenses I have included a current copy of the following professional and occupational licenses: mb� 1 66 k4lav L1l*iM 466J MA(At L �(( eI On ro ern I i Genes (Chect mark items above, as a reminder that they are included.) Mailing Address: W1 "Ikb, A.J 4 W"/ Telep Date: Signet (Name) of,��aA (Title) 23 Witness: `tl Q R 2 t .)Ll in (Seal) RENEE WASHBURN NOTARY PUBLIC STATE OF OHIO Comm. Expires June 15, 2014 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and ma al o, in its discretion, deduct from the Agreement or purchase price, or otherwise co er, the full unt any fee, commission, percentage, gift, or consideration p ' to the foVe unty officer or employee". V Date: STATE OF: O �\ ( O COUNTY OF: C, 0 -nk 04 A Subscribed and sworn to (or affirmed) before me on U O V e mbs-r jL ZO , A00 9 (date) by S GO�& m f) -OIL-1E-j (name of affiant). /She is personally known tome or has produced • { p-1 V F— Z, LJ C EE AS £ as identification. (type of identification) 101RiAA� 0 Q• '�\�/j' 9 RENEE WASHBURN �� ? `:< NOTARY PUBLIC NOTARY PUBLIC STATE OF OHIO :O Comm. Expires My commission expiresu. June 15, 2014 E�F0 24 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: a1*1,11m!!:1.PAR M R H (Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person a t orized to sign the st ment, I certify that this firm complies fully with the above requir ents. A ( -—Respondent's Signature llITO IM Date 25 NON -COLLUSION AFFIDAVIT A _ of the city of e according to law on my oath, a d under penalty of perjury, depose and say that: I. I am � 1 f C C 6 Ay) A- tii�/ M of the firm of � 11 0 L42 Ck" l n C the bidder making the Proposal for the project described in the Request for Qualificat'ons or* �i r tj ey 1 rA% V 1AV.&� z . anat I executed the said proposal with full autho 'ty to do so: J 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 re tncting competition; 5. the stateme t contained in this affidavit are true and correct, and made with full knowl d e that Monro u relies upon the truth of the statements contained i his afarng contracts for said project. (Date) STATE OF: 6M In COUNTY OF: G lU PERSONALLY APPEARED BEFORE ME, the undersigned authority,S GO' (Ma WY*F-A who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of Q(3\3 I, mjz�F- I- 20C_') C1 . �P.• S�, NOTARY PUBLIC 0,\�. //j . 9 RENEE WASHBURN My Commission Expires: NOTARY PUBLIC ** STATE OF OHIO Comm. Expires June 15, 2014 26 F 6F IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Architect/Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect/Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Consultant's failure to purchase or maintain the required insurance, the Architect/Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect/Consultant, the Architect/Consultant agrees and warrants that Architect/Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($ l 0.00) of remuneration paid to the Architect/Consultant is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if azgarded the contract and will comply in full with all the requirements. ' J , sa-kc _ Respondent Si I�A b r �k��11 4� � �� Q I ►� 27 4C40RDr' CERTIFICATE OF LIABILITY INSURANCE OP IDSs DATE(MMDDIYYYY) �.•/ MBIK2-1 11/20/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Selvaggio, Teske 6 Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3401 Enterprise Pkwy. Ste. 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Beachwood OH 44122 Phone: 216-839-2800 Fax: 216-839-2815 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER Hartford Casualty Ins. Co. 29424 INSURER B. Hudson Insurance Company 25054 mbi-k2m Architecture, Inc. Spectrum Design Services Inc. j INSURER C. wsuRERO 3121 Bridge Avenue Cleveland OH 44113 INSURER E. COVERAGES THE POLFCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE M"EO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERIA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH 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 SHOVN MAY HAVE BEEN REDUCED BY PAID CLAIMS, RM LTR ADDL MRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM1DD POLICYEXPIRATION DATE ( UNSTS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A R OO FICIALGENERALLIABILITY 45SBAI07008 09/14/09 09/14/10 DAMAGE TO RENTED PREMISES (EAeae—) S 1,000,000 MED EXP (Airy one Peron) f 10,000 CLAIMS MADE a OCCUR PERSONAL S ADV INJURY f 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPIOP AGO S 2,000,000 PRO POLICY R JECT LOC A AUTOMOB0..E LIAB6JTY ANY AUTO 45SBAI07008 09/14/09 09/14/10 COMBINED SINGLE LIMIT (EioC° I s 1,000,000 BODILY INJURY (pe, q_) f ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY ("-0, _ HIRED AUTOS NONOWNED AUTOS X PROPERTY DAMAGE (Pere Cklemj f - GARAGE LIABAiry AUTO ONLY- EA ACCIDENT f OTHER THAN EA ACC f ANYAUTO f` f 11 `/;3 I/ AUTO ONLY: AGO EXCESS I UMBRELLA LIABILITY NJ EACH OCCURRENCE S 1,000,000 A X OCCUR CLAIMS MADE 45SRAI07008 09/14/09 09/14/10 AGGREGATE S 1,000,000 EXCLUDES f PROFESS. f DEDUCTIBLE f X RETENTION f 10,000 A WORKERS COMPENSATION AND EMPLOYERS'LIABMJT/ YIN ANY PR OPMETOR/PARTNEWEXECUTUE 45SBAI07008 09/14/09 09/14/10 WC STATU OTH- TORY LIMITS X ER EL EACH ACCIDENT S 1000000 OFFICERIMEMBER EXCLUDEDT E.L. DISEASE - EA EMPLOYEE f 1000000 (MwM.q In NI) OHIO STOP GAP If ySA. I* IL wltler SPECIAL PROVISIONS bebw E. L. DISEASE - POLICY LIMIT S 1000000 OTHER B Professional Liab AEE7204502 04/13/09 04/13/10 Ea Claim $3,000,000 Claims -Made I Aggregate $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECLU. PROVISIONS Certificate Holder and Additional Insured on all policies except Work Comp and Professional Liability, as required by contract. *30 Day Cancellation applies, except for 10-Day Notice for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MONR-04 DATE THEREOF, THE ISSUWO INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIMATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Monroe County IMPOSE NO OBLIGATION OR LLARLITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Board of County Commissioners REPRESENTATIVES. 1100 Simonton Street 140nrce C[fJl�r Aun oRlan ATNE Key West FL 33040 .Iw�g A - �f ACORD 25 (2009101) L C 1988-2009 ACORD CORPORATION. All rights reserved. The ACO n a '�`o are registered marks of ACORD 5 FCF;,,�Oy, - If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2009/01 ) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 MBI/K2M ARCHITECTURE INC 1001 WHITEHEAD STREET KEY WEST FL 33040 STATE OF FLORIDAAG# 4213617 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Cf F ES 8-10 NAL`,.'�R-EGthAT, Our professionals and businesses range from architects to yacht brokers, from , '7! boxers to barbeque restaurants, and they keep Florida's economy strong. D1/12/09 ',087043 Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myrfloridalleense.com. ARCHITECT :CORPORATION There you can find more information about our divisions and the regulations that INC impact you, subscribe to department newsletters and learn more about the Departments initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business In Florida, and congratulations on your new licenselder 25 CERTIFIED he provisions of,ch.48 1 FS FEB7.-,2 DETACH HERE AC# A 2 1 STATE OF FLORIDA v. �1� fxsf E, -'�AR�I.NEN T" AND- P'RO,F5ES EGUL C H11 F'F�UR 7CTE 4TER I OR-i DESIGN L0901I2.00462 DATE: W%TCH NUMM 'i� CENSE*PNBR7. 2— h f., J lk 7-r inide -4 -7. xpl. �E te FEB ot dT-�R$— �:STR,' V 10. 0 1 fV H"W'' I -3, P4 0 7 CY: s, 04, V �F J) �CTEAR ­R1V - -iZ-V EJJW- D MW 0 ,Z T E CRETAAY� 1A V, _!IA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 INGRAM, MICHAEL B 1001 WHITEHEAD STREET KEY WEST FL 33040 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. e �•.>,rxxu u u��� ARCHI3 (850) 487-1395 Our mission at the Department is: License Efficiently, Regulate Fairly,. We constantly strive to serve you better so that you can serve your customers, IS, LICENSEI der' the roIvissons of ch.481 Fs. Thank you for doing business in Florida, and congratulations on your new license! uneiva aFS$ 2 2Q11 149a11z00391 szpfribbii 8 , DETACH HERE ace 4 21- f� f (Ally, REGULATION ' �R DESIGN $EQ#L0�07.1200391 � STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN (850) 487-1395 1940 NORTH +&* TALLAHAMONROE STREET SSEE32399-0783 MALONEY, SCOTT CHRISTOPHER 2530 SUPERIOR AVENUE SUITE 302 CLEVELAND OR 44114 STA� of MORWA AC# 30'015 2 2 r DEPARTDEn OF BUSIARSS - AND: PROFESSIONAL REGULATION; AR93161 12/26/06 660429949 ARCHITECT` MALONEY,7�COTT CHRI6TOPHER IS LICENSED und*r thi.yrovivi=s of Ch.481 t9. .-2xpir*t1oa FEB'_ 281'2011 L06122600540 Or DETACH HERE AC# 3 O O 15 2 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE &' INTERIOR DESIGN ' SEWL06122600"540 Tne PKUMITSUT Named below IS LICENSED Under the provisions of Chapter:;48.1 FS. Expiration date: FEB 28,2011 f MALONEY SCOTT CHRISTOPHER:. 2530 SUkRIOR AVENUE SUITE 302 CLEVELAND OR 44114 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW SIMONE MARSTILLER SECRETARY ACC 4 23 4 51 O STATE OF FLORIDA DEPARTMENT.OF BUSINESS AND PROFESSIONAL REGULATION AOARD OF ARCHITICCTURE & YNTERICOR DESIGN Sr=Q# LD981270061fl 01/27/2009 j08.0340600 . IID500b The INTERIOR DSSIGM)k - - . Named below IS LICENSED'- Under the provisions of Chapter 481 FS. Expiration dates FEB 2$, 2011 SCHAFFRAN, K$LI,Z H 1518 4' SCARLET 'OAK.- TRAI ]t . STRONGSVILLE ON'.,44149 CHARLIE CRIST CHARLES W. DRAGO GOVERNOR DISPLAY AS RSQUIRED BY LAW SECRETARY EXHIBIT A The following is a listing of hourly rates assigned by staffing type for mbi I k2m Architecture, Inc. and only applies for Work authorized beyond that as defined in Appendix A. ARCHITECTURE Principal, Architect I $215.00 / hour Project Manager, Architect II $185.00 / hour Project Manager $120.00 / hour Construction Administration $120.00 / hour Project Coordinator $ 90.00 / hour Draftsman 11 $ 70.00 / hour Administration $ 55.00 / hour Intern $ 37.50 / hour INTERIOR DESIGN Principal $202.00 / hour Senior Designer $135.00 / hour Purchasing Agent $120.00 / hour Staff Designer/Designer $ 90.00 / hour Junior Designer $ 67.00 / hour Administrative $ 55.00 / hour SPECIAL SERVICES HARC or evening jurisdictional $300.00 / hour approval meetings e( -}OARt 7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Bulk Item: Yes X No Division: CAD Department: Social Services/Nutrition Staff Contact Person/Phone #:Ellen Caron 292-4522 AGENDA ITEM WORDING: Approval for Amendment 001 to Contract ARRA-929 between the Alliance for Aging, Inc. and Monroe County Social Services, which decreases the reimbursement amount for congregate meals by $8,381. ITEM BACKGROUND: On June 8, 2009 the Nutrition Department was awarded $62,004 under the American Recovery and Reinvestment Act. Contract ARRA-929 has provided additional congregate and home delivered meals to clients of the Nutrition Program and will end September 30, 2010, PREVIOUS RELEVANT BOCC ACTION: Approval of Contract ARRA-929 on 7/15/2009. CONTRACT/AGREEMENT CHANGES: Decreases the amount of funds reimbursed for Congregate Meals by $8,381. STAFF RECOMMENDATIONS: Approval TOTAL COST: $53 623 BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $5952 in -kind match SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X APPROVED BY: County Atty DOCUMENTATION: Included x DISPOSITION: Revised 7/09 American Recovery & Reinvestment Act AMOUNT PER MONTH AMOUNT PER YEAR OMB/Purchasing Risk Management Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging.. Inc. Contract #ARRA- 929 (Revised) Effective Date: May 1, 2009 Expiration Date: September 30, 2010 Contract Purpose/Description: To provide additional congregate and home delivered meals to the clients of the Nutrition Program under the American Recovery & Reimbursement Act Contract Manager: - Sheryl Graham 4510 Social Services/ Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on October 2O,2010 Agenda Deadline: October 5, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 53,623 Current Yea Budgeted? Yes® No r_1 Account Codes: 125-6155409- Grant: $ 53,623 125-6155509- County Match: $ 5952 in -kind match ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, r Portion:$ utilities, janitorial, salaries, etc. CONTRACT REVIEW DAte In Changes Needed Revtc�ver Date Out Division Director 6 YesF] No Risk Manag nt UrCVO.M.B./P sing No Yes Ef IC'YesM NoF71 County Attorney qZ'> a YesF_j Nom Comments: OMB Form Revised 2/27/01 MCP #2 Amendment 001 CONTRACT ARRA-929 Page 1 THIS AMENDMENT is entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and Monroe County Social Services. The purpose of this amendment is to decrease Title ARRA C1 by $8,381. The Budget Summary by Title is as follows: Title ARRA Cl: $ 24,254.00 Title ARRA C2: $ 29,369 1. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service(s) to be Provided Service Unit Rate Maximum Units of Service Maximum Dollars Congregate Meals $9.56 3,174 $21,965.00 Nutrition Education Congregate $381.5 6 $2,289.00 Home Delivered Meals $6.13 4,666 $28,605.00 Nutrition Education Home Delivered $382.00 2 $764.00 Total Contract $53,623.00 2. This amendment shall begin on September 1, 2010 or the date it has been signed by both parties, whichever is later. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract are hereby amended to conform with this amendment. This amendment is hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized. f�Zi1� 1N1 Monroe County Social Services. SIGNED BY: SIGNED BY: NAME: NAME: TITLE: TITLE: DATE: DATE: E C0IJNTY4=0N I 1 -ROVED ASIV ALLIANCE FOR AGING, INC. Max B. Rothman, JD, LL.M. President & CEO ''ASSISTANT COUPrY ATTORNEY' Date May 2009 ( 1) I . %( ,l. k i1�1 ,� ,) I#) 1 RCN i S C 4 1 ) AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) ELDERLY NUTRITION SERVICES CONTRACT THIS AGREEMENT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance" and "Monroe County Social Services", hereinafter interchangeably referred to as the "contractor" or the "sub -recipient." This contract is subject to further modification to incorporate certain pass -through language required by the State of Florida Department of Elder Affairs. All subsequent modifications will be made through amendments to this contract. WITNESSETH THAT: WHEREAS, the ALLIANCE has determined that it is in need of certain services as described herein; and WHEREAS, the Sub -recipient has demonstrated that it has the requisite expertise and ability to faithfully perform such services as an independent sub -recipient of the ALLIANCE. NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions hereinafter set forth, the Parties agree as follows: 1. Purpose of Contract The purpose of this contract is to provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which constitute the contract document. 2. Incorporation of Documents within the Contract The contract will incorporate attachments, relevant Florida Department of Elder Affairs, hereinafter referred to as (DOEA) handbooks, manuals or desk books, as an integral part of the contract, except to the extent that the contract explicitly provides to the contrary. In the event of conflict in language among any of the documents referenced above, the specific provisions and requirements of the contract document(s) shall prevail over inconsistent provisions in other general materials not specific to this contract document and identified attachments. 3. Term of Contract This contract shall commence on May I, 2009 or on the date on which the contract has been signed by the last party required to sign it, whichever is later and shall expire on September 30, 2010. WE , May 2009 4. Contract Amount The ALLIANCE agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $62.004.00, or the rate schedule, subject to the availability of funds. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: Service(s) to be Provided Service Unit Rate Maximum Units of Service Maximum Dollars Congregate Meals $9.56 3,174 $30.346.00 Nutrition Education Congregate $381.5 6 $2,289.00 Home Delivered Meals $6. l3 4,666 $28,605.00 Nutrition Education Home Delivered $382.00 2 $764 Total Contract $62,004.00 5. Compliance with Federal Law 5.1.1. The sub -recipient shall comply with the provisions of 45 CFR 74 and/or 45 CFR 92, and other applicable regulations. 5.1.2. If this contract contains federal funds and is over $100,000.00, the sub -recipient shall comply with all applicable standards, orders, or regulations issued under s. 306 of the Clean Air Act as amended (42 U.S.C. 7401, et seq.), s. 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.), Executive Order 11738, as amended, and where applicable Environmental Protection Agency regulations 40 CFR 30. The sub -recipient shall report any violations of the above to the THE ALLIANCE OR DOER. 5.1.3 The sub -recipient, or agent acting for the sub -recipient, may not use any federal fiends received in connection with this contract to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000.00, the sub -recipient must, prior to contract execution, complete the Certification Regarding Lobbying form, ATTACHMENT 1I. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager, prior to payment under this contract. 5.1.4. That if this contract contains $10.000.00 or more of federal funds. the sub -recipient shall comply xN ith Executive Order 11246, Equal Employment Opportunity, as amended by Executi%e Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR 60 and 45 CFR 92. if applicable. 5.L5. That if this contract contains federal funds and provides services to children up to age 18. the sub -recipient shall comply mth the Pro -Children Act of 1994 (20 U.S.C. 6081). 2,`49 May 2009 5.1.6. That a contract award with an amount expected to equal or exceed $25,000.00 and certain other contract awards shall not be made to parties listed on the government -wide Excluded Parties List System, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 and 12689. "Debarment and Suspension." The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The sub -recipient will comply with these provisions before doing business or entering into subcontracts receiving federal funds pursuant to this contract. The sub -recipient shall complete and sign ATTACHMENT V prior to the execution of this contract. 5.2. The sub -recipient shall not employ a known unauthorized alien. The THE ALLIANCE OR DOEA shall consider the employment of unauthorized aliens a violation of the Immigration and Nationality Act (8 U.S.C. 1324 a) and the Immigration Reform and Control Act of 1986 (8 U.S.C. 1101). Such violation shall be cause for unilateral cancellation of this contract by the THE ALLIANCE OR DOEA. 6. Compliance with State Law 6.1. Signatories acknowledge that this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. Requirements of s. 287.058, F.S. 6.2.1. The sub -recipient will provide units of deliverables, including reports, findings, and drafts, as specified in this contract, which the Alliance's Program Manager must receive and accept in writing prior to payment. 6.2.2. The sub -recipient will submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit. 6.2.3. If itemized payment for travel expenses is permitted in this contract, the sub -recipient will submit bills for any travel expenses in accordance with s. 1121.061, F.S., or at such lower rates as may be provided in this contract. 6.2.4. The sub -recipient will allow public access to all documents, papers, letters, or other public records as defined in subsection 1 19.01 1(12), F.S., made or received by the sub -recipient in conjunction with this contract except for those records which are made confidential or exempt by law. The sub -recipient's refusal to comply with this provision shall constitute an immediate breach of contract for which the THE ALLIANCE OR DOEA may unilaterally terminate the contract. 6.3. If clients are to be transported under this contract, the sub -recipient shall comply with the provisions of Chapter 427. F.S.. and Rule 41-2. F. A. C. 6.4. Sub -Recipient who are on the discriminatory vendor list may not transact business with anv Public entity, in accordance with the provisions of s. 287.134. F.S. 6.5. The sub -recipient will coniply x%ith the provisions of s. 11.062. F.S.. and s. 216.347. F.S.. «hich prohibit the expenditure of contract funds for the purpose of lobbying the legislature. judicial branch or a state agency. 3 '49 May 2009 12.1 The sub -recipient shall indemnify, save, defend, and hold harmless the ALLIANCE/DOEA and its agents and employees from any and all claims, demands, actions, causes of action of whatever nature or character, arising out of or by reason of the execution of this agreement or performance of the services provided for herein. It is understood and agreed that the sub - recipient is not required to indemnify the ALLIANCE OR DOEA for claims, demands, actions or causes of action arising solely out of the ALLIANCE OR DOEA's negligence. 12.2. Except to the extent permitted by s. 768.28, F.S., or other Florida law, paragraph 13.1 is not applicable to contracts executed between the ALLIANCE OR DOEA and state agencies or subdivisions defined in s. 768.28(2), F.S. 13. Insurance and Bonding 13.1. To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the sub -recipient accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the sub -recipient and the clients to be served under this contract. The limits of coverage under each policy maintained by the sub - recipient do not limit the sub -recipient's liability and obligations under this contract. The sub - recipient shall ensure that the ALLIANCE has the most current written verification of insurance coverage throughout the term of this contract. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The ALLIANCE OR DOEA reserves the right to require additional insurance as specified in this contract. 13.2. Throughout the term of this agreement, the sub -recipient agrees to maintain an insurance bond from a responsible commercial insurance company covering all officers, directors, employees and agents of the sub -recipient authorized to handle funds received or disbursed under all agreements and/or contracts incorporating this contract by reference in an amount commensurate with the funds handled, the degree of risk as determined by the insurance company and consistent with good business practices. 14. Confidentiality of Information The sub -recipient shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or federal law or regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 15. Health Insurance Portability and Accountability Act Where applicable, the sub -recipient will comply with the Health Insurance Portability and Accountability Act (42 USC I320d.). as well as all regulations promulgated thereunder (45 CFR 160. l61 and 164). 16. Incident Reporting 16.1 The sub -recipient shall notify the ALLIANCE immediately, but no later than fort, -eight (48) hours from. the sub -recipient's awareness or discovery of conditions that may materially 6,'49 May 2009 affect the sub -recipient or their subcontractor's ability to perform the services required to be performed under this contract. 16.2 To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the sub -recipient and its employees. 17. Sponsorship and Publicity 17.1 As required by s. 286.25, F.S., if the sub -recipient is a non -governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by "Contractor's Name the State of Florida, Department of Elder Affairs and The Alliance for Aging." If the sponsorship reference is in written material, the words "Alliance for Aging." and "State of Florida, Department of Elder Affairs" shall appear in at least the same size letters or type as the name of the Contractor's name . 17.2 The sub -recipient shall not use the words "Alliance for Aging, Inc." and "The State of Florida, Department of Elder Affairs" to indicate sponsorship of a program otherwise financed, unless, specific authorization has been obtained by the ALLIANCE OR DOEA prior to use. 18. Assignments 18.1. The sub -recipient shall not assign the rights and responsibilities under this Contract without the prior written approval of the ALLIANCE, which shall not be unreasonably withheld. Any sublicense, assignment, or transfer otherwise occurring without prior written approval of the ALLIANCE will constitute a material breach of the contract. 18.2. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida, upon giving prior written notice to the sub -recipient. In the event the State of Florida approves transfer of the sub -recipient's obligations, the sub -recipient remains responsible for all work performed and all expenses incurred in connection with the contract. 18.3. This contract shall remain binding upon the successors in interest of either the sub -recipient or the ALLIANCE. 19. Subcontracts 19.1 The sub -recipient is responsible for all work performed and for all commodities produced pursuant to this contract, whether actually furnished by the sub -recipient or their subcontractors. Any subcontracts shall be evidenced by a written document and subject to any conditions of approval the .ALLIANCE deems necessary. The sub -recipient f ether agrees that the ALLIANCE shall not be liable to their subcontractor in any way or for any reason. The sub -recipient, at its expense. will defend the ALLIANCE against any such claims. 19.2 The sub -recipient must pay their subcontractors vv ithin seven (7) working days after receipt of full or partial payments from ALLIANCE or other state agency. Failure to make payments to 7i49 May 2009 any subcontractor in accordance with s. 287.0585, F.S., unless otherwise stated in the contract between the sub -recipient and their subcontractor, will result in a penalty as provided by statute. 20. Independent Capacity of Sub -recipient It is the intent and understanding of the parties that the sub -recipient, or any of its subcontractors, are independent sub -recipients and are not employees of the ALLIANCE OR DOEA and shall not hold themselves out as employees or agents of the ALLIANCE OR DOEA without specific authorization from the ALLIANCE OR DOEA. It is the further intent and understanding of the parties that the ALLIANCE OR DOEA does not control the employment practices of the sub -recipient and shall not be liable for any wage and hour, employment discrimination, or other labor and employment claims against the sub -recipient or its subcontractors. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation finds and all necessary insurance for the sub - recipient shall be the sole responsibility of the sub -recipient. 21. Payment The ALLIANCE will pay the sub -recipient within seven (7) working days upon receipt of payment from the State of Florida, Department of Financial Services; provided a correct invoice is submitted by the due date. Requests for payment returned to the sub -recipient due to preparation errors or lack of supporting documentation must be resubmitted for the following request for payment cycle. 22. Return of Funds The sub -recipient will return to the ALLIANCE any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms and conditions of this contract that were disbursed to the sub -recipient by the ALLIANCE. In the event that the sub -recipient or its independent auditor discovers that an overpayment has been made, the sub -recipient shall repay said overpayment immediately without prior notification from the ALLIANCE. In the event that the ALLIANCE first discovers an overpayment has been made, the Contract Manager, on behalf of the ALLIANCE, will notify, the sub -recipient by letter of such findings. Should repayment not be made forthwith, the sub -recipient will be charged at the lawful rate of interest on the outstanding balance pursuant to s. 55.03, F.S., after ALLIANCE notification or sub -recipient discovery. 23. Data Integrity and Safeguarding Information The sub -recipient shall insure an appropriate level of data security for the information the sub - recipient is collecting or using in the perforinance of this contract. An appropriate level of security includes approving and tracking all sub -recipient employees that request system or information access and ensuring that user access has been removed from all terminated employees. The sub -recipient, among other requirements, must anticipate and prepare for the loss of information processing capabilities. All data and software must be routinely backed LIP to insure recover\ from losses or outages of the computer system. The security over the backed -up data is to be as stringent as the protection required of the primary systems. The sub -recipient shall insure all of their subcontractors maintain xNritten procedures for computer stistem back up and recovery. The sub -recipient shall complete and sign ATTACHMENT IV prior to the execution Of this contract. 8/49 May 2009 24. Conflict of Interest The sub -recipient will establish safeguards to prohibit employees, board members, management and their subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. No employee, officer or agent of the sub -recipient or their subcontractor's shall participate in selection, or in the award of an agreement supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of his/her immediate family; (c) his or her partner, or; (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The sub -recipient or their subcontractor's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The sub -recipient's board members and management must disclose to the ALLIANCE any relationship which may be, or may be perceived to be, a conflict of interest within thirty (30) calendar days of an individual's original appointment or placement in that position, or if the individual is serving as an incumbent, within thirty (30) calendar days of the commencement of this contract. The sub -recipient's employees and their subcontractors must make the same disclosures' described above to the sub -recipient's board of directors. Compliance with this provision will be monitored. 25. Public Entitv Crime Pursuant to s. 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the ALLIANCE OR DOEA. 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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a sub -recipient, 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 s. 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 26. Patents, Copyrights, Royalties If any discovery, invention or copyrightable material is developed or produced in the course of or as a result of work or services performed under this contract, the sub -recipient shall refer the discovery, invention or material to the ALLIANCE to be referred to the Department of State. Any and all patent rights or copyrights accruing under this contract are hereby reserved to the State of Florida in accordance with Chapter 286. F.S. 28. Emergency Preparedness and Continuity of Operations 28.1. If the tasks to be performed pursuant to this contract. include the ph} sical care and control of clients, or the administration and coordination of services necessarti for client health, safety or welfare, the sub -recipient shall, xtithin thirty (30) calendar days of the execution of this contract. submit to the ALLIANCE 4erification of an emergency preparedness plan. In the event of an emergency, the sub -recipient shall notify the ALLIANCE of emergence 9%49 May 2009 provisions. 28.2. In the event, a situation results in a cessation of services by a subcontractor, the sub -recipient will retain responsibility for performance under this contract and must follow procedures to ensure continuity of operations without interruption. 29. PUR 1000 Form The PUR 1000 Form is hereby incorporated by reference. In the event of any conflict between the PUR 1000 Form and any terms or conditions of this contract the terms or conditions of this contract shall take precedence over the PUR 1000 Form. However, if the conflicting terms or conditions in the PUR 1000 Form are required by any section of the Florida Statutes, the terms or conditions contained in the PUR 1000 Form shall take precedence. 30. Use of State Funds to Purchase or Improve Real Property Any state funds provided for the purchase of or improvements to real property are contingent upon the sub -recipient or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 31. Dispute Resolution Any dispute concerning performance of the contract shall be decided by the ALLIANCE, who shall reduce the decision to writing and serve a copy on the sub -recipient. 32. No Waiver of SovereiEn Immunity Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be applicable. 33. Venue If any dispute arises out of this contract, the venue of such legal recourse will be Dade County, Florida. 34. Entire Contract This contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the ALLIANCE or the sub - recipient unless expressly contained herein or by a written amendment to this contract signed by both parties. 35. Force Maieure Neither party shall be liable for any delays or failures in performance due to circumstances bexond its control, provided the party experiencing the force majeure condition provides immediate written notification to the other party and takes all reasonable efforts to cure the condition. 36. Severability Clause 10/49 May 2009 The parties agree that if a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision and shall remain in full force and effect. 37. Condition Precedent to Contract: Appropriations The parties agree that the Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Department of Elder Affairs 38. Addition/Deletion The parties agree that the ALLIANCE reserves the right to add or to delete any of the services required under this contract when deemed to be in the State's best interest and reduced to a written amendment signed by both parties. The parties shall negotiate compensation for any additional services added. 39. Waiver The delay or failure by the ALLIANCE to exercise or enforce any of its rights under this contract shall not constitute or be deemed a waiver of the ALLIANCE's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 40. Compliance The sub -recipient agrees to abide by all applicable current federal statutes, laws, rules and regulations as well as applicable current State statutes, laws, rules and regulations. The parties agree that failure of the sub -recipient to abide by these laws shall be deemed an event of default of the sub -recipient, and subject the contract to immediate, unilateral cancellation of the contract at the discretion of the ALLIANCE. 41. Final Invoice The sub -recipient shall submit the final invoice for payment to the ALLIANCE as specified in Paragraph 3.2.5 (date for final request for payment) of ATTACHMENT VIII. If the sub - recipient fails to submit final request for payment by the deadline, then all rights to payment may be forfeited and the ALLIANCE may not honor any requests submitted after the aforesaid tirne period. Any payment due under the terms of this contract may be withheld until all reports due from the sub -recipient and necessary adjustments thereto have been approved by the ALLIANCE. 42. Renezotiations or :Modifications Modifications of the provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both pat -ties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment \\ hen these have been established through the appropriations process and subsequentIN identified in the ALLIANCE's operating budget. 43. Termination 11149 May 2009 44.1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the ALLIANCE or the representative of the sub -recipient responsible for administration of the contract. 44.2. In the event funds for payment pursuant to this contract become unavailable, the ALLIANCE may terminate this contract upon no less than twenty-four (24) hours notice in writing to the sub -recipient. Said notice shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of delivery or by hand delivery to the ALLIANCE or the representative of the sub -recipient responsible for administration of the contract. The ALLIANCE shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the sub -recipient will be compensated for any work satisfactorily completed prior to the date of termination. 44.3. This contract may be terminated for cause upon no less than twenty-four (24) hours notice in writing to the sub -recipient. If applicable, the ALLIANCE may employ the default provisions in Rule 60A-1.006(3), F.A.C. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms and conditions of this contract. The provisions herein do not limit the ALLIANCE's or the sub -recipient's rights to remedies at law or in equity. 44.4 Failure to have performed any contractual obligations with the ALLIANCE in a manner satisfactory to the ALLIANCE will be a sufficient cause for termination. To be terminated as a sub -recipient under this provision, the sub -recipient must have (1) previously failed to satisfactorily perform in a contract with the ALLIANCE, been notified by the ALLIANCE of the unsatisfactory performance and failed to correct the unsatisfactory performance to the satisfaction of the ALLIANCE; or (2) had a contract terminated by the ALLIANCE for cause. 45. All Terms and Conditions Included This contract and its Attachments, I — X, A and B, and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations or agreements, either written or verbal between the parties. 12,49 May 2009 By signing this contract. the parties agree that they have read and agree to the entire contract. IN WITNESS THEREOF, the parties hereto have caused this 49 page contract, to be executed by their undersigned officials as duly authorized. Contractor: Monroe .,County Social Orqlai� NAME: George R. Neugent TITLE: Mayor/Chairman ALLIANCE FOR AGING, INC. 'RIGNED BY: NAME: Max B. Rothman, JD,LL.M. TITLE: President /CEO DATE:— July 15, 2009 DATE: LKr.ClMk )TY L'r ZDE P OUNTYAIAURN"' Y 0 AS T7 / y? PEbRO JNIL- A,SSISTAI� N AT R N E Y y L ale 13/49 ATACHMENT I NUTRTITION SERVICES STATEMENT OF WORK AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 SECTION 1: SERVICES TO BE PROVIDED 1.1 DEFINITIONS OF TERMS AND ACRONYMS 1.1.1 CONTRACT ACRONYMS AAA: Area Agency on Aging ARRA: American Recovery and Reinvestment Act of 2009 APCL: Assessed Priority Consumer List CIRTS: Client Information and Registration Tracking System DOEA: The Florida Department of Elder Affars OAA: Older Americans Act NSIP: Nutrition Services Incentive Program PSA: Planning and Service Areas WebDB: Web -based Database System 1.1.2 PROGRAM SPECIFIC TERMS American Recovery and Reinvestment Act of 2009: ARRA is purportedly an economic stimulus package enacted by the United States Congress and signed into law by the President on February 17, 2009. The act is intended to provide a stimulus to the U.S. economy and specifically provides assistance to those individuals affected by the recession. Assistance provided includes, but is not limited to: job creation, food program subsidies and the expansion of existing social service programs. Nutrition Services Incentive Program: The Nutrition Services incentive Program is intended to provide incentives for the effective delivery of nutritious meals to older individuals. NSIP is a cash allotment or commodity program that supplements funding or food used in meals served to eligible clients under the Older Americans Act. Florida has opted for cash payments in lieu ofdonated foods. 1.2 ALLIANCE FOR AGING (AAA) MISSION STATEMENT To foster optimal quality of life for elders and their families in kliami-Dade and Monroe Counties. 1.3 GENERAL DESCRIPTION 1.3.1 General Statement The American Recovery and Reinvestment Act (ARRA) enacted by Congress and signed into law by the President on February 17, 2009. is intended to preserve and create jobs. promote the nation's economic reco,ery. and assist those most impacted by the recession. Title 111 of the Older Americans Act makes available $97 million to State Units on Aging (SUA) to help meet the additional need and demand for meals. The primary purpose of the OAA. Title 11I-C program is to provide nutrition services for 14r'49 older Americans in order to help them maintain their health, independence and quality of life. The ARRA fiords will provide meals to seniors in need of food, restore nutrition services that have been cut; and increase the number of elder Floridians receiving congregate and home -delivered meals. 1.3.2 Authority The relevant references authority governing the ARRA program are: American Recovery and Reinvestment Act of 2009, P.L. 111-5 Older Americans Act of 2006, as amended; Rule 58A-1, Florida Administrative Code; and Section 430.101, Florida Statutes. 1.3.3 Scope of Service This contract is for nutritional services which shall be provided in compliance with the DOEA Programs and Services Handbook of 2008. American Recovery Act funding shall be used to supplement and augment, not supplant current congregate and home -delivered meals activity. The services shall be provided in a manner consistent with and described in the sub - recipient's response to the ARRA competitive solicitation of 2009 and the Department of Elder Affairs Programs and Services Handbook issued July 2008 ARRA monies under this contract can not be used to provide more than one meal per day to any customer, or to provide meals to customers already receiving meals from the contractor from any other funding sources. Any application for funding containing this provision will receive written clarification by a Contract Manager. 1.3.4 Incorporation of Program Materials The sub -recipient will comply with program requirements as outlined in the following documents, which are incorporated into this agreement by reference. OAA, Title III, Section 331, C-I Congregate Nutrition Services; OAA, Title III, Section 336, C-2 Home -Delivered Nutrition Services; DOEA Program Instructions for entering ARRA nutrition services in CIRTS; Notice of Award — ARRA 2009, Congregate Nutrition Services; and Notice of Award — ARRA 2009, Home -Delivered Nutrition Services. 1.3.5 Major Program Goals The major goals of the OAA, Title III C I and C2, Stimulus Program are to: Improve the quality of life for older individuals; Increase the number persons receiving congregate and home -delivered meals; Reduce hunger and food insecurity by addressing unmet needs in historically underserved communities: and Support Title III C nutrition services initiatives. including provision of meals and nutrition education. 1.4 INDIVIDtiALS TO BE SERVED 1.4.1 General Description 15i49 General factors that should be considered in establishing priority for ARRA Nutrition Services, both congregate and home -delivered, include those older persons who: Cannot afford to eat adequately; Lack the skills or knowledge to select and prepare nourishing and well-balanced meals; Have limited mobility which may impair their capacity to shop and cook for themselves; or Have a disabling illness or physical condition requiring nutritional support or have been screened at a high nutritional risk. Are at high risk of nutritional deficiency as indicated by the Nutrition Risk Screen. Are individuals that are socially isolated. 1.4.1.2 ARRA, Congregate Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I, Paragraph 1.4.1, individuals must be mobile, not homebound and physically, mentally and medically able to attend a congregate nutrition program. Individuals eligible to receive congregate meals include: Individuals age 60 or older; and Any spouse (regardless of age) who attends the dining center with his/her eligible spouse; Persons with a disability, regardless of age, who reside in a housing facility occupied primarily by older individuals where congregate nutrition services are provided; Disabled persons who reside at home with and accompany an eligible person to the dinin center; and Volunteers, regardless of age, who provide essential services on a regular meal times. 1.4.1.3 ARRA, Home -Delivered Nutrition Services In addition to meeting the general nutrition services eligibility requirements listed in ATTACHMENT I, Paragraph 1.4.1, individuals must be homebound and physically, mentally or medically unable to attend a congregate nutrition program. Individuals eligible to receive home -delivered meals include: Individuals age 60 or older who are frail and homebound by reason of illness, disability or isolation; The spouse of a homebound eligible individual, regardless of age, if the provision of the collateral meal supports maintaining the person at home; Individuals with disabilities, regardless of age. N�ho reside at home with eligible individuals and are dependent on them for care; and Persons at nutritional risk who have physical, emotional or behavioral conditions, which would make their presence at the congregate site inappropriate: and persons at nutritional risk who are socially or otherwise isolated and unable to attend a congregate nutrition site. 1.4.2 Targeted Groups Services shall be given to those not currently receiyint,� services. with the oreatest economic and social need, with particular attention to lovv-income older individuals 16/49 4 . living in the following Zip Codes: 33010, 33012, 33013, 33015, 33033, 33034, 33036, 33037, 33050, 33054, 33055, 33127, 33132, 33136.33134, 33135, 33139, 33140, 33147, 33160, 33161, 33,162, 33176, 33179 These areas have been identified in the Needs Assessment Report as underserved. ARRA funds will be used to increase the number of congregate and home -delivered meals served to targeted groups within the PSA and will restore jobs that may have been eliminated or reduced as a result of the economic downturn. 1.4.3 Contract Limits Eligible program participants shall be served during the agreement period beginning July 1,)and ending September 30, 2010. A sub -recipient receiving funds from the ARRA stimulus package must develop systems of internal and administrative control to both track and report expenditures relative to the receipt and use of the funds as well as ensuring that expenditures are properly authorized prior to submittal of requests for reimbursement. SECTION 2: MANNER OF SERVICE PROVISION 2.1 SERVICE TASKS The sub -recipient shall performed the following tasks: Client eligibility determination as listed in ATTACHMENT I, Paragraph 1.4; Targeting and screening of service delivery for new clients; Delivery of services to eligible clients in conformity with the DOER Programs and Services Handbook, 2008; Use of volunteers to expand the provision of available services; Documentation of the restoration of jobs that were eliminated or reduced as a result of the economic downturn; and Monitoring the performance of its subcontractors. 2.1.1 Targeting and Screening of Service Delivery for New Clients The sub -recipient shall develop and implement policies and procedures consistent with the OAA targeting and screening criteria for ARRA funded clients. 2.1.2 Delivery of Services to Eligible Clients The sub -recipient shall provide a continuum of services that meet the nutritional needs of elders. The sub -recipient shall perform and report the performance of services in accordance with Department of Elder Affairs Programs & Services Handbook. The services funded pursuant to this contract are in accordance with the ARRA and OAA, Title III sections 331 and 336. 2.1.2.1 Congregate :Nutrition Services Nutrition services are provided in congregate settings and are designed to reduce hunger and food insecurity, promote socialization and the health and well being of older individuals by assisting them to gain access to nutrition and other disease prevention and health promotion services. Services include: Congregate meals: Congregate meals screening: and Nutrition education and nutrition eounseliny. 17 /49 2.1.2.2 Home -Delivered Nutrition Services F-W943 FW 2.2.1 2.2.2 2.3 2.4 2.5 In -home nutrition services are provided to reduce hunger and food insecurity; promote socialization and the health and well being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services. Services include: Home -delivered meals; Nutrition education and counseling; and Screening/Assessment. Monitoring the Performance of Subsub-recipients The sub -recipient shall perform fiscal, administrative and programmatic monitoring of each subcontractor to ensure contractual compliance, fiscal accountability, programmatic performance, and compliance with applicable state and federal laws and regulations. The sub -recipient shall conduct at least one monitoring per year of each subcontractor. SERVICE LOCATION AND EQUIPMENT Service Times The sub -recipient shall ensure the provision of the services listed in the contract during normal business hours unless other times are more appropriate to meet the performance requirements of the contract, and it shall monitor its subcontractors to ensure they are available to provide services during hours responsive to client needs and during those times which best meet the needs of the relevant service community. Changes in Service Delivery Location or Service Times The sub -recipient shall provide the appropriate ALLIANCE program staff within 30 days notice of any plan temporarily or permanently changing any service delivery location or service times. Any changes to the service delivery location or service times must have the approval of the ALLIANCE's Executive Director. Equipment -NO EQUIPMENT WILL BE PURCHASED WITH THESE FUNDS DELIVERABLES Service Unit of Service Congregate and Home -Delivered Meals Meal Nutrition Education Episode Congregate meal screening Hour Screening and Assessment for Home delivered clients Hour Reports The sub -recipient is responsible for responding in a timely fashion to additional routine and/or special requests for information and reports required by the DOEAtALLIANCE. Flee sub -recipient must establish due dates for any subcontractors that permit the sub -recipient to meet the ALLIANCE's , DOEA 18/49 reporting requirements. CIRTS) Reports Client Information and Registration Tracking System 2.5.1 reports in the web -based CIRTS database The sub -recipient is required to use CIRTS s stem to ensure data accuracy. The report categories include: Y Client Reports; Monitoring Reports; Services Reports; Miscellaneous Reports; Fiscal Reports; Aging Resource Center Reports; and Outcome Measurement Reports. ck separately utilizing the above reports, the sub -recipient shall . The nutrition In addition to util g provided through '`Recovery Act" funding• shall be as those services which are p program CIRTS input codes to be used to track ARRA Program activity follows: ARRI — for all authorized congregate meals services; and ARR2 — for all authorized home -delivered meals services. 2.5.2 ARRA Services Reports t must submit detailed ARRA reports m accordance with the to ATTACHMENT I. Reports shall be The sub -recipient � of the month requirements set forth in Exhibit A subm itted with the request for reimbursement no later than the Ind day following the month being reported. ram (NSIP) Reports 2.5.3 Nutrition Services Incentive Prog Providers which serve Nutrition RA meal p ent for The sub -recipient shall ensure that AR Program (NSIP) eligible meals will seek NSIP reimbursem Services Incentive g eligible ARRA meals. Eligible meals are meals: re uirements, That meet the Older Americans Act (OAA) nutritionalq Are served by OAA providers: and Served to OAA eligible clients, ill be included oil the w11 ill ensure that ARRA eligible ea V, �I NSIp exenditure The sub -recipient monthly NSIP CIRTS report that is submitted with t1e i ll and requests for payment report. 2.5.3.4 Surplus/Deficit Report The sub -recipient will submit a consolidated surplus/deficit report in a format provided by the Alliance's Contract ?Manager by the 15"' of each month. This report is for all agreements and/or contracts between the sub -recipient and the ALLIANCE. The report shall include the following: 1) A list of all subcontractors and their current status regarding surplus/deficit; 2) The sub -recipient's detailed plan on how the surplus/deficit spending exceeding 1% will be resolved; 3) Input from the sub -recipient's Board of Directors on resolution of spending issues, if applicable; 4) Number of clients currently on Assessed Priority Consumer List (APCL) that receive a priority ranking score of 4 or 5; and 4) Number of clients currently on the APCL designated as Imminent Risk 2.6 Records and Documentation The sub -recipient will ensure the collection and maintenance of client and service information on a monthly basis from the CIRTS or any such system designated by the ALLIANCE OR DOEA. Maintenance includes valid exports and backups of all data and systems according to ALLIANCE OR DOEA standards. 2.6.1 Each sub -recipient and subcontractor, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The sub -recipient shall maintain written policies and procedures for computer system backup and recovery and shall have the same requirement in its contracts and/or agreements with subcontractors. These policies and procedures shall be made available to the ALLIANCE OR DOEA upon request. 2.6.2 Each sub -recipient and subcontractor, among other requirements, must maintain separate and distinct records of the use of ARRA funds, including the number of meals served, number of people served: and number of jobs created, retained or expanded from part-time to full-time in accordance with Exhibit A to ATTACHMENT L 2.7 PERFORMANCE SPECIFICATIONS 2.7.1 Outcomes and Outputs The sub -recipient shall timely submit to the ALLIANCE all reports described in ATTACHMENT I. Paragraph 2.5, REPORTS. The sub -recipient shall timely submit to the ALLIANCE all information described in :ATTACHMENT I. Paragraph 2.6, RECORDS AND DOCUMENTATION: 20/49 The sub -recipient shall ensure services in this contract are in accordance with Department of Elder Affairs Programs & Services Handbook and this contract. 2.7.2 Monitoring and Evaluation :Methodology The ALLIANCE OR DOER will review and evaluate the performance of the sub - recipient under the terms of this contract. Monitoring shall be conducted through direct contact with the sub -recipient through telephone, in writing, or an on -site visit. The ALLIANCE's determination of acceptable performance shall be conclusive. The sub -recipient agrees to cooperate with the ALLIANCE OR DOEA in monitoring the progress of completion of the service tasks and deliverables. 2.8 SUB -RECIPIENT'S FINANCIAL OBLIGATION 2.8.1 Matching, Level of Effort, and Earmarking Requirement The sub -recipient will assure a match requirement of at least 10 percent of the cost for all services is provided with this contract. The subcontractor's match will be made in the form of cash and/or in -kind resources. Match must be reported by service each month. At the end of the contract period, all ARRA funds must be properly matched. Use of other federal program dollars cannot be used to match ARRA funds. 2.8.2 Consumer Contributions The sub -recipient assures compliance with Section 315 of the Older Americans Act as amended in 2006, in regard to consumer contributions; Voluntary contributions are not to be used for cost sharing or matching; Accumulated voluntary contributions are to be used prior to requesting federal reimbursement; and Voluntary contributions are to be used only to expand services. 2.8.3 The sub -recipient agrees to distribute funds as detailed in the application and the Budget Summary, ATTACHMENT VII to this contract. Any changes in the amount of federal fiends identified on the Budget Summary form require a contract amendment. 2.8.4 ARRA Fund Limitations ARRA funds for nutrition services for the elderly are time -limited and do not include any recurring funding beyond the grant period. All ARRA grant funds must be budgeted in the same congregate or home -delivered meal category as awarded. ARRA funds are primarily to be used to increase the number of eligible clients receiving congregate and home -delivered meals. The sub -recipient shall ensure that they have plans in place for client service provision and state transition after the ARRA {grant period ends. 29 ALLIANCE RESPONSIBILITIES 2.9.1 Program Guidance and Technical Assistance 21144 The ALLIANCE will provide to the sub -recipient guidance and technical assistance as needed to ensure the successful fulfillment of the contract by the sub -recipient. 2.9.2 Contract Monitoring The ALLIANCE OR DOEA shall, at its own discretion, conduct monitoring concerning any aspect of the sub -recipient's performance of this contract. 22/49 SECTION III: METHOD OF PAYMENT 3.1 STATEMENT OF METHOD OF PAYMENT For non-profit contractors this is a cost reimbursement/fixed rate contract. Otherwise it is a fixed price contract. The ALLIANCE agrees to pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $XXXXX.ZZ, subject to the availability of funds. 3.2 REQUESTS FOR PAYMENT The sub -recipient shall consolidate all requests for payment from subcontractors and expenditure reports that support requests for payment and shall submit to the ALLIANCE on forms 105ARR1 (ATTACHMENT IX -A), 105ARR2 (ATTACHMENT IX-B), 106ARRA (ATTACHMENT X). Duplication or replication of both forms via data processing equipment is permissible, provided all data elements are in the same format as included on DOEA forms. 3.2.1 The due date for the request for reimbursement and report(s) shall be no later than the 2nd day of the month following the month being reported. 3.2.2 All payment requests shall be based on the submission of actual monthly expenditure reports beginning with the first month of the contract. 3.2.3 Any payment due by the ALLIANCE under the terms of this contract may be withheld pending the receipt and approval of all financial and programmatic reports due from the sub -recipient and any adjustments thereto, including any disallowance not resolved as outlined in Paragraph 21 of this contract. 3.2.4. Payment may be authorized only for allowable expenditures, which are in accordance with the limits specified in ATTACHMENT VII, Budget Summary. Any changes in the amounts of federal or general revenue funds identified on the Budget Summary form require a contract amendment. 3.2.5 Date for Final Request for Payment The final request for payment will be due to the ALLIANCE no later than November 3 2010. 3.2.6 Documentation for Payment The sub -recipient shall maintain documentation to support payment requests that shall be available to the ALLIANCE OR DOEA or authorized individuals. such as Department of Financial Services. upon request. 3.2.7 The sub -recipient shall ensure subcontractors enter all required data per the DOEA's CIRTS Policy Guidelines for clients and services in the CIRTS database. Data must be entered into CIRTS before the subcontractors submit their request for pa}ment and expenditure reports to the sub-recipicnt. The sub -recipient shall establish time frames to assure compliance with due dates for the requests for payment and 23/49 expenditure reports to the ALLIANCE. 3.2.8 The sub -recipient will require subcontractors to run monthly CIRTS reports and verify that client and service data in CIRTS is accurate. This report must be submitted to the sub -recipient with the monthly request for payment and expenditure report and must be reviewed by the sub -recipient before the subcontractor's request can be approved by the sub -recipient. 4/49 ATTACHMENT H CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress, or an officer or employee of the state legislator, in connection with the awarding of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more th#h $100,000.00 for each such failure. BOARD Oir COUNTY COMMISS S OF MON COUNTY, FLQRID By; ; George lKugent, Mayor JUL 1 5 2009 Date (SEAL) ATTEST: DANNY L. KO AGE, CLERK DEPUTY CLERK Name of Authorized Individual George Neugent, Mayor Application or Agreement Number AARA-929 (Revised) Board of County Commissioners of Monroe County, FL Name and Address of Organization Monroe County Social Services 1100 Simonton Street Key West, FL 33040 DOEAForm 103 (Revised Nov2002) MONROE COUNTY ATTORNEY PPR VED AS TO FORM: CRAISf : M. LIMBERT-BARROWS 25%49 ASSISTAt}1��4OlJNTY ATTORNEY Date �{�'{�' JJ:� ATTACHMENT III FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by ALLIANCE to the sub -recipient may be subject to audits and/or monitoring by THE ALLIANCE OR DOEA, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see '`AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by the THE ALLIANCE OR DOEA staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the sub -recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the THE ALLIANCE OR DOEA. In the event THE ALLIANCE OR DOEA determines that a limited scope audit of the sub -recipient is appropriate, the sub -recipient agrees to comply with any additional instructions provided by THE ALLIANCE OR DOEA to the sub -recipient regarding such audit. The sub -recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the sub -recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the sub -recipient expends $500,000.00 or more in Federal awards during its fiscal year, the sub -recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through THE ALLIANCE OR DOEA by this agreement. In determining the Federal awards expended in its fiscal year, the sub -recipient shall consider all sources of Federal awards, including Federal resources received from THE ALLIANCE OR DOEA. 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 sub -recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1, the sub -recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. as revised. If the sub -recipient expends less than $500,000.00 in Federal awards in its fiscal year. an audit conducted in accordance with the provisions of O'�1B Circular A-133, as revised. is not required. In the event that the sub -recipient expends less than $500.000.00 in Federal awards in its fiscal tear and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. the cost of the audit must be paid from non -Federal resources (i.e.. the cost of such audit must be paid from sub -recipient resources obtained from other than Federal entities.) An audit conducted in accordance tivith this part shall cover the entire organization for the organizatioWs fiscal year. Compliance findings related to agreements with THE ALLIANCE OR DOEA shall be based on the a4-reement's requirements. including any rules. regulations. or statutes referenced in the agreement. 26 `49 The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to THE ALLIANCE OR DOEA shall be fully disclosed in the audit report with reference to THE ALLIANCE OR DOEA agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with THE ALLIANCE OR DOEA in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the sub -recipient's fiscal year end. PART II: STATE FUNDED This part is applicable if the sub -recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the sub -recipient expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year .of such sub -recipient (for fiscal years ending September 30, 2004 or thereafter), the sub -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. EXHIBIT I to this agreement indicates state financial assistance awarded through the THE ALLIANCE OR DOER by this agreement. In determining the state financial assistance expended in its fiscal year, the sub -recipient shall consider all sources of state financial assistance, including state financial assistance received from the THE ALLIANCE OR DOER, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the sub -recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the sub -recipient expends less than $500,000.00 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the sub -recipient expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the sub -recipient resources obtained from other than State entities). An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with THE ALLIANCE OR DOEA shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to THE ALLIANCE OR DOEA shall be full\- disclosed in the audit report with reference to THE ALLIANCE OR DOEA agreement involved. r If not otherwise disclosed as required by Rule 691-5.003. Fla. Admin. Code. the schedule of expenditures of state financial assistance shall identif}, expenditures b\- agreement number for each agreement with THE ALLIANCE OR DOER in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report. but no later than 12 months after the sub - recipient's fiscal tear end for local governmental entities. Non-profit or for -profit organizations are 2 7I49 required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the sub -recipient's fiscal year end. Notwithstanding the applicability of this portion, THE ALLIANCE OR DOEA retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the sub -recipient directly' to each of the following: The Alliance for Aging, Inc. at each of the following addresses: Alliance for Aging, Inc. Attn: Carlos Lahitte 9500 South Dadeland Boulevard, Suite 400 Miami, Fl. 33186 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 101h Street Jeffersonville, IN 47132 Any reports, management letter, or other information required to be submitted to the Alliance for Aging,inc pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Sub -recipients, when submitting financial reporting packages to the Alliance for Aging, In for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations). Rules of the .Auditor General, should indicate the date that the reporting package was delivered to the sub -recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The sub -recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of sit years fi-om the date the audit report is issued. and shall allow the THE ALLIANCE OR DOEA or its designee. the CFO or Auditor General access to such records upon request. The sub -recipient shall ensure that audit «orking papers are made available to the THE ALLIANCE OR 28/49 DOEA, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the THE ALLIANCE OR DOEA. 29/49 ATTACHMENT III EXHIBIT — 1 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SERVICE PROGRAM FUNDING CFDA UNITS UNIT AMOUNT TITLE SOURCE RATE OAA Title III C I (ARRA) Department of Health and Congregate Congregate Human Meals Meals Services 93.707 0 $0 $32,635.00 OAA Title III C2 (ARRA) Department of Health and Home Delivered Home Delivered Human Meals Meals Services 93.705 0 $0 $29,369.00 TOTAL FEDERAL AWARD $62,004.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS 30 49 CTATF FTNANf TAT, ACCiCTAZi(F CTiR.TFf T T(l Car 11407 F C PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT I i i TOTAL AWARD $0 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 31 /49 ATTACHMENT III EXHIBIT-2 PART 1: AUDIT RELATIONSHIP DETERMINATION Sub -recipients who receive state or federal resources may or may not be subject to the audit requirements of Oi41B Circular A-133, as revised, and.'or Section 215.97, Fla. Stat. Sub -recipients who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part 1 and/or Part 11 of Exhibit I are met. Sub -recipients who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, an&or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, sub -recipients who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, sub -recipient has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S. X, Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S. NOTE: If a sub -recipient is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by the DOEA/ALLIANCE to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), FAC [state financial assistance] and Section — .400 OMB Circular A-133 [federal awards]. PART 11: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Sub -recipients who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)* e OMB Circular A-102 — Administrative Requirements c OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations VON -PROFIT ORGANIZATIONS :MUST FOLLOW: CFR Part 230 Cost Principles for Non -Profit Organizations (Formerly O.MB Circular A-122 — Cost Principles)* 2 CFR Part 215 Administrative Requirements (Formerly 0i013 Circular A-1 10 — Administrative Requirements) 32/49 o OMB Circular A-133 —Audit Requirements o Reference Guide for State Expenditures o Other fiscal requirements set forth in program laws, rules and regulations • EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: c 2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 —Cost Principles-- Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix 1) 0 2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-1 10 —Administrative Requirements) o OMB Circular A-133 — Audit Requirements o Reference Guide for State Expenditures o Other fiscal requirements set forth in program laws, rules and regulations • STATE FINANCIAL ASSISTANCE. Sub -recipients who receive state financial assistance and who are determined to be a recipient/subrecipient, must comply with the following fiscal laws, rules and regulations: o Section 215.97, Fla. Stat. o Chapter 691-5, Fla. Admin. Code o State Projects Compliance Supplement o Reference Guide for State Expenditures o Other fiscal requirements set forth in program laws, rules and regulations n I j _3149 ATTACHMENT IV CERTIFICATION REGARDING DATA INTEGRITY COMPLIANCE FOR AGREEMENTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned, an authorized representative of the sub -recipient named in the contract or agreement to which this form is an attachment, hereby certifies that: (1) The sub -recipient and any sub -recipients of services under this contract have financial management systems capable of providing certain information, including: (1) accurate, current, and complete disclosure of the financial results of each grant -funded project or program in accordance with the prescribed reporting requirements; (2) the source and application of funds for all agreement supported activities; and (3) the comparison of outlays with budgeted amounts for each award. The inability to process information in accordance with these requirements could result in a return of grant funds that have not been accounted for properly. (2) Management Information Systems used by the sub -recipient, sub-recipient(s), or any outside entity on which the sub -recipient is dependent for data that is to be reported, transmitted or calculated, have been assessed and verified to be capable of processing data accurately, including year -date dependent data. For those systems identified to be non -compliant, sub-recipient(s) will take immediate action to assure data integrity. (3) If this contract includes the provision of hardware, software, firmware, microcode or imbedded chip technology, the undersigned warrants that these products are capable of processing year -date dependent data accurately. All versions of these products offered by the sub -recipient (represented by the undersigned) and purchased by the State will be verified for accuracy and integrity of data prior to transfer. In the event of any decrease in functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating properly, the sub -recipient agrees to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein, at no charge to the State, and without interruption to the ongoing business of the state, time being of the essence. (4) The sub -recipient and any sub-recipient(s) of services under this contract warrant their policies and procedures include a disaster plan to provide for service delivery to continue in case of an emergency including emergencies arising from data integrity compliance issues. The sub -recipient shall require that the language of this certification be included in all subagreements, subgrants, and other agreements and that all sub -recipients shall certify, compliance accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by OMB Circulars A-102 and 2 CFR Part 215 (formerly OMB Circular A-1 10). 3 �`49 Provider Name Monroe County Social Services Address 1100 Simonton Street CitY, State, Zip Key West, FL 33040 BOARD OF C TY COMMISSI OIZFMONAROEUNTY, FLORIR)T'.'�31:�Ay.r JUL 1 5 2009 B lie e org ue orge Neug,ent U Signature Title Date Name of Authorized Signer George Neugent, Mayor Board of County Commissioners of Monroe County, Florida (Revised June 2008) (SEAL) ATTEST: DANNY L. KTAGE, CLERK DEP Y CLERK MONROE COUNTY ATTORNEY -APPROVED AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTjTT COUNTY ATTORNEY Date '�21L4t)9' 35/49 .t 1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS The prospective sub -recipient certifies, by signing this certification, neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Where the certification, BOARD OF OF MONRO: By: / George N Signature ,e sub -recipient is unable to certify to any of the staterWW6iOjjirOUNTY ATTORNEY pective p ipant shall attach an explanation to this certification. A P PR O V A S TO F O / R/y M, :�j �Lr ? _ F=715aa11 COMMISSIO RIST E Ni. LIhABERT-EiARROWS , FLOR ASSISTA T COUNTY ATTORNEY JUL 1 5 2009 Gate I I eu nt, Mayor Date Agency/Organization Monroe County Social Services (Certification signature should be same as Contract signature.) Instructions for Certification (SEAL) ATTEST: 'DANNY L `KOUIAGE, CLERK DEP CLERK The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "person," "primary covered transaction," and "voluntarily excluded," as used herein, have the meanings set out in the sections of rules implementing Executive Ordcr 12549. (2 CFR 180.5-1$0.1020, as supplemented by 2 CFR 376.10-376.995). You may contact the Contract Manager for assistance in obtaining a copy of those regulations. This certification is a material representation of facts upon which reliance was placed when the parties entered into this transaction. If it is later determined that the sub -recipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal. government, THE ALLIANCE OR DOEA may pursue available remedies, including suspension and/or debarment. The sub -recipient will provide immediate written notice to the Contract Manager if at any time the sub -recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The sub -recipient may decide the method and frequency by which it determines the eligibility of its principals. Each participant to a lower tier covered transaction may, but is not required to, check the Excluded Parties List System (EPLS). The sub -recipient will include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in all its lower tier covered transactions and in all solicitations for lower tier covered transactions. The sub -recipient agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation, unless otherwise authorized by the federal government. 36/49 If the sub -recipient knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the THE ALLIANCE OR DOEA may pursue available remedies, including suspension, andi'or debarment. The sub -recipient may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. (Revised Jun 2008) 3 7/49 ATTACHMENT VI ASSURANCES —NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. l . Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.,4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S.C., 794), which prohibits discrimination on the basis of handicaps: (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.. 6101-6107). which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616). as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g), 523 and 527 of the Public Health Service act of 1912 (42 U.S.C., 290 dd-3 and 290 ee 3). as amended, relating to confidentiality of alcohol and drug abuse patient records: (h) Title Vil I of the Civil Rights Act of 1968 (42 U.S.C., 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and (j} the requirements of and other nondiscrimination statute(s) which may apply to the application. ill compl}. or has already complied. with the requirements of Titles 11 and Ill 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. 3849 These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C.. 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C., 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C.. 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000.00 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 1 1514; (b) notification of violating facilities pursuant to EO 1 1738; (c) protection of wetlands pursuant to EO 1 1990; (d) evaluation of flood hazards in floodplains in accordance with EO 1 1988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C., 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C.,7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C..1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C., 470), EO 115931 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.,469a-I et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.,2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.,4801 et seq.), which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18. \k ill comply %N ith all applicable requirements of all other Federal laws. executive orders, regulations and policies governing this program. 39i49 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT GAN1ZATIONU Monroe ounty Social Services 1100 Simonton Street Key West, FL 33040 TITLE George Neugent, Mayor Board of County Commissioners of Monroe County, Florida JUL 1 5 2009 (SEAL) ATTEST. W L. KOLH GE, CLERK 6 'V-4- DEPU CLERK ...•AffUMIC61 a CHRISTINE M. LIMBERT-BARROWS ASSIST T COUNTYATTORNEY Date �o?14L)Q ATTACHMENT VII ALLIANCE FOR AGING, INC. AMERICAN RECOVERY AND REINVESTMENT ACT THREE-MONTH BUDGET SUMMARY Congregate Meals $0 Home Delivered Meals $60 Total 1 $0 41049 ATTACHMENT VIII CONTRACT REPORT CALENDAR COST REIMBliRSEMENT BASIS CONTRACT Report Based On Submit to the ALLIANCE on this Date I May Expenditure Report June 2, 2009 2 June Expenditure Report July 2, 2009 I 3 July Expenditure Report August 2, 2009 4 August Expenditure Report September 2, 2009 5 September Expenditure Report October 2, 2009 6 October Expenditure Report November 1, 2009 7 November Expenditure Report December 2, 2009 8 December Expenditure Report January 2, 2010 9 January Expenditure Report February 3, 2010 10 February Expenditure Report March 3, 2010 11 March Expenditure Report Aril 3, 2010 12 Aril Expenditure Report May 2, 2010 13 May Expenditure Report June 2, 2010 14 June Expenditure Report July 2, 2010 15 July Expenditure Report August 1, 2010 16 August Expenditure Report September 2, 2010 17 September Expenditure Report October 2, 2010 18 Final Expenditure and Closeout Report November 3, 2010 42149 ATTACHMENT IX -A OLDER AMERICANS ACT RECEIPTS AND EXPENDITURE REPORT American Recovery and Reinvestment Act PROVIDER NAME, ADDRESS, PHONE# AND FEID# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD: ARR1 From To Report # Contract # PSA # CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by: Date : Approved by: Date: PART A: BUDGETED INCOME/ RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. Federal Funds $0.00 $0.00 $0.00 % 2. Program Income $0.00 $0.00 $0.00 % 3. Local Cashtlnkind Match -10% Required $0.00 $0.00 $0.00 % 4. TOTAL RECEIPTS $0.00 $0.00 $0.00 % PART B : EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Nutrition Education $0.00 $0.00 $0.00 % 2. Nutrition Counseling $0.00 $0.00 $0.00 % 3. Congregate Meals $0.00 $0.00 $0.00 % 4. Congregate Meals Screening $0.00 $0.00 $0.00 % 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 % PART C OTHER EXPENDITURES 1. Approved 2. Expenditures 3, Expenditures 4. Percent of tFor Tracking Purposes only) Budget For This Report Year to Date Expenditures 1. Match - 10% Required a. Other and In -Kind S0.00 S0.00 S0.00 % b. Local Match S0.00 S0.00 S0.00 r 2. NSIP Cash Received S0.00 S0.00 S0.00 0 3. TOTAL OTHER S0.00 S0 00 S0.00 to DOEA FORM 105ARR1 04,09 43/49 ATTACHMENT IX-B OLDER AMERICANS ACT RECEIPTS AND EXPENDITURE REPORT American Recovery and Reinvestment Act PROVIDER NAME, ADDRESS, PHONE#ANDFEID# PROGRAM FUNDING SOURCE: THIS REQUEST PERIOD: ARR2 From TO Report # Contract # IPSA# CERTIFICATION: I certify to the best of my knowledge and belief that this report is compete and all outlays herein are for purposes set forth in the contract. Prepared by: Date:_ Approved by: Date PART A: BUDGETED INCOME/ RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of Budget For This Report Year to Date Approved Budget 1. Federal Funds $0.00 $0.00 $0.00 % 2. Program Income $0.00 $0.00 $0.00 % 3. Local Cash/Inkind Match -10% Required $0.00 $0,00 $0.00 % 4. TOTAL RECEIPTS $0.00 $0.00 $0.00 % PART B: EXPENDITURES 1. Approved 2. Expenditures 3. Expenditures 4. Percent of Budget For This Report Year to Date Approved Budget 1. Nutrition Education $0.00 $0.00 $0.00 % 2. Nutrition Counseling $0.00 $0.00 $a00 % 3. Home Delivered Meals $0.00 $0.00 $G00 % 4, Screening and Assessment $0.00 $0.00 $a00 % 5. TOTAL EXPENDITURES $0.00 $0.00 $0.00 % PART C: OTHER EXPENDITURES 1 Approved 2. Expenditures 3. Expenditures 4. Percent of (For Tracking Purposes only) Budget For This Report Year to Date Approved Budget 1. Match - 10% Required a, Other and In -Kind $0,00 $0.00 $0.00 % b. Local Match $0,00 $0.00 S0,00 % Z NSIP Cash Received KOO S0.00 S0,00 % 3. TOTAL OTHER S0,00 $0,00 S0,00 1/0 DOEA FORM 1 055ARR2 04,09 44/49 ATTACHMENT X OLDER AMERICANS ACT REQUEST FOR PAYMENT American Recovery and Reinvestrnent Ad PROM DER NAM, ADDRESS, PHONE# AND FEID# TYPE OF REPORT: THIS REQUEST PERIOD. Reimbursement From TO Report # Contract # PSA# CERTIFICATION: I certify to the best of my kraMedge and belief that this report is complete and all outlays herein are for purposes set forth in the contract. Prepared by: —Date: Approved by: —Date PART A. BUDGET SUMMARY ARR1 ARR2 TOTAL 1. Approved Agreement Arrant $0.00 $0.00 $0,00 2. Previous Funds Received for Agreement Period $0.00 $0.00 $0.00 3. Agreement Balance $0.00 $0.00 $0.00 4. Previous Funds Requested for Agreement Period $0.00 $0.00 $0.00 5. Agreement Balance $0.00 $0.00 $0.00 PART B: EXPENDITURES 1. W Expenditures for the Month WOO $0.00 WOO 2. TOTAL EXPENDITURES $0.00 $0.00 $0.00 PART C: FUNDS REQUESTED 1, Funds. Requested $0.00 $0,00 $OLOO 2 NET FUNDS REQUESTED $OLOO $0,00 $0'00 45/149 46149 1i7 C Q a�i N c° 0 a) - m t- 4) as Q— L Cag C pxCa' 'a �� oQE QC 0 d o:0 0 -0O 4) 0 .>C v O a) aE E Cu L) C C p p Nw 2 o t) F—E 4) Q O N (p -a0'a"� a) a) p C ap a) O c Q:CLL. Q� �o Q�.C>>�E Q�C�>5 E Q y a) O a) x 6-� a) •� Q O c_ c E Q 95 a) E 2 Q a) a) (� Q. 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Z 0 E .0 4) .04) E Z © 4) (D C o 0 o E 0 t (D 0 CL v 0 0 r- CL E 16 Z 0 0 o Q) tn 0 CL LL C) 0 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/20/10-10/21/10 Division: CAD Bulk Item: Yes x No — Department: Social Services/Nutrition Staff Contact Person/Phone #: Ellen Caron X4522 AGENDA ITEM WORDING: Request approval of Contract US-1151 between the Alliance for Aging, Inc. and Monroe County Board of County Commissioners for congregate and home delivered meals — MC Nutrition Program. ITEM BACKGROUND: This contract allows for reimbursement to the County for congregate and home delivered meals provided to clients of the Nutrition Program. PREVIOUS RELEVANT BOCC ACTION: Approval of Contract US - 1051 on October 21, 2009. CONTRACT/AGREEMENT CHANGES: New Contract effective 10/l/I 0-09/30/2011. STAFF RECOMMENDATIONS: Approval TOTAL COST: $32,685 BUDGETED: Yes X—No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: Older Americans Act — USDA REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing — Risk Management DOCUMENTATION: Included x Not Required_ DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract 4US - 1151 Effective Date: October 1, 2010 Expiration Date: September 30, 2011 Contract Purpose/Description: Reimburses the County for congregate and home delivered meals provided to the clients of the Monroe County Nutrition Program. Contract Manager: Sheryl Graham 4510 Social Services/ Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on October 2O,2010 Agenda Deadline: October 5, 2010 Total Dollar Value of Contract Budgeted? Yes® No❑ Grant: $ 32,685 County Match: $ M CONTRACT COSTS $ 32,685 Current Ye Account Codes: 125-6153110- 125-6153210- 125-6153111- 125-6153211- ADDITIONAL COSTS Estimated Ongoing Costs: $-/Yr (Not included in dollar value above) For: ar Portion: $ maintenance, utilities, janitorial, salaries, etc CONTRACT REVIEW Changes Date Out Date In, Division Director l Needed eviewe YesF-j No[D' G D-, Risk Mana I 06" No---' YesF I I jent O.M.B./Pur iV9 YesF-1 Nol/1' County Attorney YesF� No A0, Comments: OMB Form Revised 2/27/0 1 MCP H2 Contract Number US-1151 NUTRITION SERVICES INCENTIVE PROGRAM 2010-2011 CONTRACT THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners, hereinafter referred to as the "recipient The total amount and the reimbursement rate included in this initial contract are subject to change based on the official funding allocation and unit reimbursement rate is published by DOEA. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287, Florida Statutes: These requirements are herein incorporated by reference. C. Final Request for Payment: The Recipient must submit the final request for payment to the Alliance no more than 30 days after the contract ends or is terminated; if the Recipient fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Recipient, and necessary adjustments thereto, have been approved by the Alliance. D. Additional Reporting Requirements: 1. If the Alliance has sanctioned the recipient, while the sanctions are in effect the recipient shall provide to the Alliance, on a monthly basis, the recipient's financial statements that reflect the current, un-audited revenues and expenditures and the recipient's cash position as well as any other documentation that may be requested by the Alliance. 2. If the recipient is required to prepare a corrective action plan, supporting documentation as requested by the Alliance shall be provided. 11. The Alliance Agrees: A. Contract Amount: To pay for services according to the conditions of Attachment I in an amount not to exceed $32,685.00, subject to the availability of funds. Contract Number US-1151 B. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature and passed through the Department of Elder Affairs. C. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consist of the following: Program Title Year Funding CFDA# Fund Amounts Source Nutrition Services 2010 2011 OAA 10.570 $32,685.00 Incentive Program TOTAL FUNDS CONTAINED IN THIS CONTRACT: $32,685.00 III. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on October 1, 2010. 2. Delivery of services shall end on September 30, 2011. This contract shall end on Deember 31, 2011. See Attachment I, Section III.E. B. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section 111.13. and Section III.C. of the Master Agreement. C. Recipient Responsibility: The provider agrees to comply with applicable parts of Rule Chapter 58C- 1, Florida Administrative Code promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs 2010 Home and Community -Based Services Handbook. D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the Alliance for this contract is: Max B. Rothman, JD, LL.M. President/CEO 760 W 107t" Avenue, Suite 214 Miami, FL 33156 N Contract Number US-1151 (305) 670-6500 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this contact is: Sheryl Graham GATO Building — 1100 Simonton Street Key West, FL 33040 (305) 292-4573 3. In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 4. The name (recipient name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Monroe County Board of Commissioners GATO Building — 1100 Simonton Street Key West, FL 33040 (305) 292-4573 E. Renegotiation or Modification: 1. Modifications or changes to the funding in this contract and corresponding services related to the increase or decrease, may be made in the form of a written Notice of Award Increase/Decrease signed by the Alliance's President and Director of Administration. The Board President or its Designee of the recipient shall sign the Notice of Award Increase/Decrease and return it to the Alliance within fourteen (14) days or sooner if requested by the Alliance. By signing Notice of Award Increase/Decrease, the Board President or its Designee of the recipient acknowledges the receipt of and agreement with the terms contained in the Notice. 2. Upon Receipt of a Notice of Award Increase/Decrease, the recipient shall update affected information in budget summaries, deliverable schedules, unit rate information contained in the unit cost methodology, or any other applicable financial information contained in the service provider application or required in this contract. This shall be done within ten working days of receipt of such notice. Contract Number US-1 151 IN WITNESS THEREOF, the parties hereto have caused this 7-page contract to be executed by their undersigned officials as duly authorized. RECIPIENT: ORM6600aV.*Fw SIGNED BY: NAME: TITLE: DATE: N PEDRO SSISTANT C Date —, ALLIANCE FORAGING, INC. MUCINW91 M. Max B. Rothman, JD, LL.M. NAME: TITLE: President / CEO DATE: RCAD— (ATTORNEY ---------- f Z 'T 0 L, i � : '.� 9 sell 50 I NIONKS] EN 1:4 01 ME a [NAl wN.T.Al OEM 04 1 oil MWAVI 9 E11MUCTO 4 Contract Number US-1151 ATTACHMENT NUTRITION SERVICES INCENTIVE PROGRAM I. STATEMENT OF PURPOSE The Nutrition Services Incentive Program (NSIP) is authorized by Section 311 of the Older Americans Act of 2000, as amended. The NSIP is the new name for the former United States Department of Agriculture (USDA) cash or commodity program known as the Nutrition Program for the Elderly. NSIP provides reimbursement for the purchase of United States produced agricultural and other food commodities for use in nutrition projects operating under approved Older Americans Act Title III contracts. 11. SERVICES TO BE PROVIDED A. Services: Upon receipt of a prior authorization for services from Alliance staff, to provide the following services: The purchase of United States produced agricultural and other food commodities for use in nutrition projects operating under approved Title III contracts for nutrition services with the Recipient. Prior authorization for these services will be provided by the Alliance. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application update for federal fiscal year 2006 and the Department of Elder Affairs Home and Community -Based Services Handbook. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. 111. METHOD OF PAYMENT A. This is a fixed rate contract. The Alliance shall make payment to the recipient for provision of services up to a maximum number of units of service and at the prospective rate stated below: Service to be Provided Units of Unit Rate Maximum Service Units Eligible Congregate and Home Delivered Meals 1 unit = 1 meal 0.68 48,066 The prospective rate is based on the estimated OAA grant award. Contract Number US-1151 B. All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and Client Information Registration and Tracking System (CIRTS) policy regarding data entry for reimbursable meals. All requests for reimbursement shall include: 1. The request for reimbursement shall be submitted on DOEA Form 117, Request for Reimbursement, USDA Cash -In -Lieu of Commodities. 2. DOEA Form 118, PSA/Recipient Monthly Meals Report must be submitted with the request for reimbursement. 3. A CIRTS report must be submitted with DOEA Forms 117 and 118 as supporting documentation for the total number of meals reported. The CIRTS report must match the number of meals reported on DOEA Form 118. 4. Duplication or replication of the DOEA forms 117 and 118 via data processing equipment is permissible but replication must include all data elements in the same format as included on the departmental forms. 5. The due date for the request for reimbursement and report(s) shall be no later than the 20th day of the month following the month being reported. C. Invoices will be in sufficient detail for a proper pre -audit and post -audit thereof. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs or the Alliance, upon request. D. Additional Reporting Conditions: This contract is for services provided during the 2011 Federal Fiscal Year beginning October 1, 2010 through September 30, 2011; however, the contract is in effect through January 31, 2011. The additional four months (October 1, 2011 through January 31, 2011) are to allow rates to be adjusted for the twelve-month service period. Retroactive rates will be based on the final OAA grant award divided by the total eligible meals reported in Florida. This contract shall automatically terminate after the final rate for the federal fiscal year has been established and the Department of Elder Affairs authorizes the release of final payments. 2. In the event that the final reimbursement rate is greater or less than the rate in Attachment I, Section III.A., then this contract shall be I Contract Number US-1151 appropriately adjusted and the final rate shall be effective for the entire contract period upon notice from the department's contract manager. E. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto. IV. SPECIAL PROVISIONS A. State Laws and Regulation: The recipient agrees to comply with applicable parts of Florida Statutes, Rule 58A-1, Florida administrative code and the Department of Elder Affairs Home and Community -Based Services Handbook. 2. The Alliance and recipient agree to provide services and implement the provisions of this contract in accordance with Federal, State, and Local laws, rules, regulations, and policies that pertain to the Nutrition Services Incentive Program cash payments and Older Americans Act. 7 Contract Number US-1051 THIS CONTRACT is entered into between the Alliance for Aging, Inc., hereinafter referred to as the "Alliance", and Monroe County Board of Commissioners, hereinafter referred to as the "recipient The total amount and the reimbursement rate included in this initial contract are subject to change based on the official funding allocation and unit reimbursement rate is published by DOEA. 1. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in Attachment I of this agreement. B. Requirements of Section 287, Florida Statutes: These requirements are herein incorporated by reference. C. Final Request for Payment: The Recipient must submit the final request for payment to the Alliance no more than 30 days after the contract ends or is terminated; if the Recipient fails to do so, all right to payment is forfeited, and the Alliance will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Recipient, and necessary adjustments thereto, have been approved by the Alliance. D. Additional Reporting Requirements: 1. If the Alliance has sanctioned the recipient, while the sanctions are in effect the recipient shall provide to the Alliance, on a monthly basis, the recipient's financial statements that reflect the current, un-audited revenues and expenditures and the recipient's cash position as well as any other documentation that may be requested by the Alliance. 2. If the recipient is required to prepare a corrective action plan, supporting documentation as requested by the Alliance shall be provided. 11. The Alliance Agrees: A. Contract Amount: To pay for services according to the conditions of Attachment I in an amount not to exceed $33,332.00, subject to the availability of funds. Contract Number US-1051 B. Obligation to Pay: The Alliance's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature and passed through the Department of Elder Affairs. C. Source of Funds: The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. The funds awarded to the recipient pursuant to this contract are in the state grants and aids appropriations and consist of the following: Program Title Year Funding CFDA# Fund Amounts Source Nutrition Services 20092010 OAA 10.570 $33,332.00 Incentive Program TOTAL FUNDS CONTAINED IN THIS CONTRACT: $33,332.00 Ill. Recipient and Alliance Mutually Agree: A. Effective Date: 1. This contract shall begin on October 1, 2009. 2. Delivery of services shall end on September 30, 2010. This contract shall end on January 31, 2011. See Attachment 1, Section 11I.E. B. Termination, Suspension, and/or Enforcement: The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III.B. and Section 11I.C. of the Master Agreement. C. Recipient Responsibility: The provider agrees to comply with applicable parts of Rule Chapter 58C- 1, Florida Administrative Code promulgated for administration of Sections 430,201 through 430,207, Florida Statutes, and the Department of Elder Affairs 2009 Home and Community -Based Services Handbook. D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the contract manager for the Alliance for this contract is. - Max B. Rothman. JD, LL.M. President/CEO 760 W 107"h Avenue, Suite 214 Miami, FL 33156 N Contract Number US-1051 (305) 670-6500 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this contact is: Sheryl Graham GATO Building — 1100 Simonton Street Key West, FL 33040 (305) 292-4573 3. in the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 4. The name (recipient name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Monroe County Board of Commissioners GATO Building — 1100 Simonton Street Key West, FL 33040 (305) 292-4573 E. Renegotiation or Modification: 1. Modifications or changes to the funding in this contract and corresponding services related to the increase or decrease, may be made in the form of a written Notice of Award Increase/Decrease signed by the Alliance's President and Director of Administration. The Board President or its Designee of the recipient shall sign the Notice of Award Increase/Decrease and return it to the Alliance within fourteen (14) days or sooner if requested by the Alliance. By signing Notice of Award Increase/Decrease, the Board President or its Designee of the recipient acknowledges the receipt of and agreement with the terms contained in the Notice. 2. Upon Receipt of a Notice of Award Increase/Decrease, the recipient shall update affected information in budget summaries, deliverable schedules, unit rate information contained in the unit cost methodology, or any other applicable financial information contained in the service provider application or required in this contract. This shall be done within ten working days of receipt of such notice. Contract Number US-1051 IN WITNESS THEREOF, the parties hereto have caused this 7-page contract to be executed by their undersigned officials as duly authorized. RECIPIENT: MONROE COUNTY BOARD OF COMMISSIONERS BOARD PRESIDENT OR AUTHORIZED DESI EE SIGNED BY: NAME: George R. NeuRe TITLE: -Mayor/Chairman October 21, 2009 99-AL) rr -0 ALLIANCE FOR AGING, INC. SIGNED BY: Max B. Rothman,�, C.M. NAME: TITLE: President / CEO 7Z DATE: I 1110=61 121 21110 10 a Rfor-d WA V10.041 2 011 loll DYA I - 4 Contract Number US-1051 The Nutrition Services Incentive Program (NSIP) is authorized by Section 311 of the Older Americans Act of 2000, as amended. The NSIP is the new name for the former United States Department of Agriculture (USDA) cash or commodity program known as the Nutrition Program for the Elderly. NSIP provides reimbursement for the purchase of United States produced agricultural and other food commodities for use in nutrition projects operating under approved Older Americans Act Title III contracts. A. Services: Upon receipt of a prior authorization for services from Alliance staff, to provide the following services: The purchase of United States produced agricultural and other food commodities for use in nutrition projects operating under approved Title III contracts for nutrition services with the Recipient. Prior authorization for these services will be provided by the Alliance. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application update for federal fiscal year 2006 and the Department of Elder Affairs Home and Community -Based Services Handbook. In the event the handbook is revised, such revision will automatically be incorporated into the contract and the recipient will be given a copy of the revisions. A. This is a fixed rate contract. The Alliance shall make payment to the recipient for provision of services up to a maximum number of units of service and at the prospective rate stated below: Service to be Provided Units of Unit Rate Maximum Service Units Eligible Congregate and Home Delivered Meals 1 unit = 1 meal 0.60 55,553 The prospective rate is based on the estimated OAA grant award. Contract Number US-1051 B. All requests for reimbursement shall be in accordance with policy regarding reimbursable meals and Client Information Registration and Tracking System (CIRTS) policy regarding data entry for reimbursable meals. All requests for reimbursement shall include: The request for reimbursement shall be submitted on DOEA Form 117, Request for Reimbursement, USDA Cash -In -Lieu of Commodities. DOEA Form 118, PSA/Recipient Monthly Meals Report must be submitted with the request for reimbursement. A CIRTS report must be submitted with DOEA Forms 117 and 118 as supporting documentation for the total number of meals reported. The CIRTS report must match the number of meals reported on DOEA Form 118. 4. Duplication or replication of the DOEA forms 117 and 118 via data processing equipment is permissible but replication must include all data elements in the same format as included on the departmental forms. 5. The due date for the request for reimbursement and report(s) shall be no later than the 20th day of the month following the month being reported. C. Invoices will be in sufficient detail for a proper pre -audit and post -audit thereof. The recipient shall maintain documentation to support payment requests which shall be available to the Comptroller, the Department of Elder Affairs or the Alliance, upon request. D. Additional Reporting Conditions: This contract is for services provided during the 2010 Federal Fiscal Year beginning October 1, 2009 through September 30, 2010; however, the contract is in effect through January 31, 2011. The additional four months (October 1, 2010 through January 31, 2011) are to allow rates to be adjusted for the twelve-month service period. Retroactive rates will be based on the final OAA grant award divided by the total eligible meals reoorted in Florida. This contract shall automatically terminate after the final rate for the federal fiscal year has been established and the Department of Elder Affairs authorizes the release of final payments. 2. In the event that the final reimbursement rate is greater or less than the rate in Attachment 1, Section III.A., then this contract shall be 6 Contract Number US-1051 appropriately adjusted and the final rate shall be effective for the entire contract period upon notice from the department's contract manager. E. Any payment due by the Alliance under the terms of this contract may be withheld pending the receipt and approval by the Alliance of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto. IV. SPECIAL PROVISIONS A. State Laws and Regulation: The recipient agrees to comply with applicable parts of Florida Statutes, Rule 58A-1, Florida administrative code and the Department of Elder Affairs Home and Community -Based Services Handbook. 2. The Alliance and recipient agree to provide services and implement the provisions of this contract in accordance with Federal, State, and Local laws, rules, regulations, and policies that pertain to the Nutrition Services Incentive Program cash payments and Older Americans Act. III BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10-20-2010 Division: _County Administrator Bulk Item: Yes _X_ No _ Department: Social Services/In-Home Services Staff Contact Person/Phone #: Sheryl Graham/X4510 AGENDA ITEM WORDING: Approval of Amendment 001 to the Older Americans Act (OAA) Contract AA-1029 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of County Commissioners (Social Services/In-Home Services) for fiscal year 1/1/10 to 12/31/10. ITEM BACKGROUND: Approval of Amendment 001 will adjust the Unit Rate, Number of Units and Contracted Amount by title and service as result of the 2009 RFP. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to addendum #001 to OAA contract number AA-1029 on 1-20-10. CONTRACT/AGREEMENT CHANGES: The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated: (From 10/1/10 through 12/31, 2010. — Congregate Meals Cl - $33,705. Congregate Screening CI - $1,310. Nutrition Counseling CI - $476. Nutrition Education - $159. Home Delivered Meals C2 - $51,158. Screening & Assessment C2 - $1,460. Nutrition Education C2 - $90. In -Home Respite 3E - $3,535. Facility Respite 3E - $10,605. STAFF RECOMMENDATIONS: Approval TOTAL COST: $102,498.00 for 10-1-10 to 12-31-10 INDIRECT COST: _-0-_BUDGETED: Yes X No _ COST TO COUNTY: No Cash Match required. SOURCE OF FUNDS: Grant In -Kind Match required. REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management _X_ DOCUMENTATION: DISPOSITION: Revised 1/09 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Alliance For Aging, Inc. Contract # Amendment #001 for Contract #AA-1029 Effective Date: l/l/2010 Expiration Date: 12/31/2010 Contract Purpose/Description: Approval of Amendment #001 to the OAA Contract #AA-1029, (1/l/10- 12/31/10) to have the Alliance make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated for Period 10-1-10 through 12-31-10 for a total of $102,498.00 Contract Manager: Sheryl Graham 4510 Community Services/Stop 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: (extension) $102,498.00 Current Year Portion: $ Budgeted? Yes X No Account Codes: _-_- - - Grant: $ 102,498.00 _125_-_6151010_- - - County Match: $-0- _125_-6153210_- - For period 10-1-10 through 12-31- _125= 6153410_- - - 10 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Division Director ate In Changes Needed Yes No r t Re ieweCy Date Out Risk Management O.M.B./Purchasing County Attorney s: ( 10 $$$iii & Yesw Yes Yes N 71,1 Comments: OMB Form Revised 2/27/01 MCP #2 Amendment 001 CONTRACT AA 1029 Page 1 THIS AMENDMENT is entered into between the Alliance for Aging, Inc. hereinafter referred to as the "Alliance", and "Monroe County Social Services". The purpose of this amendment is to adjust the Unit Rate, Number of Units and Contracted Amount by Title and Service as result of the 2009 RFP The Budget Summary by Title for the whole fiscal year (January 1-December 31, 2010) is as follows: Title III B (CFDA/CSFA # 93.044): $ 82,177 (Decreased by $27,392) Title C1 (CFDA/CSFA # 93.045): $ 142,600 Title C2 (CFDA/CSFA # 93.045): $ 210,832 Title III E (CFDA/CSFA # 93.052): $ 59,310 1. The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: (From January 1, 2010 through September 30,2010) Service(s) to be Provided Service Unit Rate Maximum Units of Service Maximum Dollars Homemaker $34.29 1,300 $44,594 Personal Care $40.07 847 $33,954 Screening & Assessment IIIB $42.05 86 $3,629 Congregate Meals $9.56 11,007 $105,233 Nutrition Education C1 $63.58 27 $1,717 Home Delivered Meals $6.13 25,702 $157,551 Nutrition Education C2 $63.67 9 $573 Facility Respite $10.34 4,103 $53,420 Total Contract $400,671 2 The Alliance shall make payment to the provider for provision of services up to a maximum number of units of service and at the rate(s) stated below: (From October 1,2010 though December 31, 2010) Service(s) to be Provided Service Unit Rate Maximum Units of Service Maximum Dollars Congregate Meals C1 $9.56 3,526 $33,705 Congregate Screening Cl $20.00 65 $1,310 Nutrition Counseling C 1 $47.50 10 S476 Nutrition Education C 1 $63.58 3 $159 Home Delivered Meals C2 $6.13 8,345 $51,158 Screening & Assessment C2 $25.00 58 $1,460 Nutrition Education C2 $63.67 1 $90 In Home Respite 3E $23.08 153 $3,535 Facility Respite 3E $10.34 1,025 $10,605 Total Contract $102,498 Amendment 001 CONTRACT AA 1029 Page 2 3 This amendment shall begin on October 1, 2010 or the date it has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their undersigned officials as duly authorized. PROVIDER: Monroe County Social ALLIANCE FOR AGING, INC. Services. SIGNED BY: SIGNED BY: Sylvia J. Murphy Max B. Rothman, JD, LL.M. NAME: NAME: Mayor President & CEO TITLE: TITLE: 10-20-2010 DATE: DATE: ��001 CONTRACT AA 'us /40zq Page 1 THIS ADDENDUM modified the original contract between the Alliance for Aging, Inc. and Monroe County Social Services, The purpose of this addendum is to Include the following language to the original contract: - "This contract may be unilaterally terminated by the Affiance for Aging by operation of law or final resolution of any legal or appeal proceedings arising out of the 2009 OAA RFP. By signing this addendum the recipient agrees to assist the Altiance with any transition plan in the event of such termination". IN WITNESS WHEREOF, the parties hereto have caused this addendum to be executed by their undersigned officials as duly authorized. PROVIDER: TITLE: -- TITLE: 1-20-�8eg- DATE: DATE: p T: DAN L. 4L14A0E B DEPUTY CLERK {�V .D AS � PEDi rjo J. t'- _ iRWADO ALLIANCE FOR AGING, INC. Max B. Rothman, JD, LL.M. BY: ' QU BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:^ October 20, 2010 Division: Emergency Services Bulk Item: Yes X No _ Department: Fire Rescue Staff Contact Person/Phone#: Claudia Wilkerson 305-289-6014 AGENDA ITEM WORDING: Acceptance of the Monroe County Length of Service Award Program (LOSAP) actuarial valuation report for the Plan Year 2010; transfer of funds for Plan Year 2010 and 1987 into the LOSAP Trust Fund; approval of Resolution authorizing each eligible participant in LOSAP to be credited with additional year of service. ITEM BACKGROUND: These actuarial valuations and/or cost determinations were prepared and completed by Glenn F. Mouton, on behalf of Mouton & Company, Inc. They meet the requirements and intent of Part VII, Chapter 112, Florida Statutes (Actuarial Soundness of Retirement Systems). PREVIOUS RELEVANT BOCC ACTION: On June 9, 1999, the Board adopted Ordinance No. 026- 1999, providing for the creation of a Length of Service Awards Plan, providing benefits to eligible volunteer fire fighters and emergency medical services volunteers. CONTRACT/AGREEMENT CHANGES: Not an agreement. STAFF RECOMMENDATIONS: Acceptance of actuarial report and transfer of funds for Plan Years 2010 and 1987 into the LOSAP Trust Fund in the amount of $25,179.00. TOTAL COST: $25,179.00* INDIRECT COST: BUDGETED: Yes X No _ *Cost of year 2010 is $25,084.00; cost of year 1987 is $95.00, computing to a net cost of $25,179.00 to accept both years. 141-11500-530340 DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $25,179.00 SOURCE OF FUNDS: Ad valorem taxation REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year 6A-k APPROVED BY: County Atty / OMB/Pur'ehasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 James Callahan Emergency Services RESOLUTION NO. -2010 A RESOLUTION OF THE BOARD COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING EACH PARTICI- PANT IN THE LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) TO BE CREDITED WITH AN ADDITIONAL YEAR OF SERVICE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: I . Each Participant in the Length of Service Awards Program ("LOSAP") shall be credited with an additional Year of Service actually earned in the Year 1987, providing the Participant: (A) was enrolled as a member of the non-profit corporation or MSTU; and (B) was eligible for and received reimbursement of expenses for nine or more months of the Year 2009, thus resulting in a credit for the Plan Year 2010. 2. The total number of Years of Service that may be credited for service accrued prior to the Effective Date of LOSAP shall not exceed a maximum of one Year of Service actually earned by each Participant prior to the Effective Date of LOSAP. 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 J. Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairman MONROE COUNTY ATTORNEY APf, ROVEP AS TO VF E` C NTHIA L. HALL ASSESTA 4.CQI Y ATTORNEY Date y Monroe County Division of Emergency Services 490 63`d Street, Marathon, FL 33050 Phone: (305) 289-6088 Fax: (305) 289-6007 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of County Commissioners FROM: James Callahan, Fire Chief Emergency Services Division RE: Agenda Item: Acceptance of the Monroe County Length of Service Award Program (LOSAP) actuarial valuation report for the Plan Year 2010; transfer of funds for Plan Years 2010 and 1987 into the LOSAP Trust Fund; approval of Resolution authorizing each participant in LOSAP to be credited with additional year of service. DATE: October 20, 2010 Ordinance No 026-1999, adopted by the Board of County Commissioners on June 9, 1999, provided that upon reaching the age of 60, each volunteer firefighter or EMS provider who had at least 10, but not more than 25 years of active service would receive a pension benefit in a predefined amount based on length of service. The same Ordinance further provided that for each Plan Year beginning in 1999, the BOCC would contribute an amount necessary to fund the pension benefit, based on an actuarial report that projected the cost of that future pension benefit in today's dollars. In addition, each year, the BOCC could elect to contribute an amount to provide a pension benefit for a past year provided that the volunteer was an active member during that time. Thus, in 1999 the BOCC funded the Plan with an amount equal to provide a pension benefit not only for verified active 1999 volunteers, but also for 1998 volunteers. In each subsequent year, after reviewing and accepting the actuarial report, the BOCC has approved the contribution of funds not only for the immediate Plan Year, but also for one additional successive past year. The LOSAP Trust Fund balance currently stands at $831,082.97. The actuarial report for Plan Year 2010 shows that the amount necessary to fund future obligations for Plan Year 2010 is $25,084.00. The same actuarial report shows that the amount necessary to cover pension benefits for volunteers in Plan Year 1987 is $95.00. These figures represent the actual fixed cost for these two respective Plan Years, and are computed by multiplying (a) number of qualified volunteers in that Plan Year, by (b) the annual benefit shown in Section 5 of the LOSAP (Ordinance 026-1999), and by (c) the statistical probability that the volunteer will actually receive benefits as determined by the actuary. Overall, the net cost for accepting both years is $25,179.00. Staff is now asking for the acceptance of the actuarial report and transfer funds into the LOSAP Trust Fund in the amount of $25,179.00. These fiinds were approved in the Fiscal Year 2011 budget process. MONROE COUNTY FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN ACTUARIAL REPORT JANUARY 1, 2010 July 8, 2010 Monroe County Board of County Commissioners Fire Chief James Callahan 490 63rd Street Marathon, FL 33050 Dear Plan Administrator: We are pleased to present the attached Report as of January 1, 2010, covering the actuarial aspects of the "Monroe County LOSAP" for the Plan Year ending December 31, 2010 and the County's fiscal year ending September 30, 2011. A brief overview of the results can be obtained by looking at the following figures for the past three years: 2008 2009 2010 Item Plan Year Plan Year Plan Year Participants 80 61 62 Covered Payroll $ na $ na $ na Current EOY Plan Costs * $24,777 $23,714 $25,179 assuming an additional years past service benefit and includes provisions for expenses and provisions for Funding Standard Account debit balances, but not credit balances. Due to Key Largo terminating from the County plan effective October 1, 2006, we have not assigned any costs to them. We have kept the vested participants for Key Largo's Fire and EMS and assets estimated to be sufficient for those participants and reallocated the remaining assets to the other participating departments. Should additional vested participants arise from a future census, we will include them with the future year's valuation and recapture the assets for those benefits. Additionally, in the future, should assets not be sufficient to cover those benefits, an additional recapture of assets may be needed. These recaptures, if any, will be made in the same ratio as the reallocation was determined, which split assets available for reallocation equally among the remaining active departments. Monroe County Board of County Commissioners July 8, 2010 Page Two Assuming that the recommended funding is made and that the asset performance becomes consistent with our current assumption, it is our opinion that the Plan will be proceeding with a funding program, which can be expected to support the benefits promised by the Plan on an adequate and timely basis. Respectfully submitted, . Glenn F. Mouton, FSA Consulting Actuary GFM/nm Enclosures July 8, 2010 ACTUARIAL REPORT PLAN: Monroe County, Florida Volunteer Firefighter and Emergency Medical Services Length of Services Award Plan PLAN YEAR: January 1, 2010 through December 31, 2010 SPONSOR FISCAL YEAR: October 1, 2010 through September 30, 2011 VALUATION DATE: January 1, 2010 This report presents the results of the Actuarial Valuation as of Valuation Date shown above of the Plan. The principal purposes of this report are - To present the financial condition of the Plan - To satisfy the requirements of Chapter 112 of the Florida Statutes To present the contributions required to adequately fluid the Plan during the current year, according to the plarfs current funding methodology - To present disclosures required by Governmental Accounting Standards Board, Statements #25 Mouton and Company, Inc. was retained by the Plan Administrator of the Plan for this report. This actuarial valuation and/or cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statutes. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. Date Glenn F. Mouton Enrollment #08-2773 On Behalf of Mouton & Company, Inc. DaG�F4 MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICES AWARD PLAN Actuarial Valuation as of January 1, 2010 TABLE OF CONTENTS EXHIBIT 1 VALUATION RESULTS Schedule A — Development of Actuarial Assets 1 Schedule B — Plan Description — After Changes 2 Schedule B — Plan Description — Before Changes 3 Schedule C - Development of Current Year's Costs 4 Schedule D —Development of Historical and Projected FSA 5 Schedule E - Participant Data 6 Schedule F - Assets 6 Schedule G - Liabilities 6 Schedule H - Actuarial Present Value of Accrued Benefits 7 Schedule I - Statement of Changes in Total Actuarial Present Value of All Accrued Benefits 7 Schedule J - Pension Cost g Schedule K - Past Contributions g Schedule L - Comparison of Actual to Assumed Earnings 9 EXHIBIT 2 PARTICIPANT DEMOGRAPHICS Schedule A - Coverage 10 Schedule B — Year of Credited Service 10 Schedule C - Participant Reconciliation 11 EXHIBIT 3 PLAN ASSET INFORMATION Schedule A - Statement of Net Assets Available for Benefits at Market Values 12 Schedule B - Statement of Changes in Net Assets Available for Benefits 13 EXHIBIT 4 PLAN SUMMARY 14 EXHIBIT 5 COST METHOD AND ASSUMPTIONS 17 EXHIBIT 6 PENSION COST RATIONALE 19 EXHIBIT 7 GASB 25 INFORMATION 20 o n 00 C\ O O N 00 00 n M 1 Oi O M _ b N oo M h M 00rq 0 ; CD N 00 a .M.. .� [� O 0o 0000 Oi tp I 00 I I O y G O 9 N N cl O ('�! N ci 1 0 Uo vs � N CV f'Y \b N N N i I � w °= u o o 0 0 0 0 o G t o n c vi rbi o n y' P. CIS nl N �O G r+1 O r N n S s� 0000 °O I i b 0 s 'd' '"' I 00 fs m .�-[ rn �. 0', IM 00 i i « O b n N o r M O t N b 00 m 0000 t C � i 00 00 b n o a, I I i �p W 1p b1 V to 1, O 00 n o ' o I ' 0. N M 00 M CT 0000 (7, ON O [�+ 00 00 N i 0 i Wr, r N it I i T1 b O O O O O G O p p p IL) Pa y Q O O O Nj Vi V O O o0 C7 O �p b V1 n CLI f1] �i v kD O In ¢y d W U q c l o 0 0 00 00 o h p N C13 n 0 w 94 a O Q' N V Gri O [�+. Sri ry •O+ yN m O M 0N0 N Q i W O O 00 a cn -D U o a o .. I cA t N "•• [il �� O O O N N P O �/S 6� M ol W ' 7 ce•, in O K4 U I � � � �' M � O b W •} Vr'i Q w y oe oc vi ri c t� e � N *J G�� C7 � � °l 7 •-� �D 00 � N m m 6 OIL�a � z U I F.O. "� a 71I M ram•! zP C O+ N r- i 7 w o y� 7 e +n •c v o u �f J W �cn w � a � �� V b h h 00 O •4 > O � o twn •p C� C LU L1 A tl —___—_-- ............... ..»------_-- i- p. C'J I ! Ujp' .�j CJ •C ' � '�I' � y �G O O M O ry rl o ,� � � a � z (p7 U � .U. ° �/Wi R °� mY S3 C z to e3 oo �O �O O �O I m O O W w Li �'a3 O O '� '� o. p Ff 9 `�> Q ems. 'fl. m W ° `•� fJ C u 4 ° y O pW a �i u �• U •n. o aEi z I p i V IN Ii �w 4 O O O O [b+ GNO o00 N tin O zo V w o0 w vi i-i v e< <o e d`r. N N ri M Q w o w m N YMi v l v N � d F a 1Gp N �o M > m a oh w a a a I m w y� U u b b b fp•1. V .N+ � � � c O O u m 7 !� � w U m N h W b a •C r w ° U � N O a ---------------------- U'- � b Q O M W a °• N N � U C a,g n g c O � MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 4 of 23 EMERGENCY MEDICAL SERVICES LCNGTI-1 OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 CURRENT VALUATION RESULTS EXHIBIT I Development of Current Year's Costs Schedule C Before Change Alter Change * Current Year Current Year Prior Year 01-Jon-2010 01-Jan-2010 01-Jan-2009 A. Present Value of Future Obligations: --------- ---- 1. Active Members 513,985 514,650 551,821 2. Inactive Members 370,065 370,065 289,726 3. Retired Members 0 0 0 4. Survivors on Benefit 0 0 0 5. Disabled Members 0 0 0 Total Actuarial Accrued Liability: 884,050 _ 884,715 841,547 B. Less Present Value of: 1. Member Contributions 0 0 0 2. Florida Premium Tax Rebates 0 0 0 0 --- ---------- 0 --- 0 C. Less Actuarial Plan Assets 831,083 831,083 817,512 D. Amount to be Funded by County (A-B-C) 52,967 53,632 24,035 (Unfunded Actuarial Accrued Liability) I:. Aggregate Normal Costs from District Calculations including expenses 25,084 25,179 5,922 F. Expenses not paid directly by the County (included above) na na 5,200 G, Interest Adjustments not included elsewhere 0 0 0 H. Total Plan Normal Costs W GASB 25 ARC _ 25,084 25,179 11,122 * Change is the crediting of 1987 as an additional year of potential past credited service. MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 5 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 CURRENT VALUATION RESULTS EXH1131T I Development of Historical and Projected Funding Standard Account Balances A. Beginning Balance Interest Adjustment to End of Year sub -total B. Less Charges to Account I. Normal Costs for the Year (BOY) 2. Provision for Expenses (included in (1) above) 2. Amortization Charges (net) (BOY) 3. Interest Adjustment to End of Year C. Plus Credits to Account 1. Contributions Credited During the�Year 2. Amortization Charges (net) (BOY) 3. Interest Adjustment to End of Year D. Ending Balance* (not less than 0) Date Made Amount 14-Aug-09 30,791 0 0 0 30,791 Schedule D Before Changes After Changes Projected Projected Current Current Plan Year Plan Year Prior Year 01-Jan-2010 01-Jan-2010 01-Jan-2009 10,825 10,825 3,369 271 271 84 11,096 11,096 3,453 25,084 25,179 23,714 na na na 0 0 0 2.50% 0 Q 0 25,084 25,179 23,714 0 0 30,791 0 0 0 0 0 295 0 0 31,086 0 M 0 10,825 Interest 295 0 0 0 295 * Note: A positive ending balance represents the accumulation of past contributions in excess of required minimums. Such a balance is available to the sponsor in the current or future years to adjust normal funding requirements. For the current year, Contributions Credited are determined as the lowest amount which would avoid an ending negative balance, under the assumption that the contribution is received on the last day of the plan year. Prior year revised. DG°dG°alr5f MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 6 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 CURRENT VALUATION RESULTS EXHIBIT I Participant Data Schedule E ------------------------------------------------------------------------------------ --------------------------------------------------------------------------- Next Current Year Prior Year Prior Year 01-Jan-2010 01-.Ian-2009 01-Jan-2008 Number Included Active Members 28 32 44 Inactive Members 26 22 34 Retired Members 8 7 2 Current Beneficiaries 0 0 0 Disabled Members 0 0 0 Total Annual Payroll of Actives 0 0 0 Total Annual Benefits: to Retired Members 15,075 18,720 6,120 to Current Beneficiaries 0 0 0 to Disabled Members 0 0 0 Assets Schedule F Actuarial Value 831,083 817,512 782,060 Market Value 831,083 817,512 782,060 Liabilities - ----------------------------------------------------------------------------------------------- ------------------------------------ ------------------------- Schedule G Before Changes After Changes Current Current Prior Plan Year Plan Year Plan Year 01-Jan-2010 01-Jan-2010 01-Jan-2009 Present Value of Future Benefits - Active Members 513,985 514,650 551,821 Inactive Members 370,065 370,065 289,726 Retired Members 0 0 0 Current Beneficiaries 0 0 0 Disabled Members 0 0 0 Total --------------- 884,050 --------------- 884,715 --------------- 841,547 Less Present Value Future Member Contributions 0 0 0 Future State Contributions 0 0 0 0 0 --------------- 0 Actuarial Accrued Liability --------------- 884,050 ------------- 884,715 --------------- 84I,547 less Actuarial Plan Assets (831,083) (831,083) (817,512) Unfunded Actuarial Accrued Liability --------------- 52,967 --------------- 53,632 --------------- 24,035 MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND [DRAFT Page 7 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 CURRENT VALUATION RESULTS EXHIBIT 1 Actuarial Present Value of Accrued Benefits Schedule H Before Changes After Changes Current Year Current Year Prior Year 01-Jan-2010 01-Jan-20I0 01-Jan-2009 Vested Accrued Benefits - v Inactive Members & Beneficiaries 370,065 370,065 289,726 Active Members 275,812 280,528 290,721 Total -------------- 645,877 -------------- 650,593 ---- --------- 580,447 Nonvested Accrued Benefits 47,542 47,484 69,202 Total -------------- 693,419 --------.----- 698,077 -------------- 649,649 Statement of Changes in Total Actuarial Present Value of All Accrued Benefits Schedule I ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------ Before Changes After Changes Current Year Current Year 01-Jan-2010 01-Jan-2010 Present Value of Accrued Benefits at Beginning of Year 649,649 649,649 Increase (Decrease) During Year Attributable to (where applicable): Plan Adoption 0 0 Plan Amendment 0 0 Changes in Valuation -- interest rate 0 0 Increase due to Survivorship 0 0 Increase for less Interest Discount 16,053 16,053 Benefits Accrued, net of excluded participants 43,770 43,770 Benefits Paid (15,075) (15;075) Other Changes -,terminations (978) (978) Net Increase (Decrease) -------------- 43,770 ------ ------- 43,770 Actuarial Present Value of Accrued Benefits at End of Year 693,419 698,077 MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 8 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 CURRENT VALUATION RESULTS EXHIBIT I Pension Cost Required Funding Costs Current and Prior Unfunded Administrative Expense Interest Adjustment Total Required County Contribution As % of Payroll Estimated Participant Contributions As % of Payrol l Estimated Premium Tax Refund As % of Payroll Remaining Amount to be Contributed by County As % of Payrol l Past Contributions For the fiscal year ended 12/31/09 Total Contribution Required Actual Contribution Made By: State County Participants Schedule) Before Changes After Changes Current Current Prior Plan Year Plan Year Plan Year 01-Jan-2010 01-Jan-2010 01-Jan-2009 25,084 25,179 23,714 (19,114) (19,114) (11,456) (478) (478) (286) 5,492 5,587 11,972 N/A N/A N/A 0 0 0 N/A NIA N/A 0 0 0 N/A N/A N/A 5,492 5,587 11,972 NIA N/A N/A 11,972 0 30,791 0 30,791 Schedule K DRAFT MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 CURRENT VALUATION RESULTS Page 9 of 23 EXHIBIT 1 Comparison of Actual to Assumed Earnings -------- Schedule L -------------------------------------------------- --------------------------------------------------------------------------- (Assuming uniform income and disbursements, Employer Contributions assumed at End of Year) Benefits Valuation Beginning Ending Investment Other and Date Assets Assets Earnings Income Expenses 31-Dec-1999 0 150,113 0 0 0 31-Dec-2000 150,113 313,548 2,751 0 0 31-Dec-2001 313,548 389,408 13,821 0 4,210 31-Dec-2002 389,408 474,729 4,284 0 8,400 31-Dec-2003 474,729 562,738 9,169 0 0 31-Dec-2004 562,738 626,637 8,412 0 8,417 31-Dee-2005 626,637 700,939 20,872 0 7,620 31-Dec-2006 700,939 725,508 15,466 0 10,130 31-Dec-2007 725,508 782,060 38,439 0 6,120 31-Dec-2008 782,060 817,512 30,628 0 23,653 31-Dec-2009 817,512 831,083 6,555 0 23,775 Valuation Net Expected Actual 3 Year 5 Year Assumed Date Increase Earnings Experience Average Average Factor 31-Dec-]999 0 0 0.00% na na 5,00°le 31-Dec-2000 2,751 7,506 1.83% na na 5.00% 31-Dec-2001 9,611 15,572 3.09% na na 5,00% 31-Dec-2002 (4,116) 19,260 -1.07% 1.28% na 5.00% 31-Dec-2003 9,169 23,736 1.93% 1.32% na 5.00% 31-Dec-2004 (5) 27,926 0,00% 0.29% 0.58% 5,00% 31-Dec-2005 13,252 24,913 2.13% 1.35% 0.95% 4.00% 31-Dec-2006 5,336 20,876 0.77% 0.96% 1.04% 3.00% 31-Dec-2007 32,319 18,061 4.47% 2.46% 1.28% 2.50% 31-Dec-2008 6,975 19,256 0.91% 2.05% 1.42% 2.50% 31-Dec-2009 (17,220) 20,141 -2.14% 1.08% 1.58% 2.50% 1999 is the first plan year and no assets were present prior to the end of the year, other than County accrued contributions. Current earning rates are artificially depressed due to the plan only recently starting its funding. Future assets will be invested assets and are expected to cam at or above the assumed factor, net of investment expenses. MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 10 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of J PARTICIPANT DEMOGRAPHICS EXHIBIT 2 Coverage Schedule A This valuation includes the following 62 persons covered by the plan as of December 31, 2009. Category Number Amount Active Participants 28 0 Other Inactive Participants 26 0 ** Retirees on Benefit 8 0 ** Survivors on Benefit 0 0 *+ Participants on Disability Benefit 0 0 ** Terminated Vested Participants 0 0 ** TOTAL ---- 62 ----------- NIA * Annual covered pay only ** Annual Benefit 6I persons (included in the data furnished to us) were ineligible for participation as of the valaution date. Participant data was furnished by the County of Monore and was as of December 31, 2009. Years of Credited Service -- all Participants Years of Service ---------------------- < 1 I I-4 1 5-9 Attained ----------- I ----------- ------- I I Age Count I Count I Count Under 25 1 I j 2 I 26-29 j 6 30-34 I 1 35-39 I 5 I 40-44 I 2 I 45-49 I 1 I 50-54 I 4 1 55-59 60-64 64-69 Over 70 ----- I ----- 0 21 1 1 � 4 1 2 1 4 1 I I I 12 10-14 j 15-I9 I 20-24 ----------- I ----------- I -------- I I Count I Count j Count 25-29 Count 1 I I I I 2 1 I I I 3 1 5 1 2 1 I 41 11 1 71 I I I I I 2 1 I 1 1 I 20 5 4 0 Schedule B 30-34 ----------- I f Count I Totals I 2 I 6 I 3 I 6 f 6 I $ I 15 5 I 7 I 4 1 0 0 62 MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 11 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 PARTICIPANT DEMOGRAPHICS EXHIBIT 2 Participant Reconciliation Schedule C Retired Survivor on on Active Benefit Benefit Disabled Inactive Total Participants at 01-Jan-2009 32 7 0 0 22 61 New 0 0 Retirement 0 1 1 Death 0 0 Non -Vested Termination 0 0 Vested Termination 0 0 Lump Sum Settlement 0 0 New Survivors 0 0 Participants at 31-Dec-2009 ------- 32 ------- S --------------------- 0 0 22 ------- 62 -ONAA FT MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Page 12 of 23 Actuarial Valuation as of January 1, 2010 PLAN ASSET INFORMATION EXHIBIT 3 Statement of Net Assets Available for Benefits* Schedule A 31-Dec-2008 31-Dec-2009 Market Value Money Market 817,512.22 831,082.97 Accrued Contribution - Employer 0.00 0.00 817,512.22 831,082.97 Liabilities Accounts Payable 0.00 0.00 Deferred Revenues 0.00 0.00 0.00 0.00 - - Net Assets Available 817,512.22831,082.97 * As reported by the County _ �------- ___---^�—_ MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Page 13 of 23 Actuarial Valuation as of January 1, 2010 PLAN ASSET INFORMATION EXHIBIT 3 Statement of Changes in Market Value of Net Assets Schedule B Plan Year Ending; 3I-Dec-2008 31-Dec-2009 -L. INCREASES Earnings on Investments Unrealized Appreciation (Depreciation) State Insurance Contributions Employee Contributions Employer Contributions: 28,477.00 Accrued 0.00 DECREASES Expenses Professional Fees (4,932.50) Professional Fees 0.00 PMA Fees 0.00 -------------- Paid to Participants Retirees (18,720.00) Survivors 0.00 Disabled 0.00 Overpayment due to City 0.00 30,627.76 0.00 0.00 0.00 28,477,00 ----------------- 59,104.76 ----------------- (4,932.50) (18,720,00) ----------------- (23,652.50) - Net Increase/(Decrease) 35 452.26 NET MARKET VALUE OF ASSETS AVAILABLE FOR BENEFITS: Beginning of Year 782,059.96 End of Year----817,512.22- 30,791.00 0.00 (8,700.00) 0.00 0.00 (15,075.00) 0.00 0.00 0.00 6,554.75 0.00 0.00 0.00 30,791.00 --------------- 37,345.75 ----------------- (8,700,00) (15,075.00) (23,775.00) 13,570.75 817,512.22 831,082.97 MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICES AWARD PLAN Actuarial Valuation as of January 1, 2010 Page 14 of 23 PLAN SUMMARY 1. General Information (a) Plan Name: Monroe County, Florida Volunteer Firefighter and Emergency Medical Services Length of Service Award Plan (b) Plan Year: January 1 through December 31 (c) Plan Sponsor: County of Monroe, Florida EXHIBIT 4 (d) Sponsor Fiscal Year: October 1 through September 30 (e) Plan Administrator: Board or such other person or entity as designated by the Board to administer the Plan (#) Effective Date: January 1, 1999 2. Eligibility for Participation The Plan Administrator shall, in its sole discretion, determine those Volunteer Firefighters and EMS Volunteers ("Volunteers") eligible to participate in the Plan. Any Volunteer who was age 60 or older on January 1, 1999 shall not be eligible to participate in the Plan. In addition, any Volunteers who are age 60 or older at the time they commence volunteer service, or who commence service at a time that will not permit them to earn ten Years of Service by their Normal Retirement,Age shall not eligible to participate. 3. Years of Service Each year of volunteer service, a participant will accrue a year of benefit accrual if the participant was: A. enrolled as a member of the nonprofit corporation or MSTU; and B. was eligible for and received reimbursement of expenses for nine or more months of the year. In the event that a non -vested Participant fails to accrue a Year of Service during any three consecutive Plan Years, the Participant shall incur a "break -in-service", and any Years of Service earned by the Participant prior to the break -in-service, shall be disregarded for purposes of the Plan. In addition, in the event that any Participant ceases to be carried on an active membership roll as a Volunteer Firefighter or EMS Volunteer MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICES AWARD PLAN Actuarial Valuation as of January 1, 2010 Page 15 of 23 PLAN SUMMARY EXHIBIT 4 and later returns to active membership roll, only Years of Service earned after the Participant's return to the active membership roll shall be counted for purposes of the Plan No Years of Service shall be earned for any year of volunteer service after the Participant has attained age sixty (60). 4. Contributions Each Plan Year, the Board shall appropriate funds from the budgets of the various volunteer fire/rescue MSTU's to fluid the accrued or prospective benefits for Participants on an actuarially sound basis. 5. Normal Retirement Benefit (a) Eligibility: Completion of 10 years of service. (b) Benefit: An annual benefit based on the following schedule: Benefit Schedule Years of Monthly Annual Service Benefit Benefit 25 $375 $4500 24 360 4320 23 345 4140 22 33.0 3960 21 315 3780 20 300 3600 19 285 3420 18 270 3240 17 255 3060 16 240 2880 15 225 2700 14 210 2520 13 195 2340 12 180 2160 11 165 1980 10 150 1800 {c) Form of Payment: Benefit payments are payable monthly for a period of ten years MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICES AWARD PLAN Actuarial Valuation as of January 1, 2010 Page 16 of 23 PLAN SUMMARY EXHIBIT 4 6. Ve_ sting (a) Eligibility: Completion of 10 years of service prior to attainment of Normal Retirement Age (b) Volunteer Firefighters: Attained the rank of Structural Firefighter, Non -Structural Firefighter and/or Emergency Vehicle Driver -Operator prior to being credited with 10 years of service. (c} Volunteer EMS: Attained the certification of Emergency Medical Technician or Paramedic or met all requirements by the State of Florida necessary to drive an emergency medical care and transportation vehicle (ambulance) prior to being credited with 10 years of service. 7. Death Benefits prior to Attaining Normal Retirement Ajze (a) Eligibility: Death of a vested Participant. (b) Benefit: The present value of vested accrued benefits. ir--" Q�F4 MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICES AWARD PLAN Actuarial Valuation as of January I, 2010 Page 17 of 23 COST METHOD EXHIBIT 5-A COST METHOD: A variation of the aggregate actuarial cost method is being used to value the benefits. The present value of the projected benefits is calculated using the provisions of the plan and the actuarial assumptions. The actuarial value of assets is based on market value. The balance to be funded is allocated over the present value of a level annuity for the average future service of active participants. Total plan results are determined by summing the results calculated by aggregating participants by fire district, and in the case of Key Largo, separately by fire personnel and EMS personnel. A department's normal cost is not allowed to become negative. Expenses are shown unallocated and are assumed to be paid directly by the County. DRAFT MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Page 18 of 23 Actuarial Valuation as of January 1, 2010 ACTUARIAL ASSUMPTIONS EXHIBIT 5 - B Actuarial Study as of - Valuation Date Adjustment; Completed months to participate Maximum number of credited Service Months at program inception: For vesting purposes: For benefit accrual purposes: Annual Benefit Accrued for each completed year of service Maximum Annual Benefit Accrued for each completed year of service Vesting Schedule 01-Jan-2010 0 0 120 12 180 4500 Yrs Vesting 0 0% 10 100% Termination Assumption. Godwin's Table 1, V Select & Ultimate Table, w/ 50% termination prob. for YOS<l. Interest rate function assumptions i 107.65056 Maximum annual benefit accrual limited by IRC Present value of maximum benefit: Present value of annual benefit accrual Year First Allowed for Benefit Accrual Purposes: Maximum Credited Years for Benefit Accrual as of the Valuation Date: • s 2 Snol 107.65056 Maximum annual benefit accrual limited by IRC Present value of maximum benefit: Present value of annual benefit accrual Year First Allowed for Benefit Accrual Purposes: Maximum Credited Years for Benefit Accrual as of the Valuation Date: o v: 0.97561 d: 0.02439 a(10)due: 8.97088 i(12): 0.206% v(12): 0.99794 d(12): 0.00206 a(120)due: 106.41486 3,000 334.42 40,369 1,615 After: 1987 Before: 1988 24 3,000 334.42 40,369 1,615 After: 1987 Before: 1988 24 MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES LENGTH OF SERVICES AWARD PLAN Actuarial Valuation as of January 1, 2009 Page 19 of 23 PENSION COST RATIONALE EXHIBIT b When one speaks of pension costs, one must distinguish between "true" costs and. "actuarial" costs. The true cost of a pension plan depends on its experience and is equal to: Total Benefits Paid Total Expense to Run the Plan Investment Earnings Because this true cost is not apparent until many years into the fixture, and then only in retrospect, the actuary scientifically estimates what the true cost will be and then assesses a share against the current year's operations. In order to estimate the true cost elements, the actuary must try to predict the future happenings which will affect them -- such as death, employee turnover, expenses, investment earnings, etc. The assessment to each current year is made using a particular "cost method", selected by the actuary considering tax implications to the Employer, future cost versus future earnings patterns, present and projected makeup of employee force, etc. Based on these considerations, the actuarial costs are found to be as shown in this report. It is important to remember that these annual costs are estimates of the actuary, which, if his projections are realized, will accumulate according to certain future patterns, as dictated by the cost method, to meet the true costs on an adequate and timely basis. MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 20 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 EXHIBIT 7 GASB 25 Notes to the Financial Statements a. (1) The above PERS administrator is a single -employer with only one contributing county employer and no nonemployer and no contributors. (2) Only Volunteer Firefighters and EMS Volunteers are eligible at the sole discretion of the Plan Administrator, Any Volunteer who was age 60 or older on January 1, I999 shall not be eligible to participate. In addition, any Volunteers who are age 60 or older at the time they commence volunteer service, or who commence service at a time that will not permit them to earn ten Years if Service by their Normal Retirement Age shall not be eligible to participate in this Plan. Inactive Participants by category: Retirees currently receiving benefits Beneficiaries currently receiving benefits Terminated employees entitled to benefits Fully vested and past normal retirement date Partially vested Non -vested (3) The benefit provisions are as follows: Benefit Schedule Years of Monthly Annual Service Benefit Benefit 25 $375 $4,500 24 360 $4,320 23 345 $4,140 22 330 $3,960 21 315 $3,780 20 300 $3,600 19 285 $3,420 18 270 $3,240 17 255 $3,060 16 240 $2,880 15 225 $2,700 14 210 $2,520 13 195 $2,340 12 180 $2,160 11 165 $1,980 10 150 $1,800 8 0 26 34 37 0 --YY25 62 (4) Volunteer Firefighters must attain the rank of Structural Firefighter, Non -Structural Firefighter and or Emergency Vehicle Driver-Perator prior to being credited with ten Years of Service. EMS Vounteers must meet all requirements as defined by the State of Florida necessary to drive an emergency medical care and transporation vehicle (ambulance) and/or attain certification as an Emergency Medical Technician or Paramedic prior to being credited with ten Years of Service. Eligibility for vesting is completion of 10 years of service. The Plan shall be administered in accordance with the requirements of Chapter 112, Part VII, Florida Statutes. MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 21 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 EXHIBIT 7 GASB 25 Notes to the Financial Statements For each Plan Year, the Board shall appropriate funds from the budgets of the various fire/rescue MSTU's, such funds to be applied as a contribution to the LOSAP trust account in an amount as determined by the Plan Administrator as is necessary to fund the accrued or prospective benefits for Participants on an actuarially sound basis and in accordance with Part VII of Chapter 112, Florida Statutes. There are no Participant contribution requirements. The authority under which those obligations are established is the Monroe County Ordinance No. 026-1999 b. (1) The accounting policies include the Accrual basis of accounting, and assets are reported at Market Value. Exchanges or "swaps" of securities are accounted for in the income. (2) We are aware of no investments (other than U.S. government and U.S. government -guaranteed obligations) which represented more than 5% of net assets available for benefits. (3) We are aware of no investments in, loans to, or leases with any PERS official, government employer official, party related to a PERS official or governmental employer official, nonemployer contributor, or organization included in the reporting entity. The Actuarial Present Value of credited projected benefits, is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increases and any step -rate benefits, estimated to be payable in the future as a result of employee service to date. There are no salaries paid to the Participants. MONROE COUNTY, FLORIDA VOLUNTEER FIREFIGHTER AND Page 22 of 23 EMERGENCY MEDICAL SERVICES LENGTH OF SERVICE AWARD PLAN Actuarial Valuation as of January 1, 2010 EXHIBIT 7 GASB 25 Notes to the Financial Statements The significant actuarial assumptions used to compute the pension benefit obligation were: Investment Yield: 2.50% for both present and future. Mortality Pattern: Not applicable Salary Increases: Not applicable Termination: Godwin's Table 1, V Select & Ultimate Table, with 50% termination prob. for YOS<I. The System's funding policy, as mandated by ordinance, provides for actuarially determined periodic contributions The Actuarial Funding Method is a variation of the aggregate actuarial cost method. The present value of the projected benefits is calculated using the provisions of the plan and the actuarial assumptions. The actuarial value of assets includes only the value of assets. There are no member contributions, nor any State premium tax refunds. The GASB 25 Actuarial Funding Method is the Aggregate Method. Since there is no salary, allocations are based on service. Aggregation is used by fire district, in order to permit the county to allocate costs by district. Under this method, gains and losses are spread over future normal costs. V Ammm OUSIN [rrn S O a n a nn " oa o o «.a m w o a U n n 0 e ]Gr °a n Eat +1 J O W U �1 O •.• LynopH _ 00 all l COSO b0� J 3+1 O A O y tippl Op Op � 1� P v T O 4yi ,�yi O S O O S 0 0o a o0 ] 0 0 O oO W W oil sss OO W is - i.Z h� rna a U Nat ooG pO 'Pv SSpU Sp oo �O U 00 N 06 W W N JO N Lp O b S sit a C S O O A O A`6 m OJO N �aappopppo ... e� i3p S S b o o S p p 0 w OT w 0 0 Q W 0 0 A pOp pJp p+p! O O 00 Al IJ V_7 � Op� O Op O O O Op jjj p�, Np rP b 0� oOo p O S S O O s 0 W U N O q N 0 U A O O AAp 0 0 0 S a p pO S O O sill O OR 0p r O O y0 O Op W 4i ... p0p pwp p �a � n d � o � m a m >y � a y n ' D y � a m a ti n BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Emergent' Services Bulk Item: Yes X No — Department: Emergency Management Staff Contact Person/Phone #: Jose Tezanos X6325 AGENDA ITEM WORDING: Approval of an agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Base Grant (Contract # 11-BG-05- 11-54-01) in the amount of $79,335.00 (less $2,312 for satellite service for 9 months), grant funded; and authorization for the County Administrator to execute any other required documentation in relation to the application process. ITEM BACKGROUND: This is an annual Grant Agreement between the State of Florida, Division of Emergency Management and Monroe County. The Grant is intended to enhance County Emergency Management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program.. PREVIOUS RELEVANT BOCC ACTION: This grant has been approved each year since 1994. CONTRACT/AGREEMENT CHANGES: This Agreement shall begin on October 1, 2010 and shall end June 30, 2011. FDEM is adjusting the Base Grant to meet the State of Florida fiscal cycle. STAFF RECOMMENDATIONS: It is appropriate to accept this State and federally funded subgrant agreement. These fiends should be allocated to project GE1102 which currently reflects the Federal portion of this grant. TOTAL COST: NONE INDIRECT COST: NIA BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NONE SOURCE OF FUNDS: BASE GRANT REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH Year $77,043.00 APPROVED BY: County Atty OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida DEM Contract #11-BG 05-11-54-01- Effective Date: October 1, 2010 Expiration Date: June 30, 2011 Contract Purpose/Description: Approval of an agreement with the State of Florida, Division of Emergency _Management concerning an Emer ency Management Base Grant FY 2011 (Contract ## 11-BG- 05-11-54-01) in the amount of $79,335.00 (less $2,312 for satellite service for 9 months), grant funded. Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Oct 20,2010 Agenda Deadline: October 5, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 77,023.00 Current Year Portion: $ 77,023.00 Budgeted? YesD No ® Account Codes: GE110M- _ Grant: $ 77,023.00 County Match: $ 0 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Nat included in dollar value above) {o ,maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ]. �riewer Division Director b - - / D Yes[] NpQ/ Risk Manage nt - O-) YesD No[d [6 O_M•B./PurcLing S l 10 Yes[:] No© L&Q- County Attazxzey C Lft YesD No( LAD-L •� 7ff 2e1�% Comments: i 2127101 tv rp XP Contract Number: 11-BG-05-11-54-01- CFSA Number: 52.008 STATE -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgraht these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Scope of Work and Budget, Attachment A, A-1 and B of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment C. (3) PERIOD OF AGREEMENT. This Agreement shall begin on October 1, 2010 and shall end June 30, 2011, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal Common Rule: Uniform Administrative Requirements for State and local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles far Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5.000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of Work and Budget - Attachment A, A-1 and B - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable limes for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $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, Fla. Stat,; applicable rules of the Executive Once of the Governor and the Chief Financial Officer: and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of Slate financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, 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, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http:llwww.state.fl.usifsaalstatutes.htmi. 2 (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient dir_ ectly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.ft.us] and Division of Emergency Management Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financia[ reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant 3 or a public accountant licensed under Chapter 473, Fla. Slat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are December 31, March 31 and June 30. (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A and A-1 to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures, The Recipient agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit, The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28. Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract, (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement-, (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: B50-413-9920 Fax: 850-488-7842 Email: jenene.helms@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Irene Toner Monroe County 490 63 d Street, Ocean Suite 150 Marathon, Florida 33050 Telephone: 305-289-6065 Fax: 305-289.6333 Email: toner-irene@monroecounty-fl.gov (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A and A-1 — Scope of Work Attachment B — Budget Attachment C — Program Statutes, Regulations and Program Requirements Attachment D — Reports Attachment E —.Justification of Advance Attachment F — Warranties and Representations Attachment G — Certification Regarding Debarment Attachment H — Statement of Assurances Attachment I — Change Sheet (17) FUNDINGICONSIDERATION (a) By execution of this Agreement, the Recipient also authorizes the Division to pay on its behalf $2,312 for the recurring charges for the satellite communications service from the total allocation provided to Recipient of $79,355. (b) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $77,043, subject to the availability of funds. (c) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. [fan advance payment is requested below, (he budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $ is requested (d) After the initial advance, if any, payment shall be made on a reimbursement basis as needed, The Recipient agrees to expend funds in accordance with the Scope of Work and Budget, Attachment A, A-1 and B of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit Its closeout report within forty-five days of receiving notice from the Division. The amount of funds available pursuant to this rule chapter (Rule 9G-19.011, Florida Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after July 31, 2011, may, in the discretion of the Division, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission or by e-mail. Changes to the amount of funding to be provided may be accomplished by notice from the Division to the Recipient. The Division may make an award of additional funds by subsequent modification. Should (he Recipient determine it does not wish to accept the award of additional funds, the Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon execution of the modification and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Division when the offer of additional funds is made. All funds received hereunder shall be placed in an interest -bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county genera[ revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 9G-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. 8 All payments relating to the Agreement shall be mailed to the following address: (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the following address: Department of Community Affairs Cashier Finance and Accounting 2555 8humard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215,34(2), Fla. Slat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15,00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals; 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4, have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in B U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. 10 In) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. (p) The Agreement may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. (q) Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 12 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: MONROE COUNTY By: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT Name and Title: David Halstead Director Florida Division of Emergenev Mana ement Date: MONROE COUNTY ATTORNEY PR lIE�AS� j ORM: CYNTHIA' L. HALL ASSISTANT COUNTY ATTORNEY Date T- 1Z4"110-010 13 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97 FLORIDASTATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Emergency Management Catalog of State Financial Assistance Title* Emergency Management Programs Catalog of State Financial Assistance Number: 52008 State Financial Assistance: $79,355 (less $2,312 for satellite service for 9 months) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county emergency management plans and programs. Eligible recipients for these funds are the 67 Florida counties. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 14 Attachment A and A-1 Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program, As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Division and attached hereto as Attachment A-1. Subsequent revisions during the term of this Agreement shall be a written modification in accordance with Paragraph (4) of this Agreement. 15 a L, � O 0 � � N O O N � p O W N L C: 4w '� � � Z a� m rz rz O a m w R ^ D m o `� o o a p g E _ m c o c c o f V N U U E ` � U ^J D V U E O CL C K u o -s � 22 _C uc 0, to 'tEJ o> o to o to x c E > v� VO �v p O O O° c °� u. a n N rGq rFa eu O c c eci 0 u¢¢3 ..� O o� R? a>i J v -us 0''C G T y,.� F'R'.'7 v 'u u r, u u •n � �s E O Uo v .,., c y c E w v ? E c w o v v:�' �to v s O A � ice.. '� ✓ E U E' V1 � x G G � „`�� � � 0. •� Q V "J •D t c � .... '^ � � C ei O114 � D r3 � � u E CG.q W •� V K ai K v n 0 0 o f ;3 W o Y 5 U toto C.7 Si7 C.7 G U .0 m y u o 0 c �1 q } \ a G 3 } $ )\/ §)\ 2 LLI \;E$q) \ C) OM \ to / - ) ()�\�\ Q � )\ z , !% eo m CL =E"R 222 F: 7 5;Qto ^ ) \ - ) ca u ) 13.7 8 y.e�. \§ / m�=�2] &t:=A®/ue :/ J\ §; J| -cc§ 2 ra AB )} ]j °§�e-:�k 6 u (,)/\»E )\ ze_mcee 2 00 eg c° o u v � � V _ G u V Vtf WK .0 tV•J It F F p u a O •np OW G v O .o tx ati `a ' e '� V��' V L U O U G Q to Tc R v ? M C a G �• C q � c a p q ak r - rp cYi E � ep C� U G O �✓C. C �'C .. C oLq G.• O W V 'O W ., G .� v .. '� .,.. .o ._ Q u ."j ': G .. ._ r,1 ,C ,0 � N o � cCi S.. c� O Q o C y V •Qocv V �' � 'c - E• Q 3 3 d �" 'E C7 u •� M `" A r Y C U YO C V Vj C� y U CO tq 75 •" C C j `� � Q y CS '� i `3 •G w � � C .0 '? a Q c� C C E '6 y£ •� E �. V1 U C Q C � O � '� ', r3 -''e' a U a A > g K E v 'C G 0. F f C L G v _.0 a •� C L• a J._ a ❑._ L..Va eat za aroaa.. C �.� � � nab =a v�•� �.� � > �b $ � �: .U. .'�. cn Tin 0. •r T7 ? R o •. CJ V] � �: •C = � yV1 u u .a o w y L7� Cm UG cc Cso Pw OF W 47 �t a A s c �o C :,moo T o � c 'na � U � _ v o r T� Vty W o f N W S = o —� ° o ° o O C M W 9 C 4.2 00 �„" u572 O� o o O� n �p d orz p Lo �J E u A �co'c c U C7 �7:1 o a z Z � H •� � � �:, g '.Z —„ rs ? v � u •C 'a oG � L�.. fi�n•• s �_ 'o rn a ea o k � �_ .ry •c d � ..c - g ¢. S+ _ u .oho o U P, 'O G O '--• a rq r � '� � 7 ' �+ V = � 87o C�-7 n`i u'a tea, ' •" u 5,wx .^, v ir.. ccs —o Y y a o Va `o E Y a. E u b a. E E lu -0 1, 4'� a •.�, .u, m a a '� a W^ C. .. •{ s `Qvvi.0 Gu .E a� v _> E d V w y g E O c V C C ;v •3 a u u d y '� `� c.e 2 y u Q ra 4 Q o c, _ u ,yam, n i7 ❑ P v] A u b n u u C e. q \\ ] �\ G.( \k /j �\ �\ / \ � &§ / \ .2 eg � \\ \� ® &O t u Attachment B Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDING/ CONSIDERATION] Cate -gory Salaries/Fringe Benefits Other Personal Services Expenses Operating Capital Outlay Fixed Capital Outlay Total State Funds Antici ated Expenditure Amount $ _77,023.00 $ 77,023.00 (see section 17 — Funding/Consideration) Attachment C Program Statutes, Regulations and Program Requirements Program Statutes 1. Chapter 252, Florida Statutes 2. Rule Chapters 9G-6, 9G-11. 9G-19 and 9G-20, Florida Administrative Code 3. 48 CFR, Part 31 Program Reautrements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), and the Division, (a copy of which is available from the Division) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Division) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Division, the Recipient and other sites. In particular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Division's State Watch Office (SWO) (850) 413-9910. B. That the Recipient will assist and comply with the instructions of the SWO and any technical service representative responding to the report or service request. Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C_ That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Division. D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange permitted access to areas of third -party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Division is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. 25 E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Division agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWO, and shall comply with reasonable instructions issued thereafter. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Division's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Division to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements, The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Division pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the equipment or any accessories, attachments or other devices. 26 The Recipient shall be independently responsible for any and all charges not part of the initial service order. (2) NAWAS The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security product that shall be monitored 24 hours a day1365 days a year. The U. S. Department of Homeland Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility of the recipient. (3) VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipients Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A- 102 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund, The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances 27 emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-39.002(6), Florida Administrative Code. 6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Division. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages maybe purchased for Emergency Management personnel and other personnel only if the Recipient's Emergency Operation Center or Field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases maybe made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, Florida Statutes. 28 Attachment D Reports A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report, all in a format to be provided by the Division. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a_ hard copy will be mailed with a fully executed copy of the Agreement. B. The Recipient shall provide the Division with a sampling of documentation listed below will be requested by your contract manager for each quarter. If you wish to submit one or two items (i.e., invoice and checklproof of payment) with your reports, this will suffice unless other sample documents are deemed necessary for audit purposes for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the county. • Salaries: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries) • OPSIContractual Services: Copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks related to these services. • Expenses: Copies of invoices/receipts, checks and canceled checks o If traininglexercise is provided by contractor, an agenda, training materials, exercise materials and copies of sign -in rosters of attendees should be included. If planning is provided then will need copies of planning materials and work products (i.e., meeting documents, copies of completed plans, etc.) o For travel and conference activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travellconference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. • OCO: Copies of invoices/receipts, checks and canceled checks • FCO: Copies of invoices/receipts, checks and canceled checks • Copies of the general ledger each quarter should also be provided. C. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31 and June 30. D. The final close-out report is due forty-five days after termination of this Agreement. E. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Division no later than December 31, 2010. The Historical Information form must be prepared and signed by an official of the County s Finance Office. 29 In a format provided by the Division, a proposed staffing summary and the counties position descriptions shall be submitted to the Division not later than December 31, 2010. G. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10), (11) and (12), and Rule 9G-19.014, Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. 30 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. f l ADVANCE REQUESTED f l NO ADVANCE REQUESTED No advance payment is requested. Payment Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds will be solely on a reimbursement basis. No are needed to pay staff, award benefits to clients, duplicate addilionaI information is required. forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET Ifyou are requesting an advance, complete the following worksheel (A) (II) (C) (D) DESCRIPTION FFY 2008 FFY 2009 FFY 2010 Total I INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES€ 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) 'First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call vour consultant and they will assist you. MAXIMU1yI ADVANCE ALLOWED CALULATION: X 5 Cell➢3 DEM Award MAXIMUM ADVANCE (➢o not include any match) 31 REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptionai circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation o€Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES 200 -200 Anticipated Expenditures for First Three Months BUDGET CATEGORY of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circunrstmtces. 32 Attachment F Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) . Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment, Whenever appropriate, financial information should be related to performance and unit cost data, (6) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids andlor requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. 33 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 34 Attachment G Subcontractor Covered Transactions (t) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Recipient's Name DCA Contract Number 35 Attachment H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E,O, 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant, 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA, 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of Flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and 36 Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs, 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15, It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 37 Attachment I Whenever there is a change to any information listed in the Telephone Directory, please note changes on this change form and submit it to our office as soon as possible. It is imperative for this directory to be as accurate as possible in the event of an emergency. A copy of these changes will be forwarded to the other counties on the Change Form included in the Telephone Directory. County: Emergency Management Contact/Director, Mailing Address: Physical Address: Office Phone: Home Phone: Fax: Suncom: Warning Point Phone: Duty Pager. Cellular Phone: Warning Point Fax: Internet Address: Assistant Director: Office Phone: Pager: Cellular Phone: Home Phone: Other Staff: Directions to EOC: 2 Directions to EM Office: County Officials: Mayor: Sylvia Murphy Office Phone: (305) 453-8787 Fax: (305) 453-8789 Chairman: Office Phone: Fax: County Administrator: Office Phone: Fax: Assistant County Administrator: Office Phone: Fax: Sheriff: Office Phone: Fax: School Superintendent: Dr. Joseph Burke Office Phone: (305) 293-1400 Fax: (305) 293-1408 American Red Cross: (include Chapter) J. B. Hunt (Greater Miami & The Keys) Office Phone: (305) 296-4033 Fax: (305) 296-9388 Other: Submit changes to the State Watch Office by e-mail at EOC-O erations em.m orida.com, by fax at 850-488-7841 or at the followingaddress Division of Emergency Management 2555 Shumard Oak Boulevarttt Tallahassee, Florida 32399-2100 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 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 chasing X Risk Management N/A DOCUMENTATION: DISPOSITION: Revised I 1 /06 Included X Not Required AGENDA ITEM # OMB Schedule Item Number 1 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type Grants Cost Center#13505 REP Project# GE1101 Revenue: 125-5250-13505-342900SS-GEI101 Total Revenue Appropriations: 125-5250-13505-530490-GE1101-510120 125-5250-13505-530490-GE1101-510210 125-5250-13505-530490-GE1101-510220 125-5250-13505-530490-GE1101-510230 125-5250-13505-530490-GE1101-510240 125-5250-13505-530490-GE1101-530400 125-5250-13505-530490-GE1101-530410 125-5250-13505-530490-GE1101-530490 125-5250-13505-530490-GEI101-530510 125-5250-13505-530490-GE1101-530520 125-5250-13505-530490-GE1101-530460 125-5250-13505-530490-GE1101-530528 125-5250-13505-530490-GE1101-530540 125-5250-13505-530490-GE1101-560640 Total Appropriations Public Safety/Other Svcs $125,000.00 $125,000.00 Salaries & Wages $ 60,625.00 FICA Taxes $ 5,000.00 Retirement Contribution $ 5,000.00 Group Insurance $ 11,000.00 Workers Comp. $ 5,000.00 Travel $ 4,000.00 Phone & Postage $ 14,000.00 Miscellaneous $ 1,600.00 Office Supplies $ 1,000.00 Operating Supplies $ 2,500.00 Repair & Maint $ 500.00 Internal Fuel $ 1,400.00 Books, Publc., Subs., Edu. $ 7,500.00 Capital Outlay -Equipment $ 5,875.00 $125,000.00 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 20th day of October, 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 1 unant 13505 GE1101 REP FYI OMB Schedule Item Number 2 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 62019— State Aid to Libraries Project GP1100 — FYI I State Aid to Libraries Function # 5700 —Culture Recreation Activity #5710 — Libraries Official/Division 91016 Revenue: 125-62019-334701 OR -GPI 100 State Aid to Libraries $50,000.00 ------------- Total Revenue $50,000.00 Appropriations: 125-5710-62019-530490-GP1100-560660 Library Materials $50,000.00 ------------- Total Appropriations: $50,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ME Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 2 unant FYI l library grant gp1100 OMB Schedule Item Number 3 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center # 63574 ARFF Equipment Project# GAMD68 ARFF Equipment Function# 5400 Activity# 5420 Official Division# 1018 Revenue: 403 — 63574-33441OCT ARFF Equipment $177,000.00 Total Revenue $177,000.00 Appropriations: 403-63574-560640 Capital Outlay $177,000.00 Total Appropriations: $177,000.00 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 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 3 rlvr unant Fund 403 63574 gamd68 ARFF Equipment OMB Schedule Item Number 4 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6155609 ARRA HPRP Grant Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6155609-3316900H Total Revenue Appropriations: 125-6155609-510120 125-6155609-530430 125-6155609-530520 Total Appropriations: Federal Grants Regular Salaries & Wages Utilities Operating Supplies CFDA#14.257 Contract Period: 10/1/09-6/30/11 $100,000.00 $100,000.00 $ 0.00 $100,000.00 $ 0.00 $100,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20`" day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 4 unant ARRA HPRP grant 6155609 amend#3 OMB Schedule Item Number 5 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 001 General Fund From: 001-5130-85500-590990 Other Uses Cost Center #85500 Reserves 001 For the Amount: $8,000.00 To: 001-5620-04594-530440 Rentals & Leases Cost Center #04594 Health Dept Lease 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 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIZ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 5 transfer Fund 001 fin 85500 to 04594 OMB Schedule Item Number 6 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2011, 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 2011 as, hereinafter set forth to and from the following accounts: Fund # 403 Marathon Airport From: 403-5130-85535-590990 Other Uses Cost Center #85535 Reserves 403 For the Amount: $177,000.00 To: 403-5420-63574-560640 Capital Outlay -Equipment Cost Center #63574 ARFF Equipment 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 20th day of October, 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 transfer Fund 403 fin 85535 to 63574 grant match OMB Schedule Item Number 7 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 149 Municipal Policing From: 149-5130-85545-590990 Other Uses Cost Center #85545 Reserves 149 For the Amount: $4,843.00 To: 149-5210-04321-510230 Group Insurance Cost Center #04321 Insurance -Marathon 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 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 7 trsf Fund 149 fm 85545 to 04321 insurance Resolution No. - 2010 OMB Schedule Item Number 8 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the amount hereinafter set forth: Fund #158 Misc. Spec. Revenue Fund Revenue: 158-348141SC Misc. Special Revenue Fund $7,397.81 ------------- Total Revenue $7,397.81 Appropriations: 158-5640-04586-530340 Other Contractual Service $7,397.81 Total Appropriations: $7,397.81 Revenue: 158-348142SC Misc. Special Revenue Fund $7,397.82 ------------- Total Revenue $7,397.82 Appropriations: 158-5810-86549-590001 Budgeted Transfers $7,397.82 Total Appropriations: $7,397.82 Revenue: 158-348145SC Misc. Special Revenue Fund $7,397.82 ------------ Total Revenue $7,397.82 Appropriations: 158-5210-68627-530340 Other Contractual Service $7,397.82 Total Appropriations: $7,397.82 Item 8 unant fund 158 Grim add costs page 1 Revenue: 158-348144SC Misc. Special Revenue Fund $7,397.86 ------------ Total Revenue $7,397.86 Appropriations: 158-6010-82506-530340 Other Contractual Service $7,397.86 Total Appropriations: $7,397.86 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October 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 8 unant fund 158 Grim add costs page 2 OMB Schedule Item Number 9 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 101 Fine & Forfeiture Fund From:101-5130-85503-590990 Other Uses Cost Center #85503 Reserves 101 For the Amount: $21,493.00 To: 101-5230-04590-530490 Miscellaneous Cost Center #04590 Juvenile Detention Cost Share 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 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 9 transfer Fund 101 fm 85503 to 04590 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 # 001 General Fund From:001-5130-85500-590990 Other Uses Cost Center #85500 Reserves 001 For the Amount: $6,000.00 To: 001-5130-06500-510120 Salaries Cost Center #06500 Personnel From: 001-5130-85500-590990 Other Uses Cost Center #85500 Reserves 001 For the Amount: $403.00 To: 001-5270-68000-510120 Salaries Cost Center #68000 Medical Examiner From:001-5130-85500-590990 Other Uses Cost Center #85500 Reserves 001 For the Amount: $1,800.00 To: 001-5120-05000-510220 Retirement Cost Center #05000 County Administrator From: 001-5130-85500-590990 Other Uses Cost Center #85500 Reserves 001 For the Amount: $4,405.00 To: 001-5190-20000-510120 Regular Salaries Cost Center #20000 Public Works Admin BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, 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 10 trsf 001 fin 85500 to various cc OMB Schedule Item Number 11 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund # 405 KWAIP SERIES 2006 BONDS Cost Center # 88907 Debt Svc Grant FAA 037-43 Project# GAKB11 Debt Svc Grant FAA 037-43 Function # 5100 Activity #5170 Official/Division #1018 Revenue: 405-88907-3314100T-GAKB 11 Fed Grants-Transp-Airport Dev't $751,425.00 ----------- ---- Total Revenue $751,425.00 Appropriations: 405-88907-570710-GAKB 11-570710 Principal $751,425.00 ---------------- Total Appropriations: $751,425.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 201h day of October AD 2010. Mayor Murphy Mayor Pro Tem. Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IC Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 11 unant fund 405 88907 GAKB11 FAA grant#037-43 FYI OMB Schedule Item Number 12 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 2011, 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 2011 as, hereinafter set forth to and from the following accounts: Fund # 405 KWAIP Series 2006 Bonds From: 405-5130-85564-590990 Other Uses Cost Center #85564 Reserves 405 For the Amount: $40,424.00 To: 405-55170-88907-570710-GAKB11-570710 Principal Cost Center #88907 Debt Svc FAA Grant 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 20th day of October, 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 12 transfer Fund 405 fin 85564 to 88907 GAKB I FAA#037-43 grant match OMB Schedule Item Number 13 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the amount hereinafter set forth: Fund # 125 Gov. Fund Type Grants Cost Center # 6153109 C1 OAA-929 Function # 5600 Activity #5640 Official/Division 41016 Revenue: 125-5640-6153109-381001GT Transfer fm Fund 001 $8,000.00 -------------- Total Revenue $8,000.00 Appropriations: 125-5640-6153109-510120 Regular Salaries & Wages $8,000.00 ------------- Total Appropriations: $8,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October 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 13 unant fund 125 6153109 C1 OAA-929 grant match 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 # 125 Gov, Fund Type Grants Cost Center # 6153409 III E OAA-929 Function # 5600 Activity #5640 Official/Division #1016 Revenue: 125-5640-6153409-38100IGT Transfer fm Fund 001 $3,000.00 -------------- Total Revenue $3,000.00 Appropriations: 125-5640-6153409-510120 Regular Salaries & Wages $3,000.00 ------------- Total Appropriations: $3,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 201h day of October 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 14 unant fund 125 6153409 III E OAA-929 grant match OMB Schedule Item Number 15 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 148 Plan, Build, Zoning From: 148-5130-50001-530318 Legal Services Cost Center #50001 Growth Mgmt Admin For the Amount: $25,000.00 To: 148-5140-67502-510120 Regular Salaries & Wages Cost Center #67502 County Attorney Growth From: 148-5130-50001-510120 Regular Salaries & Wages Cost Center #50001 Growth Mgmt Admin For the Amount: $6,000.00 To: 148-5370-52000-510120 Regular Salaries & Wages Cost Center #52000 Environmental Resources From: 148-5130-50001-510120 Regular Salaries & Wages Cost Center #50001 Growth Mgmt Admin For the Amount: $2,500.00 To: 148-5240-60500-510120 Regular Salaries & Wages Cost Center #60500 Code Enforcement From: 148-5130-85525-590990 Other Uses Cost Center #85525 Reserves 148 For the Amount: $6,000.00 To: 148-5220-14000-510120 Regular Salaries & Wages Cost Center #14000 Fire Marshall Item 15 trsf fund 148 transfers BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA L-12 (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 15 trsf fund 148 transfers Mayor/Chairman 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 # 207 2003 Revenue Bonds From: 207-5170-87602-570730 Other Debt Service Costs Cost Center #87602 FRUFC Revenue Notes For the Amount: $4,000.00 To: 207-5170-87601-570730 Other Debt Service Costs Cost Center #87601 Debt Svc-2007 Rev Bond 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 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 trsf fund 207 fin 87602 to 87601 Mayor/Chairman OMB Schedule Item Number 17 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund #501 Worker's Compensation From: 501-5620-07505-530316 Medical Services Cost Center #07505 Workers Comp Catastrophic For the Amount: $9,646.00 To: 501-5620-07501-510120 Regular Salaries Cost Center #07501 Workers Comp Admin From: 501-5620-07505-530316 Medical Services Cost Center #07505 Workers Comp Catastrophic For the Amount: $210.00 To: 501-5620-07501-510210 FICA Cost Center #07501 Workers Comp Admin From: 501-5620-07505-530316 Medical Services Cost Center #07505 Workers Comp Catastrophic For the Amount: $1,036.00 To: 501-5620-07501-510220 Retirement Cost Center #07501 Workers Comp Admin BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 16 trsf fund 501 fin 07505 to 07501 Mayor/Chairman OMB Schedule Item Number 18 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010 now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #306 Clerk's Rev Note, Capital Cost Center # 02500 Court Svcs Network Sys Function# 7100 Activity# 7130 Official Division# 0200 Revenue: 306-389002 Total Revenue Appropriations: 306-7130-02500-530340 Total Appropriations: Fund Balance Forward Other Contractual Svcs $ 99,000.00 $ 99,000.00 $ 99,000.00 $ 99,000.00 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 20t" day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 18 unant Fund 306 Clerk's Rev Note, Capital 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 06019 — Residential Substance Abuse Treatment Project GG1109 — Monroe County Jail Incarceration Program Function # 5600 Activity #5630 Official/Division - #1000 Contract # 2011-RSAT-MONR-I-A9-004 Revenue: 125-06019-3312000S-GG1109 125-06019-381101 GT-GG1109 Total Revenue Appropriations: 125-5630-06019-530490-GG 1109 Total Appropriations: Federal Grants - Public Safety $50,000.00 Transfer from Fund 101 $16,667.00 $66,667.00 Miscellaneous $66,667.00 $66,667.00 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 19 unant Fund 125 06019 GG1109 RSAT 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 # 125 Gov. Fund Type Grants Cost Center # 0459108 Hurricane Ike Project# IMONRB7 Function # 5200 Activity #5250 Official/Division #1000 Revenue: 125-0459108- 381001GT-IMONRB7 Transfer fin General Fund 001 $3,097.00 -------------- Total Revenue $3,097.00 Appropriations: 125-5250-0459108-530490-IMONRB7-530490 Miscellaneous $3,097.00 ------------- Total Appropriations: $3,097.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIN Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 14 unant fund 125 6153409 III E OAA-929 grant match 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 06034 — Recovery Act JAG Prgm Project GG1003 — Recovery Act JAG Prgm Function # 5600 Activity #5630 Official/Division - #1000 Federal Award #2009-SB-B9-0468 CFDA #16.804 Term: 3/1/09 to 2/28/13 Revenue: 125-06034-3316900H Federal Grants — Human Services $36,440.13 Total Revenue $36,440.13 Appropriations: 125-5630-06034-530490 Miscellaneous $36,440.13 ------------ Total Appropriations: $36,440.13 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20"' day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA L-02 Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 21 rlvr unant Fund 125 06034 GG1003 Rcvy Act JAG Prgm 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund 9125 - Governmental Fund Type Grants Cost Center # 0459105 Hurricane Wilma Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division #1000 Revenue: 125-0459105-3315000E Federal Grants -Economic Env $ 7,786,101.46 125-0459105-3345000E State Grants -Economic Env 1,563,293.24 125-0459105-38100IGT Transfer From General 001 1,563,293.24 Total Revenue $ 10,912,687.94 Appropriations: 125-0459105-510120 Regular Salaries $ 3,804.53 125-0459105-510210 FICA Taxes 65.60 125-0459105-510220 Retirement Contributions 107.10 125-0459105-530310 Professional Services 430,886.86 125-0459105-530340 Other Contractual Services 9,449,009.91 125-0459105-530400 Travel 92.04 125-0459105-530410 Phone & Postage 1,759.15 125-0459105-530430 Utility Services 35,997.73 125-0459105-530440 Rental & Leases 74,124.96 125-0459105-530460 Repair & Maintenance 458,980.94 125-0459105-530461 Repair & Maint: Bldg 1,148.13 125-0459105-530462 Vehicle Maint. 7,808.17 125-0459105-530463 R&M-FLT Outside Vendors 5,243.00 125-0459105-530490 Miscellaneous 99,329.93 125-0459105-530498 Advertising 1,734.72 125-0459105-530520 Operating Supplies 132,239.13 125-0459105-530521 Gas 37,902.68 125-0459105-530523 Diesel 51,068.14 125-0459105-560620 Cap. Outlay- Buildings 729.00 125-0459105-560630 Cap. Outlay- Infrastructure 466.03 125-0459105-560640 Cap. Outlay- Equipment 44,953.06 125-0459105-560641 Cap. Outlay- Vehicles 66,722.00 125-0459105-560660 Books, Pubs. & Lib. Materials 8,515.13 Total Appropriations: $10,912,687.94 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 22 rlvr unant Fund 125 0459105 Huff Wilma 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 06042 CIT/ReEntry Diversion Prj Project # GG1101 Crisis Intervention Training (CIT)/Implementation & Community Re -Entry Diversion Project Function # 5600 Activity #5690 Official/Division - #1000 Award # 2010-DJ-BX-1076 Grant Period: 9/15/10 to 9/30/13 Revenue: 125-06042-3312000H-GG1101 Total Revenue Appropriations: 125-5690-06042-530490-GG1101-530340 Total Appropriations: Federal Grants -Human Svc $21,898.00 $21,898.00 Other Contractual Svc $21,898.00 $21,898.00 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am Mayor/Chairman (Seal) Attest: DANNY L. KOLRAGE, Clerk Item 23 unant Fund 125 06042 GGI 101 CIT/Imple & Comm Re -Entry Div Prj OMB Schedule Item Number 24 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 22527 Pigeon Key Ferry Service Project #GN0701 Pigeon Key Ferry Service Function #5400 Activity #5430 Official/Division # 1021 Joint Participation Agreement AOQ11 Financial Project Number 414545-1-58-01 Revenue: 125-22527-3344900T State Grant -Transportation $204,188.46 Total Revenue $204,188.46 Appropriations: 125-5430-22527-530340 Other Contract Services $204,188.46 Total Appropriations: $204,188.46 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 20"' day of October 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 24 rlvr unant Fund 125 22527 GN0701 Pigeon Key Ferry Grt OMB Schedule Item Number 25 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011 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 2011 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 125-22537-381102GT Total Revenue Appropriations: 125-5410-22537-560630 Total Appropriations: Federal Transportation Grant $630,963.17 Transfer fm Fund 102 $ 45,446.00 $676,409.17 Capital Outlay -infrastructure $676,409.17 -------------- $676,409.17 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem 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 25 rlvr unant Fund 125 22537 GM0901 Geiger Creek Brdge Grt 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 22540 Trafic Signal Maintenance Project # GM1001 Trafic Signal Maintenance Function 5400 Activity 5410 Offcl/Div# 1013 Contract Number: A-PP06 Financial Project # 405576-1-88-03 F.E.LD. # VF596-000-749-099 Revenue: 125-22540-3344900T State Grants -Transportation $10,514.22 Total Revenue $10,514.22 Appropriations: 125-22540-560630 Capital Outlay -Infrastructure $10,514.22 Total Appropriations: $10,514.22 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20'h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IIn (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 26 rlvr unant Fund 125 22540 GM1001 Traffic Signal Maint Grt OMB Schedule Item Number 27 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 22541 Tom's Harbor Channel Brdge Project # GM1002 Tom's Harbor Channel Brdge Function 5400 Activity 5410 Offcl/Div# 1013 CSFA 55.009 Financial Project # 428550-1-58-01 Revenue: 125-22541-3344900T State Grants -Transportation $1,159,433.00 125-22541-381102GT Transfer fm Fund 102 $ 410,097.00 Total Revenue $1,569,530.00 Appropriations: 125-22541-560630 Capital Outlay -infrastructure $1,569,530.00 --------------- Total Appropriations: $1,569,530.00 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 20t` day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 27 rlvr unant Fund 125 22541 GM1002 Tom Harbour Brdg Grt OMB Schedule Item Number 28 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125- Government Fund Type Grants Cost Center # 53020 Sunset Point Park Boat Ramp Project # GB0901 Function 5400 Activity 5490 Off/Div 1015 Revenue: 125-53020-33449OCT 125-53020-381157GT Total Revenue Appropriations: 125-5490-53020-510120 125-5490-53020-510210 125-5490-53020-210220 125-5490-53020-530340 125-5490-53020-560630 Total Appropriations: State Grants -Economic Env Governmental Transfer FWC Contract # 08071 CSFA # 77.006 $ 86,677.92 $ 38,017.96 ------------- $124,695.88 Regular Salaries $ 8,000.00 FICA $ 2,000.00 Retirement $ 2,000.00 Other Contractual Svc $ 28,000.00 Capital Outlay -Infrastructure $ 84,695.88 $124,695.88 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 28 rlvr unant Fund 125 53020 GB0901 Sunset Point Ramp Grt OMB Schedule Item Number 29 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 86554 Bdgt Trsf 125 DEP/LP6803 Project # GN0807 BCWW DEP Grant LP6803 Function # 5800 Activity # 5810 Division # 1000 Revenue: 125-86554-334350CP State Grant-Phy. Env $860,711.00 Total Revenue: $860,711.00 Appropriations: 125-86554-590310 Transfer to Fund 310 $860,711.00 Total Appropriations: $860,711.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make the necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20`h day of October 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 29 unant fund 125 86554 Bdgt trsf to fund 310 OMB Schedule Item Number 30 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 the rollover of unanticipated funds in the Monroe County Budget for Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the amount hereinafter set forth: Fund #125- Government Fund Type Grants Cost Center # 13505 REP Project# GE0901 Function 5200 Activity 5250 Off/Div 1012 Revenue: 125-13505-342900SS REP Public Safety $5,392.14 ------------- Total Revenue $5,392.14 Appropriations: 125-5250-13505-530490 Miscellaneous $5,392.14 Total Appropriations: $5,392.14 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I0 Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 30 unant 13505 ge0901 rep grant fy10 Resolution No. - 2010 OMB Schedule Item Number 31 A RESOLUTION AMENDING RESOLUTION NUMBER 318-2009 WHEREAS, Resolution Number 318-2009, heretofore enacted for the purpose of receiving unanticipated funds, contains an erroneous information, and WHEREAS, it is the desire of the Commission to rectify by amendment such errors, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 318-2009 previously set up in the Monroe County Budget for the purpose of receiving unanticipated funds in Fiscal Year 2010 contained certain erroneous information and said resolution, passed and adopted on October 21 st , 2009 is hereby amended: Fund #125 - Governmental Fund Type Grants Cost Center # 86558 Bdgt Trsf 125 DEM EOC Gnt Project # GN0901 Mthn EOC Contract Number: 08-EC-30-11-54-01-039 CSFA # 52.010 Function # 5800 Activity # 5810 Division # 1000 Revenue: 125-86558-331200CS Fed Grant — Public Safety $ 60,928.06 125-86558-334200CS State Grant -Public Safety $925,769.77 Total Revenue: $986,697.83 Appropriations: 125-86558-590304 Transfer to Fund 304 $986,697.83 Total Appropriations: -------------- $986,697.83 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 20'h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro LIN BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 31 amend reso#318-2009 unant 125 86558 GN0901 DEM ECC OMB Schedule Item Number 32 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type Grants Cost Center#50503 Bicycle Pedestrian Plan Project# GWO501 Function#5400 Activity#5410 Official Division#1015 Revenue: 125-50503-3344900T Total Revenue: Appropriations: 125-5410-50503-530490 Total Appropriations: State Grants -Other $108,478.66 $108,478.66 Miscellaneous $108,478.66 $108,478.66 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 20`h day of October, 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 32 rlvr unant 50503 gw0501 Bicycle Ped OMB Schedule Item Number 33 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 - Governmental Fund Type Grants Cost Center # 86558 Bdgt Trsf 125 DEM EOC Gut Project # GN0901 Mthn EOC Contract Number: 08-EC-30-11-54-01-039 CSFA # 52.010 Function # 5800 Activity # 5810 Division # 1000 Revenue: 125-86558-331200CS Fed Grant — Public Safety $ 0.00 125-86558-334200CS State Grant -Public Safety $271,477.90 Total Revenue: $271,477.90 Appropriations: 125-86558-590304 Transfer to Fund 304 $271,477.90 Total Appropriations: $271,477.90 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 20'' day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 33 rlvr unant Fund 125 86558 GN0901 DEM EOC Grt OMB Schedule Item Number 34 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 the rollover of unanticipated funds in the Monroe County Budget for Fiscal Year 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125- Government Fund Type Grants Cost Center # 50508 — Overseas Heritage Trail Project # GWO100 Function 5400 Activity 5490 Off/Div 1015 Revenue: 125-50508-334490CT State Grants -Economic Env $171,020.13 125-50508-381130GT Governmental Transfer $171,020.13 Total Revenue $342,040.26 Appropriations: 125-5490-50508-560630 Capital Outlay Infrastructure $342,040.26 Total Appropriations: $342,040.26 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA an Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 34 rlvr unant 50508 gw0100 os htg trl OMB Schedule Item Number 35 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type grants Cost Center # 50511 Safety Imp Heritage Trail Project#GW0205 Function#5400 Activity# 5410 Official Div# 1015 Revenue 125-50511-334490OT 125-50511-381130GT Total Revenue: Appropriations: 125-50511-530490 Total Appropriations: State Grants -Other $11,651.45 Transfer from 130 $11,651.47 $23,302.92 Miscellaneous $23,302.92 $23,302.92 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20t' day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 35 rlvr unant 50511 gw0205 safety imp htg trl OMB Schedule Item Number 36 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Governmental Fund Type Grants Cost Center # 50516 Transp. Plug. Program 07-09 Function# 5400 Activity# 5490 Official Div# 1015 Revenue: 125-50516-3314900T 125-50516-381148GT Total Revenue Appropriations: 125-50516-510120 125-50516-510140 125-50516-510210 125-50516-510220 125-51516-530490 Total Appropriations: Federal Grants- Transp $375,069.88 Tnsfr fm Fund 148 66,188.80 --------------- $441,258.68 Regular Salaries $ 133,390.58 Overtime 0.00 FICA 0.00 Retirement 0.00 Miscellaneous 307,868.10 $441,258.68 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20`" day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LOW Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 36 rlvr uant 50516 gw0702, gw0703 Tnsp Ping Prog. OMB Schedule Item Number 37 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type Grants Cost Center# 0459106 Tropical Storm Fay Project# FMONRAI Function # 5200 Activity #5250 Official/Division #1000 Revenue: 125-0459106-3315000P Fed Grants Phy Env. $1,949,659.39 ---------------- Total Revenue $1,949,659.39 Appropriations: 125-0459106-510120 Regular Salaries $ 0.00 125-0459106-510210 FICA $ 0.00 125-0459106-530490 Miscellaneous $1,949,659.39 Total Appropriations: $1,949,659.39 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ME (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 37 rlvr unant fund 125 0459106 FMONRAI Tropical Storm Fay OMB Schedule Item Number 38 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 50517 LAP Wayfinding Signage Proj Project# GW1001 LAP Wayfinding Signage Proj Function # 5400 Activity # 5410 Official/Division #1015 Revenue: 125-50517-33120OCT Total Revenue Appropriations: 125-5410-50517-560630 Total Appropriations: Federal Grants -Transportation Fed Grant# 4282981 CFDA Number: 20.205 Grant period: 3/2010-6/2013 $1,100,000.00 $1,100,000.00 Capital Outlay -infrastructure $1,100,000.00 --------------- $1,100,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20"' day of October 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 38 rlvr unant fund 125 50517 GWI001 LAP Wayfinding Signage Proj OMB Schedule Item Number 39 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 50518 LAP FKSH Interpretive Panels Project# GW1002 LAP FKSH Interpretive Panels Function # 5400 Activity # 5410 Official/Division #1015 Revenue: 125-50518-3312000T Total Revenue Appropriations: 125-5410-50518-530490 Total Appropriations: Federal Grants -Transportation Miscellaneous Fed Grant# 4280171 CFDA Number: 20.205 Grant period: 4/21/2010-6/30/2011 $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 20th day of October 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 39 rlvr unant fund 125 50518 GW 1002 LAP FKSH Interpretive Panels OMB Schedule Item Number 40 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grant Cost Center # 52005 Inv Exotic Plnt Rmvl Crew FK-095 Grant Period:8/18/2010-6/21/2011 Project#GW1003 Inv Exotic Plnt Rmvl Crew FK-095 Function# 5300 Activity#5370 Official Division#1015 FWC Contract # 08150 Task Assignment # FK-095 Revenue: 125-52005-3343900P State Grants -Physical Environment $90,530.64 Total Revenue $90,530.64 Appropriations: 125-52005-510120 Regular Salaries & Wages $90,530.64 ------------- Total Appropriations: $90,530.64 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 2& day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA It Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 40 rlvr unant 125 52005 GW 1003 Inv Exotic Plnt Rmvl FK-095 OMB Schedule Item Number 41 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grant Cost Center # 52006 Mech Inv Exotic Plnt Rmvl FK-097 Grant Period:8/18/2010-6/21/2011 Project#GW1004 Mech Inv Exotic Plnt Rmvl FK-097 Function# 5300 Activity#5370 Official Division#1015 FWC Contract # 08150 Task Assignment # FK-097 Revenue: 125-52006-3343900P State Grants -Physical Environment $50,000.00 Total Revenue $50,000.00 Appropriations: 125-52006-530490 Miscellaneous $50,000.00 Total Appropriations: $50,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October 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 41 rlvr unant 125 52006 GW1004 Mech Inv Exotic Plnt Rmvl FK-097 OMB Schedule Item Number 42 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grant Cost Center # 53019 Clean Vessel Act LE655 Project#GB0801 Clean Vessel Act LE655 Function# 5300 Activity#5370 Official Division#1015 FL DEP Agreement # LE655 CFDA # 15.616 Revenue: 125-53019-3313500P Federal Grants -Physical Environment $4,368.54 ------------- Total Revenue $4,368.54 Appropriations: 125-53019-530490 Miscellaneous $4,368.54 ------------ Total Appropriations: $4,368.54 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIN Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 42 rlvr unant fund 125 53019 GBO801 CVA LE655 OMB Schedule Item Number 43 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Gov Fund Type Grants Cost Center#13503 EMS Award Grant FY09 Project# GE9803 Function#5200 Activity#5260 Official Division#1012 Revenue: 125-13503-334200CS Total Revenue: Appropriations: 125-13503-530490 Total Appropriations: Grant # C8044 State Grants -Public Safety Miscellaneous $85,160.54 $85,160.54 $85,160.54 $85,160.54 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 20'h day of October, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 43 rlvr unant ems award grant 13503 ge9803 fy10 OMB Schedule Item Number 44 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 13516 Homeland Security Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division #1012-Public Safety Revenue: 125-13516-3312000S Total Revenue Appropriations: 125-5250-13516-530490 Total Appropriations: Federal Grants Public Safety $17,500.00 ------------ $17,500.00 Miscellaneous $17,500.00 $17,500.00 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 20t' day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I -A Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 44 rlvr unant fund 125 13516 ge0912, ge0911 OMB Schedule Item Number 45 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Contract# 09DS-48-11-16-02-448 Cost Center# 13527 UASI 08 Grant CFDA Number: 97.067 Project# GE1023 CERT UASI 08 Grant Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division #1012-Public Safety Revenue: 125-13527-3312000S Federal Grants -Public Safety $35,000.00 Total Revenue Appropriations: $35,000.00 125-5250-13527-530490 Misc $35,000.00 Total Appropriations: $35,000.00 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 20`h day of October 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 45 rlvr unant fund 125 13527 ge 1023 cert uasi 08 grant OMB Schedule Item Number 46 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 13520 Homeland Security Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division 91012-Public Safety Revenue: 125-13520-3312000S Federal Grants Public Safety $97,334.92 Total Revenue Appropriations: -------------- $97,334.92 125-5250-13 520-530490 Miscellaneous $97,334.92 Total Appropriations: $97,334.92 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20'h day of October 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 46 rlvr homeland security 13520 GE0820, GE0920 OMB Schedule Item Number 47 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Contract# 09DS-24-11-23-02-011 Cost Center# 13524 UASI 07 Grant CFDA Number: 97.067 Project# GE0922 MCSO/EMG UASI 07 Grant Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division #1012-Public Safety Revenue: 125-13524-3312000S Federal Grants -Public Safety $80,513.50 ------------ Total Revenue $80,513.50 Appropriations: 125-5250-13524-530490- Miscellaneous $80,513.50 125-5250-13524-560640 Capital Outlay Equipment $ 0.00 ------------- Total Appropriations: $80,513.50 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 201h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 47 rivr unant fund 125 13524 ge0922 uasi 07 grant OMB Schedule Item Number 48 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 13528 SHSGP 1SS7 CSP/ICS Grant Project# GE1011 SHSGP ISS7 CSPACS Grant Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division #1012-Public Safety Revenue: 125-13528-3312000S Total Revenue Appropriations: 125-5250-13528-530490 Total Appropriations: Federal Grants -Public Safety Misc Fed Grant# 2009-SS-T9-0081 CFDA Number: 97.067 $15,000.00 $15,000.00 $15,000.00 $15,000.00 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 48 rlvr unant fund 125 13528 ge1011 grant OMB Schedule Item Number 49 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Contract# 1ODS-48-11-23-02-195 Cost Center# 13529 MCSO/EMG UASI 08 Grant CFDA Number: 97.067 Project# GE1024 MCSO/EMG UASI 08 Grant Function # 5200-Public Safety Activity #5250-Emergency Disaster Relief Official/Division #1012-Public Safety Revenue: 125-13529-331200OS Federal Grants -Public Safety $553,827.80 Total Revenue $553,827.80 Appropriations: 125-5250-13529-560640 Capital Outlay -Equipment $553,827.80 125-5250-13529-530490 Miscellaneous $ 0.00 ------------ Total Appropriations: $553,827.80 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 201h day of October 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 49 rlvr unant fund 125 13529 GE1024 MCSO/EMG uasi 08 grant OMB Schedule Item Number 50 Resolution No. - 2010 A RESOLUTION CONCERNING THE TRANSFER OF FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously set up in the Monroe County Budget for the Fiscal Year 2010 as, hereinafter set forth to and from the following accounts: Fund # 502 Group Insurance From: 502-5620-08004-530310 Professional Service Cost Center #08004 Group Ins Asserted Claims For the Amount: $4,400.00 To: 502-5620-08002-530450 Insurance Cost Center #08002 Group Ins Operations BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above, is hereby authorized and directed to make necessary changes of said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, 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 50 transfer Fund 502 fm 08004 to 08002 OMB Schedule Item Number 51 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Governmental Grant Fund Cost Center # 01019 Disaster Recovey CDBG Pgm Project # GH1001 MCHA Administration GH1002 Engineering GH1003 Multi Family Hsng Rehab GH1004 Sewer Hookups Function #5500 Activity #5540 Official/Division #1000 Contract Number IODB-K4-11-54-02-K24 CFDA # 14.228 Revenue: 125-01019-3315000E-GH1001 Fed Grant -Economic Environment $ 62,240.00 125-01019-3315000E-GH1002 Fed Grant -Economic Environment $ 40,000.00 125-01019-3315000E-GH1003 Fed Grant -Economic Environment $ 400,000.00 125-01019-3315000E-GH1004 Fed Grant -Economic Environment $ 1,986,723.00 Total Revenue $2,488,963.00 Appropriations: 125-01019-530490-GH100I-530340 Other Contractual Service $ 62,240.00 125-01019-530490-GH1002-530340 Other Contractual Service $ 40,000.00 125-01019-530490-GH1003-530340 Other Contractual Service $ 400,000.00 125-01019-530490-GH1004-530340 Other Contractual Service $ 1,986,723.00 Total Appropriations: $2,488,963.00 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 20"' day of October 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 51 unant fund 125 01019 Disaster Recovery CDBG Pgm OMB Schedule Item Number 52 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125-Gov't Fund Type Grants Cost Center# 13526 FEMA Severe Rep Grant Project# GE0924 FEMA Severe Rep Grant Function # 5500 Activity #5590 Official/Division #1019 Revenue: 125-13526-331500CE Federal Grants-Econ Env $8,874.29 - Total Revenue $8,874.29 Appropriations: 125-5250-13526-530490 Miscellaneous $8,874.29 - Total Appropriations: $8,874.29 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 20`h day of October 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 52 rlvr unant fund 125 13526 ge0924 Fema Severe Rep grant OMB Schedule Item Number 53 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grant Cost Center # 13502 Emergency Management Base Grant Contract#11BG05115401 Project#GE1102 CSFA# 52.008 Function# 5200 Public Safety CFDA# 97.042 Activity#5250 Official Division#1012 Revenue: 125-13502-3342000S-GE1102 State Grants -Public Safety $77,043.00 125-13502-3312000S-GE1102 Federal Grants -Public Safety $ 0.00 Total Revenue ------------- $77,043.00 Appropriations: 125-5250-13502-510120-GE1102-510120 Regular Salaries & Wages $ 56,043.00 125-5250-13502-510210-GE1102-510210 FICA $ 5,000.00 125-5250-13502-510220-GE1102-510220 Retirement Contributions $ 6,000.00 125-5250-13502-530490-GE1102-510230 Life & Health Insurance $ 9,000.00 125-5250-13502-530490-GE1102-510240 Worker's Compensation $ 1,000.00 Total Appropriations: $77,043.00 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 201h day of October 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 53 unant fund 125 13502 gel 102 base grant 2011 OMB Schedule Item Number 54 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grant Cost Center # 13502 Emergency Management Base Grant Contract#11BG05115401 Project#GE1102 CSFA# 52.008 Function# 5200 Public Safety CFDA# 97.042 Activity#5250 Official Division#1012 Revenue: 125-13502-3312000S Federal Grants -Public Safety $36,111.22 ------------ Total Revenue $36,111.22 Appropriations: 125-5250-13502-510120 Regular Salaries & Wages $ 36,111.22 125-5250-13502-510210 FICA $ 0.00 125-5250-13502-510220 Retirement Contributions $ 0.00 125-5250-13502-530490 Misc $ 0.00 ------------- Total Appropriations: $36,111.22 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 2& day of October 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 54 rlvr unant fund 125 13502 gel 102 base grant 2011 OMB Schedule Item Number 55 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153010 — Older Americans Act —III B Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153010-3316900H Federal Grants $50,827.02 125-6153010-381001GT Transfer fm Gen Fund $ 0.00 Total Revenue ------------ $50,827.02 Appropriations: 125-6153010-510120-Salaries $10,816.18 125-6153010-510210-Fica 4,113.68 125-6153010-510220-Retirement 3,829.88 125-6153010-510230-Group Insurance 5,447.00 125-6153010-510240-Worker's Compensation 922.90 125-6153010-530340-Other Contractual Svcs 22,622.45 125-6153010-530400-Travel 874.93 125-6153010-530410-Communications & Postage 600.00 125-6153010-530440-Rentals 600.00 125-6153010-530451-Risk Management 500.00 125-6153010-530470-Printing 100.00 125-6153010-530498-Advertising 100.00 125-6153010-530510-Office Supplies 100.00 125-6153010-530520-Operating Supplies 100.00 125-6153010-530540-Books/Pubs/Subs 100.00 Total Appropriations: $50,827.02 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 55 rlvr unant fund 125 oaa 3b AA- 1015 6153010 OMB Schedule Item Number 56 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153110 — Older Americans Act —C1 Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153110-3316900H Federal Grants $25,927.87 125-6153110-381001GT Transfer fm Gen. Fund $ 0.00 Total Revenue $25,927.87 Appropriations: 125-6153110-510120-Salaries $ 4,005.77 125-6153110-510210-Fica 4,601.29 125-6153110-510220-Retirement 2,633.56 125-6153110-510230-Group Insurance 3,882.20 125-6153110-510240-Worker's Compensation 0.00 125-6153110-530310-Professional Services 332.00 125-6153110-530400-Travel 220.00 125-6153110-530410-Communications & Postage 693.85 125-6153110-530440-Rentals 643.67 125-6153110-530451-Risk Management 3,500.00 125-6153110-530470-Printing 0.00 125-6153110-530491-Food 5,316.43 125-6153110-530510-Office Supplies 11.60 125-6153110-530520-Operating Supplies 50.00 125-6153110-530540-Books/Pubs/Subs 37.50 Total Appropriations: $25,927.87 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 201h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 56 rlvr unant fund 125 oaa cl AA-1015 6153110 OMB Schedule Item Number 57 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153210 — Older Americans Act —C2 Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153210-3316900H Federal Grants $82,723.15 125-6153210-38100IGT Transfer fm Gen. Fund $ 0.00 Total Revenue $82,723.15 Appropriations: 125-6153210-510120-Salaries $43,674.88 125-6153210-510210-Fica 5,832.46 125-6153210-510220-Retirement 4,434.43 125-6153210-510230-Group Insurance 3,315.40 125-6153210-510240-Worker's Compensation 5,364.20 125-6153210-530310-Professional Services 48.00 125-6153210-530400-Travel 460.64 125-6153210-530410-Communications & Postage 450.92 125-6153210-530440-Rentals 500.00 125-6153210-530451-Risk Management 3,000.00 125-6153210-530491-Food 14,070.50 125-6153210-530460-Repair & Maint 766.31 125-6153210-530498-Advertising 100.00 125-6153210-530510-Office Supplies 41.75 125-6153210-530520-Operating Supplies 46.92 125-6153210-530528-Gasoline 579.24 125-6153210-530540-Books/Pubs/Subs 37.50 Total Appropriations: $82,723.15 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA t Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 57 rlvr unant fund 125 oaa c2 AA- 1015 6153210 OMB Schedule Item Number 58 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153410 — Older Americans Act—IIIE Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153410-3316900H Federal Grants $13,951.21 125-6153410-381001GT Trsfr fm Gen. Fund $ 0.00 Total Revenue $13,951.21 Appropriations: 125-6153410-510120-Salaries $ 3,797.93 125-6153410-510210-Fica 599.41 125-6153410-510220-Retirement 461.33 125-6153410-510230-Group Insurance 0.00 125-6153410-510240-Worker's Compensation 36.56 125-6153410-530310-Professional Services 500.00 125-6153410-530340-Other Contractual Services 5,580.32 125-6153410-530400-Travel 475.66 125-6153410-530410-Communications & Postage 500.00 125-6153410-530440-Rentals 500.00 125-6153410-530451-Risk Management 500.00 125-6153410-530460-Repair & Maint 500.00 125-6153410-530470-Printing 100.00 125-6153410-530498-Advertising 100.00 125-6153410-530510-Office Supplies 100.00 125-6153410-530520-Operating Supplies 100.00 125-6153410-530540-Books/Pubs/Subs 100.00 Total Appropriations: $13,951.21 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA uls Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 58 rlvr unant fund 125 oaa 3e AA- 1015 6153410 OMB Schedule Item Number 59 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 2011 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 2011 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 2009-2010 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# IOEA-8F-11-54-01-019 CFDA# 93.568 Grant period:March 1, 2010-March 31, 2011 $296,927.79 $296,927.79 Regular Salaries 37,837.11 Fica 3,176.47 Retirement 3,419.98 Life & Health Ins. 4,587.60 Travel 445.00 Phone and Postage/Freight 1,164.52 Crisis Utility Payment 121,188.20 Home Energy Assistance 85,450.00 Weather Related/Supply 17,968.00 Rentals and Leases 1,500.00 Maintenance 2,500.00 Printing & Binding 1,000.00 Outreach 15,598.00 Office Supplies 592.91 Operating 500.00 $296,927.79 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 20`' day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 59 rivr unant fund 125 liheap fy10 6153510 Resolution No. - 2010 OMB Schedule Item Number 60 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153610 — Alzheimer's Disease Initiative Function 5600 Activity 5640 Division 1016 Revenue: 125-6153610-334690OH- State Grants $ 50,592.56 125-6153610-369001SH- Program Income 0.00 125-6153610-381001GT Trnsfer fm Gen. Fund 001 0.00 Total Revenue $ 50,592.56 Appropriations: 125-6153610-510120-Salaries $ 7,540.57 125-6153610-510210-Fica 579.98 125-6153610-510220-Retirement 725.06 125-6153610-510230-Group Insurance 1,026.20 125-6153610-510240-Worker's Compensation 3.55 125-6153610-530340-Other Contract Services 39,728.88 125-6153610-530400-Travel 988.32 125-6153610-530410-Phone & Postage 0.00 125-6153610-530451-Risk Management 0.00 125-6153610-530470-Printing 0.00 125-6153610-530498-Advertising 0.00 125-6153610-530510-Office Supplies 0.00 125-6153610-530520-Operating Supplies 0.00 Total Appropriations: ------------- $50,592.56 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 60 rlvr uant fund 125 di kz 1097 FYI 0-11 6153610 OMB Schedule Item Number 61 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153710 — Community Care for Disabled Adults Function 5600 Activity 5640 Offcl/Div# 1016 Revenue: 125-6153710-3346900H State Grants $73,245.21 125-6153710-38100IGT Trnsfr fin Gen. Fund 001 9,081.00 Total Revenue $82,326.21 Appropriations: 125-6153710-510120-Salaries $27,133.20 125-6153710-510210-Fica 726.47 125-6153710-510220-Retirement 623.05 125-6153710-510230-Group Insurance 1,245.20 125-6153710-510240-Worker's Compensation 1,969.43 125-6153710-530340-Other Contract Services 10,649.84 125-6153710-530400-Travel 979.02 125-6153710-530410-Communications & Postage 500.00 125-6153710-530451-Risk Management 2,000.00 125-6153710-530470-Printing 500.00 125-6153710-530491-Food & Dietary 35,000.00 125-6153710-530510-Office Supplies 500.00 125-6153710-530520-Operating Supplies 500.00 Total Appropriations: $82,326.21 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA go (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 61 rlvr uant fund 125 ccda kg065 FY10-11 6153710 Resolution No. - 2010 OMB Schedule Item Number 62 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153810 — Community Care for the Elderly Function 5600 Activity 5640 Offcl/Div# 1016 Revenue: 125-6153810-334690OH- State Grants $370,477.95 125-6153810-369001SH- Program Income 0.00 125-6153810-381001GT- Trnsfr fm Gen. Fund 0.00 Total Revenue $370,477.95 Appropriations: 125-6153810-510120-Salaries $126,810.12 125-6153810-510210-Fica 11,479.15 125-6153810-510220-Retirement 14,579.47 125-6153810-510230-Group Insurance 20,793.80 125-6153810-510240-Worker's Compensation 987.71 125-6153810-530310-Professional Services 0.00 125-6153810-530340-Other Contract Services 181,439.74 125-6153810-530400-Travel 12,727.24 125-6153810-530410-Phone & Postage 363.78 125-6153810-530451-Risk Management 0.00 125-6153810-530460-Repairs & Maintenance 0.00 125-6153810-530470-Printing 0.00 125-6153810-530498-Advertising 0.00 125-6153810-530510-Office Supplies 296.94 125-6153810-530528-Fuel 1,000.00 Total Appropriations: $370,477.95 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 62 rlvr uant fund 125 cce kc1071 fyl0-I 1 6153810 OMB Schedule Item Number 63 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153910 — Home Care for the Elderly Function 5600 Activity 5640 Revenue: 125-6153910-334690OH- State Grants $13,880.32 125-6153910-38100IGT — Tnsfr fm Gen. Fund 001 0.00 Total Revenue $13,880.32 Appropriations: 125-6153910-510120-Salaries $ 6,648.89 125-6153910-510210-Fica 562.62 125-6153910-510220-Retirement 706.86 125-6153910-510230-Group Insurance 965.20 125-6153910-510240-Worker's Compensation 51.11 125-6153910-530310-Professional Services 4,448.00 125-6153910-530400-Travel 497.64 125-6153910-530451-Risk Management 0.00 125-6153910-530520-Operating Supplies 0.00 Total Appropriations: $13,880.32 BE TT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October 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 63 rlvr cant fund 125 hce kh 1072 fy10-11 6153910 OMB Schedule Item Number 64 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 # 6155409 — ARRA-929 CI OAA Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6155409-3316900H Total Revenue Appropriations: 125-6155409-530491-Food Total Appropriations: Federal Grants CFDA#93.707 Contract Period: 5/1/09-9/30/10 Amend#1 Decrease by $8,381.00 <$8,381.00> <$8,381.00> <$8,381.00> <$8,381.00> BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October 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) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 64 unant 6155409 ARRA-929 CI OAA amend#1 OMB Schedule Item Number 65 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153010 3B OAA-1029 Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153010-3316900H Total Revenue Appropriations: 125-6153010-510120 Federal Grants Regular Salaries & Wage Total Appropriations: <$27,392.00> <$27,392.00> < $27,392.00> <$27,392.00> 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA go Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 65 unant fund 125 OAA-1029 6153010 amend#1 OMB Schedule Item Number 66 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6155609 ARRA HPRP Grant Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6155609-3316900H Total Revenue Appropriations: 125-6155609-510120 125-6155609-530410 125-6155609-530492 125-6155609-530510 Total Appropriations: Federal Grants Regular Salaries & Wages Phone Shelter Office Supplies CFDA#14.257 Contract Period: 10/1/09-6/30/11 $19,308.83 ------------- $19,308.83 $ 1,631.60 $ 395.19 $ 17,182.04 $ 100.00 $19,308.83 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA wo Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 66 rlvr unant fund 125 ARRA HPRP grant 6155609 OMB Schedule Item Number 67 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6155711 ARRA WAP Grant Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6155711-3315000E Total Revenue Appropriations: 125-6155711-510120 125-6155711-510210 125-6155711-510220 125-6155711-510230 125-6155711-510240 125-6155711-530340 125-6155711-530400 Total Appropriations: Federal Grants-Econ Env Regular Salaries Fica Retirement Life & Health Ins Workers Comp Other Contractual Svcs Travel Contract Number: IOWX-7X-11-54-01-719 CFDA# 81.402 Contract Period:41/1/2010-2/15/2011 $344,957.89 $344,957.89 $ 282,844.31 2,493.05 1,455.13 6,744.00 132.11 47,959.31 3,329.98 $344,957.89 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 20t" day of October 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 67 rlvr unant fund 125 ARRA WAP grant 6155711 fy10-11 OMB Schedule Item Number 68 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 2011, 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 2011 as, hereinafter set forth to and from the following accounts: Fund # 001 General Fund From: 001-5690-01536-530340 Other Contractual Services Cost Center #01536 Monroe Youth Ching MCEF For the Amount: $25,000.00 To: 001-5600-5690-1000-01537-530340 Other Contractual Services Cost Center #01537 Be The Change of the FLKeys 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 20th day of October, 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 68 transfer Fund 001 fin 01536 to 01537 OMB Schedule Item Number 69 Resolution No. -2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for the Fiscal Year 2010, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2010 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center #63561 Hurricane Wilma Project #GAMA62 ALP Update Function#5400 Activity#5420 Official Division#1012 Revenue: 403-63561-3315000E Federal Grants-Econ Env $1,071,116.99 Total Revenue: $1,071,116.99 Appropriations: 403-63561-530340 Other Contractual Svcs $1,071,116.99 Total Appropriations: $1,071,116.99 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 20"' day of October, AD 2010. Mayor Murphy Mayor Pro Tem 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 69 rlvr unant fund 403 63561 hurr wilma OMB Schedule Item Number 70 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 # 86555 Bdgt Trsf 125 SFWMD Grt Project # GN9810 Marathon Courthouse Project # GN0801Stock Island Fire Station Project # GN0803 Conch Key Fire Station Project # GN0804 Duck Key WW Function # 5800 Activity # 5810 Division # 1000 South Florida Water Management District Agreement #4600001916 Revenue: 125-86555-337300CP-GN9810 125-86555-337300CP-GN0801 125-86555-337300CP-GN0803 125-86555-337300CP-GN0804 Total Revenue: Appropriations: 125-86555-590304-GN9810-590304 125-86555-590308-GN0801-590308 125-86555-590308-GN0803-590308 125-86555-590311-GN0804-590311 Total Appropriations: Local Grant-Phy. Env $ 15,000.00 Local Grant-Phy. Env. $ 95,000.00 Local Grant-Phy. Env. $ 50,000.00 Local Grant-Phy.Env. $ 90,000.00 $250,000.00 Transfer to Fund 304 $ 15,000.00 Transfer to Fund 308 $ 95,000.00 Transfer to Fund 308 $ 50,000.00 Transfer to Fund 311 $ 90,000.00 -------------- $250,000.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20t' day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ISM (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 70 unant 125 86555 SFWMD FYIO Agreement OMB Schedule Item Number 71 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 #304 One Cent Infrastructure Surtax Cost Center #24000 General Government Project # CG9810 Marathon Courthouse Revenue: 304-381125GT Transfer from 125 $ 15,000.00 Total Revenue: $ 15,000.00 Appropriations: 304-24000-560620-CG9810-560620 Capital Outlay -Building $ 15,000.00 Total Appropriations: $ 15,000.00 Fund #308 2007 Revenue Bond Cost Center #26006 Public Safety Project #CP0801 Stock Island Fire Station Project #CP0803 Conch Key Fire Station Revenue: 308-381125GT Transfer from 125 $ 145,000.00 Total Revenue: $ 145,000.00 Appropriations: 308-26006-560620-CP0801-560620 Capital Outlay -Building $ 95,000.00 308-26006-560620-CP0803-560620 Capital Outlay -Building $ 50,000.00 Total Appropriations: $ 145,000.00 Fund #311 Duck Key Wastewater Cost Center #23003 Duck Key WW Project Project # PE0804 Duck Key WW Project Revenue: 311-381125GT Transfer from 125 $ 90,000.00 --------------- Total Revenue: $ 90,000.00 Appropriations: 311-23003-560620-PE0804-560620 Capital Outlay -Building $ 90,000.00 Total Appropriations: $ 90,000.00 Item 71 unant Funds 304 308 311 SFWMD FYI Agreement Page 11 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 20"' day of October, AD 2010. Mayor Murphy Mayor Pro Tent Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IIn (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 71 unant Funds 304 308 311 SFWMD FYI Agreement P a g e 12 OMB Schedule Item Number 72 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 2011 now therefore, BE IT RESOLVED BY T14E BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the following accounts of the Monroe County Budget for the Fiscal Year 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153410 3E OAA-1029 Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153410-3316900H Federal Grants $2,750.00 Total Revenue $2,750.00 Appropriations: 125-6153410-510120 Regular Salaries & Wages $2,750.00 Total Appropriations: $2,750.00 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 201h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 72 unant fund 125 OAA-1029 6153410 amend#1 OMB Schedule Item Number 73 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #125 — Governmental Fund Type Grants Cost Center # 6153110 Cl US-1151 Cost Center # 6153210 C2 US-1151 Offcl/Div# 1016 Function 5600 Activity 5640 Revenue: 125-6153110-3316200H Federal Grants —Hmn Svc -Pub $6,500.00 125-6153210-3316200H Federal Grants —Hmn Svc -Pub $8,500.00 Total Revenue $15,000.00 Appropriations: 125-6153110-530491 Food $6,500.00 125-6153210-530491 Food $8,500.00 Total Appropriations: $15,000.00 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 20`h day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ma Mayor/Chairman (Seal) Attest: DANNY L. KOLI AGE, Clerk Item 73 unant fund 125 US-1151 6153110 C1, 6153210 C2 OMB Schedule Item Number 74 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Int'l Airport Cost Center #63053 Key West Ping Studies Project #GAKD50 Key West Ping Studies Function#5400 Activity#5420 Official Division#1018 Revenue: 404-63053-3344100T State Grants -Transportation $ 5,205.59 Total Revenue: $5,205.59 Appropriations: 404-63053-530490 Miscellaneous $5,205.59 Total Appropriations: $5,205.59 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 20`h day of October, 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 74 rlvr unant fund 404 63053 gakd50 OMB Schedule Item Number 75 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper. Rrestrictions Cost Center #636104 RSA — P & S Project #GAKDP101 RSA — P & S Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636104-33141OCT Federal Grants-Transp. $21,752.34 406-636104-33441OCT State Grants -Transportation $ 572.43 Total Revenue: $22,324.77 Appropriations: 406-636104-560630 Capital Outlay Infrastructure $22,324.77 Total Appropriations: $22,324.77 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 201h day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA an (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 75 rlvr unant 636104 gakdp 101 OMB Schedule Item Number 76 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper. Restrictions FAA Proj.# 037-033 Cost Center #636128 Approach Clearing Design RW 9-27 Project #GAKAP125 Approach Clearing Design RW 9-27 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636128-3314100T Federal Grants -Transportation $ 2 906.05 Total Revenue: $ 2,906.05 Appropriations: 406-636128-530490 Miscellaneous $ 2,906.05 Total Appropriations: $ 2,906.05 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 20`h day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 76 rlvr unant fund 406 636128 gakapl25 FAA proj#037-033 OMB Schedule Item Number 77 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund # 404 Key West Int'1 Airports Cost Center# 630130 TSA Law Enforcement Grant Agreement# HSTS0208HSLR360 Function # 5200-Public Safety CFDA# 97.090 Activity #5210-Law Enforcement Grant Period: l0/1/07-9/30/12 Official/Division #1018 Airports Project# GAKW127 TSA Law Enforcement Grant Revenue: 404-630130-3312000S Federal Grants -Public Safety $122,467.02 Total Revenue Appropriations: $122,467.02 404-5210-63 0130-530490 Miscellaneous $122,467.02 Total Appropriations: $122,467.02 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner DiGennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 77 rlvr unant Fund 404 630130 GAKW 127 TSA Law Enforcement grant OMB Schedule Item Number 78 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 2011, 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 2011 as, hereinafter set forth to and from the following accounts: Fund #404 Key West Int'l Airport From: 404-5420-63002-560640 Capital Outlay -Equipment Cost Center #63002 KW Airport R&R For the amount: $5,205.58 To: 404-5420-63053-530490 Misc Cost Center #63053 KW Plug Studies From: 404-5420-63002-560640 Capital Outlay -Equipment Cost Center #63002 KW Airport R&R For the amount: $2,683.00 To: 404-5420-630151-560630 Capital Outlay -Infrastructure Cost Center #630151 DBE 037-43 Fund 406 PFC & Operating Restrictions From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $572.43 To: 406-5420-636104-560630 Capital Outlay -Infrastructure Cost Center #636104 RSA P&S From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $152.95 To: 406-5420-636128-530490 Miscellaneous Cost Center #636128 Approach Clearing P&S From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $5,062.48 To: 406-5420-636133-530490 Miscellaneous Cost Center #636133 NIP Ph 6 Const From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $21.16 To: 406-5420-636142-530490 Miscellaneous Item 78 reso trnsfr fund 404, 406 grant match FY11 Cost Center #636142 NIP Ph 6 Const #2 From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $514.73 To: 406-5420-636140-530490 Miscellaneous Cost Center #636140 NIP Ph 7 Design From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $217.72 To: 406-5420-636143-530490 Miscellaneous Cost Center #636143 Approach Obst Clearing From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $688.93 To: 406-5420-636144-530490 Miscellaneous Cost Center #636144 ALP Upd Utility MasterPln From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $1,001.30 To: 406-5420-636145-530490 Miscellaneous Cost Center #636145 Wildlife Hazard Pln From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $1,625.00 To: 406-5420-636147-530490 Miscellaneous Cost Center #636147 Pavement Rehab From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $5,987.50 To: 406-5420-636149-530490 Miscellaneous Cost Center #636149 Drainage Rehab Study From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $9,952.00 To: 406-5420-636150-530490 Miscellaneous Cost Center #636150 Baggage Area Elevator From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $47,498.46 To: 406-5420-636134-560630 Capital Outlay -Infrastructure Cost Center #636134 RSA Phase 2 From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $62,709.13 To: 406-5420-636146-530490 Misc Cost Center #636146 NIP Ph 7 Const 2 Item 78 reso trnsfr fund 404, 406 grant match FYI 1 From: 406-5420-63603-560620 Capital Outlay -Building Cost Center #63603 Passenger Facility Charge For the amount: $1,400.00 To: 406-5420-636141-530490 Misc Cost Center #636141 Noise Contour Update 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 20th day of October, AD 2010_ Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IC Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 78 reso trnsfr fund 404, 406 grant match FYI I OMB Schedule Item Number 79 Resolution No. - 2010 A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS WHEREAS, it is necessary for the Board of County Commissioners of Monroe County, Florida, to increase items to account for unanticipated funds in the Monroe County Budget for Fiscal Year 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund #125 Governmental Grant Fund Cost Center # 01019 Disaster Recovey CDBG Pgm Project # GH1001 MCHA Administration GH1002 Engineering GH1003 Multi Family Hsng Rehab GH1004 Sewer Hookups Function #5500 Activity #5540 Official/Division #1000 Contract Number IODB-K4-11-54-02-K24 CFDA # 14.228 Revenue: 125-01019-3315000E Fed Grant -Economic Environment $ 47,955.96 125-01019-3315000E Fed Grant -Economic Environment $ 40,000.00 125-01019-3315000E Fed Grant -Economic Environment $ 400,000.00 125-01019-3315000E Fed Grant -Economic Environment $ 1,986,723.00 Total Revenue -------------- $2,474,678.96 Appropriations: 125-01019-530490 Other Contractual Service $ 47,955.96 125-01019-530490 Other Contractual Service $ 40,000.00 125-01019-530490 Other Contractual Service $ 400,000.00 125-01019-530490 Other Contractual Service $1,986,723.00 Total Appropriations: $2,474,678.96 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 20"' day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 79 rlvr unant fund 125 01019 Disaster Recovery CDBG Pgm OMB Schedule Item Number 80 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper. Restrictions Cost Center # 636133 NIP Phase 6 Construction Project # GAKAP127 NIP Phase 6 Construction Function # 5400 Activity # 5420 Official Division # 1018 FAA Grant Agreement Project # 3-12-0037-036-2008 Revenue: 406-636133-3314100T Federal Grant- Transportation $96,187.18 Total Revenue: $96,187.18 Appropriations: 406-636133-530490 Miscellaneous $96,187.18 Total Appropriations: -------------- $96,187.18 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 20u` day of October, 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 80 rlvr unant Fund 406pfc 636133 gakap127 OMB Schedule Item Number 81 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund 9406 PFC Cost Center # 636142 NIP Ph 6 Const #2 037-37 FAA Grant# 037-037 Function#5400 Activity#5420 Official Division#1018 Project # GAKAP132 NIP Ph 6 Const #2 037-37 Revenue: 406-636142-3314100T Federal Grants -Transportation $401.99 Total Revenue: $401.99 Appropriations: 406-636142-530490 Misc $401.99 Total Appropriations: $401.99 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 201' day of October, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA wo (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 81 rlvr unant fund 406 pfc 636142 gakapl32 OMB Schedule Item Number 82 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC Cost Center # 636140 NIP Ph 7 Design FAA Grant# 037-037 Function#5400 Activity#5420 Official Division#1018 Project # GAKAP134 NIP Ph 7 Design Revenue: 406-636140-3314100T Federal Grants -Transportation $9,779.89 Total Revenue: $9,779.89 Appropriations: 406-636140-530490 Misc $9,779.89 Total Appropriations: $9,779.89 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 20a' day of October, 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 82 rlvr unant fund 406 636140 gakap 134 faa grant#037-37 OMB Schedule Item Number 83 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC Cost Center # 636143 Obst Clrng RW 9/27 037-39 Project# GAKAP136 Obst Clrng RW 9/27 037-39 Offcl/Div# 1018 Function 5400 Activity 5420 Revenue: 406-636143-3314100T Total Revenue Appropriations: 406-636143-530490 Total Appropriations: Fed Grants-Transp Airport Dev't $4,136.77 $4,136.77 Misc $4,136.77 $4,136.77 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA as Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 83 rlvr unant Fund 406 636143 GAKAP136 FAA#037-39 OMB Schedule Item Number 84 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 2011, 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 2011 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 Pin 037-43 Project #GAK-AP133 ALP Upd Util Master Pin 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636144-3314100T Federal Grants -Transportation $13,089.67 Total Revenue: $13,089.67 Appropriations: 406-636144-530490 Miscellaneous $13,089.67 Total Appropriations: $13,089.67 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 20`h day of October, 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 84 rlvr unant fund 406 636144 GAKAP133 ALP Upd Util Master Pln 037-43 OMB Schedule Item Number 85 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper Restrictions Cost Center #636145 Wildlife Hazard Mgmt Pin 037-43 Project #GAKAP137 Wildlife Hazard Mgmt Pin 037-43 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636145-3314100T Federal Grants -Transportation $19,024.70 Total Revenue: $19,024.70 Appropriations: 406-636145-530490 Miscellaneous $19,024.70 Total Appropriations: $19,024.70 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20"' day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA in (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 85 rlvr unant fund 406 636145 GAKAP137 Wildlife Hazard Mgmt Pln 037-43 OMB Schedule Item Number 86 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 2011, 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 2011 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: 406-636147-3314100T Federal Grants -Transportation $30,875.00 Total Revenue: $30,875.00 Appropriations: 406-636147-530490 Miscellaneous $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 20t` day of October , 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 86 rlvr unant fund 406 636147 GAKAP138 Pvmnt Rehab Design Aircraft Pkg Area 037-43 OMB Schedule Item Number 87 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 2011, 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 2011 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: 406-636149-3314100T Federal Grants -Transportation $113,762.00 Total Revenue: $113,762.00 Appropriations: 406-636149-530490 Miscellaneous $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 20"' day of October, 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 87 rlvr unant fund 406 636149 GAKAP140 Drainage Rehab Study 037-43 OMB Schedule Item Number 88 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 2011, 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 2011 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 Federal Grants -Transportation $189,089.00 Total Revenue: $189,089.00 Appropriations: 406-636150-560620 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 20`h day of October , 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 88 rlvr unant fund 406 636150 GAKAP142 Baggage Area Elevator 037-43 Resolution No. - 2010 OMB Schedule Item Number 89 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Int'l 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: 404-630151-3314100T Federal Grants -Transportation $50,967.00 Total Revenue: $50,967.00 Appropriations: 404-630151-530490 Misc $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 20t` day of October, AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA NJ (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 89 rlvr unant fund 404 630151 GAKA143 DBE FAA# 037-43 OMB Schedule Item Number 90 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund# 403 — Marathon Airport Cost Center # 63576 EA Reloc & Ext of RW 7/25 044-27 Project#GAMA68 EA Reloc & Ext of RW 7/25 044-27 Function# 5200 Activity#5250 Official Division#1012 Revenue: 403-63576-3314100T Fed Grt-Transp. $208,552.97 403-63576-381406GT Transfer fm 406 10,976.47 ------------- Total Revenue $219,529.44 Appropriations: 403-63576-530490 Misc $219,529.44 ------------- Total Appropriations: $219,529.44 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 56A (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 90 rlvr unant 63576 GAMA68 Mayor/Chairman OMB Schedule Item Number 91 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #404 Key West Airport Cost Center #630149 FDOT KW Security III Project #GAKD122 FDOT KW Security III Function#5400 Activity#5420 Official Division#1018 Revenue: 404-630149-3344100T Total Revenue: Appropriations: 404-630149-530490 Total Appropriations: Contract # APT62 Financial Proj#42645819401 CSFA#55.004 State Grants -Transportation $591,275.89 $591,275.89 Misc $591,275.89 $591,275.89 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA all (Seal) Attest: DANNY L. KOLHAGE, Clerk Mayor/Chairman Item 91 rlvr unapt Fund 404 630149 GAKD122 FDOT KW Security III Grant OMB Schedule Item Number 92 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: $10,050.43 To: 403-5420-63529-530490-GAMD26-530310 Cost Center #63529 Planning Studies Fund #404 Key West International Airport From:404-5420-63002-560640 Cost Center #63002 KW Airport R&R For the amount: $40,806.72 To: 404-5420-630139-560630-GAKA133-530310 Cost Center #630139 DBE 037-37 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 20`" day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ma Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 92 Fund 404, 403 trsfrs FYI grant match OMB Schedule Item Number 93 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper. Restrictions FAA Grant Agreement Project #3-12-0037-035-2008 Cost Center #636134 RSA Phase 2 (Final) Project #GAKAP129 RSA Phase 2 (Final) FDOT Financial Project #41253519401 Contract #ANJ94 Revenue: 406-5420-636134-33141OCT Federal Grants -Transportation $1,804,941.23 406-5420-636134-33441OCT State Grants -Transportation $ 47,498.45 Total Revenue: $1,852,439.68 Appropriations: 406-5420-636134-560630 Capital Outlay -Infrastructure $1,852,439.68 Total Appropriation: $1,852,439.68 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) Mayor/Chairman Attest: DANNY L. KOLHAGE, Clerk Item 93 rlvr unant Fund 406pfc 636134 GAKAP129 OMB Schedule Item Number 94 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC & Oper Restrictions Cost Center #636146 NIP 7 Const. 037-41 Project #GAKAP139 NIP 7 Const. 037-41 Function#5400 Activity#5420 Official Division#1018 Revenue: 406-636146-3314100T Federal Grants -Transportation $ 1,191,473.43 --------------- Total Revenue: $1,191,473.43 Appropriations: 406-636146-530490 Misc $1,191,473.43 Total Appropriations: $1,191,473.43 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 20t` day of October, AD 2010. Mayor Murphy Mayor Pro Tem Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIN Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 94 rlvr unant fund 406 636146 GAKAP139 FAA#037-41 OMB Schedule Item Number 95 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 2011 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #403 Marathon Airport Cost Center # 63569 Rehab Txwy Mkg 044-25 Project# GAMA65 Rehab Txwy Mkg 044-25 Offcl/Div# 1018 Function 5400 Activity 5420 Revenue: 403-63569-3314100T 403-63569-381406GT Total Revenue Appropriations: 403-63569-530490 Total Appropriations: Fed Grants -Transportation $11,459.86 Trnsfer fin Fund 406 167.04 $ 11,626.90 Misc $ 11,626.90 $ 11,626.90 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LN Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 95 rlvr unapt Fund 403 63569 GAMA65 OMB Schedule Item Number 96 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 2011, 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 2011, be and the same is hereby increased by the amount hereinafter set forth: Fund# 403 — Marathon Airport Cost Center # 63576 EA Reloc & Ext of RW 7/25 044-27 Project#GAMA68 EA Reloc & Ext of RW 7/25 044-27 Function# 5200 Activity#5250 Official Division#1012 Revenue: 403-63576-3314100T Fed Grt-Transp. $208,552.97 403-63576-381406GT Trnsfr fm Fund 406 10,976.47 ------------- Total Revenue $219,529.44 Appropriations: 403-63576-530490 Misc $219,529.44 ------------- Total Appropriations: $219,529.44 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 20te day of October AD 2010. Mayor Murphy Mayor Pro Tern Carruthers Commissioner Wigington Commissioner Neugent Commissioner Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk Item 96 rlvr unant 63576 GAMA68 OMB Schedule Item Number 97 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 2011, 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 2011 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: 403-63577-3314100T Fed Grants -Transportation $ 65,540.50 403-63577-381406GT Trnsfr Fin Fund 406 $ 3,449.50 Total Revenue: $68,990.00 Appropriations: 403-63577-530490 Misc $68,990.00 Total Appropriations: $68,990.00 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 20`h day of October, 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 97 rlvr unapt fund 403 63577 gama69 OMB Schedule Item Number 98 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 2011, 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 2011 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: 403-63578-3314100T Fed Grants -Transportation $ 13,015.00 403-63578-381406GT Trnsfer fm Fund 406 $ 685.00 Total Revenue: $13,700.00 Appropriations: 403-63578-530490 Misc $13,700.00 Total Appropriations: $13,700.00 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 20'h day of October, AD 2010. Mayor Murphy Mayor Pro Tem 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 98 rlvr unant fund 403 63578 gama70 OMB Schedule Item Number 99 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 2011, 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 2011 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: 403-63579-3314100T 403-63579-381406GT Total Revenue: Appropriations: 403-63579-530490 Total Appropriations: Fed Grants -Transportation $ 56,414.00 Trnsfer fm Fund 406 $ 2,969.00 $59,383.00 Mise $59,383.00 $59,383.00 BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon receipt of the above unanticipated funds, is hereby authorized and directed to place funds in said items, as set forth above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of October, 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 99 rlvr unant fund 403 63579 gama7l OMB Schedule Item Number 100 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 2011, 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 2011 be and the same is hereby increased by the amount hereinafter set forth: Fund #406 PFC Cost Center # 636141 Noise Contour Update FAA Grant# 037-037 Function#5400 Activity#5420 Official Division#1018 Project # GAKAP135 Noise Contour Update Revenue: 406-636141-3314100T Federal Grants -Transportation $26,600.00 Total Revenue: $26,600.00 Appropriations: 406-636141-530490 Misc $26,600.00 Total Appropriations: $26,600.00 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 201h day of October, 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 100 rlvr unant fund 406 636141 gakapl35 faa grant4037-37 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Bulk Item: Yes XX No Division: OMB Department: Grants Staff Contact /Phone #: 292-4444 AGENDA ITEM WORDING: Approval of fiscal year 2011 contracts with non-profit organizations funded through recommendations of the Human Services Advisory Board (HSAB), the Substance Abuse Policy Advisory Board (SAPAB), and the County Commission. ITEM BACKGROUND: Human Services Advisory Board reviewed applications and met May 27, 2010 to make recommendations to the BOCC. Contracts for Guidance Care Center and Rural Health Network include additional funding from BOCC as budget "line items." Contract for Boys and Girls Club also includes funding from the Clerk's Drug Abuse Trust Fund as recommended by the Substance Abuse Policy Advisory Board. There is also a separate contract for Guidance Care Center for funding from the Clerk's Drug Abuse Trust Fund as recommended by the Substance Abuse Policy Advisory Board. A detailed summary of funding sources and amounts is attached, as well as minutes from meetings of the HSAB and SAPAB meetings. PREVIOUS RELEVANT BOCC ACTION: Contract amounts approved as part of budget process. CONTRACT/AGREEMENT CHANGES: Overall HSAB budget remains the same as last year's, however, the HSAB recommended significantly increased funding for three organizations: Star of the Sea Foundation, Independence Cay, Inc, and Grace Jones Community Day Care Center. STAFF RECOMMENDATIONS: Approval TOTAL COST: $2,526,124 INDIRECT COST: BUDGETED: Yes XX No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $2,526,124 SOURCE OF FUNDS: Ad valorem and substance abuse and alcohol -related fines REVENUE PRODUCING: Yes — No XX AMaUNT PER MONTH Year J APPROVED BY: County Atty _ � B/Purchasing Risk Management ' DOCUMENTATION: DISPOSITION: Revised 7/09 Included XX Not Required AGENDA ITEM # List of 2011 Funding Sources and Amounts Human Service Organization Contracts for Fiscal Year 2011 Agency HSAB Arnt mt mt Total HSAB organizations AIDS Help 20,000 0 0 20,000 American Red Cross 5,000 0 0 5,000 Boys and Girls Club 35,000 1,554 0 36,554 Domestic Abuse Shelter 20,000 0 0 20,000 Easter Seals Society 11,200 0 0 11,200 Fla. Keys Area Health Education Ctr 35,000 0 0 35,000 Florida Keys Children's Shelter 146,000 0 0 146,000 Florida Keys Healthy Start Coalition 5,000 0 0 5,000 Florida Keys Outreach Coalition 30,000 0 0 30,000 Good Health Clinic 40,000 0 0 40,000 Grace Jones Day Care Center 30,000 0 0 30,000 Guidance Clinic/Care Center 600,000 22,250 460,520 1,082,770 Hel line 4,000 0 0 4,000 Hospice of the Florida Keys 145,000 0 0 145,000 Independence Cay 15,000 0 0 15,000 Keys Area Interdenom Resources 15,000 0 0 15,000 Literacy Volunteers 4,000 0 0 4,000 Monroe Assoc for Retarded Citizens 145,000 0 0 145,000 Monroe County Educ Fndn - Keys Center 57,000 0 0 57,000 Rural Health Network 60,000 0 273,600 333,600 Samuel's House 75,000 0 0 75,000 Star of the Sea Foundation 30,000 0 30,000 U.S. Fellowship of Fla. - Heron/Peacock 45,000 0 0 45,000 Wesley House 126,000 0 0 126,000 Womankind 70,000 0 0 70,000 HSAB Contract Totals 1,768,200 23,804 734,120 2,526,124 BOCC Line Items Arts Council 0 0 57,000 57,000 Big Pine Athletic Association 0 0 44,000 44,000 Heart of the Keys Youth 0 0 30,400 30,400 MCEF-Kids Come First 0 0 25,000 25,000 Upper Keys YMCA 0 0 11,400 11,400 Historic Florida Keys Foundation 0 0 28,500 28,500 Upper Keys Community Pool 0 0 180,000 180,000 AARP-BP*** 0 0 4,500 4,500 AARP-LK 0 0 4,500 4,500 AARP-MK 0 0 4,500 4,500 AARP-UK 0 0 4,500 4,500 Older American Vol Program 1 01 01 500 500 BOCC Contract Total 394,800 TOTALS 1,768,200 23,804 1,128,920 2,920,924 * Clerk's Drug Abuse Trust Fund ** BOCC Direct -Funded Line Items ***No contracts are issued for AARP's and OAVP Human Services Advisory Board and Substance Abuse Policy Advisory Board Minutes MONROE COUNTY HUMAN SERVICES ADVISORY BOARD MINUTES OF MEETING HELD ON May 27, 2010 Sheriff's Hangar Marathon, Florida Board Members Present: David Horan, Chair Alexsandra Leto, Vice Chair Steve Torrence, Secretary Kim Bassett Anna Nickerson County Commissioners present: Mayor Sylvia Murphy (Draft) 8:30 A.M. Staff present: Lisa Tennyson, Grants Administrator The meeting was called to order at 8:45 A.M. by Alexa Leto, Vice Chair. Human Services Advisory Board (HSAB) members, A. Leto, S.Torrence, and A.Nickerson, introduced themselves. D. Horan and K. Bassett not yet present. Mayor Murphy opened with discussion of the County's new ordinance requiring the registration of lobbyists. She explained that it was imperative that all who wished to speak at today's meeting in relation to a funding request were required to register and that the County Attorney's office opined that non-profit representatives are to be considered lobbyists and are not exempted. The Mayor discussed that representatives had the option not to speak or present if they did not wish to register; and that they would not be disqualified from being considered for funding if they exercised that option. A. Leto indicated that it was very helpful to be able to speak with representatives if she had follow-up questions regarding their funding application and not having this opportunity could affect how she determined her funding recommendations. A. Leto, S. Torrence and A. Nickerson then discussed their affiliations: Alexsa Leto: None Steve Torrence: MARC House Anne Nickerson: None The minutes from the Feb. 16 meeting were discussed. L. Tennyson mentioned a minor change that was made concerning the affiliations mentioned for A. Nickerson. Since those listed in the original draft minutes were not HSAB-related entities, they were stricken and replaced with "none." L. Tennyson was asked about this year's HSAB budget and responded that the amount was to remain flat at last year's level: $1,768,200. She mentioned this is fairly positive news considering that property values and state revenue sharing have declined. A.Leto then asked audience members to introduce themselves. At 8:55 David Paul Horan arrived. He introduced himself and noted that he did not have any affiliations. D. Horan discussed the lobbying registration requirement, asking whether being just asked questions related to the application would constitute lobbying and therefore require the registration. The Mayor responded that the County Attorney's direction was clear and direct and that anyone who wished to speak on behalf of an organization asking for funding was required to register. The audience was polled to see how many representatives did not intend to register and therefore would not be presenting. Only one, the representative for Red Cross, indicated that she would not be registering. L. Tennyson collected registration forms for all speakers. D. Horan made a motion asking the board to approve his speaking at the June 16th public hearing on the ordinance, to ask that HSAB applicants be considered as an exception to the lobbyist registration ordinance. A. Leto seconded. The motion passed unanimously. (K. Bassett not present.) K. Bassett arrived at 9:10 apologizing for her lateness, stating that she went to the wrong meeting place. She introduced herself and noted her affiliation with AHEC and that her Chief Nursing Officer at Fisherman's Hospital sits on the board of the Rural Health Network. The minor change in the minutes was brought to the attention of the D. Horan and K. Bassett who arrived after the discussion. The budget amount was also re -stated for their benefit. It was noted that a total of $2,119,239 was requested by applicants; $431,039 more than was available. Presentations began. 9:15 FKOC; speaker Sam Kaufman. D. Horan asked about high CEO salary. 9:20 Health Start; speaker Arianna Nesbitt. A. Leto asked about match and sub - grant. A. Nesbitt responded there was no sub -grant. 9:30 Easter Seals; speaker Rob Porcaro. K. Bassett asked about the difference between the state and local boards and about client fees. 9:37 AHEC; speaker Michael Cunningham 2 9:45 Literacy Volunteers; speaker Connie Gilbert 9:52 MARC; speaker Diane Flenard 9:55 Domestic Abuse Shelter; speaker Venita Garvin. D. Horan asked about high CEO salary. K. Bassett asked about top heavy executive staff. A. Leto asked questions related to the organization's audit. V. Garvin responded that she would get a corrected audit back to the board shortly. 10:05 Guidance Care Center; speaker Jamie Pipher. 10:20 Rural Health Network; speaker Dan Smith. D. Horan asked about possibility of RHN asking the Lower Keys Medical Center to house the primary care clinic. He mentioned that he would ask them about this. He added for disclosure purposes that a partner in his law firm was on the Lower Keys Medical Center. K. Bassett asked about services in the Upper Keys. D. Smith responded that he would like to coordinate with providers in the Upper Keys, but wants to be careful not to duplicate services. 10:30 American Red Cross. No speaker. JB Hunt did not complete a lobbyist registration form. 10:31 Star of the Sea; speaker Tom Callahan and Peter Batty. 10:40-11:00 Break 11:00 Samuel's House; speaker Elmira Leto. 11:10 Heron Peacock Transitional Housing; speaker Janice Drewing. L. Tennyson asked for an updated 990. 11:15 Florida Keys Children's Shelter; speaker Bill Mann. 11:20 Community Health of South Florida; speaker Brodes Hartley. A. Leto asked about their designation as a federally qualified health clinic. D. Horan asked about very high CEO and executive staff salaries. K. Bassett asked about their client fees and if they charged a fee to everyone, even those who could not afford to pay, referring to their client intake form that indicated that a fee was charged to all clients. She also about their co -pay policy and whether or not they ask other organizations in the community, for ex. KAIR, to help pay for these. They stated they cover co -pays for all income eligible and do not ask any other organizations to cover this. K. Bassett stated that she confirm this with KAIR when it was KAIR's time to present. L. Tennyson asked for a breakdown of client fees and how much in client fees were paid by clients at their Marathon office. They said they would provide this information. 11:35 Independence Cay Shelter and Food Pantry; speaker Rev. Maconaughy. K. Bassett asked if this was the only shelter in Marathon and Rev. Maconaughy responded yes. 3 11:44 Grace Jones Day Care Center; speaker John Morrill. 11:50 Boys and Girls Club; speaker Dan Dombrowski. There was some discussion about the electricity fee being charged by the school district to the Boys and Girls Club. D. Horan commented that since the school district would have the electricity on anyway, the district shouldn't charge the organization. 11:58 KAIR; speaker Marjorie Roberts. K. Bassett asked if the organization was ever contacted by Community Health of South Florida to cover co -pays for clinic clients. Ms. Roberts responded yes. 12:10 Hospice Care of Southeast Florida; speaker Emily Betz. K. Bassett asked about fees charged for summer camp. Ms. Betz responded no fees were charged. A. Nickerson questioned the need for two providers of hospice services in the Keys. Meeting adjourned for lunch and re -convened at 1:50. Before the rest of the presentations began, Mayor Murphy discussed an item she will be bringing before the BOCC at the June meeting, to ask for approval to convene a working group to meet about 4-5 times over the next few months to revisit the policies of the HSAB, for example, those related the definitions and weighting of the various funding categories. 1:55 AIDS Help; speaker Patrice Walker. 2:05 Keys Center; speaker Diana Reagan. 2:12 Helpline; speaker Lou Hernandez. 2:20 Wesley House; speaker Doug Blomberg. D. Horan asked about Early Learning funding. 2:30 Womankind; speaker Betsy Langan. Ms. Langan was asked about services in Upper Keys. She clarified that she coordinated with the providers up there, RHN, CHI, Monroe Health Department and Good Health Clinic, but wanted to be very careful not to duplicate services. At this point, D. Horan asked the audience of providers how many of their clients were undocumented aliens. The general response was that this number was about or less than 5%. 2:45 Good Health Clinic; speaker Sandy Yankow. K. Bassett stated that she'd like to add for disclosure purposes that Rev. Maconaughy from Independence Cay sits on the board of Fisherman's Hospital. HSAB members begin deliberations. D. Horan makes the first set of recommendations for the medical services category. K. Bassett recommends less 11 for Easter Seals. A. Leto adds that Easter Seals provides specialized services. A. Nickerson recommended a higher amount for Good Health Clinic. After some discussion of various funding to applicants, D. Horan motions to approve the funding amounts for medical services totaling $965,000. Some members not ready to approve that motion; want to discuss amounts in other categories first. A. Leto seconds; motion passes 3-2 (S. Torrence, K. Bassett opposing). The discussion moved to the Core Services category funding amounts, and then to the Quality of Life category funding amounts. The amount of recommendations totals $1,833,500; over the limit. HSAB members revisit and revise amounts recommended so far, including medical services category. Motion to rescind prior motion setting medical services amount to revise funding amounts in that category. Motion to rescind passes unanimously. Funding recommendations for each applicant in each category are finalized as follows: Guidance Care Center 600,000 Easter Seals 11,200 FK AHEC 35,000 Good Health Clinic 40,000 Hospice of FI Keys 145,000 Hospice of SE Florida 0 Rural Health Network 60,000 Womankind 70,000 Community Health of South Florida 0 Sub -total Medical 961,200 AIDS Help 20,000 American Red Cross 5,000 Boys and Girls Club 35,000 Domestic Abuse Shelter 20,000 FK Children's Shelter 146,000 FK Healthy Start 5,000 FK Outreach Coalition 30,000 Heron Peacock 45,000 KAI R 15,000 MARC 145,000 MCEF - Keys Center 57,000 Samuel's House 75,000 Wesley House 126,000 Star of the Sea 30,000 Independence Cay 15,000 Sub -total Core 769,000 Helpline 4,000 Literacy Volunteers 4,000 Grace Jones Day Care Center 30,000 Sub -total Quality of Life 38,000 Total 1,768,200 5 D. Horan motions to approve all funding recommendations for HSAB. S. Torrence seconds. Motion passes unanimously. (S. Torrence abstains from vote specifically on MARC and K. Bassett abstains from vote specifically on AHEC.) There being no further business, the meeting was adjourned at approximately 4:00 P.M. on Substance Abuse Policy Advisory Board Minutes (Not Yet Approved) June 21, 2010 Harvey Govt. Center, 1200 Truman Ave. 12:30 P.M. Key West, FL Board members/designees present: Rosemarie Enright, Public Defender, Vice -Chairperson Larry Prescott, for Jamie Pipher, RVP Guidance Care Center Dr. Joseph Burke, Superintendent of Schools Bob Audette for Patricia Burns, Florida Dept. of Corrections Parole and Probation Sylvia Murphy, Mayor, District 5 Commissioner Chief Ken Dugger for Bob Peryam, Sheriff Robert Petrick, Chief of Police, Key Colony Beach Donald Barrett for Dennis Ward, State Attorney Holly Elomina, Court Administrator Staff members present: Lisa Tennyson, Monroe County Grants Administrator Vice -Chair noted the existence of a quorum, and the meeting was called to order at approximately 12:40 P.M. Board members introduced themselves and disclosed any affiliations with applicants. Dr. Burke noted his affiliation with the School District and Monroe Youth Challenge; Holly Elomina noted her affiliation with the 16`h Judicial Circuit; Larry Prescott noted his affiliation with the Guidance Care Center. A motion to approve the minutes of the June 16, 2009 meeting passed unanimously. Lisa Tennyson then informed the board that the County will receive $132,959 in its Byrne JAG funds. Lisa noted that six with accepting applications for this funding were received and that the requests exceed available funds. Lisa Tennyson then summarized the status of the Drug Abuse Trust Fund (DATF) money. She noted that last year we utilized this funding to supplement the Byrne JAG funding in the amount of $35,000. She informed the Board that the fund will earn approximately $20,000 and that there is approximately $113,000 in the fund. Lisa informed the Board that they needed to decide whether and how much of the DATF to use to supplement Byrne JAG this yea r. A motion was made and seconded to use $20,000 from the Clerk's Drug Abuse Trust Fund. The motion passed unanimously. Applicants for the Byrne JAG and DATF funding then made presentations and answered questions from the board: • Dan Dombrowski of the Boys and Girls Club discussed its Smart Kids Program at Stanley Switlick Middle School in Marathon. • Sunny Booker discussed the drug abuse prevention education Monroe Youth Challenge Program. • Janice Drewing discussed the Heron Peacock recidivism prevention program. • Michael Hayes of the 16th Judicial Circuit discussed the Drug Court's Drug Testing Laboratory. • Nadine Hood of the Guidance Care Center discussed its Female Jail Incarceration Program. • Elmira Leto discussed her Samuel's House/WIT program. Rosemarie Enright stated that historically Byrne JAG funds were used to "seed" new programs and that there was a four year limit on funded programs, and expressed concern that this funding was being used for the same groups year after year; and that perhaps we should re -visit the 4 year funding limit. At this point, Mayor made the following funding recommendation: Boys and Girls: $23,000 MYC: $39,000 Heron Peacock: $29,000 16th Judicial Circuit: 43,000 Samuel's House: $19,000 Mayor Murphy explained why she wasn't recommending funding for Guidance Care Center: 1) it was a new applicant this year; 2) West Care, the parent company, is a large entity with lots of capacity; 3) the Guidance Care Center receives funding through the County's HSAB, as a BOCC line item and receives the County's RSAT funding. The group took a brief break and reconvened after 10 minutes. Holly Elomina expressed concern about funding for the Female JIP program, stating that she thought it was an important program. Larry Prescott explained that the sources of funding for the Guidance Care Center prohibited the funds from being used in the jail. Dr. Burke then made the following funding recommendation motion: Boys and Girls Club: $30,000 MYC: $40,000 Heron Peacock: $30,000 16th Judicial Circuit: $40,000 Samuel's House: $19,000 Mayor Murphy seconded. There was discussion. R. Petrick stated that he thought the JIP program was important. Don Barrett re -iterated this, and asked if it could be funded with less than what was requested. Nadine Hood explained that is was a full-time staff position and that the staff required certification. There was a discussion of the Guidance Care Center's $1 million in funding from the County and whether there was any capacity within this funding to fund the position for the JIP program. A vote was called on the motion; it failed with 4 "no's," 3 ayes and 2 abstentions. (Larry Prescott of the Guidance Care Center and Holly Elomina of the 16th Judicial Circuit abstained.) Robert Petrick made a new motion with the following recommendations: Boys and Girls Club: $ 23,877 MYC: $39,000 Heron Peacock: $25,000 16th Judicial Circuit: $0 Samuel's House: $20,000 The motion failed with 5 "no's," 2 ayes, and 2 abstentions. (Larry Prescott and Holly Elomina again abstained.) Holly discussed her willingness to reduce her request to half of the staff salary for which she was seeking funding; adding an additional $12,000 to distribute. N. Hood stated that she would try to work with less, if she could provide a part-time staff person to provide a part- time program. Rosemarie Enright then discussed reducing everyone's amount a small amount and increasing the amount from the Drug Abuse Trust Fund. The members of the board agreed. R. Enright then made a motion with the following recommendations: Boys and Girls Club: $ 22,377 MYC: $38,500 Heron Peacock: $28,500 16th Judicial Circuit: $27,636 Samuel's House: $17,500 Guidance Care Center: $ 22,250 The motion passed unanimously. R. Enright then made a motion to increase the amount to be used from the DATF to $23,804. The motion passed unanimously. R. Enright then made a motion to proportionately distribute any excess or shortage of funds due to any changes made by County Commission, FDLE, or applicant after SAPAB approval of recommendations for FY2011 Byrne funds. The motion was approved unanimously. Upon a motion by Rosemarie Enright, RaiEtte Avael was unanimously re-elected as Chairperson. Mayor Sylvia Murphy was unanimously elected as Vice -Chairperson. The board discussed and agreed to limit the funding to 3 years; with the clock starting next funding cycle. R. Enright also suggested that organizations limit their speakers to the one - that being the representative of the organization or program. The board agreed. At approximately 3:30 P. M., there being no further business, the meeting was adjourned. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: AIDS Help, Inc Effective Date: 10/01/10 Expiration Date: 9 30 11 Contract Purpose/Description: Provide services to AIDS patients in Monroe County - Contract Manager: Lisa Tennyson (Name) for BOCC meetina on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $20,000.00 Current Year Portion: $20,000.00 Budgeted? Yes® No ❑ Account Codes: 001- 03225-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $--- Jyr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Da e Jn Needed Division Director f�C> Yes❑ No Risk ManagrreMent ja�LW Yes[--] No (d O.M.B./Pur�SasingVI Yes❑ Nob Date Out *Revie(wver County Attorney 41-90110 Yes❑ No�J Comments: —r i vi l l [ I\'=V acu 7/ 11/ 7J mi,-r -* /- AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and AIDS Help, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of supportive services to HIV -infected residents, and WHEREAS, it is a legitimate public purpose to provide facilities and services for supportive services to HIV -infected residents, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for supportive services to HIV -infected residents of Monroe County, Florida, shall pay to the PROVIDER the sum of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. Contract -AIDS Help FY 11; page 1 RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract -AIDS Help FY 11; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract -AIDS Help FY 11; page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the Contract -AIDS Help FY 11; page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract -AIDS Help FY 11; page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Robert Walker, Executive Director AIDS Help, Inc. 1434 Kennedy Drive P.O. Box 4374 Key West, FL 33041 305-296-6196 305-296-6337 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract -AIDS Help FY 11; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -AIDS Help FY 11; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AIDS Help, Inc. (Federal IONo. By President ���r.E-�������`������ Contract -AIDS Help pY1tpage a IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK M Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By, Mayor/Chairman AIDS Help, Inc. (Federal ID No. 59-2678740) ":'�5�*ident Contract -AIDS Help FY 11; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -AIDS Help FY 11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -AIDS Help FY 11; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 Contract -AIDS Help FY 11; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) AIDS Help, a non-profit community -based organization, provides case -managed health care, housing, food, counseling, referral, and support services for HIV -infected residents of Monroe County (the Florida Keys). The agency also conducts health education, HIV risk reduction and outreach programs aimed at reducing the impact of HIV infection throughout the county. AIDS Help will be providing reimbursement for pharmaceuticals and purchasing food supplements for clients with prescriptions. Contract -AIDS Help FYI 1; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract -AIDS Help FY 11; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE AIDS Help 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. ':_ • `ice _ � - Date: September 29, 2010 STATE OF FLORIDA COUNTY OF MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, �a,Wrth Toncs Le,� t 3 who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 3 5 day of rJe�'� e rA 10 eT , 20 ID , 6��) &Z My commission expires: OMB - MCP FORM #4 ............................................ NOTARY KAREN A. FRANK-NOL o .ar o�Po, Comm# DD06 934 Expires 6/18/2011 Florida Notary Assn., Inc If..............e......... .......►............T Contact AIDS Help FY 11; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: _AIDS Help (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF FLORIDA (Sig tftIlkespon nt) COUNTY OF MONROE September 29, 2010 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Sal k doge_,, Leuy i S who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 20 W ly commission expires: •s2ee�e��iueuen�+nu���ns�omuwu��� KARE,N A. FRANK-NOLL Comm# DD0686934 Expires 6/18/2011 Fioroa Notary Assn., Inc A Q......... .....0 .... unu�s�e Contract AIDS Help FY 11; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: American Red Cross Effective Date: 10/01/10 Expiration Date: 9 30 11 Contract Purpose/Description: Provides direct services to the citizens of Monroe County, such as disaster assistance, emergency communications and health and safety training. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $5,000.00 Current Year Portion: $5,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03203-530340- - Grant: $0.00 - - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Dn Division Director D b Risk Manag m)nt ��-�� O.M.B. Purchasin l444-> / 9 County Attorney Comments: CONTRACT REVIEW Changes Needed Yes❑ NoU�—1 Yes❑ No Yes❑ N _ Yes❑ NoV C ulvlts corm Kevisea 9/11/9b mcp #2 Date Out 510 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and American Red Cross of Greater Miami and the Keys, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of disaster services and health, safety and community services, and WHEREAS, it is a legitimate public purpose to provide facilities and services for disaster services and health, safety and community services, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for disaster services and health, safety and community services for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -American Red Cross FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract -American Red Cross FY11; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract -American Red Cross FY11; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract -American Red Cross FYI 1; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract -American Red Cross FY11; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This counterparts, each of which shall be regarded constitute one and the same instrument and Agreement by signing any such counterpart. Agreement may be executed in any number of s an original, all of which taken together shall any of the parties hereto may execute this 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Sam Tidwell, Executive Director American Red Cross of Greater Miami and the Keys 335 SW 271h Avenue Miami, FL 33135 305-644-1200 305-644-1368 FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract -American Red Cross FYI 1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -American Red Cross FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman American Red Cross of Greater Miami and the Keys (Federal ID No By President Contract -Amencan Red Cross FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witnes Wit ess BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman American Red Cross of Greater Miami and the Keys (Federal ID No.53-0196605) By / President Contract -American Red Cross FYI 1; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -American Red Cross FYI 1; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -American Red Cross FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 2010_ by who is personally known to me. Notary Public Notary Stamp Contract -American Red Cross FYI 1; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) The Red Cross received its first Congressional charter in 1900 and a second in 1905. This charter -which remains in effect today -sets forth the purposes of the organization that include giving relief to and serving as a medium of communication between members of the American armed forces and their families and providing national and international disaster relief and mitigation. While closely coordinating with the federal government in the achievement of its objectives, the Red Cross is an independent, volunteer -led organization, financially supported by voluntary public contributions and cost - reimbursement. The Greater Miami & The Keys Chapter has been serving the residents of Miami -Dade and Monroe counties for 93 years, providing services in four major areas: (1) Emergency Services (including Disaster Preparedness and Relief), (2) Services to the Armed Forces, (3) International Services and (4) Health and Safety Services. Red Cross emergency services are provided around the clock from our Miami Headquarters located in the City of Miami, and our branch offices in Homestead and Key West. Through this grant and other funding, ARC will provide Local Emergency Response Services to residential fires; training in water safety, CPR and First -Aid, (Health and Safety Services); and emergency communications with urgent news of family illness, death and birth, as well as non emergency communications to and from local military families, as well Emergency Response Services to major disasters. Contract -American Red Cross FYI 11 page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract -American Red Cross FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Sam Tidwell 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: September 28, 2010 STATE OF FLORIDA COUNTY OF MIAMI-DADE PERSONALLY APPEARED BEFORE ME, the undersigned authority, Sam Tidwell who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 28 day of September, 2010 ARY PUBLIC My commission expires:--- tiiauer, v �i-ovET Notark P &t - `late o1 ]Florida �����atib�M.C,::,esAugNOWY Pubk - ft to M FWWs OMB - MCP FORM #4 =��`~ nr ;�9MYC�Mo�Ex#MAu$1$,2W1 COMMW ia► / CD W429 !e r+0�d'iMayh N�Mo�t Nap�Y �. Contract -American Red Cross FYI 1; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: American Red Cross Greater Miami & The Keys (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF FLORIDA (Signature of Respondent) COUNTY OF MIAMI-DADE 9 28 10 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Sam Tidwell who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 28th day of September , 2010 . My commission expires: NOTARY PU Wf" V. OMAttYET - State of Flp 6 E�etAug 11. 2"1 DO 167429 BWA*d Ttm* 400W Nd..�... Contract -American Red Cross FYI 1; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Boys and Girls Club Effective Date: 10/01/10 Expiration Date: 09/30/11 Contract Purpose/Description: Provides funding for facilities and services for youth activities and development programs and substance abuse education and prevention services for youth Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) a Deadline: CONTRACT COSTS Total Dollar Value of Contract: $36,554.00 Current Year Por4on: $36,554.00 Budgeted? Yes X No ❑ Account Codes: 001-03241-530340-QQe_ Grant: $0 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above e . maintenance, utilities, janitorial, salaries, etc. Dgite,ln Division Director Risk Mana7asing O.M.B./Pur'w 9� County Attorney 41 f Comments: CONTRACT REVIEW Cha Nee Yes❑ Yes❑ Yes[:] Yes❑ Nolo vlvio rorm Kevlsea y/-I l/yb mt t, g;L if Date Out ZkA I i AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Boys and Girls Club, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, and WHEREAS, it is a legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for activities for the wholesome development of youths' personal, social, physical, and emotional growth in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY SIX THOUSAND FIVE HUNDRED FIFTY FOUR AND NO/100 DOLLARS ($36,554.00) for fiscal year 2010-2011, as follows: a. the sum of THIRTY FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00) for youth activities and development programs, and b. the sum of ONE THOUSAND FIVE HUNDRED FIFTY FOUR AND NO/100 DOLLARS ($1,554.00) for substance abuse education and prevention services for youth, as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of Contract -Boys and Girls Club FYI 1; page 1 termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall Contract -Boys and Girls Club FYI 1; page 2 include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of Contract -Boys and Girls Club FYI 1; page 3 this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES Contract -Boys and Girls Club FYI 1; page 4 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the Contract -Boys and Girls Club FYI 1; page 5 performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Dan Dombrowski, Executive Director BOYS AND GIRLS CLUB OF THE KEYS AREA, INC. 1400 United St., Room 108 Key West, FL 33040 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. Contract -Boys and Girls Club FYI 1; page 6 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Boys and Girls Club FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CA Mayor/Chairman Boys and Girls Club of the Keys Area, Inc. (Federal ID No By President Contract -Boys and Girls Club FYI1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Boys and Girls Club of the Keys Area, Inc. (Federal ID No. 65-0678071 President Contract -Boys and Girls Club FYI 1; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Boys and Girls Club FYI1; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Boys and Girls Club FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (.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 who is personally known to me. Notary Public Notary Stamp 200_ by Contract -Boys and Girls Club FYI 1; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Mentoring Tutoring Homework assistance Referral services Sports and Recreation Life Skills Drug and Alcohol prevention Community Service Nutrition USDA snacks USDA lunches USDA breakfast Computer/Interred classes Conflict resoultion Contract -Boys and Girls Club FYI 1; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract -Boys and Girls Club FYI1; page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name bf Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I c ify that t/% co plies fully with the above requirements. STATE OF F L U iZ i D COUNTY OF (Signath're of R spondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, ("t-1 F L_ Dc,;" ���c_� who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of S E PT-r Me," (Z 4L 20 C . f� My commission expires: =010"1V"Ak Notary Public State ofFlorida Robert Porcaro P� MY Commission DD875204 PUBLIC �'?,04 Expires06/06/2013 Contract -Boys and Girls Club FY11; page 15 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, commissi rcentage, gift, or consideration paid to the former County officer or employe (sig ature) Date: �/ L STATE OF F L o E2 i l) A COUNTY OF H 0 N P- 0 E- PERSONALLY APPEARED BEFORE ME, the undersigned authority, �R N'r C t- EC'" ��0�>K f 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 I J . P, NOTARY NJR1 W My commission expires OMB - MCP FORM #4 Notary Public State of Florida:p Robert Porcaro MY Commission DD875204 ofRcF Ecpires06M&2013 Contract -Boys and Girls Club FYI 1; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Domestic Abuse Shelter Effective Date: 10/01/10 Expiration Date: 9 30 11 Contract Purpose/Description: provides funding to perform services such as shelter, counseling and other appropriate services to persons affected by domestic abuse Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $20,000.00 Current Year Portion: $20,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03201-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date in Division Director �� 0 Changes Needed Yes❑ No[D--- 1 Date Out Rev' wer Risk Management �(C� O.M.B./Pu4asing� Yes❑ No[;� Yes❑ No t� o County Attorney 41.30110 Yes❑ NoFX1 Comments: Units corm Kevisea 9/11/9b MCP #2 AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Domestic Abuse Shelter, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of comprehensive services for individuals and families experiencing domestic and sexual abuse, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the provision of comprehensive services for individuals and families experiencing domestic and sexual abuse, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for comprehensive services for individuals and families experiencing domestic and sexual abuse in Monroe County, Florida, shall pay to the PROVIDER the sum of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Domestic Abuse Shelter, Inc. FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract -Domestic Abuse Shelter, Inc. FYI 1; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. IS. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract -Domestic Abuse Shelter, Inc. FYI 1; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract -Domestic Abuse Shelter, Inc. FYI 1; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Cont act -Domestic Abuse Shelter, Inc. FYI 1; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Venita Garvin, Executive Director Domestic Abuse Shelter, Inc. P O Box 522696 Marathon, FL 33052 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERASILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract -Domestic Abuse Shelter, Inc. FYI 1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Domestic Abuse Shelter, Inc. FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By, Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Domestic Abuse Shelter, Inc. (Federal ID No By President Contract -Domestic Abuse Shelter, Inc. FYI 1, page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK L-M Deputy Clerk witness ` ffi_C a L* Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairman Domestic Abuse Shelter, Inc. (Federal ID No. CEO BY President Contract -Domestic Abuse Shelter, Inc. FYI 1; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Domestic Abuse Shelter, Inc. FYI 1; page 9 24 Hour Hotline Key Largo Outreach (305)451-5666 Fax: (305) 451-0809 0 Middle Keys Shelter (305) 743-4440 Fax: (305) 289-9897 ♦ Lower KeyslKeyWest Outreach (305)294-0824 Fax: (305) 294-0889 Lower Keys Shelter (305) 292-6647 Fax: (305) 292-3993 FUDV 10. United Way EIORIDA DEPARTMENT OF CHILDREN & FAMILIES Domestic Abuse Shelter. Inc. P.O. Box 522696 • Marathon Shores, FL 33052 Phone: (305) 743-5452 • Fax: (305) 289-1589 www.domesticabuseshelter.org June 24, 2010 Trixie Phelan FL. Dept of Children and Families I I 1112`h Street Suite 308 Key West, FL 33040 Re: Signature authority letter Dear Ms. Phelan: Venita Garvin Valdez, Chief Executive Officer for the Domestic Abuse Shelter, Inc. is authorized to enter into contractual agreement and/or grants. As the CEO she has signature authority for all contacts and grants for the Domestic Abuse Shelter, Inc. in Monroe County, Florida. Si Kahn, President stic Abuse Shelter, Inc. Cc: DAS Board of Directors Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Domestic Abuse Shelter, Inc. FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 who is personally known to me. Notary Public Notary Stamp 200_ by. Contract -Domestic Abuse Shelter, Inc. FYI 1; page 11 Services to be provided: ATTACHMENT C (Insert a description of your organization including a list of the services that will be provided by Your organization under this contract.) The Domestic Abuse Shelter provides comprehensive services for individuals and families experiencing domestic violence and sexual abuse, such as emergency shelter, food, transportation, clothing, personal items, safety planning, support groups, crisis and individual counseling, criminal justice advocacy, victim advocacy, case management, crisis hotline, information and referral, community education and professional training. Contract -Domestic Abuse Shelter, Inc. FYI 1; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract -Domestic Abuse Shelter, Inc. FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO, 10-1990 MONROE COUNTY, FLORIDA _QTHICS CLAUSE �������e 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 Ct_-�)LQ�----l()�U STATE OF �w� t D 4 COUNTY OF OYyP-OE `PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her ag si t�ture (name of individual signing) kGO-i-E(n(--�F2 20 GUADALUPE MARZOA � Notary Public - State of Florida S �� .Nov29,2Qt1 I t 601W 731243 Bwded ThroWh National Notary Assn. OMB - MCP FORM #4 in the space provided above on this day of NOTARY PUBLI Contract -Domestic Abuse Shelter, Inc. FYI 1; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida tatute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fir ,c mplies fully with the above requirements. _ STATE OF HE I D4 (Signature of Respondent) tu COUNTY OF 0 N2-0 -1 -2-q - (y Date `PERSONALLY APPEAREp BEFORE ME, the undersigned authority, who, after first being sworn by me, individual signing) affixed his/her. signature in the space provided above on this "i day of 6t=-r TomF-/7% 8'GEe_ , 20(t O. My commission expires: .4�"�,,•.. GUADALUPE MMUM ,nr nee% �`� «`� : Notaryr Pubk - State of Fwwa My Commission Expkai Nov 29, 2011 "� Comndasion DD 731243 o!,? ,`,`•`�``�`' goaded Through National Notary Assn. (name of Contract -Domestic Abuse Shelter, Inc. FYI 1; page 15 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this f m complies fu ly with the above requirements. STATE OF D (Signature of Respondent) COUNTY OF C) N Q-OE —t ` C( G Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Ueri ( —1A 6f eVN V>WEZ who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of , 2060. My commission expires: BLIC �Y p�e� GUADALUPE MARZOA A Notary Public . State of Ftortda My Co"nission Expires Nov 29, 2011 op Commlaston # DD 731243 Bon '�it.��` ; °F� ded Through Na*xW Nota►yASW I Contract -Domestic Abuse Shelter, Inc. FYI 1; page 15 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE V`, � rr nts 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: G —t�: Q 3- Q) 10 STATE OF V-LQP-1bA COUNTY OF v `I e) �JLO E- PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1 A IT4 6A2. W VqUXZ who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this a� day of �Gr t i , 20J VNbTARY PUBLIC My commission expires: NOWY UPE MARZOA tarY PUMC - $tAta Of Florida OMB - MCP FORM #4 EJwr►esNOV yg 201, c •• DD )31?!3 ecr,d dthro„ppNaB WAk*—._ Contract -Domestic Abuse Shelter, Inc. FYI 1; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Easter Seals Florida, Inc. Effective Date: 10 01 10 Expiration Date: 9 30 11 Contract Purpose/Description: provides funding to perform outpatient medical rehabilitation to citizens of Monroe County with disabilities and special needs Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $11,200.00 Current Year Portion: $11,200.00 Budgeted? Yes® No ❑ Account Codes: 001-03245-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Ctq In Division Director / (3 Risk Management � O.M.B./PurKhasing County Attorney :q.30.14D Comments: CONTRACT REVIEW Chang Neede Yes❑ No Yes❑ No Yes❑ No uric rorm Kevisea y/11/y5 mup #z es Date Out d Rev wer L t AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Easter Seals Florida, Inc., hereinafter referred to as `PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of outpatient medical rehabilitation to citizens of Monroe County with disabilities or special needs, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the provision of outpatient medical rehabilitation to citizens of Monroe County with disabilities or special needs, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to the provision of outpatient medical rehabilitation to citizens of Monroe County with disabilities or special needs, in Monroe County, Florida, shall pay to the PROVIDER the sum of ELEVEN THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($11,200.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Easter Seals FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract - Easter Seats FYI 1; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract - Easter Seals FY11; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. AD3UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - Easter Seals FY11; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract - Easter Seals FYI 1; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Rob Porcaro Easters Seals Florida, Inc., Keys Regional Office 5220 College Road, Key West, FL 33040 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - Easter Seals FYI 1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Easter Seals FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By. Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Easter Seals Florida, Inc. (Federal ID No By President Contract - Easter Seals FYI I; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness Contract - Easter Seals FY11.doc; page 8 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Easter Seals Florida, u Inca. 37 rt (Federal ID No54-Q!j "V � '0 ) L4, By President ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Com munity-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Easter Seals FYI 1; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Easter Seals FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (-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 who is personally known to me. Notary Public Notary Stamp 200_ by, Contract - Easter Seals FY11; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Easter Seals provides exceptional services to ensure that all people with disabilities or special needs and their families have equal opportunities to live, learn, work, and play in their communities. The service Easter Seals will provide under this contract is outpatient medical rehabilitation (physical, occupational, and speech therapy) for children and adults with disabilities and other special needs. Contract - Easter Seals FY11 doc; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Easter Seals FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE FASTER SFA L IS F004 Atwit. 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 7oreyoye. ( signature) Date: — STATE OF FJ 0►^"do- COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, 5-UASQj-) V who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this _2-�01 day of My commission expires OMB - MCP FORM #4 os/za/zo i3 Contract - Easter Seats FY11. doc; page 14 —+AVOTAPY PUBLIC RM LACKSTONEION Ik DD872334May 23, 2013 Disconvt Aaeac. Co. DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 6 A STC7R ___ SEA L S F c o R t 0 rA____ l N C. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I ert that t firm complies fully with the above requirements. J STATE OF (Signatur of Respondent) COUNTY OF Q ran _ a Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Vt ' ��! %Y'� _ who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 2 � day of , 2000.. My commission expires: p5123i2,013 NO Y PUBLIC TIFFANY BLACKSTONE MY COMMISSION k DD872334 ,p EXPIRES: May 23, 2013 °f R N D...W As . Co. I-800.J-N6TARY �� Contract - Easter Seals FY17 doc, page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Florida Keys Area Health Effective Date: 10/01/10 Education Center Expiration Date: 09/30/11 Contract Purpose/Description: provides funding for health -related services and health education Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $35,000.00 Current Year Portion: $35,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03239-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $__/yr. For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) Da e Jn Division Director AnhV16 Risk ManagMasingq-fi'IDnt lo- �(0 O.M.B. Purc / County Attorney �I Comments: CONTRACT REVIEW Chai Nee Yes❑ Yes❑ Yes❑ Yes[:] Noo UMD rurm Kevisea y/11/y5 iviC-F AFL Date Out 4661-1• wo AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Florida Keys Area Health Education Center, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of health -related services and health education, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to health -related services and health education, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for health -related services and health education for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Florida Keys AHEC FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract - Florida Keys AHEC FYI 1; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract - Florida Keys AHEC FYI 1; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - Florida Keys AHEC FYI 1; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract - Florida Keys AHEC FYI 1; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This counterparts, each of which shall be regarded constitute one and the same instrument and Agreement by signing any such counterpart. Agreement may be executed in any number of s an original, all of which taken together shall any of the parties hereto may execute this 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Michael L. Cunningham, Executive Director Florida Keys Area Health Education Center, Inc. 5800 Overseas Highway, Suite 38 Marathon, FL 33050 305-743-7111 305-743-7709 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - Florida Keys AHEC FYI 1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Florida Keys AHEC FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Area Health Education Center (Federal ID No. -51 President Contract - Florida Keys AHEC FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk �V W itn 412� Witness Contract - Florida Keys AHEC FYI 1; page 8 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Area Health Education Center / (Federal ID No. +o S " d 1 iS 30/0 ) ByXA�L2t::�l Preside ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Florida Keys AHEC FY11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Honda Keys AHEC FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 200_ by who is personally known to me. Notary Public Notary Stamp Contract - Florida Keys AHEC FYI I,- page 11 Attachment C Description of Services Funding will be utilized to provide comprehensive medical examinations for at risk children ages 1-5 in low income working poor families, children in protective services and/or families transitioning from Public Assistance. Specialty care is also coordinated and provided through the program as recommended by FKAHEC medical staff. Medical examinations take place in the 40+ licensed Daycare home sites and facilities within Monroe County for approximately 450 children. The exams are offered to all children in the Fall followed by a secondary visit in the late spring and early summer. Every child with an identified medical concern receives a referral to a health care provider, follow-up care services by the FKAHEC staff, a second visit by FKAHEC medical staff members and is offered financial assistance for specialty care as requested and documented. Medical Exams include: 1. Immunization History. 2. Height, Weight, BMI and Body Fat %, Blood Pressure (if necessary). 3. Vision- Assessment tests for myopia (near sightedness), hyperopia (far sightedness), vision strength (20/20 etc), astigmatism (irregular focus of the eye) and Amblyopia (lazy eye). Test is conducted with a Welch Allyn SureSight Vision Screener portable Autorefractor. 4. Hearing -via DPOAE (Distortion Product Otoacoustic Emissions) and TEOAE (Transient Evoked Otoacoustic Emissions). Test is conducted with a Euro Scan Test system that tests and recognizes acoustic signals in the ear canal. 5. Oral Health Exam -Basic exam for cavities, gum disease -gingivitis, plaque buildup, poor hygiene, lingual frenulectomy/frenectomy/frenotomy (tongue tied), bottle caries etc. Dr. Denise Vedrenne is part of the medical staff team offering oral health exams. 6. Ears, Nose and Throat exam. 7. Head, Skin and Scalp (Dermatological exam) 8. Hygiene. 9. Nutrition. 10. Allergies. 11. Recent injuries. 12. Current medications. 13. Referrals for specialty and secondary care. 14. Provision of health education material. 15. Follow-up with Parent (Direct contact from staff). 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." Contract - Florida Keys AHEC FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE �'45 !`1 0 -C 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, per ce tage, gift, or consideration paid to the former County officer or eVloyqq. A � (signat Date: ' STATE OF `F--`� .7i\- COUNTY OF 1-'*"-�� � 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 \o My commission expires OMB - MCP FORM #4 B. A. CUw r," MY COMMISSION # DD934 29 EXPIRES 0,.b r 61 Note*Y Ihs!K NOTAR PUBLIC Contract - Florida Keys AHEC FYI 1; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: C 1 0 c, f� � �(5 A --e c, 64 e c, (4—, JJOC - 1 0, r—e— k_", , JT_v c- (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify t t is " m o ies fully with the above requirements. STATE OF COUNTY OF "� 0 C`� Q� C (Signature of Respon nt) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of ��E�ti , 200. _i My commission expires: NOTARY PUBLIC B. A. COWEN Ml' COMMISSION # DD934529 EXPIRES October 20, 2013 14M3-NOTARY A Nmwy Dif t Awc. Co. Contract - Florida Keys AHEC FY11; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Florida Keys Children's Effective Date: 10 01 10 Shelter Expiration Date: 9 30 11 Contract Purpose/Description: provides funding to perform services such as shelter, and early intervention and prevention programs for youths and their families Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $146,000.00 Current Year Portion: $146,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03235-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date An Division Director / Q Risk Manag 7nt (},510 O.M.B./Purchasing4a v County Attorney ��c) Comments: CONTRACT REVIEW Chan Need Yes❑ N Yes❑ N Yes❑ N vi-iD rurm Kevisea y/11/y5 ivi(-F -'G �U�rr • .ILI AGREEMENT This Agreement is made and entered into this 201h day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Florida Keys Children's Shelter, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of shelter and counseling to youth and families, and WHEREAS, it is a legitimate public purpose to provide facilities and services for shelter and counseling to youth and families, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows; FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for shelter and counseling to youth and families living in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED FORTY-SIX THOUSAND AND NO/100 DOLLARS ($146,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Fla Keys Childrens Shelter FYI 1.doc; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with ,funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract - Fla Keys Childrens Shelter FYI 1. doc; page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and .agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court Contract - Fla Keys Childrens Shelter FYI 1. doc; page 3 order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. Contract - Fla Keys Children Shelter FYI1.doc; page 4 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, ,Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duty authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract - Fla Keys Children Shelter FYI 1. doc; page 5 GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Kathleen Tuell, Executive Director Florida Keys Children's Shelter, Inc. 73 High Point Road Tavernier, FL 33070 305-852-4246 305-852-6902 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract - Fla Keys Children Shelter FYI I.doc; page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CA Mayor/Chairman Florida Keys Children's Shelter (Federal ID No By President Contract - Fla Keys Childrens Shelter FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witnless ry Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Children's Shelter (Federal ID No. 2-Z&<N5 S`6 ) B' Y President Contract - Fla Keys Childrens Shelter FYI 1. doc; page 8 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Fla Keys Childrens Shelter FYI 1,doc; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk a� a, 6�a Witness c Witness Contract - Fla Keys Childrans Shelter FYI 1. doc; page 8 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA m Mayor/Chairman Florida Keys Children's Shelter (Federal ID No._ 5LK&Q E3S`C ) By z President ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Fla Keys Children Shelter FYI 1. doc; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contact -Fla Keys Children Shelter FYI I. doc; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 XX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200_ by who is personally known to me. Notary Public Notary Stamp Contract - Fla Keys Children Shelter FY17.doc; page 11 Attachment C Description of Services Funding will be utilized to provide comprehensive medical examinations for at risk children ages 1-5 in low income working poor families, children in protective services and/or families transitioning from Public Assistance. Specialty care is also coordinated and provided through the program as recommended by FKAHEC medical staff. Medical examinations take place in the 40+ licensed Daycare home sites and facilities within Monroe County for approximately 450 children. The exams are offered to all children in the Fall followed by a secondary visit in the late spring and early summer. Every child with an identified medical concern receives a referral to a health care provider, follow-up care services by the FKAHEC staff, a second visit by FKAHEC medical staff members and is offered financial assistance for specialty care as requested and documented. Medical Exams include: 1. Immunization History. 2. Height, Weight, BMI and Body Fat %, Blood Pressure (if necessary). 3. Vision- Assessment tests for myopia (near sightedness), hyperopia (far sightedness), vision strength (20/20 etc), astigmatism (irregular focus of the eye) and Amblyopia (lazy eye). Test is conducted with a Welch Allyn SureSight Vision Screener portable Autorefractor. 4. Hearing -via DPOAE (Distortion Product Otoacoustic Emissions) and TEOAE (Transient Evoked Otoacoustic Emissions). Test is conducted with a Euro Scan Test system that tests and recognizes acoustic signals in the ear canal. 5. Oral Health Exam -Basic exam for cavities, gum disease -gingivitis, plaque buildup, poor hygiene, lingual frenulectomy/frenectomy/frenotomy (tongue tied), bottle caries etc. Dr. Denise Vedrenne is part of the medical staff team offering oral health exams. 6. Ears, Nose and Throat exam. 7. Head, Skin and Scalp (Dermatological exam) 8. Hygiene. 9. Nutrition. 10. Allergies. 11. Recent injuries. 12. Current medications. 13. Referrals for specialty and secondary care. 14. Provision of health education material. 15. Follow-up with Parent (Direct contact from staff). 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." Contract - Fla Keys Childrens Shelter FY11.doc; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. t_ (signature) Date: y 6a'4d 16 STATE OF r/ o r- t j c� COUNTY OF - fly 45 vtr 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 /V NOTARY PUBLIC My commission expires: 4e Notary Public State of Florida Patricia K Owens 4 My Commission 00994687 OMB -MCP FORM #4?orwo� Expfres08/08J2014 Contract - Fla Keys Childrens Shelter FY11. doc; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Ft ..+ri_ JC _ (Name of Business) —_ V t ,A\ 5 15✓`j, G 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF (Signature of Respondent) COUNTY OF M n^rc,a(4 jZ=010 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, �L // who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 01 day of , 204/D. My commission expires: NOTARY PUBLIC eNNNotary Public State of Florida Patricia K Owens My Commission D0994687 y� Expires 08t08r2014 Contract - Fla Keys Childrens Shelter FYI 1. doc; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Florida Keys Healthy Start Effective Date: 10/01/10 Coalition, Inc. Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for financial assistance with pre -natal care for uninsured and under -insured pregnant women in Monroe County Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on 10/20/10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $5,000.00 Current Year Portion: $5,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03242-530340- - Grant: $0.00 - - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $fyr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Needed In Division Director / Yes[:] No[p- Risk ManagAhVing nt �O Yes❑ No,�O.M.B. Purj/ Yes[] No�] County Attorney 30to Yes[:] Noy Comments: umb I-orm Kevised 9/11/95 MCP #2 Date Out eviewer 1 • le AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Florida Keys Healthy Start Coalition, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of financial assistance with pre -natal care for uninsured and under -insured pregnant women in Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services for financial assistance with pre -natal care for uninsured and under -insured pregnant women in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: A!IZI_034 Tn 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for financial assistance with pre -natal care for uninsured and under -insured pregnant women living in Monroe County, Florida, shall pay to the PROVIDER the sum of FIVE THOUSAND AND NO/100 ($5,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Fla Keys Healthy Start FY11.doc; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract - Fla Keys Healthy Start FY11.doc; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract - Fla Keys Healthy Start FY11.doc; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - Fla Keys Healthy Start FY11.doc; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract - Fla Keys Healthy Start FY11.doc; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Arianna Nesbitt, CEO Florida Keys Healthy Start Coalition 1100 Simonton Street Key West, FL 33040 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - Fla Keys Healthy Start FY11.doc; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Fla Keys Healthy Start FY11.doc; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Healthy Start Coalition (Federal ID No. ) By President Contract - Fla Keys Healthy Start FYI1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 0 Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Healthy Start Coalition (Federal ID No.(QS-UQ'OJ4'[,Q ) President - Fla Keys Healthy Start FY11.doc, page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Fla Keys Healthy Start FY11.doc; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Fla Keys Healthy Start FY11.doc; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 XX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200_ by who is personally known to me. Notary Public Notary Stamp Contract - Fla Keys Healthy Start FY11.doc; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) The mission of the Florida Keys Healthy Start Coalition is to ensure babies are born healthy to parents who are prepared in Monroe County. In keeping with that mission we will be using the county funding to cover the cost of prenatal care for uninsured and under -insured pregnant women in Monroe County. Contract - Fla Keys Healthy Start FY11; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Fla Keys Healthy Start FY11.doc; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had bct on his/i s 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 office or employee. �i j " (signdture) Date: STATE OF f I' OnC--1L:. COUNTY OF (PERSONALLY APPEARED BEFORE ME, the undersigned authority, Cl�> U�1YlG.i�i who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of NOTARY PUBLIC My commission expires: LEAHSTOCKTON Y I °p �o"' °°�� MY COMMISSION #DD857438 " EXPIRES: FEB 02, 2013 "� Bonded through 1st State Insurance OMB - MCP FORM #4 Contract - Fla Keys Healthy Start FY11.doc; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Busin 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF V 00V�C.I A\ (Signature of Respondent) COUNTY OF gla-d 6 -Tate PERSONALLY APPEARED BEFORE ME, the undersigned authority, �rtr�(1►'LC� Q�c�1�CC� who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day ofn�� , 200� My commission expires: NOTARY PUBLIC �r;�� LEAN STOCKTON My COMMISSION #DD857438 H kXPIRES: FEB 02, 2013 �OF 0nder through tst State Insurance Contract - Fla Keys Healthy Start FY11.doc; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Florida Keys Outreach Effective Date:10/01/10 Coalition Expiration Date:9 30 11 Contract Purpose/Description: provides funding for services such as shelter, transitional housing, case management outreach, and referral for homeless persons in Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $30,000 Current Year Portion: $30,000 Budgeted? Yes® No ❑ Account Codes: 001-03206-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date n Division Director Risk Manag�mgnt �g��" !� O.M.B. Purchaasin gZ�,/� / 9' County Attorney -4-jw o Comments: CONTRACT REVIEW Changes Needed Yes❑ No[ Yes❑ N Date Out ■ • ��� �''�G%/1/ ill vi-iD rurrn Kevisea y/11/75 I-II,F' 4FL %0 ItK:4:�r�n This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and FLORIDA KEYS OUTREACH COALITION, INC., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of services such as shelter, transitional housing, case management, outreach, and referral for homeless persons in Monroe County to homeless individuals and families, and WHEREAS, it is a legitimate public purpose to provide facilities and services such as shelter, transitional housing, case management, outreach, and referral for homeless persons in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for homeless individuals and families for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND NOJ100 DOLLARS ($30,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total' of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each 2 shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel ' -this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): a IRS Letter of Determination indicating 501(c)(3) status; b List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; c Evidence of annual election of Officers and Directors; d Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; e IRS Form 990 from most recent fiscal year for all organizations; f Organization's Corporate Bylaws, which must- include the organization's mission, board and membership composition, and process for election of officers; g Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; h Specific description or list of services to be provided under this contract with this grant (see Attachment C); i Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. j Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. 3 k Cooperation with County monitoring visits that the County may request during the contract year; and I Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized. compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the -right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, pe1rcentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material 4 breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of- the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 5 ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 6 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Rev. Stephen E. Braddock, Executive Director Florida Keys Outreach Coalition, Inc. P O Box 4767 5503 College Road, Suite 211 Key West, FL 33040 305-293-0641 305-293-8276 FAX Monroe County Attorney PO Box 1026 Key West, FL33041. 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the 7 terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] M IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Outreach Coalition (Federal ID No gn President Contract - Fla Keys Outreach Coalition FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk W' ness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Outreach Coalition (Federal ID No: 65-0409898) Rev. Stephen E.;Braddock President ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered -all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check -amount. - If a Payroll Journal is not provided, the following information must be provided: pay period, - check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. f 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. 10 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 and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state == that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. 11 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 200 by who is personally known to me. Notary Public 12 Notary Stamp 13 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Transitional housing with supportive services for homeless individuals and families. BOCC awarded funds will be used toward the cost of case management, utilities, and insurance. 14 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." 15 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Florida Keys Outreach Coalition Inc. 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) Rev. Stephen E. Braddock, Ph. President & CEO Date: October 04, 2010 STATE OF FLORIDA COUNTY OF MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, Stephen E. Braddock who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 41h day of My commission expires: �/-/d/7— OMB - MCP FORM #4 16 /f. C , ut,") NOTARY PUBLIC ............................................. GINA PECORA 1�a �gx F/b44T Comm# DD0791804 s Expires 9/15/2012 Florida NotetyA. , W w....■...........................a...a...n..1 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Florida Keys Outreach Coalition_ Inc (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF FLORIDA —�—� (Signature of Respondent) COUNTY OF MONROE /° _ y�/ O Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Stephen E. Braddock who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this ih of _ C, 20,016. NOTARY PUBLIC 17 My commission expires: %/ GINA PECORA s`ttAYp� Comm# DD0791804 . � Expires 9/15/2012 V"6m4% Fbrida Notary Assn., Inc M1....................................8... a...; MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Good Health Clinic, Inc. Effective Date: 10/01/10 Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for health care services for disadvantaged persons in the Upper Keys area Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $40,000.00 Current Year Portion: $40,000.00 Budgeted? Yes® No ❑ Account Codes: 001- 03226-530340- - Grant: $0.00 _ _ ---- County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Da��e'�n Needed Rev' wer Division Director %¢�',�" 6 Yes[:]No❑ -' / /0 Risk Manager nt �(i) Yes❑ Non 0�e O.M.B./Purchasing-z9 �� Yes[:] No [ County Attorney --:� 10 Yes❑ Nod] l.�Ndltct0Jw-taX; Comments: vi•io Fulfil rccvi5eu 7/11/7J Ivil-F 4FL AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Good Health Clinic, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of health care services to disadvantaged residents in the Upper Keys area, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to health care for the disadvantaged residents in the Upper Keys area, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for health care for disadvantaged persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. Contract - Good Health Clinic FYI 1; page 1 RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract - Good Health Clinic FYI 1; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract - Good Health Clinic FYI 1; page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the Contract - Good Health Clinic FYI 1; page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract - Good Health Clinic FYI 1; page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Dr. Sanford Yankow, Executive Director The Good Health Clinic, Inc. 9155 Overseas Highway Tavernier, FL 33037 305-853-1788 305-852-1789 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract - Good Health Clinic FYI 1; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Good Health Clinic FYI1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By. Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Good Health Clinic, Inc. (Federal ID No M President Contract - Good Health Clinic FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 0 Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By, Mayor/Chairman Good Health Clinic, Inc. (Federal ID No. ) By President Contract - Good Health Clinic FYI 1; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Good Health Clinic FYI 1; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Good Health Clinic FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 sou rce. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200_ by, who is personally known to me. Notary Public Notary Stamp Contract - Good Health Clinic FYI 1; page 11 Services to be provided: ATTACHMENT C We provide free Primary and Specialty care, along with Hospitalization, Laboratory Testing and Medications to the qualified uninsured, indigent of the Upper Keys. Contract - Good Health Clinic FYI I; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Good Health Clinic FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE AJ � a R-�� cl%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. _ re) Date: / 2'3 / ( 0 STATE OF 1" ( 0 �~r � to COUNTY OFt,� 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 a`t'� day of r 20) L?. N ARY PUBLIC My commission expires: OMB - MCP FORM #4 aY G Y z't; B! 1C ATE OF FLORIDA Norma J. Anderson '",000rrmission #DD726914 Exglires: OCT. 21, 2011 BONDED nIFU ATLANTIC BONDING CO., INC. Contract - Good Health Clinic FY11; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: t n l L (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify thatthis firm co lies fully with the -- above requirements. STATE OF P t 0 6 D A COUNTY OF Mori ro < _ ( ignatureQ % es�pondent) Date PERSONALLY APPEARED BEF RE ME, the undersigned authority, ho, after first being sworn by me, (name of individual signing) affixed his/her/signature in the space provided above on this day of 2000 d 't NOTARY PUBL Contract - Good Health Clinic FYI 1; page 15 My commission expires: NOTARY PLBL?c-STATE OF FLORMA Norma J. Anderson cammissian #DD726914 ,° Expires: oCI'. 21, 2011 BONDED THRU ATLAP+" nC go v'DING Co., INC. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Grace Jones Community Effective Date: 10 Ol 10 Day Care Center Expiration Date: 9 30 11 Contract Purpose/Description: provides funding to The Grace Jones Community Day Care Center for its "Back Packs 4 Kids" program to provide food items to disadvantaged children Contract Manager: Lisa Tennyson (Name) for BOCC meetinq on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00 Budgeted? Yes® No ❑ Account Codes: 001- 03224-530340- - Grant: $0.00 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 D e/ I�n Needed Rev ewer Division Director lC���" Yes❑ No©--" Q �S— /U Risk Manageingnt Yes❑ No O.M.B./Purchasing Yes[:] No (t' �Tlrn County Attorney tflW110 Yes❑ No[�( L�Wt�=c12J ,•� � t „4 "10 Comments: UI ID rUTTTI KeV15eQ y/ 11/`J.-) lvlI,J' AFL AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Grace Jones Community Day Care Center, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to provide educational and nutritional services to disadvantaged children in Monroe County. WHEREAS, it is a legitimate public purpose to provide facilities and services related to the provision of educational and nutritional services to disadvantaged children. follows: IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services related to provision of educational and nutritional services to disadvantaged children in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING Contract%20-%20Grace%20Jones%20Community%20Day%20Care%20Center-FYI 1[1]; page 1 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Contract%20-%20Grace%20Jones%20Community%20Dayl.20Care%20Center-FY11(1]; page 2 Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. IS. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as Contract%20-%20Grace%20Jones%20Community%20Day'lo20Care%20Center-FY11[1]; page 3 amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES Contract%20-%20Grace%20Jones%20Community%20Day'20Care%20Center-FY11[1]; page 4 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Ardie Banks, Co -President Grace )ones Community Center 230 41st Street Contract%20-%20Grace%20Jones%20Community%20Day%20Care%20Center-FY11fil page Marathon, FL 33050 305-743-6064 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract%20-%20Grace%20Jones%20Community'020Day'l20Care%20Center-FY11[1j, page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By, Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Grace Jones Community Day Care Center, Inc. (Federal ID No. By 9//35/ 10 President Contract - Grace Jones Community Day Care Center-FYI1 page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 3 Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 Mayor/Chairman Grace Jones Community Day Care Center, Inc. (Federal ID No.59 - aL- 629 -7& 1 By Go ..President Contract%20-%2OGrace%20Jones%20Community%20Day'lo20Care%20Center-FYI 1[1]; page 7 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. 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. Contract%20-%20Grace%20Jones%20Community'020Day'l20Care%20Center-FY91[1]; page 8 Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract'l20-%20Grace%20Jones%20Community'o20Day'o20Care%20Center-FY11[1]; page 9 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 200_ by personally known to me. Notary Public Notary Stamp who is Contract%20-%20Grace%20Jones%20Community%20Day%20Care%20Center-FY11[1]; page 10 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." Contract%20-%20Grace%20Jones%20Community020Day%20Care%20Center-FY11[1]; page 12 Services to be provided: (Insert a description of your organization including a list of tl organization under this contract.) ATTACHMENT C that will be provided by your The Grace Jones Ccmmur�ty Center, Inc. is organized exclusively for charitable and educational purposes, more specifically to provide quality education, while nurturing a child's body, mind and spirit. While the parents of working poor families in the Middle Keys balance two and sometimes even three jobs just to survive, the Grace Jones Community Day Care Center provides what the State of Florida says is the highest level of affordable day care and elementary education, including skill -based development, meals, and a secure environment for at -risk children with various disadvantages. These disadvantages typically include delayed development, isolation, and neglect. Today, the Grace Jones Community Center is one of the finest day care centers in the entire United States serving the children of one hundred (100) working poor families in the Florida Keys who are the essence of our service, construction, tourism, and fishing economy. Beginning last year, and with financial support from HSAB, the Monroe County Sheriff, and the greater Marathon community, the Grace Jones Community Day Care Center initiated a bold new childhood hunger program called Back Packs 4 Kids. A national model carried out in hundreds of U.S. communities (although no where else in Monroe County), Back Packs 4 Kids is designed to address weekend and holiday hunger by providing eligible children with up to ten (10) pounds of kid friendly food for their own and their siblings consumption. 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/iys behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 dr any County officer or employee in violation of Section 3 of Ordinance No. 10- 1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Date: STATE OF H COUNTY OF rnavv�0�� (signature) PERSONALLY APPEARED BEFORE ME, the undersigned authority, 'QPk_c- & ,kC who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this Z g /A day of 20 In NOTA PUBLIC My commission expires: C iD 746434 OMB - MCP FORM #4 ,. Af Contract%20-%20Grace%20Jones%20Community'o20Day'020Care%20Center-FY11[1]; page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF _ F" t . COUNTY OF (Sign/ature%of Respondent) 9l Lgt'0 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this g� day�� of , 20d a, NOTARY PUBLIC My commission expires: ROBIN RMi( EMAM Cott DO 746434 - E*W MlqO 8, 2012 Contract%20-%2OGrace%2OJones%2OCommunity'02ODay'02OCare%2OCenter-FY11[1]; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract: Guidance/Care Center Inc. Effective Date: 10/0 1 /10 Expiration Date:9/30/11 Contract Purpose/Description: provide funding for various mental health substance abuse and transportation services in Monroe Count Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) da Deadline: CONTRACT COSTS Total Dollar Value of Contract: $1,060,520 Current Year Portion: $1,060,520.00 Budgeted? Yes® No ❑ Account Codes: 001-03230-530340- 600,000.00 -<- Grant: $0.00 001-01509-530340-_ 30.148.00 County Match: $ 001-01526-530340- 69,177.00'' 001-01508-530340- 215,195.00 J 001- 01535-530340- 146.000.00 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance utilities janitorial, salaries etc CONTRACT REVIEW Changes*,Reiewer Date Out Da I NeededDivision Director l/�Yes❑ No%� `'6 Risk Managnt 0� (> Yes❑ No' 6 (�O.M.B./Pur�asin I"����`� Yes N1g ❑ o 1E CO County Attorney 3DIfD Yes❑ No® Comments: 1111Arf vivo+ I v1111 ixcvlJvu A/ I 1/,JJ Iv[%Jr fhL This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and the GUIDANCE/CARE CENTER, INC., hereinafter referred to as "Provider." WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board contracts for services from the Provider for the rendering of mental health services, including Baker Act transportation services, to the citizens of Monroe County, Florida, and WHEREAS, the Board is vested and charged with certain duties and responsibilities relating to the mental health and guidance of the citizens of Monroe County, and WHEREAS, such services have been rendered by the Provider in the past and have been invaluable to the citizens of the County, and WHEREAS, it is proper and fitting to enter into an agreement for services to be rendered in the forthcoming fiscal year 2010-2011, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING I. AMOUNT OF AGREEMENT The Board, in consideration of the Provider substantially and satisfactorily performing and carrying out the duties and obligations of the Board, shall reimburse the Provider for a portion of the Provider's expenditures for Baker Act hospital, physician and crisis stabilization services, as billed by the Provider, for clients qualifying for such services under applicable state and federal regulations and eligibility determination procedures, and for Baker Act transportation services, non -Baker Act mental health services and substance abuse treatment. This cost shall not exceed a total reimbursement of ONE MILLION SIXTY THOUSAND FIVE HUNDRED TWENTY AND NO/100 DOLLARS ($1,060,520.00), during the fiscal year 2011, payable as follows: a) the sum of THREE HUNDRED SIXTY ONE THOUSAND ONE HUNDRED NINETY FIVE AND NO/100 DOLLARS ($361,195.00) for mental health services, including detoxification, long- term substance abuse treatment, and long-term psychiatric treatment services, crisis stabilization, community mental health and substance abuse services, and Baker Act/Marchman Act transportation services. b) the sum of SIX HUNDRED THOUSAND AND NO/100 DOLLARS ($600,000.00) for residential services and mental health and substance abuse services, such as screening and assessment, information and referral, outreach, prevention, intervention, counseling and therapy, psychiatric services, aftercare, supportive housing, and psychosocial rehabilitation. c) the sum of THIRTY THOUSAND, ONE HUNDRED, FORTY-EIGHT, AND NO/100 DOLLARS ($30,148.00) for Community Transportation Coordinator related services. d) the sum of SIXTY-NINE THOUSAND, ONE HUNDRED, SEVENTY-SEVEN, AND NO/100 DOLLARS ($69,177.00) for Keys to Recovery residential treatment services. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. Guidance Caro Center FYI 1; page 1 3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Baker Act Billing Summary Forms, certified monthly financial and service load reports will be made available to the Board to validate the delivery of services under this contract. The monthly financial report is due in the office of the Clerk of the Board no later than the 15th day of the following month. Payment for Baker Act and Marchman Act transportation services shall be made according to the rate schedule set forth in Attachment D, subject to the maximum amounts set forth in Paragraph 1. a. above. After the Clerk of the Board pre -audits the certified report, the Board shall reimburse the Provider for its monthly expenses. However, the total of said monthly payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. To preserve client confidentiality required by law, copies of individual client bills and records shall not be available to the Board for reimbursement purposes but shall be made available only under controlled conditions to qualified auditors for audit purposes. The organization's final invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. Payment for services other than Baker Act will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by Guidance Care Center FYI 1; page 2 this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES The Provider, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board in rendering counsel in the matter of mental health and guidance to the citizens of the Monroe County, Florida. The Provider shall provide these services in compliance with Florida Statutes Chapter 394. Baker Act and Marchman Act transportation services which are covered under this agreement may be subcontracted, but are subject to the rates set forth in Attachment D, and the limitations above. The subcontractor shall be subject to all of the conditions of this contract, including but not limited to insurance and hold -harmless requirements, as is the Provider. Guidance Care Center FYI 1; page 3 11. ACCESS TO FUELING FACILITIES. The County shall provide access to the Provider's vehicles at all County fueling facilities. The County shall grant the Provider a license for the use of the real property and its improvements for each fueling site. The Provider agrees that only those individuals authorized by the County to use the fueling sites designated in this agreement shall have twenty-four hour access to said sites, and that they shall either be maintained open or access otherwise provided to them by a uniform key system on such a twenty-four hour basis. The County shall bill the Provider for fueling and other related services and materials utilized by the Provider at the fueling sites within the County's immediate control and as previously set forth in this agreement. Said billing by the County to the Provider shall include an administrative surcharge, as adopted by the Monroe County Board of County Commissioners annually, for processing, servicing, and handling. The Provider shall reimburse the County within thirty (30) days of the date of issuance of the bill. Access to the Fuel Sentry System shall be provided by an electronic memory key, which shall be issued by the County to all authorized designated users of the fueling sites, and as contemplated by this Agreement. For purposes of uniformity, the Monroe County Fleet Management Department shall be responsible for establishing a uniform electronic key system for use by both the County and the Provider under this agreement, and shall establish and maintain policies and procedures for identification, control, and distribution of all keys issued. 12. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 13. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 14. 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. 15. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement Guidance Care Center FY11; page 4 contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 17. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 18. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 19. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 20. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 21. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Guidance Care Center FYI 1; page 5 22. 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 PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 23. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 25. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 26. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 27. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 28. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 29. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. Guidance Care Center FYI 1; page 6 30. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 31. 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. 32. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 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. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Jamie Pipher, Regional Vice -President Guidance/Care Center Inc. 3000 41st Street Marathon, Florida 33050 35. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Guidance Care Center FYI 1; page 7 The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 36. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 37. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 38. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By. Deputy Clerk Witness Witness By Mayor/Chairman GUIDANCE/CARE CENTER, INC. (Federal ID No. By President Guidance Care Center FYI 1; page 8 The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 36. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 37. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 38. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman GUIDANCE/CARE CENTER, INC. (Federal ID No.Q) By President Guidance Care Center FY11; page 8 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 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." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Guidance Care Center FYI 1; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Guidance Care Center FYI 1; page 10 ATTACHMENT 8 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 200 by who is personally known to me. Notary Public Notary Stamp Guidance Care Center FYI 1; page 11 ATTACHMENT C Insert a list of the services that will be provided by your organization under this contract. Baker Act transportation services, non -Baker Act mental health services and substance abuse treatment, mental health services, including detoxification, long-term substance abuse treatment, and long-term psychiatric treatment services, crisis stabilization, community mental health and substance abuse services, Baker Act/Marchman Act transportation services, residential services and mental health and substance abuse services, such as screening and assessment, information and referral, outreach, prevention, intervention, counseling and therapy, psychiatric services, aftercare, supportive housing, and psychosocial rehabilitation, Community Transportation Coordinator related services and Keys to Recovery residential treatment services. Guidance Care Center FYI 1; page 12 ATTACHMENT D Attachment D, copy of subcontract for Baker Act Transportation services, will be submitted for Commission approval at a later date. No Baker Act Transportation invoices will be paid until Attachment D is approved. Guidance Care Center FYI 1; page 13 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." Guidance Care Center FYI 1; page 14 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ET S CLAUSE i warrants that he/it has not employed, retained or other ise had act on is/its behalf any former County officer or employee in violation of Section 2 of Ord1 ance 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: -1 C) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, E a/4 4ir l00h_f-1K who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 7:S: d •L 3 �,�' , 200. Ndt&lkY PUBLIC My commission expires: OMB - MCP FORM #4 "W'P''., AWN M. MARTU'RA NO 4 Notary public -State of Florida 's' •e My Comm. Expires Jun 5, 2013 � lots Commission # DD 894819 Bonded Through National Notary Assn. Guidance Care Center FYI 1; page 15 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement I certify that this firm complies fully with the above requirements. STATE OF (Signature of Respondent) COUNTY OF )jA,®,U12Of _ b Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, AiM)� �d A who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this �t-.1 — day of 200q. My commission expires: Notary Public AIMY M. MARTURANO +� Notary Public - State of Florida • i My Comm. Expires Jun 5, 2013 CommissW # DO 894819 ', `'''•° rkoded Through Ronal Notary Assn, Guidance Care Center FYI 1; page 16 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract: Guidance/Care Center Inc. Effective Date: 10/01/10 Expiration Date:9/30/11 Contract Purpose/Description: provide fundin4 for a residential substance abuse treatment program for female inmates at the Monroe Detention Center. Contract Manager: Lisa Tennyson (Name) for BOCC meetino on 4444 OMB/Grants (Ext.) (Department) nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $22,250 Current Year Portion:$22,250 Budgeted? Yes® No ❑ Account Code: Iwo- S(o It) a p Grant: $0.00 County Match: $ Estimated Ongoing Costs: $ /yr (Not included in dollar value above) ADDITIONAL COSTS For: maintenance, util etc. CONTRACT REVIEW Changes Date Out Needed Revi e ��y "� Division Director / D Yes❑ No /I/„' �(�1 Risk Manag m nt 1� Yes❑ No❑ L� O.M.B./Purc asing Yes[] No — ICU County Attorney '4f 3DJ1p Yes❑ NoV � Rio , ; . Aj - Comments: OMR Form Ravicari air 1 ror RAFE 4T) AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and the GUIDANCE/CARE CENTER, INC., hereinafter referred to as "Provider." WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board contracts for services from the Provider for the rendering of a residential substance abuse treatment program for female inmates of the Monroe County Detention Center, and WHEREAS, such services have been rendered by the Provider in the past and have been invaluable to the citizens of the County, and WHEREAS, it is proper and fitting to enter into an agreement for services to be rendered in the forthcoming fiscal year 2010-2011, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing a residential substance abuse treatment program for female inmates of the Monroe Detention Center, shall pay to the PROVIDER the sum of TWENTY TWO THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($22,500.00) as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund, for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. Guidance Care Center-DATF-FY11; page 1 S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and Guidance Care Center -DATF-FYI I; page 2 (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The Provider, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board in rendering counsel in the matter of mental health and guidance to the citizens of the Monroe County, Florida. The Provider shall provide these services in compliance with Florida Statutes Chapter 394. Baker Act and Marchman Act transportation services which are covered under this agreement may be subcontracted, but are subject to the rates set forth in Attachment D, and the limitations above. The subcontractor shall be subject to all of the conditions of this contract, including but not limited to insurance and hold -harmless requirements, as is the Provider. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. Guidance Care Center -DATF-FY11; page 3 COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 Guidance Care Center-DATF-FY11; page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe Guidance Care Center-DATF-FY11; page 5 County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, 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 PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Jamie Pipher, Regional Vice -President Guidance/Care Center Inc. 3000 41st Street Marathon, Florida 33050 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Guidance Care Center-DATF-FY11; page 6 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman GUIDANCE/CARE CENTER, INC. (Federal ID No By President Guidance Care Center-DATF-FY11; page 7 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 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." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Guidance Care Center-DATF-FY11; page 8 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 reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Guidance Care Center-DATF-FY11; page 9 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 200 by who is personally known to me. Notary Public Notary Stamp Guidance Care Center-DATF-FY11; page 10 ATTACHMENT C Insert a list of the services that will be provided by your organization under this contract. Guidance Care Center-DATF-FY11; page 11 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." Guidance Care Center-DATF-FY11; page 12 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. Date: STATE OF COUNTY OF (signature) 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 Guidance Care Center-DATF-FY11; page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF COUNTY OF (Signature of Respondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of Notary Public 200. My commission expires: Guidance Care Center-DATF-FY11; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Helpline Effective Date: 10/01/10 Expiration Date: 09/30/11 Contract Purpose/Description: provides funding for crisis intervention and referral services Contract Manager: Lisa Tennyson (Name) for BOCC meetinq on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $4,000.00 Current Year Portion: $4,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03200-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_Jyr. For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW D e In Division Director /L1 d Changes Needed Yes❑ No Date Out Revi wer Risk Manag m nt {tJf Yes❑ No�_`� (� O.M.B. %� fzflz) Pur`t'fia i / s ng Yes❑ No uL� County Attorney~ Yes❑ NoV) Comments: 0MR Gnrm Dc,.,C—A n/1 I inr •e—n AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Helpline, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of crisis intervention and information and referral services, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to crisis intervention and information and referral services, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for crisis intervention and referral services for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract- Helpkne FYI 1.doc; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract- Helpkne FY11.doc, page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1S. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. Contract - Helone FYI 1,doc; page 3 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. AD3UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be vvr nr aa.a - r rc Yanv r � r.wa,, Nvyc Y incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County Contract- Helpkne FYI 1.cbc; page 5 and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Lou Hernandez, Executive Director Helpline, Inc. P O Box 2186 1623 Spalding Court, #4 Key West, FL 33040 305-292-8445 305-292-8447 FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining Contract- Helpine FY11.doc; page 6 terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Helpkne FYI 1.abc; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Helpline, Inc. (Federal ID No By Mayor/Chairman President Contract - Helpline FYI I; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk L?� Witness f-� Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Helpline, Inc. (Federal °J q— 21763 /qID President Contract- Helpkne FYI 1.doc; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. Contract- Heto#ne FYI 1.doc part& 9 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 and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 P.M. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Hetpkne FY11.doq- page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX,X 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total ".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) $ 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 200 by who is personally known to me. Notary Public Notary Stamp Contract - Helpkne FY11.doc; page 11 �("i fZ g ���ti�it`� u �! �f ' P.O. Box 2186 1Sf_Y WtSr, r1.0R117A 33045-2186 305-292-8445 % VAX- 305-292-8447 WWVV- KEYS H L€.E'LlNt_OK ; Attachment C: Statement of Service HELPLINE, Inc. is Monroe County's only confidential telephone crisis and information hotline, providing 24- hour crisis intervention, education, information, referral, and telephone reassurance services. HELPLINE was founded as a non-profit agency by the Zonta Club of Key West, a service organization of executive women, who saw a need for a crisis hotline in the community. The phones became operational on June15, 1982, and in its first year of service there were 3,033 telephone contacts. The telephone reassurance program for elderly and homebound residents was started in 1983. HELPLINE's official mission is: Provide confidential and anonymous crisis intervention, education, and information and referral services to the residents and visitors of Monroe County and the homeless. Provide telephone reassurance to the elderly and disabled. HELPLINE was awarded a grant from the Alliance for Aging in October 2001 to provide Family Caregiver Training and Support Group services to the residents of Monroe County. This funding from the Florida Department of Elder affairs allows us to offer these services free of charge to all qualifying residents throughout the Florida Keys. HELPLINE partnered with the Florida Keys Area Health Education Center in 2008 to provide an evidence -based program entitled Matter of Balance, which imparts seniors with the necessary tools to prevent falls, overcome the negative social implications associated with the fear of falling, and how to lead a healthier life. HELPLINE's services are free and confidential. Phones are answered by volunteers who undergo intensive classroom education and on the job training. HELPLINE serves as the answering service for NAMI (National Alliance for the Mentally Ill), the Lower Keys Interagency Council, Zonta, Alcoholics Anonymous and Alanon, and provides referrals to the County Mental Health Programs, Domestic Abuse Shelters and The Florida Keys Outreach Coalition. HELPLINE is monitored by the Department of Children & Families, The Florida Attorney General's Office, and the Florida Department of Elder Affairs through the Alliance for Aging, Miami -Dade and Monroe Counties. In our Senior Telephone Reassurance Program we depend on referrals from other social service organizations and current clients, as well as general community outreach to our elder population. HELPLINE's services are made possible by the dedication and commitment of our volunteers and the support of people like you. But nothing remains constant for long and as the needs of our diverse community change so must we. One thing however will always remain: HELPLINE's commitment to make life better for all people and provide the best service possible to those in need of help. t�CHILDREN & FAMt1.fEs dI) eIJ[6Zk.`A L. 1 C7'>T 'i�>_Ff r?' •' l'7'F� „r t 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." Contract- Helprine FYI 1.doc; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE �lt�C a f A J ,9- Aj [I e 2, 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: /0/0 / / 0 STATE OF Fb f) P COUNTY OF M 0-Y)beil PERSONALLY APPEARED BEFORE ME, the undersigned authority, ��.% �e✓►�«�� eZ who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this L day of 20A Q . ZXMI A& ZLI-41 A Y PUBLIC My commission expires: OMB - MCP FORM #4 "..,,•••y TRACY MARIE TAYLOR 1�1 Notary P011C - stele of Awida ' My Comm. Expires den 15, 2013 Commission IF 00 952202 '" t1 MW ThMUO 11411 ns! WXY Assn. Contract- Help#ne FYI 1.doc; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation1 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. STATE OF 0Pf p COUNTY OF "00 f) (Signature of Respondent) ro /o/ //o Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, L who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this S� day of (5 C,1e,>6 9- v- , 2000 . XZ9"7 IV44- My commission expires: NOTARY BLIC rr''i"Y,,••,4 TRACY MARIE TAY ,* Notary P*k • Stab of[] ' My Comm- EXI**S Jan C" nitaton # DD d5 Contract - Helpkne FYI t.doc, page 15 „�IdM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Hospice of the Florida Effective Date: 10 01 10 Keys Expiration Date:9 30 11 Contract Purpose/Description: provides funding for medical, psychological physical and social needs of terminally ill persons and their families in Monroe County Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) ends Deadline: CONTRACT COSTS Total Dollar Value of Contract: $145,000.00 Current Year Portion: $145,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03202-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. ) D e In Division Director /6�5d Risk Managem t O.M.B. Purcha"sin / g County Attorney 'W(t) Comments: CONTRACT REVIEW • Out .-• I - *-Revi, r- z;6 No • YesF1 • 4'1 Cha Ne Yes❑ Yes❑ Yes❑ vriv rviui rceviseu 7/11/7J MI V $L AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and HOSPICE OF THE FLORIDA KEYS, INC., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of home health care, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to home health care, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: iUZU134irr 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for home health care for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED, FORTY-FIVE THOUSAND AND NO/100 DOLLARS ($145,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1 above during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Hospice VNA of the Florida Keys FYI (2); page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract - Hospice VNA of the Florida Keys FY11 (2); page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court Contract - Hospice VNA of the Florida Keys FY11 (2); page 3 order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. Contract - Hospice VNA of the Florida Keys FYI (2); page 4 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract - Hospice VNA of the Florida Keys FY11 (2); page 5 GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Liz Kern, Chief Executive Officer Hospice of the Florida Keys, Inc. 1319 William St. Key West, FL 33040 305-294-8812 305-294-9348 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - Hospice VNA of the Florida Keys FY11 (2); page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Hospice VIVA of the Florida Keys FYI (2); page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Hospice of the Florida Keys, Inc. (Federal ID No. By President Contract - Hospice VNA of the Florida Keys FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Hospice of the Florida Keys, Inc. (Federal ID No. -- 9 - 9 6AY ) By Presi en Contract - Hospice VNA of the Florida Keys FY11 (2); page 8 �Tll�i[�I'.1'u 1 � ► � �1 Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Hospice VNA of the Florida Keys FY11 (2); page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Hospice VNA of the Florida Keys FYI (2); page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (_Organization name) for the time period of to Check # Payee Reason Amount 101 102 Company A Rent Company B Utilities $ X,XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 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 who is personally known to me. Notary Public Contract - Hospice VNA of the Florida Keys FYI (2); page 11 day of 200_ by Notary Stamp ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Services requested to be funded are those hospice and home health services requiring professional medical and personal care — approximately 9% of the salary, benefit and tax expense for the direct service clinical staff (i.e. registered nurses, home health aides, certified nursing assistants, social workers and rehabilitation staff) who care for indigent and medically needy patients — where there is either no payor source or a source paying only partial cost of care (such as Medicaid). Contract — Hospice VNA of the Florida Keys FY 11 (2); page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Hospice VNA of the Florida Keys FYI (2); page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 4 � ��� - S �/ �'� warrants that he/it has not employed, retained or otherwise hhaa act on hi //its behalf an 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: � '� 42 dill-) STATE OF COUNTY OF P R�ONAL Y APPEARED BEFORE ME, the undersigned authority, —�& 1/1 - who, after first being sworn by me, affixed his/her sig atureft(name of individual signing) in the space provided above on day of g6`` 20ID. My commission expires: Ser Q c� OMB - MCP FORM #4 "�s YANISLEIDIS ROORIC,UEZ - Notary Publk . • ; ' State Of Florida MY Comm. Expires Sep 20, 2013 Commission # 00 926610 Bonded Throu gh Nate NOluY Assn,, Contract - Hospice VNA of the Florida Keys FYI (2); page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 'L orz d� (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF COUNTY OF 1 (Signatu e o Respondent) ate PE SON LLY A PEA?7qf BEFORE ME, the undersigned authority, C_�nl ,-� 6 ! Jo who, after first being sworn by me, (name of inc 'i')vidual signing) affixed his/her si nature in the space provided above on this d of I tP f— Contract - Hospice VNA of the Florida Keys FYI (2); page 15 My commission expires f D 0) 0 L-;5 ------- •rP''•., YANISLEIDIS RODRIGUEZ Notary Public - State of Florida • My Comm. Expires Sep 20, 2013 Commission # DO 926610 •'F° «`� Bonded Through National Notary Assn. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Independence Ca y Effective Date: 10 01 10 Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for a community soup kitchen and transitional housing program and referrals to support services Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $_15,000.00 Current Year Portion: $_15,000.00 Budgeted? Yes® No ❑ Account Codes: 001- 03247-530340- - Grant: $0.00 County Match: $ Estimated Ongoing Costs: $ ADDITIONAL COSTS _Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW DVen Director /�O Changes Needed Yes❑ No Date Out vieDivision Risk Manage nt ����(� Yes❑ No[� O.M.B./Pur asin Yes[] No� `r County Attorney � 30 V Yes❑ No® Comments: OMB Form RPvicPri a/i I / acz mr-o 4-) AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Independence Cay, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to provide a community soup kitchen, transitional housing program and referrals to support services in Monroe County. WHEREAS, it is a legitimate public purpose to provide facilities and services related to the provision of a soup kitchen, transitional housing and referrals to support services. follows: IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services related to provision of a soup kitchen, transitional housing program and referrals to support services in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING Contract - Independence Cay Inc FYI 1; page 1 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Contract - Independence Cay Inc FYI I; page 2 Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1S. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as Contract - Independence Cay Inc FY11; page 3 amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. A113.7UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES Contract - Independence Cay Inc FYI 1; page 4 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Debra Andrew Maconaughey, President Independence Cay, Inc. 1669 Overseas Highway Contract - Independence Cay Inc FYI 1; page 5 Monroe County Attorney PO Box 1026 Key West, FL 33041 Marathon, FL 33050 305-743-3212 or 305-481-6910 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILM. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Independence Cay Inc FYI 1; page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness n BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Independence Cay, Inc. (Federal ID No By President Contract - Independence Cay Inc FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 0 Deputy Clerk Witne Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA E Mayor/Chairman Independence Cay, Inc. (FE Contract - Independence Cay Inc FYI 1 page 7 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attaches and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. 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. Contract - Independence Cay Inc FYI I, page 8 Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Independence Cay Inc FYI I,- page 9 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 102 Company B Utilities $ X,XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX —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 Balance of contract (D-C) $ X,XXX.XX 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 personally known to me. Notary Public day of 200_ by Notary Stamp who is Contract - Independence Cay Inc FYI 1, page 10 Services to be provided: ATTACHMENT C (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) rat GLUE{ ki tS (k `��� ��J(3 J P� J+ t,4�— 1 11 Pt-,, 5 �D��✓ �� 0,wrAe,[ �-/ e '[sn111, ads %►)�C-( U 1,U ,F Pkh--, ► V urr\, P Contract - Independence Cay Inc FYI I; page I I 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." Contract - Independence Cay Inc FYI 1, page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE d•c iilfii warrants that he/it has not employed, retained or otherwise had act on his/its beha ny f rmer County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County o icer 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, g r orconsiation paid to the former County officer or employee. �/ j (signature) Date: / 1'r? •: t STATE OF�()(�� COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, �A(-L who, after first being sworn by me, f rafixed/her signature (name of individual signing) in the space provid d above on this `4 day of 20 lO / TARY PUBLIC My commission expires: USALCASSEL Notary pim wo 01801 FLAI MY NW.18, 2ft 012 OMB - MCP FORM #4 Contract - Independence Cay Inc FYI 1, page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Busin 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no►o contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certi t at i irm co ies fully with the above requirements. STATE OF (—: I & i'i (Si natufeof Respondent) COUNTY OF I 0-1 C ate PERSONALLY APPEARED BEFORE ME, the undersigned authority, VA«Y,- (Y�0-00I\0_jcj �041 who, after first being sworn by me, (name of individual signing) affixe his her signature in the space provided above on this day of 209) My commission expires: NOTARY PUBLIC 11 ow - ' com MAy ooaim axpk� Nw.18, 2012 Contract - Independence Cay Inc FYI 1; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Keys Area Interdenominational Resources CONTRACT SUMMARY Contract # Effective Date: 10 01 10 Expiration Date: 9 30 10 Contract Purpose/Description: provides funding for assistive services for disadvantaged residents of Monroe County Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on 10 20 10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: 115,000.00 Current Year Portion: $15,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03243-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $__/yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Needec In Division Director / Yes❑ No[ Risk Managem nt �(� Yes❑ No[ O.M.B. Purccasin / g Yes[]No� County Attorney :1-/i14Z Yes❑ NoF] Comments: nmR Fnrm Do.A-4 nil i inc hewn Date Out AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Keys Area Interdenominational Resources, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of assistive services for disadvantaged residents, and WHEREAS, it is a legitimate public purpose to provide facilities and services for assistive services for disadvantaged residents in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for assistive services for disadvantaged persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTEEN THOUSAND AND NO/100 ($15,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - KAIR FY11; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract - KAIR FY11; page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court Contract - K41R FY11; page 3 order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - KAIR FY11; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract - KAIR FYI1; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Marjorie Roberts, Executive Director Keys Area Interdenominational Resources (KAIR) 3010 Overseas Highway Marathon, FL 33050 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - KAIR FY11; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - KAIR FYI1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Keys Area Interdenominational Resources, Inc. (Federal ID No By President Contract - KAIR FY11; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - KAIR FY11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - KAIR FYI1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 200_ by who is personally known to me. Notary Public Notary Stamp Contract - KAIR FYI1; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Contract - KAIR FY11; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - KAIR FYI1; page 13 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. Date: STATE OF COUNTY OF (signature) 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 My commission expires: OMB - MCP FORM #4 NOTARY PUBLIC Contract - KAIR FY11; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF COUNTY OF (Signature of Respondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of NOTARY PUBLIC 200. My commission expires: Contract - KAIR FY11; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Literacy Volunteers of Effective Date: 10/01/10 America - Monroe County, Inc. Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for literacy training of citizens of Monroe County Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $4,000.00 Current Year Portion: $4,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03205-530340- - Grant: $0.00 - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Chang Neede, teIn Division Director /(� Yes❑ No Risk Management �� 61 Yes❑ No O.M.B./Purchasing Yes❑ No' Comments: OMB Form Revised 9/11/95 MCP #2 Is Date Out Re�vt �erl 4SI; AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Literacy Volunteers of America - Monroe County, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of literacy training, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to literacy training, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for literacy training for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) for fiscal year 2010- 2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Literacy Volunteers FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. U) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract - Literacy Volunteers FYI 1; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. Contract - Literacy Volunteers FYI I, page 3 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be Contract - Literacy Volunteers FYI 1; page 4 incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee Contract - Literacy Volunteers FYI 1; page 5 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. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Literacy Volunteers of America - Monroe County, Inc. Mary Casanova, Executive Director 1400 United St, #404 Key West, FL 33040 305-294-4352 305-296-1337 FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace Contract - Literacy Volunteers FY11; page 6 any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Literacy Volunteers FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Literacy Volunteers of America - Monroe County, Inc. (Federal ID No. ) By President Contract - Literacy Volunteers FY11; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Literacy Volunteers of America - Monroe County, Inc. (Federal ID No. � � �/ C 0 2) gy Presiden ecutive Director Contract - Literacy Volunteers FYI 1; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Literacy Volunteers FY11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Literacy Volunteers FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 who is personally known to me. Notary Public Notary Stamp 200_ by Contract - Literacy Volunteers FYI 1; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Literacy Volunteers of America (LVA) - Monroe County, Inc., provides free, confidential, one-to-one and small group tutoring in Basic Reading, Writing and Conversational English. Our clients are Monroe County residents who read and write at the grade 0 - grade 5.5 level and/or who are limited English proficient, needing help with understanding and communicating in English. LVA volunteers help our clients attain personal goals through increased literacy skills. Student goals include: • Improving reading and writing skills for personal satisfaction • Improving English communication skills • Improving employability skills • Obtaining employment or a better job • Learning to communicate in English to one's children's teachers • Obtaining a driver's license • Registering to vote • Obtaining U.S. Citizenship • Achieving self sufficiency Contract - Literacy Volunteers FYI 1; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Literacy Volunteers FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE lU n e -� warrants that he/it has not employed, retained or erwise h d 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 officgr-,or employee. signature) �} Date: Cam' STATE OF COUNTY OF l �( PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her Sig ature (name of individual Sig79. )in the space provided above on this day of 20 COMMONWEALTtf trr - NOTARY PUBLIC My commission expires: Thomas P. HN uunnkeleNoitaryy Public Penn om ills TwpAllegheny Coun MY mision Gpirp_ ,an. 22, 20% OMB - MCP FORM #4 Contract - Literacy Volunteers FYI 1; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in cordance with Florida Statute 287.087 hereby certifies that: L"i u- 1 Lt n teevis o, LM (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the state above requirem ts. STATE OF COUNTY OF I certify that this firm complies fully with the (Sign a Respondent ���f -0 '41) : c Date PERSONPLY APPEARF15 BEFORE ME, the undersigned authority, pn L� (0 h �n � who, after first being sworn by me, (name of individual signi g) affixe his/her signature in the space provided above on this day of , 2046 . My commission expires: NOTARY PUBLIC COMMONWEALTH or Notarial Seal Thomas P. Huhkele, Notary Public Penn Hills Twp. - A1tecghw4 County My Commision E'xplm-r,,in. 22,20 3 Contract - Literacy Volunteers FYI 1; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Monroe Association for Effective Date: 10/01/10 Retarded Citizens, Inc. Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for services for retarded citizens of Monroe County Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on 10 20 10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $145,00.00 Current Year Portion: $145,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03232-530340- - Grant: $0.00 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 Da e n Needed Revi r Division Director /10/ 0 Yes❑ No 4*d Risk Managem nt ( _(� Yes[]Now (� 0 O.M.B. Purchasin Q'�� / g Yes❑ Nd� County Attorney 4- l Yes❑ No® Comments: 1 umb rorm Kevisea y/11/y5 MC:N #L AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Monroe Association for Retarded Citizens (MARC), Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of services for mentally retarded citizens, and WHEREAS, it is a legitimate public purpose to provide services for mentally retarded citizens, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing services for mentally retarded citizens living in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED, FORTY-FIVE THOUSAND AND NO/100 DOLLARS ($145,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - MARC FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract - MARC FYI 1; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract - MARC FY11; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the Contract - MARC FY11; page 4 provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular Contract - MARC FYI 1; page 5 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. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Monroe Association for Retarded Citizens, Inc. Diana Flenard, Executive Director P.O. Box 428 Key West, FL 33041-0428 305-294-9526 305-292-0078 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - MARC FYI 1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - MARC FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA a Mayor/Chairman Monroe County Association of Retarded Citizens, Inc. (Federal ID No. ) By President Contract - MARC FYI 1; page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By, Mayor/Chairman Monroe County Association of Retarded Citizens, Inc. (Federal ID No. 5 - _) By ` President Contract-MARCFY11; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - MARC FY11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -MARC FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 XX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this who is personally known to me. Notary Public day of Notary Stamp 200_ by Contract - MARC FYI 1; page 91 ATTACHMENT C Services to be provided: Monroe Association for Retarded Citizens Inc. We are requesting partial funding for our Adult Day Training Services which covers the entire Keys but are physically located in Key West and Tavernier. Our Marathon clients are usually served in our Tavernier program now renamed "The Michelle Synder Upper Keys Program" after along term dedicated staff member who died of cancer this year. Our Adult Day Trainings supports individuals with developmentally disabilities in daily valued routines of the community. These services stress training in the areas of self-help, adaptive social skills, vocational training, job training, life -skills and are age and culturally appropriate. We also do Supported Employment from our Adult Day Training sites. Although these programs are facility based, a small group approach (4-6 clients with a supervisor in the community) go out to job sites to learn appropriate work skills and employment income. Transportation is a major component of this program. Our Adult Day Training physical locations are Key West and Tavernier, although the entire Keys are covered by those two sites. These programs are provided in a congregate facility based programs, although we also employ mobile work crews and do Supported Employment within the community as a part of these programs. The facilities are operated Monday thru Friday 6 hrs a day. Some of our off -site crews work Monday thru Saturday. Contract-MARCFYt 1; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - MARC FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA HICS CLAUS c.� o- r ( e c, r� MOVI 1-0 (- flsscc k-:L} warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: oZ 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 DAVIDA C. ARD1 1«1 {y3� M185W-1 # 11L>9�t i1 01, 2013 Cgsik 'w' W Y APM C06 �alY k+. Contract-MARCH 1; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (0yld0 _ASSOC '�`�c�r j f 3 l_,-� ZCv� v1L (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF E c> v r c, /� (Signature of Respondent) COUNTY OF / [ 0 vl V' 0 Dat PERSONALLY APPEARED BEFORE ME, the undersigned authority, /tea- Reoa,'Zt_ who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this - --- oq day of My commission expires: /f / /i Zo13 NOTARY PUBLIC F,VDAVIDA C. HA MY COW SS10N N DD931021 EXPIRES: Novaba 01, 2013 Y Fl. Nomy U600no Aron. Co. MONONA Contract-MARCFYI1; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Monroe County Education Effective Date: 10/01/10 Foundation Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for Keys Center Academy, provider of services to disadvantaged at -risk young people such as academic supports career training counseling, wellness programs transitional services, case management, etc Contract Manager: Lisa Tennyson (Name) ka for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) i0/o51« Agenda Deadline: 10/t§/�* CONTRACT COSTS Total Dollar Value of Contract: $57,000.00 Current Year Portion: $57,000.00 Budgeted? Yes® No ❑ Account Codes: 001-0Q 530340- - Grant: $0.00 - - - - 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 f/�In Needed Rev' wer /VI Division Director d 6 Yes❑ No ( 0U Risk Management ���v Yes❑ NoQ% O.M.B./Purc`fiasi44i4 Yes❑ No� 1 �' County Attorney 41W Yes❑ NoV]„f� Comments: Umb Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Monroe County Education Foundation, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of services to disadvantaged, at -risk young people such as academic supports, career training, counseling, wellness programs, transitional services, case management, etc. WHEREAS, it is a legitimate public purpose to provide facilities and services related to provision of services to disadvantaged, at -risk young people, such as academic supports, career training, counseling, wellness programs, transitional services, case management, etc. IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services related to provision of services to disadvantaged, at -risk young people such as academic supports, career training, counseling, wellness programs, transitional services, case management, etc. in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTY-SEVEN THOUSAND AND NO/100 DOLLARS ($57,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 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 Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 3 basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768,28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 4 26. AUTHORITY. Each party represents and and performance of this Agreement have been duly action, as required by law. INDEMNITY ISSUES warrants to the other that the execution, delivery authorized by all necessary County and corporate 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 5 Key West, FL 33040 Key West, FL 33041 For PROVIDER Dan Kratish, President Monroe County Education Foundation P O Box 1788 Key West, FL 33040 305-296-3430 305-797-0190 305-294-4528 FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Monroe County Educ Fndn - Keys Center FY11; page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 Mayor/Chairman Monroe County Education Foundation, Inc. (Federal ID No By � v5 l I o President Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By. Deputy Clerk M1 Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Monroe County Education Foundation, Inc. (Federal ID No. 6 5 0 �-:/ 1? k ) By Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 7 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 8 A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 9 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.x,XX.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 200_ by who is personally known to me. Notary Public Notary Stamp Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 10 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 11 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." Contract - Monroe County Educ Fndn - Keys Center FY11; page 12 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. gnature) Date: % f2"1—/ STATE OF FVr/C1Ci, COUNTY OF Ncnrre-, 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 F �4oOet- 20 10 V:Y';y CONSrANM a CYR k r MY COMMISSION # DD 93666^ My commission �� : EXPIRES: January 19, 2W "AedThruNotary PubkUnder OMB - MCP FORM #4 Cznce ) (:a- - N O RY U I Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF r_10r-; C� (4 Sure_ of Respondent) COUNTY OF �tCVIt"CC / D 7 0 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 44, day of tOG�� , 2000. "" """..""" }'�0!, COIVSTMICE A. CYR MY COMMISSION # DD 936664 EXPIRES: January 19, 2014 M y commission ex p ear�ea Thro Notary PWuc uneer++nt�s NOTARY PUBLIC Contract - Monroe County Educ Fndn - Keys Center FYI 1; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Rural Health Network Effective Date: 10/1/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of contract with Rural Health Network to provide primary care medical services and oral health care services in Monroe County. Contract Manager: Lisa Tennyson 4444 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meeting on 10/20/10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $333,600.00 Current Year Portion: $333,600.00 Budgeted? Yes X No Account Codes: 001-03240-530340: 60,000.00 Grant: $0.00 001-01518-530340: 273,600.00-1 County Match: $0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $0.00 For: (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Chanc D e n Need Division Director �U Yes❑ N Risk Management Yes❑ N O.M.B. PurL`fi'asin Ye N / g 4-I'D s❑ County Attorney Comments: OMB Form Revised 9/11/95 MCP #2 Date Out 6 l10 AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and RURAL HEALTH NETWORK OF MONROE COUNTY, FLORIDA, INC., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of health -related services to the disadvantaged citizens of Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to health -related services to the disadvantaged citizens of Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING I. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services medical and dental services to the disadvantaged citizens of Monroe County, , SIX HUNDRED, AND NO/100 DOLLARS ($333,600.00) for fiscal year 2010-2011 Florida, shall pay to the PROVIDER the sum of THREE HUNDRED, THIRTY-THREE THOUSAND , payable as follows: a) the sum of TWO HUNDRED, SEVENTY-THREE THOUSAND, SIX HUNDRED, AND NO/100 DOLLARS ($273,600.00) for primary and oral health care services to the disadvantaged citizens of Monroe County. b) the sum of SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00), as recommended by the Human Services Advisory Board, for primary and oral health care services for disadvantaged persons living in Monroe County. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. Contract - Rural Health Network FYI I; page I 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. E---Ie 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upor. violation of this provision by PROVIDER. 9. COMPLIANCE WITH `COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices); (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's F:)ard of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual electici of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initia► Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and Contract - Rural Health Network FYI 1; page 2 (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability Contract - Rural Health Network FYI 1; page 3 insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner Contract - Rural Health Network FY11; page 4 or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the Contract - Rural Health Network FY11; page 5 constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Daniel Smith, Executive Director Rural Health Network of Monroe County Post Office Box 500370 Key West, FL 33050-0370 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, Contract - Rural Health Network FY11; page 6 covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Rural Health Network FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Rural Health Network of Monroe County, Inc. (Federal ID No. By President Contract - Rural Health Network FY11; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Rural Health Network of Monroe County, Inc. (Federal ID No. 65-0474953) r� By C,G� aniel Smi h, Pres' ent & CEO Contract - Rural Health Network FYI 1; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Rural Health Network FYI 1, page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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, Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Rural Health Network FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 who is personally known to me. Notary Public day of Notary Stamp 200_ by Contract - Rural Health Network FYI1; page 91 ATTACHMENT C (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) The Rural Health Network is a non-profit charitable organization that is supported by local county government, by the State of Florida, the federal government, by community contributions and by patient fees. Patient fees are offered on a sliding fee scale basis, known as a "Fair Share" Clinic. All discounted health care charges will require proof of income. We are a Monroe County based non-profit entity, with 100% Monroe County employees, and a 100% Monroe County Board of Directors (that represent the entire Florida Keys, from Key Largo to Key West), and funded in large part by Monroe County tax dollars. Rural Health Network has been here to serve the citizens of Monroe County for the past 17 years, with direct care services over the past ten years. OUR MISSION To improve the quality of and access to health care in Monroe County, with the cooperation and involvement of the network membership, other community health care providers and the community at large. Rural Health Network is a 501(c)3 not -for -profit organization and depends upon grants and contributions from the community. Services to be provided: (based on community needs and funding available) Oral Health Care: RHN Oral Health Care / Dental Services provide access to quality dental care services to the under - served populations of Monroe County, Florida. Services include, but are not limited to: Screenings / Exams, X-rays, Fillings, Extractions, Sealant Services, Dentures (Partial and Full), Fixed Prosthodontics, Limited Emergency Care, Infection Control, Cleanings, Deep Cleanings, Whitening, and Cosmetic dentistry, from age 2-to senior adults as funding allows. Primary Health Care: RHN Health Care Services provides access to quality primary medical care services to the under -served populations of Monroe County, Florida. Services include, but are not limited to: Physical Examinations, Adult Services, Pediatric Services, Wound Care, HIV Testing, STD Testing, Woman's Health Exams, Health Education and Prevention, Laboratory, Pregnancy Testing, Vision and Hearing, Pharmaceutical Assistance, Immunizations / Vaccinations, Basic First Aid and Referral Services, as funding allows. Community Outreach: Our Community Outreach Programs, (including KidCare - Healthy Kids; breast, cervical and colorectal cancer screenings; dental sealants for school children, tobacco cessation, and child care seat programs) provide residents and visitors of Monroe County access to affordable specialty services throughout the county as funding allows. Contract - Rural Health Network FYI 1; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Rural Health Network FYI 1, page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Daniel Smith 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. CC7 C� (siggnnature) Date: O `"0�✓/l� STATE OF Florida COUNTY OF Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, Daniel Smith who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this �_ day of -{►C1 , 20j_. NOTARY PUBLIC My commission expires �Y =Public� L. C K - State of Floridaires Oct 18. 2014n # EE 17888.atrona) floury Assn. Contract - Rural Health Network FYI 1; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Rural Health Network of Monroe County Florida, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that t is firm complies fully with the above requirements. t %" STATE OF Florida �C1 (Signature of Respondent) COUNTY OF Monroe Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Daniel Smith who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this OZ day of 20(i1 NOTARY PUBLIC My commission expires: SUSANA L. CARRICK Notary Public - State of Florida MY Comm. Expires Oct 18, 2014 Commission # EE 17888. Bonded Through National Notary Assn. Contract - Rural Health Network FYI 1; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Samuel's House, Inc. Effective Date: 10/01/10 Expiration Date: 9/30/11 Contract Purpose/Description: provide funds for housing for women and children and substance abuse -related services Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 10/20/10 4444 OMB/Grants Mgt. (Ext.) (Department) Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $75,000.00 Current Year Portion: $75,000.00 Budgeted? Yes X No Account Codes: 001-03214-530340 Grant: $ 0 County Match: $0 ADDITIONAL COSTS Estimated Ongoing Costs: $ For: Staff support -filing reports, oversight (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW D Ve n Division Director /(� Risk Managem nt O.M.B. Purchas�in Oyo Date Out 0 County Attorney Comments: Chan( Need Yes❑ N Yes❑ N Yes❑ N, UMb t-orm Kevised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Samuel's House, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of women and children's housing and support, and WHEREAS, it is a legitimate public purpose to provide facilities and services for women and children's housing and support, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for women and children's housing and support in Monroe County, Florida, shall pay to the PROVIDER the sum of SEVENTY FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. Contract - Samuels House FYI 1; page 1 RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract - Samuels House FY11; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract - Samuels House FYI 1; page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. Contract - Samuels House FYI 1; page 4 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract - Samuels House FYI 1; page 5 GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Elmira Leto, Executive Director Samuel's House 1614 Truesdell Court Key West, FL 33040 305-296-0240 305-296-3921 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract - Samuels House FYI 1; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Samuels House FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK M Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Samuel's House, Inc. (Federal ID No. By President Contract - Samuels House FY11; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk fitness �7 Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Samuel's House, Inc. (Federal ID No. (Pf�—OgJ By President Contract - Samuels House FYI 1; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the Finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Fla Keys Children Shelter FYI 1. doc; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m, for breakfast reimbursement, before noon and end after Z p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Fla Keys Children Shelter FYI1. doc; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 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 200_ by who is personally known to me. Notary Public Notary Stamp Contract -Fla Keys Childrens Shelter FY11.doc; page 11 ATTACHMENT C Samuel's House mission is to provide housing in a nurturing environment for homeless women and women with children; and to provide them with care coordination beneficial to their physical, mental, emotional and spiritual well being. Services provided include: • Housing for homeless for women and women with their children including emergency shelter and long-term structured living. • Case management • In-house essential supportive services and transportation to off -site supportive services • Referral from and referral to other agencies serving the homeless 29 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ue�/su /1 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: 0 /'(:0- STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, L. 1-6meS who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this G7''day of 20-/!�. UBLIt My commission expires: /rye L O %A OMB - MCP FORM #4 i My IX&M NV k ©O 66712 �RC� Baked filtru hoary piit,�kt Ud9errr, Contract - Samuels House FYI 1; page 14 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." Contract - Fla Keys Childrens Shatter FYI 1. doc; page 13 DRUG -FREE WORKPLACE FORM The' undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF [i- (Signs ure of R spondent) COUNTY OF / I� DatLy PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this O d5l A6day of NOTARY PUBLIC 20VQ. My commission expires: w. MY OO M18 M b OD W12 bcf IAM: September 1, 2013 BMW Thru Notary PW* U+ IEen Contract - Samuels House FYI 1; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Star of the Sea Foundation Effective Date: 10/01/10 Expiration Date: 9 30 it Contract Purpose/Description: provides funding for food pantry, prescription drug reimbursement assistance, bus transportation assistance, distribution of donated clothing and food and human services referrals. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00 Budgeted? Yes® No ❑ Account Codes: 001- 03246-530340- - Grant: $0.00 - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) D e In Division Director C 0 Risk Manage ent O.M.B. Purc-hasin / 9 County Attorney �Ii) Comments: CONTRACT REVIEW Chang Neede Yes❑ No Yes❑ No Yes[] N es r Date Out d Revi w r EE G a Yes❑ No® umb corm Kevised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Star of the Sea Foundation, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to provide a certified food pantry, prescription drug reimbursement assistance, one way bus tickets to enable persons in need to leave the County and return home, redistribution of donated food and clothing in Monroe County and human service referrals. WHEREAS, it is a legitimate public purpose to provide facilities and services related to the provision of a food pantry, drug reimbursement assistance, transportation assistance to leave the county, redistribution of donated food and clothing and human service referrals. IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services related to provision of a food pantry, prescription drug reimbursement assistance, one way bus tickets, redistribution of donated food and clothing and human services referrals in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Star of the Sea Foundation FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff; drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, with the Board to substantially and satisfactoril y Contract - Star of the Sea Foundation FYI 1; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 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 Contract - Star of the Sea Foundation FY11; page 3 basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Contract - Star of the Sea Foundation FYI 1; page 4 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be 'executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Contract - Star of the Sea Foundation FYI 1; page 5 Key West, FL 33040 Key West, FL 33041 For PROVIDER Erica Hughes Sterling, President Star of the Sea Foundation, Inc. 5640 Maloney Avenue Key West, FL 33040 305-292-3013 305-292-3014 FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Star of the Sea Foundation FY11; page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 0 Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairman Star of the Sea Foundation, Inc. (Federal ID No. ) By President aa' tt 61M10 Contract - Star of the Sea Foundation FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness i qP�, T )A�T-VV) Witness Jenny M. Sterling BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Star of the Sea Foundation, Inc. (Federal ID No._3 00 �7f q( r '%y ) Y 1 PL== Presiden ERICA N. HUGHES-STD":''NG Contract - Star of the Sea Foundation FY11; page 7 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. 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. Contract - Star of the Sea Foundation FYI 1; page 8 Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Star of the Sea Foundation FYI 1; page 9 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 200_ by who is personally known to me. Notary Public Notary Stamp Contract - Star of the Sea Foundation FY11; page 10 ATTACHMENT C Services to be provided: Food: The Star of the Sea Mission is a certified food pantry that is now serving an average of 30,000 pounds of life-saving emergency food bags every month. The Mission stocks a variety of foods that represent a well-balanced diet and specific foods for persons who require special diets. Referrals: The Star of the Sea Mission provides referral services. We maintain an extensive list of other organizations and agencies that provide social services and assistance for people with special needs, such as drug and alcohol addiction. Bus Tickets: The Star of the Sea Mission provides one-way bus tickets to individuals (including inmates who have been released from the Monroe County Jail). Many others come to us through various local social services agencies. Prescription drug assistance: Through arrangements with local pharmacies we provide reimbursement (at negotiated discount rates) for many commonly prescribed prescription medications. Other services: The Star of the Sea Mission provides internet access to apply for Food Stamps, Temporary Cash Assistance, Medicaid and other services as may be applicable. Tons of other goods and clothing are donated and distributed each year as well. We received and redistributed over seven (7) tons of furniture, bed linens and clothing donated by the US Navy (in 2008 alone). Our goal is to help any needy individuals who make their way to our doors 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." Contract - Star of the Sea Foundation FYI 1; page 12 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 a 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. J (signatu e) ERICA N. HUGHES-STyR? NG Date: n.bv 2 9-, a 0 1 J STATE OF f f✓Q&A DA COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, ERICA N. HUGHES SiERIL:NG who, after first being sworn by me, affixed his/ham signature (name of individual signing) in the space provided above on this ,2 day of NOTARY PUBLIC My commission expires:— ,.�;a� a�B, PATRICIA GAE GANISTER Notary Public - State of Florida My Comm. Expires Sep 20, 2014 OMB - MCP FORM #4 'a'+, �;� Commission EE 18873 Bonded Through National Notary Assn. Contract - Star of the Sea Foundation FYI 1; page 12 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Et�5v OC 4-�Tc Sic, 4--bU nd cm or-) (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statem t, I certify that this firm complies fully with the above requirements. STATE OF FL,a a-t n A % (Signature oqRp=o=ndent) ERfCAIN. HUGHES-SiLRL;�G COUNTY OFfAA{w,bCr, .i$f Zot Z) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, ERICA N. L3%1 who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of J�-,s�tM�l� , 200 �. O'k"- _ My commission expires: NOTARY PUBLIC Y'p PATRICIA GAE GANISTER Notary Public - State of Florida My Comm. Expires Sep 20, 2014 ' a`= Commission N EE 16873 Bonded Through National Notary Assn. Contract - Star of the Sea Foundation FY11; page 13 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: U.S. Fellowship of Florida, Effective Date: 10/01/10 d/b/a Heron and Peacock programs Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for assisted living facilities with limited mental health support and substance abuse -related services Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $45,000.00 Current Year Portion: $45,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03233-530340- - Grant: $0.00 - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Needed Division Director %� Yes❑ No❑ - Risk Manage �m nt I (( Yes❑ Nb� O.M.B. Purcnasin9 glz�'40 Yes[] N616 / County Attorney j�(-P Yes[:] No Comments: UMB Form Revised 9/11/95 MCP #2 Date Out . /11; 1 fr. ... . ..., is , , , AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or 'County," and United States Fellowship of Florida, Inc., d/b/a Heron and Peacock Programs, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of assisted living facilities with limited mental health support, and WHEREAS, it is a legitimate public purpose to provide facilities and services for assisted living facilities with limited mental health support in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing assisted living facilities with limited mental health support in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY FIVE THOUSAND AND NO/100 DOLLARS ($45,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Heron Peacock USFF FYI1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. Contract - Heron Peacock USFF FYI1; page 2 RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract - Heron Peacock USFF FY11; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - Heron Peacock USFF FYI1; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract - Heron Peacock USFF FYI1; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Janice Drewing, Executive Director United States Fellowship of Florida 1320 Coco Plum Drive Marathon, FL 33050 305-743-4129 305-743-5137 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - Heron Peacock USFF FYI1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Heron Peacock USFF FY11; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman U.S. Fellowship of Florida, Inc. d/b/a Heron -Peacock (Federal ID No By President Contract - Heron Peacock USFF FY11; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Heron Peacock USFF FYI1; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Heron Peacock USFF FY11; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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) $A 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 200_ by who is personally known to me. Notary Public Notary Stamp Contract - Heron Peacock USFF FY11; page 11 F-A.it.Tj*1:1 u 14 Z h Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Contract - Heron Peacock USFF FY11; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Heron Peacock USFF FYI1; page 13 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. Date: STATE OF COUNTY OF (signature) 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 NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 Contract - Heron Peacock USFF FY11; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF COUNTY OF (Signature of Respondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of NOTARY PUBLIC 200_. My commission expires: Contract - Heron Peacock USFF FY11; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Wesley House Family Effective Date: 10/01/10 Services, Inc. Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for child care -related services and family - related services for children of Monroe County Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $126,000.00 Current Year Portion: $126,000.00 Budgeted? Yes® No ❑ Account Codes: 001-03236-530340- - Grant: $0.00 - - - - 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 D e In Needed evi er Division Director Yes❑ NoUa--� Risk Management ICE' 10 Yes❑ No O.M.B. Pur�fiasin qY �,w / g es❑ Noz County Attorney Yes❑ No® Comments: OMB Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Wesley House Family Services, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of child care services, and WHEREAS, it is a legitimate public purpose to provide facilities and services for child care, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for child care for citizens of Monroe County, Florida, shall pay to the PROVIDER the sum of ONE -HUNDRED TWENTY-SIX THOUSAND AND NO/100 DOLLARS ($126,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Wesley House FYI (2) (2); page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract - Wesley House FY11 (2) (2); page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court Contract - Wesley House FY11 (2) (2); page 3 order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - Wesley House FYI (2) (2); page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract - Wesley House FYI 1 (2) (2); page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Doug Blomberg, Executive Director Wesley House Family Services, Inc. 1304 Truman Avenue Key West, FL 33040 305-292-7150 305-292-7156 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - Wesley House FY11 (2) (2); page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Wesley House FYI 1 (2) (2); page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 Mayor/Chairman Wesley House Family Services, Inc. (Federal ID No. By 10�J��li� President Contract - Wesley House FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness ?�t:2 A �® Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Wesley House Family Services, Inc. (Federal ID No. 4- -o 4.y.4tAt&i ) By Preside Contract - Wesley House FYI (2) (2); page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Wesley House FYI (2) (2); page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Wesley House FYI (2) (2); page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 who is personally known to me. Notary Public Notary Stamp 200_ by, Contract - Wesley House FYI (2) (2); page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Wesley House Family Services (WHFS) is a nationally accredited not -for profit organization, working with over 2,500 children and families annually throughout Monroe County. Community services include: • Supervision of at -risk children in the dependency care system; • Supervised court -ordered visitations of children removed from their home; • Foster and Public Adoption services; • Independent Living Skills transitional training for children in foster care; • Road to Independence Program for young adults until age 18 that have aged out of foster care; • Safe At Home short term crisis prevention services available 24/7 from Key West through Grassy Key; • Parents as Partners family preservation services to prevent the family from entering the child welfare system; • Healthy Families Monroe providing voluntary in -home support to expectant and new at - risk parents; • Free, unbiased referrals for child care programs and support services for all income levels; • Assistance to all child care providers throughout the Florida Keys; • Coordination of and support for voluntary pre -kindergarten programs throughout the County; and • The Inez Martin Child Development Center in Key West. Services that will be provided under this contract include: WHFS Child Care Services: Match funding for child care subsidy payments for low income working families throughout Monroe County. WHFS Healthy Families -Monroe: Match funding for staff person to provide in -home child abuse prevention services. WHFS Community Based Care: (Including Full Case Management, Adoption, Licensing/Foster Care, Visitation, Road to Independence, Independent Living, Safe at Home, Parents as Partners, Nurturing Parenting, Enhanced In Home Services and Intensive Family Reunification Programs.) Flex funds to be used for ancillary support for families in crisis to help stabilize the family financially so their children can hopefully remain in the home and avert entering the dependency care system and to pay for psychological, emergency medical and dental services for children in the dependency care system. Contract - Wesley House FYI (2) (2); page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Wesley House FY11 (2) (2); page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE .d sL r � - ,warrants that he/it has not employed, retained or otherwi 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: 9/,?a STATE OF COUNTY OF roo n yo-,— 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 Nkbe— , 20 f D 1v REBECCARANNEY (NOTARY PU Y MY COMMISSION Ik DD 728424 My commission expires: ?' EXPIRES: October 24,2011 of f� Bonded Thru Notary Public Underwriters11 OMB - MCP FORM #4 Contract - Wesley House FY11 (2) (2); page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of iness) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF T70 r 1 COUNTY OF M0nVQ_1 C'oc_o (Sifnature of Re o dent) 1/4/a Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, 6�urntrm who, after first being sworn by me, (name of individu signing) affixed /her signature in the space provided above on this day of _ Ip10tk lK— , 20kb NOTARY PUBLIC My commission expires: �[('A RANNE`f 'R My COMMISSION # DD 728424 EXPIRES: October 24, 2011 Bonded Thru Notsiy PLmc Ur&nvtftars Contract - Wesley House FYI (2) (2); page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Womankind, Inc. Effective Date: 10/01/10 Expiration Date: 9 30 11 Contract Purpose/Description: provides funding for women's health care services Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $70,000.00 Current Year Portion: $70,000.00 Budgeted? Yes® No ❑ Account Codes: 001- 03215-530340- - Grant: $0.00 - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $___Iyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. PteD,In Division Director© Risk Manag��t C0 O.M.B./Purchasing County Attorney 4040O Comments: CONTRACT REVIEW Chang Neede Yes❑ No Yes❑ N Yes❑ No OMB Form Revised 9/11/95 MCP #2 es Date Out d Rev" wer AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Womankind, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of women's health care, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to women's health care, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING I. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for women's health care for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. ctnrr r—h- 0 InInAl a,--.,fl..o I 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out- of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. FI(v ,f, .11 .L— no.vn 4 UsZiII;7c\►[•L44-1 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Rn/''` /''—f-4'In1n_4I r&-- nal.o r. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Kim Romano, Executive Director Womankind, Inc. 3142 Northside Dr., Suite 101 Key West, FL 33040 305-294-4004 305-294-6043 FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Womankind, Inc. (Federal ID No. By President Contract - Womankind FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness 1'6inMj1 v Witness BOARD OF COUNTY OF MONROE COUNTY, FLORIDA By Mayor/(-nairman Womankind, Inc. (Federal ID No. 65-100-3208) By _ President ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. 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 101 Company A Rent 102 Company B Utilities 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total (B) Total prior payments (C) Total requested and paid (A + B) (D) Total contract amount Balance of contract (D-C) Amount $ X,XXX.XX XXX.XX $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX $ 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 200_ by who is personally known to me. Notary Public Notary Stamp ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) WomanKind, inc. is a health care center that provides individualized and prevention - focused primary and gynecologic medical care to women of all ages, ethnicity, sexual orientation and socioeconomic level. A sliding scale allows women who are uninsured or underinsured and/or low income in Monroe County to receive health care. Services provided with funding from Monroe County include but are not limited to: • Medical services and procedures • ARNP-provided care • Hispanic outreach and translation. BOCC Contract 2010-11; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." anrr r , r.n r'M-1/L91 4-- � o 11 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUS J� �Kr7V"o I 6K warrants that he/it has not employed, retained or otherwise 6ad 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. 1AA (' our ) Date: J4 / i ),u t C' STATE OF F& Y l d a COUNTY OF I")J61) f04 PERSONALLY APPEARED BEFORE ME, the undersigned authority, _ Ki W C' "nc) who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 54— day of My commission expires: 1 —/3 --11 1617, U-1 12 h0al0;14 ►�t1Ql s O ARY PUBLIC KEMY S. HAOAS spy NOWY pyw. . State of Florw MY Cam Exom Iar► 0.2011 CamiWo 0 620325 ` �, 8pidedTlMnu�►NetlondNoUrliAMe. DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: . # /_' A k (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF 6 r I'da- (S natu a Res n en COUNTY OF 6/') ila---( Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, �liYlGI"Y1CAf?6) who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this / &- day of Ook NOTARY PUBLIC My commission expires: 1 _ 13 /1 t�tltltN/I, KERRY S. HADAS NOWY Pubk - StMe d FWW& g • Mr CWw *01M Expires Jon 13. 2011 CamM4$Wn * DO 62O325 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Bulk Item: Yes XX No Division: OMB Department: Grants Staff Contact /Phone #: 292-4444 AGENDA ITEM WORDING: Approval of contracts with non-profit service organizations funded by the County Commission for fiscal year 2011. These organizations do not apply to the Human Services Advisory Board; they are funded directly by the Board of County Commissioners as budget line items. ITEM BACKGROUND: Funds are provided by the Commission upon request by non-profit organizations annually, as part of the County budget process. A list of BOCC-funded organizations and amounts is attached. The amount below does not include $460,520 for the Guidance Care Center or $273, 600 for the Rural Health Network; these amounts are included in their contracts as part of the Human Services Advisory Board funding agenda item (GCC and RHN, are funded both by the HSAB and the BOCC). The HSAB contracts item is also on today's agenda. PREVIOUS RELEVANT BOCC ACTION: Contract amounts approved as part of budget process. CONTRACT/AGREEMENT CHANGES: Funding to wild bird centers was discontinued after FY 2010. Funding to AARPs and Older American's Volunteer Program does not require contracts. STAFF RECOMMENDATIONS: Approval TOTAL COST: $394,800 INDIRECT COST: BUDGETED: Yes XX No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $394,800 SOURCE OF FUNDS: Ad valorem REVENUE PRODUCING: Yes — No XX AMOUNT PER MONTH Year APPROVED BY: County Atty _ rc asing Risk Management DOCUMENTATION: Included XX of Required DISPOSITION: Revised 7/09 AGENDA ITEM # Funding Amounts and Contracts for BOCC-funded Organizations For FY 2011 Human Service Organization Contracts for Fiscal Year 2011 American Red Cross Domesfic Abuse Shelter lEaster Seals Society_ !Florida Keys Children's Shelter 'Florida Keys Heatthy Start Coalition ,Good Health Clinic I IM ',Grace Jones DayGare Center Hospiqq��ida Keys Independence Ca U!2Lacy Volunteers Monroe Assoc for Retarded Citizens Monroe Cc _Ed-uc Fnd-n -.Keys, Center Rural Health Network I!Samuel's House iStar of the Sea Foundation Wesley House Womankind 'HSAB Contract Totals Be the Chan - ei int.-Kids Come First Upper �YMCA !Historic Florida Kep Foundation Poper Keys Community Pool BOCC Contract Total ~Clerk's Drug Abuse Trust Fund °8OCCDirect—Funded Line Items FY 2011 Contracts MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Florida Keys Council of the Arts Effective Date: 10/01/10 Expiration Date: 09/30/11 Contract Purpose/Description: Provides funding to perform and carry out the development coordination and promotion of the arts throughout Monroe County Florida. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $57,000 Current Year Portion: $57,000 Budgeted? Yes X No ❑ Account Codes: 001-01512-530340- - Grant: $0 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above e . maintenance, utilities, janitorial, salaries, etc. Division Director Risk Manaq q�tient �D V ��; O.M.B./Pur asirlg� CONTRACT REVIEW Changes Da I Needed /6 Yes❑ No (� Yes❑ No Yes❑ No� County Attorney -4/8010 Yes❑ No® Comments: vivio rorm r%evisea ai i iiy5 mutr g;/ Date Out R view ���A�ciR� �al�--i1s�71111�s0 AGREEMENT This Agreement is made and entered into this 201h day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and FLORIDA KEYS COUNCIL OF THE ARTS, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to perform and carry out the development, coordination and promotion of the arts throughout Monroe County, Florida, WHEREAS, it is a legitimate public purpose to provide facilities and services for the development, coordination and promotion of the arts, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for the development, coordination and promotion of the arts, in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTY SEVEN THOUSAND AND NO/DOLLARS ($57,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Florida Keys Council of the Arts FYI 1; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract -Florida Keys Council of the Arts FYI 1; page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically Contract -Florida Keys Council of the Arts FYI 1; page 3 terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract -Florida Keys Council of the Arts FYI 1; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any Contract -Florida Keys Council of the Arts FYI 1; page 5 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. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Liz Young, Executive Director Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract -Florida Keys Council of the Arts FYI 1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Florida Keys Council of the Arts FYI 1; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairman Florida Keys Council of the Arts (Federal ID No. By President OF Y Data Contract -Florida Keys Council of the Arts FYI 1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Florida Keys Council of the Arts (Federal,;D No(6-07376, — ) By dent Contract -Florida Keys Council of the Arts FYI 1; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Florida Keys Council of the Arts FYI 1; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Florida Keys Council of the Arts FYI 1; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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) $-C XX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of who is personally known to me. Notary Public Notary Stamp 200_ by Contract -Florida Keys Council of the Arts FYI 1; page 11 i h�c&eRr 0� 'i Responsibilities of the Florida Keys Council of the Arts' Staff The staff consists of two full time persons, the Executive Director, Elizabeth Young and Business Manager, Andrea Comstock. They are assisted by two part-time people, Administrative Assistant, Valerie Smith (three days per week) and Membership Specialist, Reen Stanhouse (two days per week) and two part-time contractors. They are Marketing /Public Relations Specialist, Michael McCabe and our Website Administrator, Kati Van Aernum, Volunteers, including board members, also provide valuable services to the operations. The Responsibilities of the Florida Keys Council of the Arts (FKCA) staff are as follows. Provide professional support and technical assistance to the FKCA board: a. Provide leadership, vision and advocacy for a multi -service Arts Council through fundraising, arts education, granting, providing technical assistance to artists and cultural organizations within the Florida Keys and providing cultural information to visitors and residents. b. Prepare agendas and reports for the FKCA board c. Present the above information at board and committee meetings and be available to provide additional information relating to these matters at and between the meetings d. Implement the mission, vision, strategic goals and objectives of the organization as set by the Board. e. Provide a central point of contact in the promotion of the arts, artists and cultural organizations in the county. f. Act as advocate and liaison in contacts with the community, media, county commissioners, and cultural organizations both within and outside the county. g. Participate in state and national economic survey data collection and reporting efforts. h. Engage in public speaking and public advocacy for the arts and the Arts Council i. Engage in event planning and implementation in partnership with other community organizations such as MARC House, Zonta, Key Players J. Provide program management and development k. Provide staffing functions including supervising, hiring, firing, evaluating and daily directions I. Manage the revolving art in public buildings program in ten county buildings plus commissioners' offices. m. Manage the arts in healthcare programs n. Provide leadership for the Performing Arts Network o. Be responsible for grant acquisition, asset development, fundraising, and membership growth, including recruiting of foundations, corporations, governmental entities, individual donors and advocates. p. Maintain and increase the existing business and individual membership base q. Maintain and increase the existing grant revenues r. Represent the FKCA in national, state and local cultural associations and inform the Board of all major initiatives undertaken by these organizations. s. Engage in development and nurturing of a continuous funding stream t. Prepare and manage budgets u. Manage and update a comprehensive web site v. Maintain a comprehensive database w. Outreach to artists and cultural organizations in the Keys and beyond x. Manage grants and re -granting programs affiliated with the arts y. Oversee membership and volunteer growth and coordination z. Collect and disseminate cultural event information Provide professional support and technical assistance to the Art in Public Places (AIPP) board a. Administer the 1 % for Art Ordinance originally sponsored by Commissioner Dixie Spehar. i. Committee members are appointed by the Board of County Commissioners. ii. Serving this past year were Donna Bosold(chair), Nance Frank, Jeffrey Harwell, Susann D'Antonio and Kathleen Clements. b. Prepare agendas, reports and visual materials for the AIPP board c. Present the above information at board and committee meetings and be available to provide additional information relating to these matters at and between the meetings d. Serve as liaison and manage flows of information between board and artists e. Serve as liaison and manage flows of information among artists and architects, purchasing and facilities development staff f. Write, edit and distribute Requests for Qualifications (RFQs) and Requests for Proposals (RFPs) in cooperation with County Purchasing and Legal staff i. Requests for Proposals were issued for the Key West Airport and Big Pine Key Fire Station. g. Track, document, display, and manage the responses to RFQs and RFPs h. Correspond with artists as required i. Assist facilities development and risk management staff in preparing contracts and agenda items pertinent to AIPP i. During the year, seven artists worked on commissions for the Key West International Airport and one artist for the Big Pine Key Fire Station. j. Maintain database of qualified artists within county and nationally k. Maintain files of qualified artists for five years 1. Store proposals; repack, ship or return as required m. Provide a central point of contact in the promotion of the Art in Public Places Program n. Act as advocate and liaison as requested in contacts with the community, media, county commissioners, and cultural organizations both within and outside the county. o. Prepare and present professional development workshops countywide to assist Monroe County artists in completing required RFQ and RFP. 3. Provide professional support and technical assistance to the Cultural Umbrella (CU) committee of the Tourist Development Council (TDC) i. Serving on the committee this past year were Sherry Philips (chair), Chris Sante, Bob Sandifer, Marianne Motches and Bunnie Smith. a. Prepare agendas and reports for the CU committee 2 b. Present the above information at board and committee meetings and be available to provide additional information relating to these matters at and between the meetings c. Provide a central point of contact in the promotion of the Cultural Umbrella d. Conduct workshops in Key West, Marathon and Key Largo to assist organizations in completing their grant applications. e. Act as liaison in contacts with the community, media, county commissioners, and cultural organizations within the county. f. Interact effectively with staff of TDC, NewmanPR Associates and Tinsley Advertising g. Manage funding applications as described in (7.) below 4. Advertise all meetings of the FKCA board, AIPP, Cultural Umbrella and other committees pursuant to Florida's Government in the Sunshine standards. a. Place advertising in three county newspapers with paid circulation prior to each meeting b. Record, transcribe and distribute the meeting minutes 5. Manage additional art in public buildings programs not under the supervision of the AIPP committee a. Art on display in public buildings program i. Coordinate the temporary (on loan) art in public buildings displays in ten public county buildings plus commissioners' offices. ii. Support the volunteer curators 1. Gato Building (Emily Sorkin) 2. Marathon Government Center (Rich Jones ) 3. Marathon Government Annex (Susan Hover) 4. Marathon Airport (Marianne Motches) 5. Lower Keys Medical Center Main Hall Gallery (Emily Sorkin) 6. Historic Key West Courthouse (Isabel DeSantis) 7. Monroe County Courthouse Annex (Janis Jo Stevens) 8. American Cancer Society (Carrie Helliesen) 9. Murray E. Nelson Gov't. & Cultural Center (Cris Sandifer) 10. Plantation Key Courthouse (Cris Sandifer). b. Arts in the Hospital i. FKCA coordinates the visual arts programs in Lower Keys Medical Center (LKMC). ii. A gallery of visual art was maintained by FKCA Curator Emily Sorkin in cooperation with hospital CEO Nicki Will. c. Golden Ticket Program for Low-income Seniors i. Free or half-price tickets to matinee performances of dance, theater and music are distributed to low- income senior citizens by FKCA, and made possible, in part, by the BOCC funds ii. Tickets are offered to senior citizens who participate in the free and reduced -price lunch program and concert series in Key West, Big Pine Marathon & Plantation Key. iii. Partners include l . Florida Keys Council of the Arts, 3 2. Monroe County Nutrition Program, 3. AARP, 4. Red Barn Theatre, 5. Coffeemill Dance Collective, 6. Paradise Ballet Theatre (Nutcracker Key West) 7. Waterfront Playhouse, 8. Performance at St. Paul's, 9. Keys Kids, 10. Impromptu Concert Series. 6. Secure non -county funds such as grants and private donations to support grants, programs, services and scholarships for local disadvantaged residents listed here (a. — h.) and more fully described in (5. d., e., f.) above and (9) through (15), below. a. Artists in Schools b. ArtReach c. Key West Writers Guild Award d. Arts in Hospital e. Golden Ticket Program for Low-income Seniors f. Special Project Grant g. Hurricane Emergency Grants h. South Florida Cultural Consortium Visual and Media Artist Fellowship i. Dance Scholarship j. Band Camp scholarship 7. Manage Cultural Umbrella grant program, funded by tourist -tax dollars, under contract to the Tourist Development Council and described in (15), below. 8. Manage all the above -mentioned grant programs a. Develop guidelines and criteria for grant applications b. Post applications on internet site http://www.keysarts.com c. Write, edit and distribute press releases to promote availability of grant opportunities d. Conduct workshops to assist potential applicants e. Accept completed applications f Recruit and secure review panelists g. Secure meeting space h. Create and distribute agenda packets for panelists i. Take minutes and compile scores at review meetings j. Take panel recommendations to full board for approval k. Notify applicants of approval/non approval 1. Prepare letters of agreement and reporting documents in. Conduct workshops for grantees on managing the awards n. Write, edit and distribute press release about grantees and their projects o. Monitor grantee progress toward project completion p. Make payments upon project completion and receipt of grantee final report q. Compile and record statistics: persons served, demographics 9. Secure funds and administer Artists in Schools grants a. Artists in Schools grants are funded in part by the sale of Florida State of the Arts license plates and matched by BOCC funds. b. $3,900 was awarded in the most recent completed fiscal year. i. 1,186 children were served in the most recent completed fiscal year. ii. To date, $90,435 has been awarded in Artist in Schools grants c. Artists in Schools projects, artists, teachers, and schools were: i. Material Rewards with artist Margo Ellis and teacher Christine Shanle at Gerald Adams Elementary School; ii. The Juggling & Balancing Project with artist Bounce Margil and teacher Jamie Gwidt at Sigsbee Elementary School and John Hughes at Poinciana Elementary School; iii. The Art of Yoga with yoga instructor Jo Stine and teacher Jessica Eden at Poinciana Elementary School and administrator Kim Livingston at the Montessori Children School of Key West; iv. Search for Identity with writer Elizabeth Thomas and teacher Joanne Brennan at Sugarloaf Middle School; v. Around the World in an Afternoon with storyteller Laurie McIntosh and teacher Phyllis Pope at Glynn Archer Elementary; vi. Dancing Classrooms with dancers Nina Locardi and Maria Luther with teacher Christina Belotti at Marathon High School and Stanley Switlik Elementary School. 10. Secure funds and administer ArtReach grants a. ArtReach grants are privately funded and matched by BOCC funds b. ArtReach grants are designed to encourage creative partnerships between individual artists or cultural organizations and local businesses and organizations to build audiences. c. $11,000 was awarded in the most recent fiscal year. i. 10,757 persons were served in the most recent fiscal year. ii. To date, $119,736 has been awarded in ArtReach grants. d. ArtReach projects, artists and their partners were: i. Spanish Rhapsody by Melody Cooper partnered with Florida Keys Community College; ii. Pipe Organ Concert & Orchid Display by Claude B. Hawks and the Florida Keys Orchid Society; iii. Flores Para Los Muertos by Michael Philip and The Studios of Key West; iv. Keys Yard Art with Gale Upmal and Steve Estes of the News Barometer; v. Peter and the Wolf by Penny Leto and Key West Contempory Dance Company; vi. Woodrat Jill by Nicky Laak and Florida Keys Friends & Volunteers of Refuges; vii. Martha Graham Dance Workshop by Maurizio Nardi and Coffee Mill Yoga & Dance Studio Key West; viii. Key West Writers Guild Anthology `08 by Molly Shallow and Joy Gallery; ix. Sculpture Key West at West Martello Tower by Karley Klopfenstein and Key West Garden Club; x. The Human Drummer by Hal Howland and SeaStory Press; xi. Arts Expansion Project by the Educational Coalition for Monroe County and the City of Marathon. 11. Secure funds and administer Key West Writers Guild Award a. FKCA presents a privately funded annual Writers Award, supported by a restricted endowment, and made possible, in part, by the BOCC funds. b. The Writers Award is a partnership between FKCA and the Key West Writers Guild c. The Writers Award is a $2,000 annual award for a writer of fiction or non- fiction prose. d. Joanna Brady Schmida of Key West received the award this year for her novel in progress A Woman of Interest. 12. Secure funds and administer Special Project Grants a. Special Project Grants are privately funded and made possible, in part, by the BOCC funds b. The purpose of a Special Project Grant is to provide short-term support to vital, creative projects that do not fit into the other grant categories. c. Bruce Neff received a grant for his Gato Cigar Makers Cottage project in Key West this year. d. Bounce and Karen Grant-Margil received a grant for their Juggling & Balancing workshops and performances at seven schools throughout Monroe County. e. Jennifer Martin received a grant for her project Painting Nature — Nature Painting of historical prints of the Seven Mile Bridge on highway US 1. 13. Secure funds and administer South Florida Cultural Consortium Visual & Media Artists Fellowships a. FKCA partners with the arts councils of Dade, Broward, Martin and Palm Beach counties to present the annual South Florida Cultural Consortium (SFCC) Visual & Media Artists Fellowships. b. SFCC Visual & Media Artists Fellowships are funded by the county governments of Dade, Broward and Palm Beach counties. Monroe's participation is made possible, in part, by the BOCC funding. c. To date, Keys' artists have received over $100,000 in these awards. d. Visual artist, Karley Klopfenstein of Key West received the 2009 $15,000 fellowship. 14. Secure funds and administer a band camp scholarship a. Scholarship is privately funded and made possible, in part, by the BOCC funds b. This year's awards of $350 each went to two deserving students residing in Monroe County Housing Authority's East Wind Apartments in Marathon. 15. Secure funds and administer Cultural Umbrella grants a. Cultural Umbrella grants are funded by tourist -tax dollars b. Cultural Umbrella grants are designed to encourage cultural tourism in the Keys by drawing new visitors for cultural events or encouraging visitors to extend their stay 2 c. CU committee members serving during 2009/2010 were Sherry Philips (chair), Bob Sandifer, Chris Sante, Marianne Motches and Bunnie Smith d. $670,800 was awarded in the most recent fiscal year. i. 30% is spent on generic cultural advertising ii. 70% is available for grants. e. These organizations received funding last year: i. Florida Keys Art Guild, ii. Florida Keys Birding &Wildlife Festival iii. Florida Keys Community Concert Band, iv. Upper Keys Business Group, v. The History of Diving Museum, vi. Marathon Community Theatre, vii. Marathon Garden Club, viii. Middle Keys Concert Association, ix. National Council for the Traditional Arts, x. Pigeon Key Foundation, xi. Lower Keys Artists Network, xii. Lower Keys Chamber of Commerce, xiii. No Matter What Productions, xiv. FKCC Keys Chorale, xv. Key West Art & Historical Society, xvi. Key West Art Center, xvii. Key West Council on the Arts, xviii. Key West Film Society, xix. Key West Harry S. Truman Foundation, xx. Key West Innkeepers Association, xxi. Key West Literary Seminar, xxii. Key West Players/Waterfront Playhouse, xxiii. The Key West Pops, xxiv. Key West Symphony Orchestra, xxv. Mel Fisher Maritime Heritage Society, xxvi. Old Island Restoration Foundation, xxvii. Paradise Ballet Theatre Presenters, xxviii. Performing Arts Centers of Key West, xxix. Red Barn Theatre, xxx. Sculpture Key West, xxxi. St. Paul's Episcopal Church, xxxii. The Studios of Key West 16. Partner with TDC, and secure tourist tax and non -county funds such as grants, ad revenue and private donations to support publications of benefit to tourists as well as residents: a. Gallery Guide i. The Gallery Guide is a popular fold -out map and guide to about 50 Keys' galleries. All galleries are eligible to participate by sharing in the cost of production. ii. 30,000 copies are distributed annually to over 200 Keys' locations, including many hotels and guesthouses. 7 iii. The Gallery Guide is also included in national and international press kits, and distributed at travel trade shows. b. KeysArts Quarterly Cultural Events Brochure i. KeysArts is a printed cultural calendar listing all the cultural events such as plays, concerts and art shows going on in the Keys in a three month period. ii. 32,500 copies are distributed annually to over 200 Keys' locations iii. KeysArts is also included in national and international press kits, and distributed at travel trade shows. c. Culture Magazine i. Culture Magazine is an annual insert in the In -Room Concierge ii. It is produced by Tinsley Advertising, with content from FKCA iii. In addition to the insert, free-standing copies are printed and distributed locally, as well as in national and international press kits, and distributed at travel trade shows. 17. Maintain website http://www.keysarts.com a. FKCA's website provides complete information for visitors and residents about arts and culture in the Keys, from Key Largo to Key West b. It provides the cultural content for the TDC website via a direct link c. It provides contact information and direct links to all cultural organizations in the Keys d. It provides details about FKCA and its vision, mission and services e. Governing documents such as the articles of incorporation, bylaws and annual audits are posted f. Board and staff members are listed g. Cultural Umbrella and Art in Public Places committee members are listed h. All grant applications and instructions are available for download i. The Cultural Calendar is posted and e-mailed to members and the public on a weekly basis along with other timely arts information in an attractive newsletter format j. Calls to Artists are posted k. Interactive Artists Registry is available 1. Press releases are posted m. Art in Public Places installations are posted. 18. Compile, write, edit and publish cultural calendars and calls to artists in various formats a. Gather and edit cultural information by phone, mail and e-mail with visual, literary and performing artists, cultural and community organizations, and other members of the public b. Coordinate with advertising, printing, public relations, webmaster and internet providers as needed to maintain product quality. c. Conduct environmental scanning of newspapers and websites including, but not limited to, www.fla-keys.com and www.keysnews.com d. Send cultural calendar and calls to artists to 15 local print publications weekly e. Send to Stuart Newman Associates weekly f. Post on www.keysarts.com. twice a month 8 g. Send by e-mail to opt -in subscriber list weekly h. Compile, edit and route information for use in KeysArts, Culture Magazine and various regional and national calendars, publications and websites 19. Recruit and retain members a. Recruit new members in person and via mail campaigns b.Create annual campaigns for new friends of the arts c. Create annual renewal campaign for current members d.Compose solicitation letters and a -mails e. Manage design, printing and mailing of these campaigns f. Maintain database in Access g.Enter new friends' data and track renewals h.Synchronize Access with Constant Contact e-mail software i. Write and send thank you letters promptly j. Correspond with donors k.Manage special events like membership parties and fundraising events 1. Attend committee meetings as needed in. Coordinate design of invitations n.Secure printing bids o.Manage mailings p.Plan, coordinate, borrow, buy, rent, haul and install decor, refreshments, coolers, ice, food, beverage, chairs, tables, tablecloths, art and print materials as needed 20. Perform general office tasks a. Answer phone, greet public b. Respond to inquiries by phone, fax, mail, e-mail and walk-ins from artists, organizations and members of the public c. Maintain prompt, courteous communications with public and cultural community; d. Maintain files and keep office organized. e. Ensure smooth daily operations of FKCA. f. Order and maintain supplies and equipment. g. Handle routine correspondence; prepare outgoing mail for mailroom; pick up and open incoming mail. h. Secure meeting and workshop sites and facilities, provide calendar to board monthly of upcoming meetings. 21. Bookkeeping a. Make weekly deposits and write checks b. Pay Payroll including 941, Florida U.C. and 403(b) payment c. Perform Checking, Merchant and Investment account reconciliations d. Monitor investment accounts e. Request and manage County reimbursements f. Track expenses to grants g. Collect and report sales and sales tax statistics. h. Report on use of license tag funds i. Invoice and process payments i. KeysArts Ads ii. Gallery Guide Listings j. Perform W2 and 1099 reports at calendar year end k. Compile information for annual audit at fiscal year end 1. Prepare materials; m. Work with CPA to make journal adjustments, n. Review files and compile information, o. Prepare tax forms as needed, p. Review 990 q. Maintain files of accounts payable and accounts receivable. r. Maintain computer programs on budget accounts, accounts payable and accounts receivable. SUMMARY The Florida Keys Council of the Arts is a non-profit, 501(c) (3) corporation serving a public purpose. It has been in a contractual relationship with local county government since 1997. FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is an important component of the tourist -based economy. Additionally, FKCA serves local residents including school children and the elderly. FKCA connects local artists and arts organizations with one another, with their audiences and with the world. It serves 76,329 local residents and three million visitors annually. A nine -member board of directors guides the council, assisted by three alternate directors, two directors emeritus and twenty-one advisory board members. Daily functions are carried out by the president/executive director, staff, and valued volunteers. FKCA is incorporated with the State of Florida and recognized by the IRS as the Monroe Council of the Arts Corporation, dba Florida Keys Council of the Arts, FEIN 65-0737532. Governing documents, including the articles of incorporation, bylaws, board handbook and five-year plan are available for review on the arts council's award -winning website, www.keysarts.com. FKCA funding is provided by the Monroe County Board of County Commissioners, the Tourist Development Council, members, donors, private donations and grant makers; including the Community Foundation of the Florida Keys, the South Florida Cultural Consortium, the State of Florida, Department of State, Division of Cultural Affairs, the Florida Arts Council, and the National Endowment for the Arts. 10 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." Contract -Florida Keys Council of the Arts FYI 1; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE M01 OL CaunU� of ALs 14nr . 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 ee, commission, percentage, gift, or consideration paid to the former County officer qnployee. , — A signatu Date: L--/Q - AZ� - l O STATE OF �Or� COUNTY OF Mw�ros�— 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 oZ `��^ day of 201D cc NOTARY PUBLIC My commission expires: S- IS-. t�,{ OMB - MCP FORM #4 a llotary Public State of Florida Andrea Comstock My Commission D0970959 Expires 05/15/2014 Contract -Florida Keys Council of the Arts FYI 1; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Sy\0cV_02 C'ou�La� 0� Co( - (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statemenrtify that this firm complies fully with the t, I above requirements. _ _ r- ^ 4 STATE OF � io (-JC.- COUNTY OF M bA(-o(2-- Sidnaturk of Rebpondent q - I o Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, �=das-� who, after first being sworn by me, (name of individual signing) affixed hi er signature in the space provided above on this day of SQD�Pr-.API , 200 0. My commission expires: PUBLIC RliR State of Florida stock ion DD970959 512014 Contract -Florida Keys Council of the Arts FYI 1; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Big Pine Athletic Assoc. Effective Date:10/01/10 Expiration Date:9 30 11 Contract Purpose/Description: provides funding for youth programs for children of Monroe Count Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $44,000.00 Current Year Portion: $44,000.00 Budgeted? Yes® No ❑ Account Codes: 001-01515-530340- - Grant: $0.00 - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $___Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Chan D t In Need Division Director /6 WO Yes[]N Risk Manag�ment�p)o�f� Yes❑ N O. M. B./Pu cha!N g� i t O Yes❑ N ges Date Out eed evi wer `7`_6� County Attorney N "I, Z) Yes❑ Nop � ��� ,�Q / � �So 8 oi�ID Comments: OMB Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Big Pine Athletic Association, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, and WHEREAS, it is a legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY-FOUR THOUSAND AND NO/100 DOLLARS ($44,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract-BigPineAthleticFY11; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. 0) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract-BigPineAthleticFY11; page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court Contract-BigfteAthleticFY11; page 3 order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. Contract-BigfteAthleticFY11; page 4 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract-BigPineAthleticFY11; page 5 GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Scott Wade, Executive Director Big Pine Key Athletic Association P. O. Box 430089 Big Pine Key, Florida 33043 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract-BigPineAthleticFY11; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-BigPineAthleticFY11; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Big Pine Athletic Association, Inc. (Federal ID No By President M0^ Pam. :rw r+ t ` TO F0Ri'1 C4HRi8'iF!1'14'E- ki. !J,�,6PR-F-LBARROWS Contract - Big Pine Athletic FY11; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 211 Deputy Clerk Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA VA Mayor/Chairman Big Pine Athletic Association, Inc. (Federal ID No..59— ZZ ss ;? O ) By Presi ent Contract-BigPineAthleticFY11; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract-BigPineAthleticFY11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract-BigfteAthleticFY11; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (_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) 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 200_ by who is personally known to me. Notary Public Notary Stamp Contract-BigfteAthleticFY11; page 11 ATTACHMENT C The Big Pine Athletic Association (BPAA) is a 501 c 3 non- profit organization that provides organized sports programs as well as other activities for youth and adults including but not limited to after school programs, summertime activities, recreation programs, Operating the Blue Heron Park youth center and scheduling Blue Heron Park and Watson Field for such activities. Sports Programs - Baseball/Softball Football Swimming Soccer Bocce 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." Contract-BigfteAthleticFY11; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE /7 Ssoc. 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 O F COUNTY OF \ V`Ov1, u bJ. PERSONALLY APPEARED BEFORE ME, the undersigned authority, - "-'�4k- � - who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this CP'"— day of 20t0 NOTARY PUBLIC My commission expires: E�i-le N"+3ry°ubhc State of Ftodda S FecWOMB -MCP FORM #4"^ycI�mmission DD960oaoExpreS 03/23/2014 Contract-BigfteAthleticFY11; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: .8Zj Ate' JG_ /�THLbl/C 55'oc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF (Signature of Respondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, S C--o"ff c, tl Q- who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of 0 , 2001. NOTARY PUBLIC My commission expires: EKRD er to of Floridan D gg014C 0040 Contract-BigfteAthleticfY11; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Heart of the Keys Recreation Association CONTRACT SUMMARY Contract # Effective Date:10/01/10 Expiration Date:9 30 11 Contract Purpose/Description: provides funding for youth programs for children of Monroe County Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on 10/20/10 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $30,400.00 Current Year Portion: $30,400.00 Budgeted? Yes® No ❑ Account Codes: 001-01514-530340- - Grant: $0.00 - - - 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 Da I Needed ��evter Division Director / /0 Yes❑ NoO� �1 /Q Risk Mana��g ment , �� Yes❑ No� (6 0 O.M.B. Pu�r�c�0 a��ih A Yes❑ No� / N���� County Attorney �+J3UO Yes❑ No[}l rjdjQ?n �� Comments: OMB Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and HEART OF THE KEYS RECREATION ASSOCIATION, INC., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, and emotional growth, and WHEREAS, it is a legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, and emotional growth, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for activities for the wholesome development of youths' personal, social, physical, and emotional growth in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND, FOUR HUNDRED, AND NO/100 DOLLARS ($30,400.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Heart of the Keys Recreation FY 11; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract - Heart of the Keys Recreation FY 11; page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court Contract - Heart of the Keys Recreation FY 11; page 3 order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - Heart of the Keys Recreation FY 11; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract - Heart of the Keys Recreation FY 11; page 5 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Anthony Culver, Executive Director Heart of the Keys Recreation Association, Inc. 810 33rd Street Marathon, Florida 33050 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract - Heart of the Keys Recreation FY 11; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Heart of the Keys Recreation FY 11; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Heart of the Keys Recreation Association, Inc. (Federal ID No. By President 0 F R y ORN!Y 4014�� D', �a Contract - Heart of the Keys Recreation FY 11; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Heart of the Keys Recreation Association, Inc. (Federal ID No. By.Al.1" `�I If Presiden 6�6�,.7/7,/ Contract - Heart of the Keys Recreation FY 11; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - Heart of the Keys Recreation FY 11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Heart of the Keys Recreation FY 11; page 10 ATTACHMENT S 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 who is personally known to me. Notary Public Notary Stamp 200_ by, Contract - Heart of the Keys Recreation FY 11; page 11 r Attachment C Services to be provided: Organization's Name: Heart of the Keys Recreation Association, Inc. aka Marathon Recreation Center Executive Director: Anthony Culver Location: 810 33`d Street Gulf Marathon, FL 33050 (305) 743-4164 marathonreccenter�comcastnet Ages of children served: 8 yrs. to 18 yrs. old Days of Operations: 3pm — 6pm or 11:30 am — 6 pm (Early Release Days) Sam — 5 pm & 7-10 pm Summer program hours Various times for other programs & activities The Marathon Recreation Center is a 501 c3 non-profit organization that provides a safe and drug free environment for the youth of the Middle Keys. The services provided under this contract are listed below: After school program Homework Assistance & academic improvement programs Basketball games & instruction Volleyball games & instruction Flag Football games & instruction Kickball games & instruction Dodge -ball games & instruction Book Club & Spelling Bees Board Games & other Recreational Activities Billiards/pool Table Hockey Ping pong Shuffleboard Horse Shoe games Playstation video games Arts-n-crafts Fashion and Design Club Movies Cheer and Dance Performance Team Theme Dances for Teens Fun Night events for elementary ages Educational & Recreational Field Trips Talent Show Fashion Show Dance Fitness Class Adult Aerobics Community meetings & events i.e.; Marathon Youth Club functions, Red Cross, MHS Clubs and fundraising events Volunteering for community projects and events i.e.; Relay for Life, etc. 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." Contract - Heart of the Keys Recreation FY 11; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warfants 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 ployee. (signature) Date: - �E —1 STATE OF )�� COUNTY OF MC) C j-c.� 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 C'-0 day of 20 U NOTARY PUBLIC My commission expires: ..�........,..., 1 ;ion RY P �aCAROL A. BETANCOURT - Notary Public - state of Florida OMB - MCP FORM #4 J .o``c My Comm. Expires Dec 1, 2013 Commission # DD 943689 Contract - Heart of the Keys Recreation FY 11; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: �,2 (Name of Business 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I i hat this firm complies fully with the above requirements. STATE OF ��� (Signature of Respondent) COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, individual si nin Taq~ axed who, after first being sworn by me, (name of 9 g) his/h`er signature in the space provided above on this day of ` - "r , 200 lei _C_�1._ n�C_ a 1-4— My commission expires: NOTARY PUBLIC "W,r" CAROL A. BETANCOURT r • ` = Notary Pubtic State of Florida _ •. My Comm Expires Dec 1, 2013 9tf pr Commission # DO 943689 Contract - Heart of the Keys Recreation FY 11; page IS MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Be the Change of the Effective Date: 1 01 1 I rida Keys Inc./Kids ComeFirs , I" yeAy-) W--'tkS � s W/A �� ��� i Expiration Date: 9 30 1 Contract Purpose/Description: provides funding for Kids Come First Drogram to provide clothing school supplies and other items to disadvantaged children Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $25,000.00 Current Year Portion: $25,000.00 Budgeted? Yes® No ❑ Account Codes: 011- 01537 - 0 40- - Grant: $0.00 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 Da In /Q d Needed (D4ev*iL& Yes❑ No©-/ ��Q Risk Management Yes❑ NoQ O.M.B./Purchasing 0 -S-+O Yes❑ Nod 10 / CountyAttorney y �� � ` � 0 Yes❑ No® # Comments: OMB Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20TH day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Be the Change of The Florida Keys, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of clothing, school supplies, and other necessary items to disadvantaged children in Monroe County. WHEREAS, it is a legitimate public purpose to provide facilities and services related to provision of services to disadvantaged children, such as providing clothing, school supplies and other necessary items, etc. IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services related to provision of services to disadvantaged children such as the provision of clothing, school supplies, and other necessary items, and the cost of insurance for the supply van, in Monroe County, Florida, shall pay to the PROVIDER the sum of TWENTY-FIVE THOUSAND AND NOJ100 DOLLARS ($25,000.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Be the Change of the Florida Keys -Kids Come First -FYI 1; page I 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds Provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shah include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract - Be the Change of the Rwida Keys -Kids Come First-FY? i; page 2 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Contract - Be the Change of the Florida Keys -Kids Come Fust-FYI1; page 3 Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Contract - Be the Change of the Florida Keys -Kids Cartes FYi i; page 4 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Contract - Be the Change of the Fonda Keys -Kids Come First -FYI 1, page 5 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Marc Todaro Be the Change of the Florida Keys, Inc. P O Box 1788 Key West, FL 33040 305-296-3430 305-797-0190 305-294-4528 FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Be the Change of the Honda Keys -Kids Come First -FYI I; page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Be the Change of the Florida Keys, Inc. (Federal ID No. By President MONROE C0UN T Y ATTO�P1E`: APF'ROVED AS TO FORM: CHRISTit~EE NI. LINIBE"R`i'-BARROWS ASStSTA€VT COUNTY AT T C}RN Y Date 11"44 l i n Contract - Be the Change of the Florida Keys -Kids Come First-FY11; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk No. ) Witness 4�& Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By- Mayor/Chairman Be the Change of the Florida Keys, Inc. (Federal 27-2954217 By Presfnt ID Contract - Se the Change of the Florida Keys -Kkfs Come Ffrst--FY11, page 7 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. �ContraCt-rBeahe.IhangeotfhsFlorida=Keys=Kids=Come=Fft tFYJ,1;_p4gp_$ A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Be the Change of the Florida Keys -Kds Come FkSt-FYI1, page 9 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,) XX.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) $__X1XX? )CX 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 organizations 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 is personally known to me. Notary Public Notary Stamp 200_ by who Contract - Be the Change of the Florida Keys -Kids Come First-FYI1; page 10 ATTACHMENT C Services to be provided: Services will include the provision of school and personal supplies to children in Monroe County, and the staffing to operate the program. 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." Contract - Be the Change of the Florida Keys -Kids Come First -FYI I; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 1 �� �rtir��cr / �u ��✓�% warrants that he/'it has not employed, retained or otherwise haV acL4on 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. 41��e_ I 1 1-1 1 (signature) Date: � `V%/0 STATE OF �—_ to ri QA COUNTY OF a0-&rZ'r - PERSONALLY APPEARED BEFORE ME, the undersigned authority, Qry-, I GrJQ C7 who, after East Ming sworn by me, affixed his/her signature ` (name of individual signing) in the space provided above on this 14 f day of , 2010 . &I V NOTARY PUBLIC My commission expires: CONNIE BACHER Notary Public - State of Florida OMB -MCP FORM #4 -'MyCorranissionExpiresDec7,2oto a,® COMmisslon tt DD 621050 �5,d a Bonded TWm* NAional Notary Assn. Contract - Be the Change of the Florida Keys -Kids Come First -FYI 1; page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: , BQ_ --Tke- CkC__)%e_ OC 4�, (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere Lo, any violation of Chapter 8y3 (Florida S-Latutesj 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. STATE OFOOn' C-A COUNTY OF V ' ( ign atu e of Respondent) 0 - L{ i') Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 4 day of ✓ , 2000. i My commission expires: NOTARY PUBLIC .,.Y."PME E BACNR Y P`.,,, CO+<< Notary Public - State of Florida * . c My Commission Expires Dec 7, 2010 ,ornmission # DD 621050 i1NOt*i��i0ttai.ti9i�As=srL Contract -Be the Change of the Florida'Keys -Kids Come First Y,1, Page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: YMCA of Greater Miami, Effective Date:10/01/10 Inc., Upper Keys Branch Expiration Date:9 30 11 Contract Purpose/Description: Provides funding for youth programs, such as after -school care, summer camp, and sports leagues for young people in the Upper Keys/Key Largo areas at the Key Largo Park. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $11,400.00 Current Year Portion: $11,400.00 Budgeted? Yes® No ❑ Account Codes: 001-01517-530340- - Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Da;ee In Division Director I1--r- 7--54D Risk Manage ent O.M.B. Purchasin / g l f- l-10 County Attorney Comments: CONTRACT REVIEW Chano-- Need Yes❑ N Yes❑ N Yes❑ N Yes❑ NoM ui in rorm Kevisea y/11/y5 mup #xZ Date Out S�1'f fcv -011 8 a15 /D AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or `County," and The Young Men's Christian Association of Greater Miami, Inc. d/b/a YMCA of Greater Miami, hereinafter referred to as "Provider." WHEREAS, the Provider is a not -for -profit corporation that provides youth programs, and WHEREAS, it is a legitimate public purpose to provide youth programs, such as after -school care, summer camp, sports and tennis at the Key Largo Community Park, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for activities for the wholesome development of youths' personal, social, physical, and emotional growth in Monroe County, Florida, shall pay to the PROVIDER the sum of ELEVEN THOUSAND, FOUR HUNDRED, AND NO/100 DOLLARS ($11,400.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. Contract - YMCA Upper Keys FY11; page 1 RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract - YMCA Upper Keys FY11; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract - YMCA Upper Keys FYI1; page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. Contract - YMCA Upper Keys FY11; page 4 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract - YMCA Upper Keys FY11; page 5 GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Executive Director Steve Gimenez, COO YMCA OF GREATER MIAMI, INC. 1200 NW 78 Ave Suite 200 Miami, FL 33126 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract - YMCA Upper Keys FY11; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - YMCA Upper Keys FY11; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman YMCA of Greater Miami, Inc. (Federal ID No By President Contract - YMCA Upper Keys FYI1; page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK 0 Deputy Clerk Witness Witness Contract - YMCA Upper Keys FYI1; page 8 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman YMCA of Greater Miami, Inc. ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract - YMCA Upper Keys FY11; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m, for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - YMCA Upper Keys FY11; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( 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 who is personally known to me. Notary Public Notary Stamp 200_ by Contract - YMCA Upper Keys FYI1; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) The YMCA's programs incorporate the core values of respect, responsibility, caring, and honesty; through these values we are able to assist each child in making positive lifetime decisions. Programs offered include: After -school programming, summer camp, school recess camp, and youth sports. Contract - YMCA Upper Keys FY11; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - YMCA Upper Keys FY11; page 13 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: /CZli// C1 STATE OF T�G�t 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 L My commission expires: ; QL t OMB - MCP FORM #4 Contract - YMC4 Upper Keys FY11; page 14 DOW F s a; q Syr 4 W, DD %689a EXPIRES: February 5, 2014 Bonded Ttn Notary pto* LkW,"ft, DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF 1�( C,Cj COUNTY OFF (Signature of Respondent) /z)L //L Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, V�tk - � L4 t Q U_�\ c_ � who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of� } My commission expires: NOTARY PUBLIC �f v t �t MY COMMIS" f DO 956894 EXPIRES: Fabnmry 5, 2014 ;p f horded It" Notary Pet6c udeawrf6ata Contract - YMCA Upper Keys fY11; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Historic Florida Keys Effective Date:10/01/10 Foundation Expiration Date:09/30/11 Contract Purpose/Description: Provides fundinci for services which develop coordinate and promote historic preservation in Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) nda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $28,500.00 Current Year Portion: $28,500.00 Budgeted? Yes® No ❑ Account Codes: 001-530340- - Grant: $0.00 4N. (rZ_- - County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Da n Division Director /U Risk Manag nt k)---2- 0 O.M.B./Pur asing 1-4—lp County Attorney t�Lqo--� Comments: CONTRACT REVIEW Chan Need Yes❑ N Yes❑ N Yes❑ N iesi Date Out -. _Re e146-110 we Rr'_► ftj - � •�� ,i 'lit � '-- � .�..._ 1 ice.: � OMB Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 20th day of October, 2010, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Historic Florida Keys Foundation, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to develop, coordinate, and promote historic preservation in Monroe County, Florida, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the development, coordination, and promotion of historic preservation, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the development, coordination, and promotion of historic preservation in Monroe County, Florida, shall pay to the PROVIDER the sum of TWENTY-EIGHT THOUSAND, FIVE HUNDRED, AND NO/100 DOLLARS ($28,500.00) for fiscal year 2010-2011. 2. TERM. This Agreement shall commence on October 1, 2010, and terminate September 30, 2011, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Historic Florida Keys Fndn FY11; page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization"s Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (j) Final Performance Report describing services rendered during the current grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES Contract - Historic Florida Keys Fndn FY11; page 2 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Contract - Historic Florida Keys Fndn FKtl; page 3 court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or Contract - Historic Florida Keys Fndn FYI1; page 4 event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any Contract - Historic Florida Keys Fndn FY11; page 5 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. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party as follows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Diane Sylvia, Executive Director Historic Florida Keys Foundation 510 Greene Street Key West, Florida 33040 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Contract - Historic Florida Keys Fndn FYI1; page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Historic Florida Keys Fndn FY11; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk BOARD DFCOUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA By Historic Florida Keys Foundation (Federal lDNo. -39 President A �T'0F0RK1 Contract - Historic Florida Keys F»dnFY11; page IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Historic Florida Keys Foundation (Federal ID No.9 —0l3SS g'-}- I } By,Z-�---.-. ` President Contract - Historic Florida Keys Fndn FY11; page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Contract - Historic Florida Keys Fndn FY11; page 9 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 and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract - Historic Florida Keys Fndn FYI 1; page 10 ATTACHMENT" 6 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 who is personally known to me. Notary Public day of Notary Stamp 200_ by Contract - Historic Florida Keys Fndn FY11; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) � C"�o h �-- � 1r�� t�i � `"_�C"i O ►-� t ►^� %�4 h�r-O C_.. �S� v h.'�' � � Contract - Historic Florida Keys Fndn FY11; page 12 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide 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." Contract - Historic Florida Keys Fndn FY11; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE TJ : a., E • 41 6V-T, r-z4, - S -A-to-warrants that he/it has not employed, retained or therwise had act on his/its behalf any former County officer or employee in violation of Section 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 -F (O r-i &r,--- COUNTY OF Kg)►- o -P . PERSONALLY APPEARED BEFORE ME, the undersigned authority, �I/V- let., who, after first being sworn by me, affixed his/her sign ure ame f individual signing) in the space provided above -on this day of r , 20. My commission expires: i OMB - MCP FORM #4 YANISLEIOIS RODRIGUEZ Notary Public - State of Florida My Comm. Expires Sep 20, 2013 "� ?r Commission # DO 926610 Bonded Through National Notary Assn. Contract - Historic Florida Keys Fndn FY11; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 'C'..,-- t Slin r t c.. O h (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF Flo c'i COUNTY OF MOhc'O�. (Signature of Respondent) Z&1:/10 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed hi herrsignature in the space provided above on this day of / , 200D. n NOTAR Contract - Historic Florida Keys Fndn FY11; page 15 My commission expires: O �� ��ot rP o, NYANISLODIS RO �IGtJE7 • �- otar t = y Public - State of Florida �} Y Comm. Expires Sep 20, 2013 . M '',FOF Ftq"' Commission # DO 926610 Bonged Throu gh NaUonat Notary Assn. I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Upper Keys Community Pool Inc Effective Date: 10 01 10 Expiration Date:9 30 11 Contract Purpose/Description: provides funding for pool operation Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 4444 OMB/Grants (Ext.) (Department) enda Deadline: Total Dollar Value of Contract: $180,000.00 Current Year Portion: $180,000.00 Budgeted? Yes® No ❑ Account Codes: 147-20531-530340- - Grant: $0.00 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 Da n Needed Re i wer Division Director AMCt Yes❑ No Risk Mana a ent 1�C� Yes / gYes❑ No� O.M.B. Purchasin County Attorney-jj Yes❑ No � Comments: -- i vi I I I r\cv iacu 7/ 11/ 7J 1-1l-r * z IS M AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this 20th day of October, 2010, between Monroe County (hereinafter "County") and Upper Keys Community Pool, Inc., d/b/a Jacobs Aquatic Center of Key Largo (hereinafter UKCP). WHEREAS, on December 14, 2000, the parties entered into a twenty-year lease, commencing on the date of the agreement, of a parcel of land at the Key Largo Community Park; and WHEREAS, said lease obligated UKCP to provide for construction of a swimming pool and related facilities; and WHEREAS, said lease required UKCP, upon obtaining a certificate of occupancy for the pool and related facilities, to continuously maintain the pool and its water quality as well as operate the pool and related facilities in accordance with all laws and regulations applicable to such facilities and operations; and WHEREAS, said lease set forth numerous requirements which included maintenance, repairs, daily hours open to the general public, presence of trained lifeguards, and a percentage of revenues to be set aside for pool operations, upkeep, maintenance and repairs; and WHEREAS, said lease provided that the County may, but is not obligated to, appropriate revenue from any lawfully available source for construction, repair, maintenance and operations; and WHEREAS, County has provided funding for capital costs and utilities via separate contracts dated March 22, 2001, July 17, 2002, February 19, 2003, December 17, 2003, and March 17, 2004; and WHEREAS, County has provided funding for operations via lease amendments dated April 20, 2005, October 19, 2005, October 18, 2006; and October 17, 2007, and WHEREAS, UKCP has provided and operated the pool, but requires funding for operations; and WHEREAS, County has deemed it in the best interests of the residents and general public to provide additional monies for operations, maintenance and all other obligations imposed upon UKCP by the lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, October 18, 2006, and October 17, 2007; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, and October 18, 2006, and October 17, 2007, is hereby amended as follows: A. A new paragraph, Paragraph 15A, shall be added to read: Contract%20-%20Upper0lo20Keys%20Community%20Pool%20FY11 [1 ]; page 1 15. Commencing October 1, 2010, and ending September 30, 2011, County shall pay UKCP an amount not to exceed $180,000.00, payable up to $15,000.00 per month, upon submission to the County Clerk of an invoice with supporting documentation acceptable to the Clerk to document the performance of the agreement and expenses as incurred. Payment shall be made on a reimbursement basis except for those items which UKCP specifically identifies and requests in writing be paid by the Direct Vendor method. 2. The remaining provisions of the lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, and October 18, 2006, and October 17, 2007, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk t BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Upper Keys Community Pool, Inc. (Federal ID No. 65-0760704 ) By President Contract%20-%20Upper%20Keys%20Community%20Pool%20FY11[1], page 2 ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract%20-%20Upper0lo20Keys%20Community%20Pool%20FY11[I]; page 3 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract%20-%20Upper%20Keys%20Community%20Poo1%20FY11[I]; page 4 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 who is personally known to me. Notary Public day of 200_ by Notary Stamp Contract%20-%20Upper%20Keys%20Community%20Pool%20FY11[I]; page 5 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Upper Keys Community Pool, d/b/a Jacobs Aquatic Center, a 501 © 3 corporation registered in Florida agrees to manage, maintain, promote and program Jacobs Aquatic Center in Key Largo, FL. Duties will include but not limited to: scheduling of the center for the public's benefit, maintain facility in compliance with all necessary laws and regulations, retain and maintain all financial records for inspection and promote a safe, drug free workplace. Contract°1o20-%20Upper°1o20Keys%20Community%20Poolo/o20FY11[1]; page 6 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." Contract%20-%20Upper%20Keys%20Community%20Pool%20FY11[I]; page 7 15. Commencing October 1, 2010, and ending September 30, 2011, County shall pay UKCP an amount not to exceed $180,000.00, payable up to $15,000.00 per month, upon submission to the County Clerk of an invoice with supporting documentation acceptable to the Clerk to document the performance of the agreement and expenses as incurred. Payment shall be made on a reimbursement basis except for those items which UKCP specifically identifies and requests in writing be paid by the Direct Vendor method. 2. The remaining provisions of the lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, and October 18, 2006, and October 17, 2007, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Upper Keys Community Pool, Inc. (Federal ID No. President Contract - Upper Keys Community Pool FYI1; page 2 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Upper Keys Community Pool Inc.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:_ � � r STATE OF f" 1 bh ?Vk- COUNTY OF F— Vj M:c PERSONALLY APPEARED BEFORE ME, the undersigned authority, Janes e6'1 It h 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 4NTA`RkB8C My commission expires: .� ; Y KELL.1 D. CUPPETT '= MY COMMISSION # DD803961 OMB - MCP FORM #4?«� EXPIRES Daly 07, 2012 (407) 348.0153 b deNotaryBery ce,opm Contract%20-%20Upper%20Keys%20Community%20Pooi%20FY11 j2J; page 8 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Upper Kevs Community Pool Inc (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement,4na that this fir complies fully with the above requirements. r- STATE OF Florida fure of Respondent) COUNTY OF Monroe o< F cX J D Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, James Boilini who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this ' > day of � , 201 �. c My commission expires:F(407)?V9""153 KELL! D. CUPPETT COMMISSION # DD803961NOTARY PUBLICEXPIRES July 07, 2012FIo dallotaryServlce.com Contract%20-%20Upper%20Keys%20Community%20Pool%20FY11[2]; page 9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Bulk Item: Yes X No Division: County Administrator Staff Contact Person: Lisa Tennyson Phone #: 292-4444 AGENDA ITEM WORDING: Approval of Grant Agreement from Florida Energy and Climate Commission (Grant #ARSO10). This includes small changes to previously approved grant which are required by the State of Florida. ITEM BACKGROUND: See below. PREVIOUS RELEVANT BOCC ACTION: In September 15, 2010, the BOCC approved the Grant Agreement for Grant #ARSO10, subsequently the State of Florida made minor changes which must be approved by the BOCC. CONTRACT/AGREEMENT CHANGES: The changes are: Page 7, the exact cost for the hybrid vehicles was removed because quotes may change the prices; EECS was capitalized throughout the document; Objective 5 was changed to read developing "and implementing" the EECS; all sections referring to "hiring a consultant" was changed to "select a consultant" or "select a vendor" following the procedures of federal statute; the name of the hybrid model was removed in case the County is able to find a better option. STAFF RECOMMENDATIONS: Approval TOTAL COST:$3,290,185 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $353,548 (in -kind only) SOURCE OF FUNDS: Grant #ARSO10 REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty ��f- c asing Risk Management1 DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # ARS010 Contract with: Florida Energy and Climate Effective Date: November 1, 2010 Commission Expiration Date: April 30, 2010 Contract Purpose/Description: The grant includes partnership participation with the City of Key West the City of Marathon, Islamorada and various for -profit and non-profit corporations The grant will require matching from all the partners: however, the matching may be in the form of "in -kind" matching rather than financial matching. The grant includes the provision that Monroe County and the partners be reimbursed from the grant. The partners will enter into agreements with the County to solidifv their obligations under the grant. Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting on 10/20/10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $3,290,185 Current Year Portion: $ Budgeted? Yes X No ❑ Account Code: Grant: $2,687,288 County Match: $353,548 (in -kind only) ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (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 _ Da In Needed %a DYes❑ No[C.�evV.er C (c) Yes❑ NoEj,,/ —� Yes[-] Yes❑ NoEjj V viva rorm rcevisea w-i-ui io mVr ?F/ Date Out /S/" Q 10-S-(0 1915llo pNA) CHARLIE CRIST GOVERNOR STATE OF FLORIDA ®ffirr of for Oobrrnor THE CAPITOL TALLAHASSEE, FLORIDA 32399-0001 www.flinov.com 850-488-7146 850-487-0801 fax October 1, 2010 Ms. Lisa Tennyson Monroe County, Office of Management and Budget 1100 Simonton Street, Suite 2-260 Key West, FL 33040 Dear Ms. Tennyson: Enclosed with this letter is Grant Agreement #ARS010 between the Monroe County Board of County Commissioners and the Florida Energy & Climate Commission. Please obtain the appropriate signatures on each (2) copy, and return them within seven days to the Florida Energy and Climate Commission. When the agreement has been fully executed by both parties, a copy of the final document will be mailed to you for your files. If you have any questions about the agreement, or will require additional time to obtain signatures, please call Ms. Mandy Norman at (850) 414-8524. Sincerely, A" Wxk Alexander Mack, Program Administrator Florida Energy & Climate Commission ENCLOSURES SUMMARY OF ENERGY EFFICIEINCY COMMUNITY BLOCK GRANT GRANT # - ARSO10 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 GHG Inv., Lights Solar Park Lighting Key West $745 Marathon $400 Islamorada $400 $94 $839 $107 $507 $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 Keys Energy Conservation Initiative. In consideration of the promises and mutual agreements contained herein, the Commission and the Grantee acknowledge and agree as follows: I . The United States Department of Energy (USDOE) awarded funding to the Commission pursuant to USDOE through American Recovery and Reinvestment Act (ARRA) 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 March 31, 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 $602,896 toward the project described in Attachment A, Grant Work Plan. All cost sharing or match shall meet any applicable 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 Plan, 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 above. Any such modification would be by formal written amendment, in accordance with Section Grant Agreement No. ARS010, Page 1 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 http://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. 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. 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 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 Grant Agreement No. ARS010, Page 2 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 party 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 14.17. 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 14.17. 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 14.17. 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. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. Grant Agreement No. ARSO10, Page 3 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 -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. Grant Agreement No. ARS010, Page 4 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 1, 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. 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 Grant Agreement No. ARS010, Page 5 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 .normandm orida.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.: 305-2924515 E-mail Address: Tenn son -list dmonroecoun -fl.gov 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. Documentation of all insurance coverage(s) required below, shall be submitted by the Grantee to the Commission. Upon expiration of documented proof of insurance coverage, the Grantee shall submit proof of continued insurance coverage to the Commission within 30 calendar days of insurance coverage expiration. Grant Agreement No. ARSO10, Page 6 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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. 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 five current model vehicles, 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. Upon satisfactory completion of this Agreement, with Commission approval, the Grantee may retain ownership of the non-expendible personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment J, Property Reporting Form, and submit it to the Commission as an attachment to the Attachment B, Payment Request Summary Form, in which these costs are documented for reimbursement or match. 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. The Grantee is responsible for the implementation of manufacturer required maintenance procedures to keep the vehicles in good operating condition. D. The Grantee shall secure and maintain comprehensive collision and general automobile liability coverage for the vehicles during the term of this Agreement. The Grantee is responsible for any applicable deductibles. E. 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. F. 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. ARS010, Page 7 of 65 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 H 9, 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 Grant Agreement No. ARS010, Page 8 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 must appear in the publication of any material, copyrighted or not, which was based on or developed under this Agreement, as follows: 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-EE000024 L" 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 Grant Agreement No. ARS010, Page 9 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: Sylvia Murphy County Mayor Date: �, <,C;,',riOE COUNTY kTTOF1!1,7" APP OVEC =,S TO F �� INIAT(L Ei��±E ��. CA�S� SSISTAi i T COUNTY ATTORINEY Date STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR, Florida Energy and Climate Commission Alexander Mack Program Administrator Date: Grant Agreement No. ARS010, Page 10 of 65 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 (EECS), energy audits, purchase of hybrid vehicles and replacement of 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 (GHG) Emissions Inventory — The Grantee will select 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 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. ARSO 10, Page 11 of 65 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 Islamorada, Village of Islands. I L1t ON #_1X 3 • 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 a 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 and implementing 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. ARSO 10, Page 12 of 65 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 performed in order to meet the project objectives outlined above. Task 1 - Affordable Residential Solar Water Heaters (Objective 1): • Task la: Select a vendor following the procurement procedures outlined in 10 CFR 600, 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 Select a vendor following the procurement procedures outlined in 10 CFR 600, 1) a greenhouse gas emissions inventory, 2) a community energy audit and 3) city energy audits • Task 4b: Select a vendor following the procurement procedures outlined in 10 CFR 600, 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 - EELS Development (Objective 5): • Task 5a: The Grantee will develop a scope of work for the EECS • Task 5b: Select a vendor following the procurement procedures outlined in 10 CFR 600, for a 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 SECS. Grant Agreement No. ARSO 10, Page 13 of 65 ATTACHMENT A GRANT WORK PLAN Task 6 — County Facilities Energy Audit and Retrofit (Objective 6): • Task 6a: Select a vendor following the procurement procedures outlined in 10 CFR 600, for 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 following the procurement procedures outlined in 10 CFR 600. • 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: Select a vendor following the procurement procedures outlined in 10 CFR 600, 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. 1. Affordable Residential Solar Water Heaters No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Select a vendor following the Submit RFP to Commission procurement procedures outlined 1 2 in 10 CFR 600, for solar water heater purchase and 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. ARSO 10, Page 14 of 65 ATTACHMENT A GRANT WORK PLAN Grant Agreement No. ARSO10, Page 15 of 65 ATTACHMENT A GRANT WORK PLAN 2. Energy Efficiency Educational Video Communication and Outreach No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month I 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 3. 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 4. Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Select a vendor following the Submit RFP to Commission procurement procedures outlined in 10 CFR 600, 1) a greenhouse 1 4 gas emissions inventory, 2) a community energy audit and 3) city energy audits 2 Select a vendor following the Submit RFP to Commission procurement procedures outlined 2 4 in 10 CFR 600, for 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 li htin 7 Final Report Final audit reports submitted to 15 16 Commission Grant Agreement No. ARSO 10, Page 16 of 65 ATTACHMENT A GRANT WORK PLAN 5. EECS Development No. Task/Activity Description Deliverables/ Outputs Start Mouth Headline Month 1 Develop scope of work for EECS Scope of work complete 1 3 2 Select a vendor following the Consultant assisted with plan procurement procedures outlined development and data gathering in 10 CFR 600, for a technical 3 6 assistance consultant to assist with plan development and data 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 oals 4 Final Report Final EECS submitted to 14 14 Commission 6. County Facilities Energy Audit and Retrofit No. Task/Activity Description Deliverables/ Outputs Start Mouth Deadline Month 1 Select a vendor following the Agreement signed and approve by procurement procedures outlined Board of County Commissioners in 10 CFR 600, for an engineering 1 2 firm to conduct Grade Energy Audits for four county facilities located in Key West 2 Conduct energy audit Detailed investment grade audit 2 2 submitted to County 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 roval 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 7. Hybrid Vehicle Purchase No. Task/Activity Description Deliverables/ Outputs Start Month Headline Month 1 Prepare purchase order for five Vehicles ordered hybrid vehicles following the 1 2 procurement procedures outlined in 10 CFR 600. 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 12 12 including photographs of the hybrid Grant Agreement No. ARSO 10, Page 17 of 65 ATTACHMENT A GRANT WORK PLAN vehicles, records of savings and invoices Grant Agreement No. ARSO10, Page 18 of 65 ATTACHMENT A GRANT WORK PLAN 8. Replacement of Street Liahtin2 Poles No. Task/Activity Description Deliverables! Outputs Start Month Deadline Month 1 Select a vendor following the Electrician selected procurement procedures outlined 1 3 in 10 CFR 600, for electricians to retrofit 90 existing poles 2 Obtain quotes for the purchase of Solar light fixtures purchased 3 4 solar powered light fixtures 3 Identify existing underground Sites prepared for installation 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. ARSO 10, Page 19 of 65 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 Monroe County, UF, City of Key West GR, $76,096.27 Islamorada GR 3. Travel (if authorized) $0.00 $7,549.00 Monroe County 4. Supplies/Other $8,125.00 Monroe County, Habitat for Humanity, Green Expenses $83,663.00 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 Monroe County, NexGENergy, Environmental $164,757.00 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 18.3% = 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. Coo Share: Matching Funds and Project Task Grant Funds Other In -Kind Contributions Matching Source Funds 1 Complete Residential Solar $130,000.00 $47,281.00 Monroe County, Habitat for Humanity Water Heater 2 Complete Energy $30,000.00 $105,661.00 OF/GITF, Monroe County, Green Living Education and Outreach and Energy Education, Inc, Environmental Education Foundation 3 Complete Ball Park Light $744,790.00 $113,985.42 City of Key West, KEY Energy Retrofit 4 Complete GHG Inventory, $400,000.00 $110,972.89 City of Marathon Audit and Lighting 5 Complete SECS $20,000.00 $96,364.48 UF, Monroe County, Cameron -Cole LLC 6 Complete County Facilities $700,000.00 $69,400.03 Monroe County Audit and Retrofit 7 Complete Purchase of $120,000.00 $4,78100 Monroe County Hybrid Vehicles 8 Complete Solar Park $400,000.00 $48,243.00 Islamorada Lighting 9 Ongoing Project Admin $142,498.00 $7,591.00 Monroe County and Reporting Totals: $2,687,288.00 $602,896.79 Total Project Cost: = Grant Funds + Cost Share $3,290,784.79 Grant Agreement No. ARSO 10, Page 20 of 65 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 $1,000 or more by description, unit cost, and quantity. Computers and data-processing equipment should be described in detail. 6. Contractual Services - Subcontractors should provide the same information required by this budget table, with the following exceptions: (a) when professional services are provided at a pre-existing approved rate or fee shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show an estimated maximum amount. 7. Indirect Costs/Rate — Indirect Costs are not authorized. 8. Total Budget Category — Show the total of all line -items within a Budget Category. 9. Total Budget - Show the total of all categories. 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QO u "° �� E o0 O —� _ UCCaa cl z U b�q Y O O U al C7 U U o> w w Q dcu bA O N U (�f � E ai H O u O O O r.Q a PEI O a u U i C7 c° w ,It W-) W o0 a F W d a+ R � .. w F O V 64 E/3 + + u R a> � C.7 R W y � O O F V 6R 64 II II II o � F z 6� 6A II II O 6> e ""moo � U ��3 y R as d U 4... 0 0 F 0 w t" O y U .r R �U � o A o F 69 R CQ o C O CL 4. 0 o` U U °�' 40 R U ^O on w o O Q r W z h 00 �_ O p 64 69 V oq 69 .0 u O F O O O O O O O 00 00 69 N l� U 00 a cv oo O M 6e N 00 69 69 h O oq � U a R c� 0 F II II it II Ih II II II No 00 0 o� 00W let 00� or,00 t00 0 o � fA rn on ^O O pa t, 0 U 0 F 0 A L m v " F •o � a � o Cm Q W rj FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Grantee: Grantee's Representative: Mailing Address: Reimbursement Request No.: Grant Agreement No.: Date Of Request: Amount Requested:$ Reimbursement Period: to Percent Matching Required: PROJECT EXPENDITURES SUMMARY SECTION CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS 1. Salaries $ $ $ $ 2. Fringe Benefits $ $ $ $ 3. Travel if authorized $ $ $ $ 4. Supplies/Other Expenses $ $ $ $ 5. Equipment $ $ $ $ 6. Contractual Services $ $ $ $ 7. Indirect Costs if authorized) TOTAL AMOUNT EXPENDED Less Retainage* 10% of TOTAL AMOUNT EXPENDED $ $ $ $ $ $ $ $ $ $ TOTAL AMOUNT TO BE REIMBURSED $ $ AGREEMENT AMOUNT $ $ Less TOTAL AMOUNT EXPENDED: $ $ TOTAL AVAILABLE BALANCE $ $ * The cumulative Retainage amount shall be reimbursed on the Nlnal Reimbursement Request, upon approval of the Final Report by the Commission's Grant Manager. GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above is for items that were charged to and utilized Grantee's Representative's Signature Print Name Telephone Number for the above cited grant activities. Grantee's Fiscal Agent Print Name Telephone Number Grant Agreement No, ARSO10, Page 29 of 65 J_ Q H W G H z W W co Ix m W ce z mill b mill •- rl i a Y Amill,Y A LL CL Y Po r CL 'g � Y M L z A. oZ E oZ - Q Q w c c a�mo oE* Y.. Cl) p V � U) c Uv �..? U �.�? �Q +' U U ' a) U U v } 11 II II II C �_CIL c 0 0� �0 m > cl' C N C O �i Q0�? o >' m`v�o.Z o a> >- avi C tq o ti C d Q �, Jd� i ti «+ C9 Q L J 0 '0 c6 C w d E Ue Q o y a) :: a�i Waospm•� p w �° U)� ami O ay O A L)(.D ac��o co dQGyi H ZO m d co vmioU�m U) 0 a ace w U w W_ d 2Y Za�i .m Y m C) cD Z w Im a a 0w o C: Q E F ° Z o U Q b9 Q E 3 'O ffl 0 0 0 > U o � O o m o m 44 Ova, U j c x w j c C a a..- cB Q , .m 0 .O+ 0 *46 — 0 L C w 0 0 j. O ram+ � O $ cb or p O V 1 p 0 O `O Cl o m p (J cn C >3 >m ,,.�p0 _ O -p O C ci M w E O EU ,r� �,E m G> V r+ ark Z I Z V- 0 O a. oil 11 Hill � * /it R ill oil w w �m oil: M11.1im4m r:11-1 Ell ill 11111 .r10 a EoZ EoZ a °ate ate} Qv y a O v CL O (n 00O� U U) O O N U ... ' H m w _ N fn G Q O C II II o V 2 11 II o 02 � w C= O 'O C (D m cOi O ai 3 �° 3 o � Ocl- o 'a cZ �ou� o OZ �ma� �L0 �. a`�} Q �a�} 3 c ° c ) m O > ° C6 C c D ° m ° C �• !0 O c ' a m� � U) a 0 d R E �c��c a) a a co� o ova as y Q 4 :, L. F- w =Opp z @s �-C ° d O `U� LUG a C> F 42$W W ', � c a m a� c a) v co O a U (DC) (D0 O Q a a o c o o Q Q cfl Q cfl 04 U o y C O m ( c V is > o O` V a O V O W > �+ p a Qa�� +' 0 C 4 G � O ry O r rn O o €o H .'O O O o 3 o v o °— N=m y > 3 > m = > o� oc O c U� E o E U 4) 0- i Z Z A O FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 "AGREEMENTAMOUNT', 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. ARSO 10, Page 34 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 "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. ARSO10, Page 35 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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. ARSO10, Page 36 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT C MONTHLY PROGRESS REPORT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARD Grant Agreement No.: ARS010 Grantee Name: Grantee Address: Grantee's Representative: Telephone No.: Monthly Reporting Period: Project Number and Title: A. Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. C. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Grant Agreement No. ARS010, Page 37 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 update, 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. ARSO10, Page 38 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 G. Provide a project Match Budget update, comparing the Match Project Budget to actual costs to date. Match Match Match Budget Total Match Expenditures Expenditures this Match 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 match Budget Categories H. REPORTING Activities: [GRANTMANAGER NOTE. All of the tables below may not be required for this Agreement Please choose the appropriate metric(s) for the funded activity and include only the appropriate tables for each Aereement on a project to proiect basis.I Number of Buildings Retrofitted Ft. Retrofitted Number of Audits Performed Floor Space Audited Auditor's Projection of Energy Saved Grant Agreement No. ARSO 10, Page 39 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 Loans, Comb aid Number of Loans Given Monetary value of Loans Given Number of Grants Given Monetary value of Grants Given Number of Solar Energy Systems Installed Total Capacity of Solar Energy Systems Number of Wind Energy Systems Installed Total Capacity of Wind Energy Systems Number of other Renewable Energy Systems Installed Total Capacity of other Renewable Energy Systems Grant Agreement No. ARSO10, Page 40 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 Try rtatio»_„ Number of Alternative Fuel Vehicles Purchased Number of Vehicle Conversions to Alternative Energy Number of New Alternative Fueling Stations Number of Carpools and Vanpools Formed Number of Energy Efficient Traffic Signals Installed Number of Street Lane Miles for which Synchronized Traffic Signals were Installed Number of Workshops, Training and Education Sessions Held Number of People Attending Workshops, Training and Education Sessions Number of Direct Jobs Created Number of Indirect Jobs Created Actual Worker Head Count Number of FTE Job Equivalents Grant Agreement No. ARS010, Page 41 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 Reduction in Natural Gas Consumption (mmcf) Reduction in Electricity Consumption (MWh) Reduction in Electricity Demand (MW) Reduction in Natural Gas Consumption (mmcf) Reduction in Fuel Oil Consumption (gallons) Reduction in Propane Consumption (gallons) Reduction in Gasoline and Diesel Consumption (gallons) Amount of wind - powered electric generating capacity installed Amount of electricity generated from wind systems (MWh) R*newa'ble Enema ap panty SR4 Generations Amount of d photovoltaic generating capacity installed (MW) Amount of electricity generated from photovoltaic systems (MWh) Amount of electric generating capacity from other renewable sources installed (MW) Amount of electricity generated from other renewable sources (MWh) Tons Carbon Emission Reduction (CO2 Tons of Sulfur Dioxide Emission Reduction (CO2 Tons of Nitrogen Oxide Emission Reduction (CO2 Tons of Carbon Monoxide Emission Reduction (CO2 I. SUBCONTRACTOR LIST Grant Agreement No. ARSO10, Page 42 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, upon the condition that each Monthly Progress Report must contain a current list of subcontractors, as required in Section 18.A of the Grant Agreement. J. MINORITY/WOMAN/SERVICE-DISABLED VETERAN -OWNED BUSINESS LIST The Grantee is encouraged to use small businesses, including minority, woman and service -disabled veteran - owned businesses as subcontractors under this Grant Agreement. As required in Section 18.0 of the Grant Agreement, the Grantee is required to report information concerning their use of such businesses in each Monthly Progress Report. *Ifgrantee does not have any subcontracts with minority/woman/service-disabled veteran- owned businesses, please state None' below This report is submitted in accordance with the reporting requirements of Grant Agreement No. ARSO10 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative Date Grant Agreement No. ARSO 10, Page 43 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 L• 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). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/efda/cfda.html. Grant Agreement No. ARS010, Page 44 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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. 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. 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). 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 hqp://www.leg.state.fl.us/Welcome/index.cfml the State of Florida's website at httpJ/www.myflorida.com/, 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. ARS010, Page 45 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 loth 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. ARSO10, Page 46 of 65 0 O Q C C oc OC C N T� ooc w `e o a� w E"' .0 Q o U a�i 6 W :3 to Q ~ Q � O rA �zoc f.j o�n ti w � Q d Ln � O Od Od U � t O Q p �waZ w W w C 0 � Q CAS in a d u 0 3 O O � � Q' Q � w w .a O U C � Q v a a d v 67 .0 Q "CS � � w d L O e w a Z C 0 Q In. U Q f7r � _ C O N � o � w u a> .a 0 o � � U p � N Q o cn U �n O � b v H b 4 V) C w a a� .0 i.+ V� �Oi b4 C 'C "O s. C w d U i. O y V) O C r- oc FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT E FEDERAL REGULATIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Formal regulations concerning administrative procedures for USDOE grants appear in Title 10 of the Code of Federal Regulations. Grant program administrative regulations appear in Part 600. Other USDOE regulations also impact grant programs. The following list contains regulations and Office of Management and Bud et Circulars which may apply to the work performed under this Agreement. 2 CFR 176 Award Terms for Assistance Agreements that include funds under the American Recovery and Reinvestment Act of 2009, Public Law 111-5 2 CFR 901 Nonprocurement Debarment and Suspension 10 CFR 600 Financial Assistance Rules 10 CFR 601 New Restrictions on Lobbying 10 CFR 607 Government wide requirements for drug -free work place (financial assistance) 10 CFR 1039 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 10 CRF 1040 Nondiscrimination in Federally Assisted Programs or Activities 10 CFR 1041 Enforcement of Nondiscrimination on the basis of handicap in programs or activities conducted by USDOE 10 CFR 1042 Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance Other Federal Regulations 45 CFR Subtitle A — Appendix E to Part 74 Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals 48 CFR 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Office of Management and Budget Circulars A-21 Cost Principles for Educational Institutions A-87 Cost Principles for State, Local, and Indian Tribal Governments A-102 Grants and Cooperative Agreements with State and Local Governments A-110 Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations A-122 Cost Principles for Non -Profit Organizations A-133 Audit Requirements Grant Agreement No. ARSO10, Page 48 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 '/2 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. ARS010, Page 49 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 V11I 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. Grant Agreement No. ARS010, Page 50 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 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 Grant Agreement No. ARSO10, Page 51 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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). 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. ARS010, Page 52 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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. 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, ARSO10, Page 53 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 parry 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) 5014740 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. ARS010, Page 54 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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. ARSO10, Page 55 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT I 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 0345-0046 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: F-1 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: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: S. 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, MI): different from No. l0a) (last name. first name, MI): (attach Continuation Sheet(s) SF-LLLA, i necessary) 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 shalt 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) Grant Agreement No. ARS010, Page 56 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES 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. ARSO10, Page 57 of 65 I L v E o m o Et: •C C a rG N v a.+ d CC1 E p Q U O E N a fp v o m� D GM O yy C'�O. M p C - �EcL AM -a • m � o�� E o c E O Y vU E a ov o v U � C v m m E cu cu a�a m Rv E2 S M C a G v Eo-�c v G � acid 0 AIL- E c 8�€g o v Safi `o —E:O v_i a T v) 'u c c 0 E _� O C O C N OV C E y .o E u C CO a o 0 -pi o c m o ,H Q/ o ao C 0 CTm2 a c L O y 9OAs rz Lu a uj m a;O� Paz ww� Q Q Ln w D! a z O O z W z N w 0 0 m c V C O z �R XX W �LU oC �p z9 W M !'+ M MA O^� w. 0 M ON0 o Ui z zQ� o Pce !� W Nf iu z D ZU W1 V Q W 0 o luc �Wz 3 at0LU O W sceCal mQ QQ iS�S U �ao W W z I W W c c oe rn W (n Q R � c t ra i C f0 �7 C� kn w O oc kn 0 cd a 0 0 a 0 z Q 0 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT K ANNUAL REPORT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARD Grant Agreement No.: ARS010 Grantee Name: Grantee Address: Grantee's Representative: Telephone No.: Annual Reporting Period: Pr!Ject Number and Title: A. Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. C. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Grant Agreement No. ARSO10, Page 59 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 update, 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. ARS010, Page 60 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 G. Provide a project Match Budget update, comparing the Match Project Budget to actual costs to date. Match Match Match Budget Total Match Expenditures Expenditures this Match 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 match Budget Categories H. REPORTING Activities: [GRANT MANAGER NOTE. All of the tables below may not be required for this Agreement, Please choose the appropriate metrics) for the funded activity and include only the appropriate tables for each Agreement on a project to proiect basis.l Number of Buildings Retrofitted Ft. Retrofitted Buildisp. Eger Adi Number of Audits Performed Floor Space Audited Auditor's Projection of Energy Saved Grant Agreement No. ARS010, Page 61 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 Loans, Gram and Incentives Number of Loans Given Monetary value of Loans Given Number of Grants Given Monetary value of Grants Given ReneWable Energy Market Development Number of Solar Energy Systems Installed Total Capacity of Solar Energy Systems Number of Wind Energy Systems Installed Total Capacity of Wind Energy Systems Number of other Renewable Energy Systems Installed Total Capacity of other Renewable Energy Systems Grant Agreement No. ARS010, Page 62 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 Tranvertatloo Number of Alternative Fuel Vehicles Purchased Number of Vehicle Conversions to Alternative Energy Number of New Alternative Fueling Stations Number of Carpools and Vanpools Formed Number of Energy Efficient Traffic Signals Installed Number of Street Lane Miles for which Synchronized Traffic Signals were Installed War ups,Traialug and Uucofioa Number of Workshops, Training and Education Sessions Held Number of People Attending Workshops, Training and Education Sessions Jobs Created Number of Direct Jobs Created Number of Indirect Jobs Created Actual Worker Head Count Number of FTE Job Equivalents Grant Agreement No. ARSO10, Page 63 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 Energy Savings, Reduction in Natural Gas Consumption (mmcf) Reduction in Electricity Consumption (MWh) Reduction in Electricity Demand (MW) Reduction in Natural Gas Consumption (mmcf) Reduction in Fuel Oil Consumption (gallons) Reduction in Propane Consumption (gallons) Reduction in Gasoline and Diesel Consumption (gallons) Amount of wind - powered electric generating capacity installed Amount of electricity generated from wind systems (MWh) Renewable Eaergy Capacity and Generation�. Amount of photovoltaic generating capacity installed (MW) Amount of electricity generated from photovoltaic systems (MWh) Amount of electric generating capacity from other renewable sources installed (MW) Amount of electricity generated from other renewable sources (MWh) Tons Carbon Emission Reduction (CO2 Tons of Sulfur Dioxide Emission Reduction (CO2 Tons of Nitrogen Oxide Emission Reduction (CO2 Tons of Carbon Monoxide Emission Reduction (CO2 Grant Agreement No. ARS010, Page 64 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 I. SUBCONTRACTOR LIST The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, upon the condition that each Monthly Progress Report must contain a current list of subcontractors, as required in Section 18.A of the Grant Agreement. J. MINORITY/WOMAN/SERVICE-DISABLED VETERAN -OWNED BUSINESS LIST The Grantee is encouraged to use small businesses, including minority, woman and service -disabled veteran - owned businesses as subcontractors under this Grant Agreement. As required in Section 18.0 of the Grant Agreement, the Grantee is required to report information concerning their use of such businesses in each Monthly Progress Report. *If grantee does not have any subcontracts with minority/woman/sen�ice-disabled veteran- owned businesses, please state None' below This report is submitted in accordance with the reporting requirements of Grant Agreement No. ARSO10 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative Date Grant Agreement No. ARSO10, Page 65 of 65 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: October 20, 2010 DIVISION: Public Works BULK ITEM: Yes X No DEPARTMENT: Public Works STAFF CONTACT PERSON/PHONE NO.: Dent Pierce/292-4560 AGENDA ITEM WORDING: Approval of 2nd amendment to agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) to provide animal control services an additional ten miles, up to Mile Marker 70, including the City of Layton, on a temporary basis effective September 1, 2010. ITEM BACKGROUND: Stand Up for Animals provided written notice of contract termination, and the FKSPCA agreed to operate the middle keys animal shelters and provide animal control services up to mile marker 60 on a temporary basis pending rebid. The Humane Animal Care Coalition had agreed to extend their territory from Mile Marker 70 down to Mile Marker 60, but due to logistics, the FKSPCA has agreed to temporarily cover the additional 10 miles. PREVIOUS RELEVANT BOCC ACTION: On May 18, 2005, the Board approved the latest contract; on April 19, 2006, an amendment was approved allowing contractor to purchase its own vehicle when the previously assigned vehicle was damaged by Hurricane Wilma; on September 20, 2006, and May 16, 2007, amendments were approved granting CPI increases; on April 21, 2010, the Board renewed the contract through June 30, 2015; and on September 8, 2010, the Board approved an amendment to agreement for temporary operation of the Big Pine and Marathon Animals Shelters up to Mile Marker 60. CONTRACT/AGREEMENT CHANGES: Amends contract for temporary operation of Big Pine Key and Marathon Animal Shelters to provide animal control services for an additional ten miles, up to mile marker 70 and including the City of Layton, effective September 1, 2010. (No price increase for the additional ten miles of coverage). STAFF RECOMMENDATION: Approval. TOTAL COST: $54,926.82/month INDIRECT COST: n/a BUDGETED: Yes x No _ (for approx. six months) Acct. 001-21000-530340 DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same REVENUE GENERATED: Yes n/a No x APPROVED BY: Co. Atty.: /Purchasing: Risk Management: SOURCE OF FUNDS: ad valorem DOCUMENTATION: INCLUDED: x NOT REQUIRED: DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract THE FLORIDA KEYS SOCIETY FOR THE Contract # PREVENTION OF CRUELTY TO ANIMALS Effective Date: 09/01/2010 Contract Purpose/Description: Expiration Date: month to month Amends contract for temporary operation of middle keys animal shelters to provide an additional ten miles of coverage, up to MM 70, including the City of Contract Manager: Beth Leto (Name) for BOCC meeting on Oct. 20, 2010 Total Dollar Value of Contract: Budgeted? Yes ® No ❑ Grant: $ County Match: $ 4560 Public Works - #1 (Ext-) (Department/Stop #) Agenda Deadline.- Oct. 5, 2010 CONTRACT COSTS $54,926.82/month Current Year Portion: $54,926.82 Account Codes: 001-21000-530340 I Estimated Ongoing Costs: $ n/a /yr (Not included in dollar value above) ADDITIONAL COSTS For: etc. Division Director ntP Risk ManagSng O.M.B./Pur County AttorneyC��=— Comments: ate 10 CONTRACT REVIEW Changes Needed Rev_iewwer Yes❑ Nog Yes❑ No[� Yes[] No YesF1 No Date Out /0 T 2nd AMENDMENT TO AGREEMENT (Operation of Key West Animal Shelter, and temporary operation of the Big Pine Key and Marathon Animal Shelters) THIS 2' AMENDMENT TO AGREEMENT is entered into this day of 2010, by and between the Board of County Commissioners of Monroe County, Florida (COUNTY), and THE FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. (CONTRACTOR). WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19, 2006, September 20, 2006, and May 17, 2007, and renewed on April 21, 2010, to operate the Key West Animal Shelter and provide animal control services and enforcement of laws related to animals; and WHEREAS, the contract was amended on September 8, 2010, to include temporary operation of the Big Pine Key and Marathon Animal Shelters and animal control services and enforcement of laws related to animals up to Mile Marker 60, pending re -bid of the contract for such services, and WHEREAS, in addition to the current service area of mile marker 0 to mile marker 60, the contractor has agreed to provide temporary animal control services and enforcement of laws related to animals up to Mile Marker 70; now, therefore, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the contract dated May 18, 2005, is hereby amended as follows: 1, Section III(A) shall read: "A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Key West Animal Shelter located at 5230 College Road, Key West, Florida, and provide complete animal control and enforcement services from Mile Marker 0 to Mile Marker 16.7 (the Harris Channel Bridge), including the City of Key West. Effective September 1, 2010, and on a temporary month -to -month basis, pending re -bid of the Big Pine Key and. Marathon Animal Control operations by the County, the Contractor shall provide all staffing, equipment, and supplies necessary to operate the Big Pine Key and Marathon Animal Shelters located at 279 Industrial Road, Big Pine Key, Florida, and 10550 Aviation Boulevard, Marathon, Florida, and provide complete animal control and enforcement services from Mile Marker 16.7 to Mile Marker 70, including the Cities of Marathon, Key Colony Beach and Layton." 2. All other provisions of the original contract; as amended and renewed, not inconsistent herewith, apply to the Big Pine Animal Shelter and operations and shall remain in full force and effect. (SEAL) Attest: DANNY L. KOLRAGE, CLERK M. Deputy Clerk 2nd Amendment to Agreement BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA _ By: Mayor/Chairman Page 1 of 2 October 20, 2010 (SEAL) Attest: THE FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. By: Title:! C.P r ICJNR -C COUNTY AT`i' INNE;$ C3E RIE t IME W LHH et3ERT-BARROWS a 2nd Amendment to Agreement Page 7- of 2 October 20, 2010 AMENDMENT TO AGREEMENT (Operation of Key West Animal Shelter, and temporary operation of the Big Pine Key and Marathon Animal Shelters) THIS AMENDMENT TO AGREEMENT is entered into this day of , 2010, by and between the Board of County Commissioners of Monroe County, Florida (CO , and THE FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. (CONTRACTOR). WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19, 2006, September 20, 2006, and May 17, 2007, and renewed on April 21, 2010, to operate the Key West Animal Shelter and provide animal control services and enforcement of laws related to animals; and WHEREAS, the County desires to hire Contractor on a temporary basis to operate the Big Pine Key and Marathon Animal Shelters and provide animal control services and enforcement of laws related to animals pending re -bid of the contract for such services for the Big Pine Key and Marathon Animal Shelters, and WHEREAS, in addition to the current Key West Shelter and it's service area, the Contractor is willing to operate the Big Pine Key and Marathon Animal Shelters and provide animal control services and enforcement of laws related to animals up to Mile Marker 60; now, therefore, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the contract dated May 18, 2005 as amended and renewed, is hereby amended as follows: 1. Section III(A) shall read: "A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Key West Animal Shelter located at 5230 College Road, Key West, Florida, and provide complete animal control and enforcement services from Mile Marker 0 to Mile Marker 16.7 (the Harris Channel Bridge), including the City of Key West. Effective September 1, 2010, and on a temporary month -to -month basis, pending re -bid of the Big Pine Key and Marathon Animal Control operations by the County, the Contractor shall provide all staffing, equipment, and supplies necessary to operate the Big Pine Key and Marathon Animal Shelters located at 279 Industrial Road, Big Pine Key, Florida, and 10550 Aviation Boulevard, Marathon, Florida, and provide complete animal control and enforcement services from Mile Marker 16.7 to Mile Marker 60, including the Cities of Marathon and Key Colony Beach." 2. Effective September 1, 2010, Contractor shall operate the Big Pine Key and Marathon Animal Shelters and provide animal control services and enforcement of laws related to animals on a temporary month -to -month basis for a six (6) month period of time to terminate on February 28, 2011, if not earlier terminated by either party upon thirty (30) days notice as provided in Section III. The annual contract is increased from $32,970.44 per month to $54,926.82 per month. 3. Section III(A)(8) is amended to read: "8. HOURS OF OPERATIONS: At a minimum, the Key West Shelter shall be open to the public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and from 10:00 a.m. to 2:00 p.m., Eastern time, on Saturdays. Effective September 1, 2010 and on a temporary basis; I of 3 At a minimum, the Marathon Shelter shall be open to the public from 10:00 a.m. to 2:00 p.m., Eastern Time, Monday through Saturday. The Big Pine Key Shelter shall have no regular hours for access by the general public, but will be accessible to the public by appointment for the purpose of animal control services, such as returning stray animals to owners. Hours of operation may be adjusted only upon mutual written consent of the Contractor and the County Public Works Director, or designee." 4. Section IX VEHICLES is amended to read: "Contractor shall purchase one vehicle to be owned by Contractor, conditioned upon its title being transferred to the County upon termination or expiration of this contract, to replace the 2003 Chevrolet Astro Van (Unit 0910/081) previously leased by County to the Contractor. County hereby leases to the Contractor two (2) County vehicles currently assigned to the Big Pine Key and Marathon Animal Shelters identified as follows: L 2004 Ford F150 Truck (Unit 0910/082) 2- 2005 Ford F150 Truck (Unit 0910/1706) 5. In addition to the Key West Shelter, and in accordance with Exhibit E of the contract, the Contractor shall obtain and maintain all required insurance coverage for the Big Pine and Marathon Animal Shelters and operations, including the following insurance coverage required by Section 9(c) through Section 9(f) of lease between the Utility Board of the City of Key West, Florida, and Monroe County, dated July 23, 2008, and any renewal thereof. General Aggregate $1,000,000.00 Products/Completed Operation $1,Q00,000.00 Personal and Advertising Injury $ 500,000 00 Each Occurrence $1,000,000.00 Fire Legal Liability Limit $ 100,000 00 Property, Windstorm and Flood Insurance with limits of coverage based on the current replacement cost of the Big Pine Key and Marathon structure. 6. Section XXX. NOTICE REQUIREMENT is amended to read: Any notice required or permitted under this agreement shalt be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 Dent Pierce, Director Public Works Division 1100 Simonton Street, Rm. 2-231 Key West, FL 33040 FOR CONTRACTOR: Connie Christian, Executive Director Jane Dawkins, President 2of3 County Attorney P.O. Box 1026 Key West, FL 33041-1026 Florida Keys Society for Prevention of Cruelty to Animal, Inc. 5230 College Road Key West, FL 33040 7. All other provisions of the original contract, as amended and renewed, not inconsistent herewith, apply to the Big Pine Key and Marathon Animal Shelters and operations and shall remain in full force and effect. (SEAL) Attest: DANNY L. KOLHAGE, CLERK (SEAL) Attest: By: _ Title: By: ____ Title: Deputy Clerk WITNESS WITNESS 3of3 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman THE FLORIDA THE PREVENTI, LE Title: v r i SOCIETY FOR CRUELTY TO MONROE C(DUN TY AT ORNE ;` PPRQV .O AS TO FORM: CHRISTINE M. Lt SERT BARROWS ASSiSTA T ivTY ATTE7RNEY Date RENEWAL AGREEMENT (Operation of the Key West Animal Shelter) THIS RENEWAL AGREEMENT is entered into this y day of April, 2010, between Monroe County Board of County Commissioners (COUNTY) and The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA), (Contractor) in order to renew the agreement entered into on May 18, 2005. WIER.EAS, it is the intent of this Renewal Agreement to allow the County to exercise its final option to renew the Agreement for an additional five-year period; now, therefore, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: I. In accordance with Section IV-REVEWAL of the agreement entered into on May 18, 2005, the agreement is hereby renewed for an additional five-year period. 2. The term of this Renewal Agreement shall be for a five-year period beginning July 1, 2010 and ending at 12:00 midnight on June 30, 2015 3. Effective July 1, 2010, the annual contract amount is increased by 2.1% CPI adjustment, thereby increasing the annual payment to contractor from $387,507.60 to $395,645.26 or $32,970.44 per month. 4. In all other respects, the remaining terms of the Agreement entered into on May 18, 2005, not inconsistent herewith, shall remain if full f orce and effect. 'WITNESS WHEREOF the parties have caused these presents to be executed in the -rcfive names. 4 Atteit: `IA1NY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF 7i2;z- yo B By. Dep Clerk Attest: B cr co SwreWy 0 = cr of 0 C] 4 Z L`i; 4J it - v C :d- N C] a. THE FLORIDA KEYS SOCIETY FOR THE PREVEIVONA¢RUELTY TO Lo President bIO E COUPff RO D RO J.ASSiSTA"1TC'. s1 . SWORN STATEMENT UNDER ORDINANCE NO 10 1990 MONROE COUNTY FLORIDA ETI IfCS CLAUSE i �.� �', warrants that he/it has not employed, retained or otherwise had act on hi i behalf any former County officer or employce 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, or consideration paid to the former County officer or employee. \ A gi Usignature) �(� U(p (tee) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, �Lpc JD q W 9' w S who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this .31 day of ^4-Bc 2010. OMB - MCP FORM #4 My commission expires: 37 NOTARY PUBLIC I U 4`;i`:..�4'j' LUANNHi1FF * * MY 00I MISSION = DO 637M O M &' FWUfy 21, 2011 &rdw tbu so" Nolry WVkH ADDENDUM THIS ADDENDUM is entered into this 16th day of May, 2007, between the Monroe County Board of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA) (CONTRACTOR). WHEREAS, on May 18, 2005, the parties entered into a five-year agreement for animal control and shelter services; and WHEREAS, Contractor has requested a CPI increase of 2.5% effective July 1, 2007 through June 30, 2008, now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Section II of the Agreement dated May 18, 2005, shall be amended by adding the following sentence: The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. 2. The remaining terms of the Agreement entered May 18, 2005, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names. Attest: DA KOLHA E, CLERK '7 Deputy Clerk Attest: By: Secretary OR WITNESSES: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor, Mario Di Gennaro FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC. _ b i eva I :;� E President r- 71Z to MONROE COUNTY ATTORNEY ROVED AS R ZA E TT N COU AT7 67 Date ADDENDUM `PHIS ADDENDUM is entered into this 2e day of September, 2006, between the Monroe County Board of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA) (CONTRACTOR). WHEREAS, on May 18, 2005, the parties entered into a five-year agreement for animal control and shelter services; and WHEREAS, Contractor has requested a CPI increase of 3.4% effective July 1, 2006 through June 30, 2007; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Section II of the Agreement dated May 18, 2005, shall be amended by adding the following sentence The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. 2. The remaining terms of the Agreement entered May 18, 2005, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names. BOARD OF COUNTY COMMISSIONERS a. OF MONROE COUNTY, FLORIDA t A t s D L. OLHAGE, CLERK �- B Y: Mayor, Charl "S y" McCoy - = deputy Clerk FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC. By: Attest: Presi ent By: Secretary OR WITNESSES: .:_ MONROE COUNTY ATTORNEOV Cl- OVEQ AS T R :L =: (:,-I � CD . SU ANN A, TTON u p = Date COUN pR 0 ch CONTRACT (Operation of Key West Animal Shelter) THIS CONTRACT, is entered this 18th day of May. 2005, by and between the Board of County Commissioners of Monroe County, Florida (COUNTY), and THE FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC., (CONTRACTOR). WHEREAS, County has certain responsibilities under State and County laws, to provide animal control services and enforcement of laws related to animals; and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract with a private provider of such services, NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: I. TERM OF AGREEMENT: This agreement shall be for a five (5) year period beginning, July 1. 2005 and ending at 12:00 midnight on June 30, 2010. The term of this agreement shall be renewable in accordance with Section IV. II. PAYMENT: The total compensation to be paid to the Contractor in consideration of its services under this Agreement shall be $365,625.00 per annum. The County shall pay the Contractor on a per month in arrears basis in an amount equal to 1/12 of the total cost of the contract, or $ 30.468,75 per month. The Contractor shall provide a monthly invoice on the 1'd day of each month to the Division of Community Services, and payment shall be made on or about the 1st day of the following month. In the event that funds are partially reduced or cannot be obtained or continued at a level sufficient to allow for the purchase of the services contemplated, then the contract may be terminated immediately at the option of the County upon written notice of termination being delivered in person or by mail to the Contractor. The County will not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of immediate termination. III. SCOPE OF SERVICES: A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Key West Animal Shelter located at 5230 College Road, Key West, Florida, 33040, and provide complete animal control and enforcement services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including the City of Key West. 1. STAFF: The Contractor will fully staff, operate and perform all current functions of the Shelter, as further identified in the training manual to be prepared by Contractor; said training manual will be reviewed and approved by the Director of Community Services or his designee prior to implementation. 2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws, regulations and procedures, including but not limited to F.A.C. I013-3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B 16- 29, Animal Control Shelter Permits. CARE OF ANIMALS: (a) The Contractor will receive and properly confine all animals that are brought to the Shelter or which become the responsibility of the Shelter. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. (b) The Contractor shall provide appropriate care for sick and injured animals in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida for consultations and/or professional services. (c) The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelter. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the Director of Community Services or his designee. (d) The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a program in place for flea and tick control. Contractor shall seek funding sources to enable provision of feline leukemia virus testing and, upon obtaining such funding, shall provide feline leukemia virus testing for all adoptable kittens and cats. 4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelter, including kennel areas, cages and euthanasia room, and all equipment in a clean, safe, and sanitary manner. 5. ADOPTIONS: (a) The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. (b) The Contractor will provide an adoption service through the Shelter for the purpose of securing suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long-term homes. The screening procedures shall be reviewed periodically by the Director of Community Services or his designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as EXHIBIT "A," unless modified by written and signed directive from the Director of Community Services. (c) The • contractor shall enforce the provisions of the contract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered prior to releasing the animal or transferring ownership to its adopter. 6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license certificates for dogs as required by the Monroe County Code and collect the fees established by County Resolution therefor. The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees therefor to the County. 7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain a Policies and Procedures Manual for guidance of all staff. At a minimum, it shall set forth the following: 1. Goals and Objectives of the Organization. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services, whether in the nature of law enforcement, pick-up of dead animals, or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a. prerequisites for certain positions b. keeping staff current 6. Training provided* shall include: a. Shelter Policies & Procedures (required of all staff, including volunteers) b. Basic Pet Care c. Veterinary Health Care d. Animal Behavior e. Animal Handling f. Breed Identification & characteristics g. Obedience Training h. Behavior Problem Solving i. Counseling Methods j. Conflict Management (required of all law enforcement personnel) k. Grief Counseling 1. Telephone Manners and Customer Service Skills *Items a & j must be at least in part provided in a classroom or seminar type setting, with live or video teaching. All other training may be self -study, although some in -person or video training is highly recommended. Training shall be provided appropriate to the position filled by the worker, whether that worker is an employee or a volunteer. 7. Adoption Guidelines, which shall absolute& require sterilization ofall animals prior to release to adopter. Other guidelines shall address, at a minimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, veterinary bills for life of the animal. c. Animal's disposition and that of members (human and animal) of the household to enhance as well as possible the probability of successful placement. 8. HOURS OF OPERATIONS: At a minimum, the Shelter shall be open to the public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and from 10:00 a.m. to 2:00 p.m., Eastern time, on Saturdays. Hours of operation may be adjusted only upon mutual written consent of the County and the Contractor. B. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90-day probationary period. The Contractor is to provide the Director of Community Services, or his designee, with copies of the Animal Control Officer Training Program Certificates. 2. Emergency services (24-hours per day/7-days a week) for Priority One calls which are: a. Injured animal; b. Bite cases; person bit by any warm-blooded creature; C. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; 4. Picking up dogs that are running at -large; 5. Picking up cats or raccoons captured in cat or raccoon traps; 6. Non -emergency animal pick up from residential homes during normal operating hours; 7. Picking up dead animals along County or City rights -of -way and arrange for proper disposal in accordance with all applicable laws, regulations and ordinances; 8. Disposing of any animals that are euthanized or that expire while in the care, custody, or control of the Contractor, in accordance with all applicable laws, regulations and ordinances. 9. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, issue citations and/or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Monroe County in court proceedings when required. Further, upon termination of this agreement, the Contractor shall complete all cases originated by Contractor including representing the County in court if necessary. 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. C. FEES. The Contractor shall collect and remit to the County all funds that are collected for fees, license certificates, citations, penalties, adoptions, etc. In this regard, the Contractor shall issue receipts and keep appropriate records of all funds received and shall provide the Director of Community Services or his designee with copies of daily cash reconciliation forms, daily bank deposit information and original license certificates that are issue on a bi-weekly basis. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County - approved affidavit form to the Director of Community Services or his designee, said affidavit form is attached hereto and marked Exhibit "B." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 496-2000, as same may be amended from time to time; said Resolution is attached hereto and marked Exhibit "C." The Contractor shall not charge any other fees for services at the Shelter unless authorized by the County to do so. D. REPORTS. The Contractor shall provide the Director of Community Services or his designee with copies of all bite reports and citations that are issued on a bi- weekly basis. Contractor shall submit on a monthly basis to Director of Community Services the following reports: (1) Adoption Reports, by species & age (mature/immature), with separate accounting showing Pure breed; returns and reasons; adoption denials. (2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other; also showing manner received (telephone call, letter, visit to office, encounter in course of duties); and the action taken for each. (3) Euthanasia, by species & age (mature/immature), and showing number which were feral, diseased or injured. (4) Number of animals taken in, by species & age (mature/immature) and showing numbers brought in, picked up & redeemed. (5) County Fees collected, designating the fees collected for each of the following: licenses, pick-up, intake, boarding, adoption, disposal & euthanasia. (6) Average number of days of boarding by species & age (mature/immature). (7) Total number of animals (by species) at the shelter at beginning of month and the total number of animals (by species) at the shelter at the end of the month. E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. In this regard, the Contractor shall designate at least three (3) employees who will be able to remain in the County to care during the disaster for the animals which have not been evacuated and after the disaster for animals not evacuated and any animals which are at large. The Contractor will supply those employees' names, addresses and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3 Hurricane or natural disaster. F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated 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 the Agreement. IV. RENEWAL: The County shall have the option to renew this agreement after the fifth year, for one (1) additional five-year period. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelter. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. VI. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VII. STAFFING: Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. B. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. VIII. UTILITIES: The Contractor shall be responsible for payment of all utility charges for the Shelter. All utility accounts will be held in the Contractor's name. IX. VEHICLES: The County hereby leases to the Contractor one (1) County vehicle currently assigned to the Shelter identified as follows: 2003 Chevrolet Astro Van (Unit 0910/081) The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate the vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles and shall maintain them in accordance with the maintenance schedule attached hereto as Exhibit `°D." The Contractor shall provide an average of four (4) oil changes annually for each vehicle, and shall schedule vehicle inspections with Monroe County Fleet Management no less than three times annually for each vehicle. The Contractor may choose the option of paying Fleet Management for oil changes and preventative maintenance, at Fleet's current annual rates, or utilize private garages and provide receipts to the Director of Community Services or his designee to document and verify that the required maintenance has been performed. Nothing herein shall prevent the County from inspecting the vehicles at any reasonable time. X. HOLD HARMLESS/INSURANCE REQUIREMENTS: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. Prior to commencing services under this agreement, the contractor shall furnish the Owner Certificates of Insurance as indicated on forms entitled General Insurance Requirements for Animal Control Contracts, Animal E&O, EDZ, GLAnimals, VLI, WCI, All Risk Property Insurance and TCS, as attached hereto and incorporated as in EXHIBIT "E." XI. DONATIONS: The Contractor shall issue receipts and keep appropriate records of all donations received at the Shelter by Contractor. Said donations shall be used by Contractor only for the benefit of shelter animals or animals for which Contractor provides spay/neuter or other services, and shall not be used to defray or reduce County funding in the future. In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor, minus an amount not to exceed 5% of the total collected for administrative expenses, are in fact donated to the Contractor for the benefit of shelter animals. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. XII. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment such as catch-all sticks, cages and the like shall be the responsibility of the Contractor. XIII. INVENTORY: Prior to commencement of the service contemplated herein, the County shall perform an inventory of all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared therefrom shall be signed by both parties hereto. XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the premises provided by the County and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. XV. MAINTENANCE: The Contractor shall maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment in order to keep same in proper working condition. Prior to commencement of repairs, the County must be notified, in writing, of repairs estimated to cost over $1,000.00. If such repairs are approved by the County, the Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs. XVI. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES: No improvements or modifications may be made to the Shelter, appurtenances, or surrounding properties without the prior written approval of the County. XVII. FUNDRAISING: The Contractor may use the Shelter for fundraising or for selling merchandise after its items have been reviewed and approved by the Director of Community Services or his designee. Requests for events shall be requested by the Contractor in writing and approved by the County Administrator in writing. Funds raised by the Contractor from fundraising or events at the Shelter shall only be used to benefit the shelter animals or animals for which Contractor provides spay/neuter or other services, and shall not be used to defray or reduce County funding in the future. XVIII. NON-DISCRD&NATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. )(IX. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: The Contractor shall maintain the financial records in accordance with generally accepted accounting principles, and allow the County to inspect its books and records and the shelter facilities at any reasonable time. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant. Contractor shall retain all records pertaining to this agreement for a period of three years after term expires. XX. PUBLIC RECORDS: The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XXI. MEDICAL RESEARCH: In no event shall any animals under the care, custody, or control of the Contractor be given, bartered or sold to any medical research company. XXII. CAT/RACCOON TRAPS: The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat/raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. XXIII. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals. Any other Contractor breach of this agreement shall be governed by the article above on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. XXIV. TERMINATION WITHOUT CAUSE: The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least sixty (60) days prior to the date of termination. XXV. TERMINATION WITH CAUSE: The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelter in a clean, safe and sanitary manner. e. Breach of any other term, condition or requirement of this agreement. XXVI. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XXVII. COMPLIANCE WITH LAW: In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a. material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. XXVHI. DISCLOSURE AND CONFLICT OF INTEREST: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. XXIX. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041-1026 and James E. Malloch, Director Monroe County Community Services Division 1100 Simonton Street, Rm. 2-256 Key West, FL 33040 FOR CONTRACTOR: Gwen Hawtof, M.D. President Florida Keys Society for Prevention of Cruelty to Animals, Inc. 1901 South Roosevelt Blvd., 408N Key West, FL 33040 The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. X3XIII. GOVERNING LAWS: This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. XXXOII. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00). XXXIV. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. (b) He or she is empowered to act and contract for Contractor. (c) This agreement has been approved by the Contractor's Board of Directors. Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of its Board of Directors. hAAAMEMI M 111 M91310310M This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. WHEREOF the parties hereto have executed this Agreement on the day 'tten above in four (4) counterparts, each of which shall, without proof or other counterparts, be deemed an original contract. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA Byy By: .t u Deputy Clerk Mayor/Chairman (SEAL) FLORIDA KEYS SOCIEITY FOR PREVENTION OF CRUELTY TO ANIMALS, INC. Attest: By: By: WITNESS Title: re By: WITNESS MONROE COUNTY ATTO EY APPROVED - _`: 4n SUZANNE A. HUTTON �nz Ti ASSISTANT�DRNEY C3� Date OL7 • � p • O ram" cDi EXHIBIT "A" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT (ORGANIZATION'S NAME) Monroe County, Florida This Agreement is entered into between (name of Adopter), the "Adopter," and (name of organization), the "Agency" this d�a �) day of (month), 200_. In consideration of the mutual promises contained herein, the above stated parties hereby agree as follows: 1. Agency shall release to Adopter the animal described in Receipt No. 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not -for -profit organization providing shelter care for the County shelter, none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal, damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter. within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for such procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay all costs, including court costs and attorney's fees of the .Agency. Should a Court adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay/neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of Agency Representative) EXHIBIT "B" AFFIDAVIT OF INABILITY TO PAY ANIMAL CONTROL CHARGES I, , (name) who being first duly sworn. in support of my request to have certain Monroe County Animal Control charges waived, do certify that: 1. I am the owner of (name(s) of animal(s) who are, respectively, , and (specify species) who have/has been picked up, housed or cared for by Monroe County Animal Control. 2. For the period of to $ (date of I" charge) (date of last charge) has been incurred as a result of the animal control services stated in paragraph number one. 3. That I am unable to pay (check one) I) the charges (or) 2) any more than $ without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1.500 if more than one person in household. (B) I do not have cash (including checking and savings account) in excess of $500.00, (C) I owe debts due to illness or misfortunes of my family. If this item is checked. briefly describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this day of , 200_, by who is personally known to me or who produced .as identification. Concur Concur Animal Control Director Countv Administrator Notary Public - State of Florida at large yic Works Division RESOLUTION NO 44b _2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLU770N NO. 13&2000 CONCERNING FEES FOR ANIMAL CONTROL SERVICES: IN ORDER TO INCREASE THE COUNTY UCENSE FEE FOR UNSPAYEDIUNNEUtERED ANIMALS FROM $20.00 TO 35.00 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Rcsolution No. 136-2000 is hereby amended to read: as follows SERVICE FEE Pickup: . 1" time S 25 2n1 time i 60 3id time and more within 12 months $100 The pickup fees set forth above shall be doubled if the animal picked up S not vaccinated for rabies. Board (per night) Adoption $ 10 Disposal'so oc.)EF A.; rn County License: �x-t oc�• CO o spayed/neutered S 10 ���� unspayed/untleutered $ 35 z 2 -r replacement Ir rn W'1 Dangerous Dog Certificate of Registration First Year $100 Annual renewal 5 50 PASSED AND ADOPTED by the Board or County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 14 thday of December 2000. . Mayor George Neugent • -Yes yes Mayar Pro Tern Nora Williams ' —-- GorJrr Commissioner Charles "Sonny",LfcCoy!' Commissioner Murray Nelson ' xes '- Commissioner Dixie Spehar -- BOARD OF COUNTY COMMISSIONERS KC E, CLERK OF MONROE COUNTY, 'FLORIDA h- `rDJ�uty Clerk Mayor/Chairman APPlZoVED As TO FORM agen a esACrces.dx l , B R bFRt N DATE _4', = 2 i� EXHIBIT "C" q •; i� i 1 I j i �� 'X!x:x X:x•X• Ix.xi x:xr; :X 4. ! i Z>� :x x. Ji x X-X > K. S Iv ^Z:XI iXIX•Xi X}XiXiX%XIX�X� : I i t,•ih , , �.. 1CI ..� C. �.xl..tx.xt •� t 1 I I -I !N i 1 0 �o AM E 11 } I I t ' I rhi Iti' 1 X�XiX�XIX�X.X+ ix x _tX •��I r• i� 'X rXiX X'XIXIX; rXIX� Ix X'X, .X: d' I •I- % t ' i � z j Ix x xfXIX�XI !X X 2 1 �►xXl tX'xlI •_�.. _ ,I ! I ' i . 1 ei Yj . I Q t 1 .� 7 R:x Xlx!x� ;IXI Lu ; ► .j. IJ. gh ! 1 - f wI'i' �►I c s� �-' i m xl �x}xj � ` I j f � i "1 � t i m1 � n., "' °°-Li!.r( o! o: •I z .0.,E-• ' m a ,p j; �u w U' us, WW: j • ;' c a »' to w. a ? w.v, .Zitoj�iWl�=� ,F ! ! n.� r .� �. �. j�,a:•J w; '�t�!Ni����imliu;�'��5�! � � �! . � �i c. r� �: � �. ' �1 i ,yr V,�, J ?jj I►='yi}-. ,�iw! S aY� }�I Lti 1 �r Br � �}.:1{S. > z lLL i� 1 I (�! c�tu r I •! ro' „� L, , . " ! sn. �. Nit(?u'. 0.•? ��t-w75-�Crp.O:Zp�=• e x i« ?• Q '�LL tLLL g 0.0 '.L• I,' ?' •L m 5 EXHIBIT "D" 51 EXHIBIT "E" POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Animal Control Contracts As a pre -requisite of the work governed, or the goods supplied under this contract (including the pre - staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as 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. 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. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Animal Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • False Arrest, Detention or Imprisonment • Malicious Prosecution • Wrongful Entry and Eviction • Assault and Battery • First Aid E&O • False or Improper Service of Process • Violation of Property Rights • Violation of Civil Rights The minimum limits acceptable shall be: $1,000,000 Combined Single Limits (CSL) 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 termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. ANIMAL E&O EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insuranc which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $100,000 per Occurrence ED2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT 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: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLAnimals VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles • Physical Damage Protection The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, the Monroe County Board of County Commissioners shall be named as "Loss Payee" with respect to the physical damage protection. VL1 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT 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 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, and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by 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 ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ COUNTY -OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Animal Control Contracts The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of,. in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. IT9 The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the Cou= to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements 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 the 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. MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor. Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor. Approved Not Approved Risk Management Date County Administrator appeal: Approved: Date: Board of County Commissioners appeal: Approved: Meeting Date: Not Approved: Not Approved: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Facility Maintenance/Corrections Staff Contact Person/Phone #: Bob Stone/305-797-1458 AGENDA ITEM WORDING: Approval to award bid and execute contract with Certified Roofing Specialists, Inc. for Roofing Improvements at the Plantation Key Detention Center ITEM BACKGROUND: On August 26, 2010, seven bids were received for this project. After review of all bids received, Certified Roofing Specialists, Inc. was found to be the lowest, most conforming, responsible bidder. PREVIOUS RELEVANT BOCC ACTION: This project is included and identified within the Public Works' budget that was approved by the BOCC on September 23, 2009 and September 17, 2010. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: $79,820.00 BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: Local Bidder is 93% above recommended Bidder COST TO COUNTY: $79,820.00 SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH PER YEAR APPROVED BY: County Atty. X OMB/Purchasing X Risk Management X DOCUMENTATION: Included x DISPOSITION: Not Required AGENDA ITEM # MEMORANDUM DATE: SEPTEMBER 10, 2010 TO: DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR FROM: BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR - RE: ROOFING IMPROVEMENTS - PLANTATION KEY DETENTION CENTER Seven bids were received on August 26, 2010 for providing roofing improvements at the Plantation Key Detention Center. Of those, five were at or below budget. Please see the accompanying Tabulation Sheet with Noted Bid Deficiencies. After reviewing all of the bids received, I find that Certified Roofing Specialists, Inc. is the lowest, most conforming, responsible bidder. Therefore, award of bid and execution of contract to Certified Roofing Specialist is recommended and deemed best for the interests of the County. If there are any questions or more information is desired, please do not hesitate to contact this office. H N � cl 00 u 00 Cd cl W � � a � H cj LU N U Ln Lr a � .. .. .. , 0 V) 0 W p F- `'' `' `�-' 00 U')a N Z m U U.-� z z o O .M� M W m r,4 r 1-I V G. W Q J .-. .� to cd LL O C H rj * '��(14 I"m p * * * to o > O M W Y ~ O O O O O O O O O O O O p O '^ f� : -0 z m O 0 O l0 NO 00 O N O Q1 � M O O O Co O O O O 712 Z Z Z Z x WO N LUn 0000 0000 N M `n�no0a H N ,-i O z -bC)- tfl- ipr 4►- ttt iA- i& �0 zN J0 w o N to om O O Ln u) 0 in in u) ct mZ z a � z Q�� �a W x W 0 {ij cl o G U) t � z w O z �- z c� O cn N H W z aCd °> a Ja O (9 u I— cn O Q �O z �— w U 0 o > co LL Q w Q U > Q O a H 00 p Z U z� '- (� w 1 i"Oey O O z LL '~ O cn z C� o 0 -� w U 0 z 1-4 LL_ u O z u o . cl I— 0 LL O LL O O O z z z u- � U � ~ Q O w � w O � a .> U O m Q p Q� J p w = (D w >- Q 0 0 0 0 ZZZZ LL (r) f— N'—I T ~ LL U Y O• w 0 00 O oC w O O Q w U w w F- Q O Z cm U � CL 0 a Q MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Certified Roofing Contract # PWD 238-127-2010 Specialist, Inc. Effective Date: October 20, 2010 Expiration Date: Final Payment Contract Purpose/Description: Roofing Improvements — Plantation Key Detention Center Contract Manager: Bob Stone 6077/3995 Facilities - 9 or 16 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Oct. 20, 2010 Agenda Deadline: Oct. 5, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 79,820.00 Current Year Portion: $ 79,820.00 Budgeted? Yes® No ❑ Account Codes: 101-20505-560620- - Grant: $ N/A County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $100/yr For: Maintenance (Not included in dollar value above) (pa maintPnnnrP etc. CONTRACT REVIEW Changes Date Out Division Director Date In Needed Reviewer YesR N, Risk Management q:-J- (0 YesQ No i O.L.B./Purchasing �tC, Yesn No _ County Attorney q�y�4 Yesn NO2g Comments: nA.fR T7-,— D,...,. A Ifn�7/^i X.r - un AGREEMENT ROOFING IMPROVEMENTS — PLANTATION KEY DETENTION CENTER CONTRACT MONROE COUNTY CERTIFIED ROOFING SPECIALISTS, INC. THIS AGREEMENT, made and entered into this 20TH day of October, 2010 by and between the MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County", whose address is 1100 Simonton Street, Key West, Florida 33040 and CERTIFIED ROOFING SPECIALISTS, INC., a Florida corporation, hereinafter called "Contractor", whose address is 3440 NW 25th Avenue, Pompano Beach, Florida 33069. WHEREAS, the County is in need of roof repairs at its Plantation Key Detention Center facility; and WHEREAS, the Contractor is licensed, qualified, properly equipped and is in the business of performing roof repairs; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. THE CONTRACT The contract between the County and the Contractor, of which this Agreement is a part, consists of the contract documents, as specified in paragraph 2. 2. THE CONTRACT DOCUMENTS The contract documents consist of the Agreement and any amendments hereto executed by the parties, all Change Orders and any addenda, the Request for Bid together with the Contractor's response to the RFB and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 3. SCOPE OF THE WORK — Roof Improvements — Plantation Key Detention Center, 53 High Point Road, Plantation Key, Florida 33036. A. The Contractor shall perform all of the work required, implied or reasonably inferable from this agreement. The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this agreement, including the following: construction of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, engineering services, material, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, debris disposal, the payment of any applicable sales and use taxes; procurement and payment of any required permits from local, state or Federal authorities having jurisdiction, royalties and product license fees; fuel, heat, light, cooling, and all other utilities as required by this contract. The work is to not disrupt or jeopardize Detention Center operations. Contractor is to abide by all security rules and regulations. The work to be performed by the contractor is generally described as follows: 3.01 DESCRIPTION A. Provide all labor, material, equipment, and tools as required for complete removal and disposal of existing roof system down to the roof deck, providing for a smooth workable surface and install new roofing system as specified in this section. Existing roof comprises a modified built up roof system over approximately 5,929 square feet of a four -inch metal deck with three inches of insulation and approximately 1,438 square feet is over a concrete deck with two inches of insulation, for a total of approximately 7,367 square feet. If deemed necessary to gain access to roof edge, Contractor is to remove approximately 50 lineal feet of razor wire and approximately 35 lineal feet of rain gutter, reinstall at project completion. 3.02 QUALITY ASSURANCE A. Contractors key supervisory personal shall have not less than three years experience in the installation of the FiberTite Roof System and be present at all times during roof installation. B. It will be the responsibility of the roofing contractor to initiate a Quality Control Program to govern all aspects of the installation of the new Roofing System. 3.03 PERFORMANCE A. Comply with the Florida Building Code 2007, High Velocity Hurricane Zones. 1. Including the latest Amendments and Supplements. B. Comply with American Society of Civil Engineers, ASCE 7-98. 3.04 WARRANTY A. Furnish the Owner with a Twenty (20) Year No Dollar Limit Warranty covering the cost of repairing leaks as a direct result of either defects in the membrane or the workmanship involved in its installation. 3.05 SUBMITTALS - Owner review and approval is required for the following submittals. When submittals are marked approved by the Owner, that part of the work covered by the submittal may proceed provided it complies with requirements of the Contract Documents; final acceptance will depend upon that compliance. Allow sufficient review time so that installation will not be delayed because of the time required to process submittals, including time for re -submittals. Allow two weeks for initial review. Four copies will be required for each submission. One copy will be returned to the Contractor with appropriate comments. A. Complete list of accessories or materials not manufactured or expressly authorized for use by Seaman Corp. B. Manufacturer approved dimensioned shop drawings of details not found in the Fiber- Tite Roofing Systems Construction Details booklet and other information that may affect the suitability and installation of the roofing system. C. Show compliance with the requirements of 1.02 Quality Assurance D. Engineers Certification of compliance with 1.03 Performance E. Sample of Seaman Corp. Warranty. 1. Roofing Contractor's approved copy of Warranty Request Form. 3.06 DELIVERY & STORAGE A. Deliver all materials to the job site in manufacturer's original, unopened containers, with legible labels and in sufficient quantity to allow for continuity of work. B. Select and operate material handling equipment in a safe manner, guarding against damage to existing construction or newly applied roofing and conforming to manufacturer's recommendations of handling and storage. C. All rolls of membrane shall be stored, lying down, elevated above the roof deck and completely protected from moisture with tarpaulins. (The polyethylene wrappers on the rolls do not provide adequate moisture protection during roof top storage.) D. Barrier board and insulation shall be stored on pallets, fully protected from moisture with tarpaulins. (Manufacturer's packaging is not considered adequate protection from moisture.) E. Adhesives and sealants shall be safely stored between 50' F and 80°F. F. Flammable materials shall be stored in a cool, dry area away from sparks and open flames. Follow all precautions as outlined in manufacturer's Material Safety Data Sheets. G. Materials, having been determined by the owner/owner's representative to be damaged, shall be immediately removed from the construction site and replaced at no cost to the owner. 3.07 JOB CONDITIONS A. Safety 1. Take all necessary precautions regarding worker health and safety when using solvents and adhesives. 2. Store flammable liquid and materials away from open sparks, flames and extreme heat. 3. Take necessary precautions when using solvents and adhesives near fresh air intakes. 4. Comply with all OSHA requirements for construction. 5. Daily site cleanup shall be performed to minimize debris and hazardous congestion. B. Protection 1. Schedule installation sequence to limit access and utilization of the newly installed membrane for material storage, construction staging, mechanical and/or excessive foot traffic. 2. Provide proper protection on newly completed roofing. 3. Protect building walls, rooftop units, windows and other components during installation. 3.08 COORDINATION A. Prior to commencement of work, a pre -roofing conference will be held with the authorized roofing contractor, Seaman representative and owner/owner's representative(s) to discuss the specified roofing system, its proper application and the expectations of all parties involved including any security measures. The owner/owner's representative shall notify all parties a minimum of fourteen days prior to the meeting. B. Plan and coordinate the installation of the roofing system with other trades in such a manner to avoid membrane damage, keeping the complete installation weather tight and in accordance with all approved details and warranty requirements. PRODUCTS 3.09 GENERAL A. All products and components for the mechanically attached Roofing System shall be supplied by one manufacturer. B. Components other than those manufactured and i or supplied by approved manufacturer shall be submitted for review, prior to ordering. Any product(s) not specifically authorized in writing for the project by the manufacturer, shall be considered unacceptable. 3.10 MEMBRANE A. This specification is based on a nominal 0.060 inch thick Ketone Ethylene Ester (KEE) alloy, reinforced with knitted polyester fabric as manufactured by Seaman Corporation, under the trade name FiberTite 8155 XT conforming to the following physical properties as outlined in Table 1 of this specification. Fable 1 : Ph of t^ iber t ite Membrane MATERIAL PROPERTY TEST METHOD(S) PRODUCT DATA FiberTite Fabric — Type ASTM D-751 Polyester Weight (oz.) 6.5 Thickness (nominal) ASTM D-75 (inches) 0.060 Breaking Strength ASTM D-751 Grab (lbs.) 550 x 500 Tensile Strength ASTM D-882 (psi.) 9500 Elongation ASTM D-751 (%) 18 Seam Strength ASTM D-751 Grab (%) 100 Tear Strength ASTM D-751 (lbs.) Tongue Tear 125 Puncture Resistance ASTM D-751 Ball Burst (lbs.) 700 Dynamic Puncture ASTM D-5635 (J) 15(ft. — lbf)11.06 Static Puncture ASTM D-5602 (33 lbf) Pass Water Vapor Transmission ASTM E-96 Proc. A (gm/m2/24hrs) 1.3 Water Absorption ASTM D-471 (%) one side exposure 5.0 Dimensional Stability ASTM D-1204 (%) 0.78 Low Temperature Flexibility ASTM D-2136 (F) -40 Shore "A" Hardness ASTM D-2240 80 Hydrostatic Resistance ASTM D-751 A (psi) 500 Accelerated Weathering ASTM G155 Xenon Arc 10,000 hrs. Cracking or Crazing none ASTM G 154 QUV Cracking or Crazing none Coating Adhesion ASTM D-751 cannot peel Fungi Resistance ASTM G 21, 28 days no growth Oil and Hydrocarbon ResistanceMIL-C-20696C Swelling, Cracking or Leaking none 3.11 LAMINATED METAL A. Metal flashing and edgings shall be FiberTite standard clad metal. 1. Minimum 24 gauge / .023 inch (.06 mm) thick, hot dipped G-90 steel 2. Color to match membrane. 3.12 FASTENING DEVICES A. Fastener and membrane plate shall be as listed on the current manufacturer's fastener list. 1. Fasteners to meet the pullout values determined by pullout testing. B. Insulation fastener and stress plate shall be as listed on the current manufacture's fastener list. 1. Fasteners to meet the pullout values determined by pullout testing. 3.13 SEALANTS, MASTICS AND SOLVENTS A. All adhesives, sealants, mastics and solvents shall be as supplied or approved by manufacture. 3.14 WALKWAY PADS A. Walk pads shall be as supplied by the manufacture with a minimum thickness of .080 inches. 3.15 WOOD NAILERS A. Wood shall be #2 or better southern yellow pine, kiln dried, womanized and conforming to Federal Specification TT-550, TT-W-517 and American Wood Preservers Institute Standard LP-2 1. Creosote or asphalted type preservatives are not acceptable. 3.16 EXPANSION JOINTS A. Per manufacture details or approved shop drawings 3.17 TERMINATION BAR A. As supplied by manufacturer. 3.18 INSULATION A. Equal to Johns Manville "Energy 3" 3.1 inch closed cell polyisocyanurate and/or as approved by roofing manufacture EXECUTION 3.19 GENERAL A. The roofing contractor shall be responsible for verifying that the deck condition is suitable for the specified installation of the mechanically attached Roofing System. B. Examine and correct surfaces for inadequate anchorage, low areas that will not drain properly, foreign material, unevenness or any other defect which would prevent the proper execution and quality application of the mechanically attached Roofing System as specified. C. Do not proceed with any part of the application until all defects and preparation work have been corrected and complete. 3.20 SUBSTRATE PREPARATION A. Remove all existing roof down to the roof deck and all bur flashing, metal flashing, counter flashing, deteriorated wood blocking, dirt and any debris and properly dispose of off site. B. Remove only enough flashing to accommodate the days work and ensure the exposed area can be made 100% watertight at the end of the day or first sign of inclement weather. C.. Remove any deteriorated or wet insulation and replace with like material. 3.21 WOOD NAILERS A. As needed, replace treated lumber at the same heights as insulation layer or adjacent construction f 1/4 in. 3.22 INSULATION INSTALLATION A. Install new 3.1 inch polyisocyanurate foam core insulation, equal to Johns Manville "Energy 3" over roof deck as approved by roofing manufacturer. In the case of multiple layers, the layers off insulation shall be laid perpendicular one to the other so as to avoid the overlapping joints being parallel. Top layer of roof insulation shall be mechanically attached using 6 fasteners per 4' x 8' board. B. Install roof insulation in parallel courses with tightly butted and staggered joints. C. Boards must be cut accurately to fit neatly around all penetrations. Small pieces and scraps of insulation shall not be used. D. Install no more insulation than can be covered during the same working day. E_ Taper roof insulation to drain sumps using tapered edge strips. If insulation layer is 1-1 /2 in. or less, taper 12 in. from the drain bowl. If insulation thickness exceeds 1-1!2 in., taper 18 in. from the drain bowl. Mechanically fasten all tapers using two fasteners per board. At the end of each working day, provide a watertight cover on all unused insulation as to avoid moisture penetration. 3.23 INSTALLATION OF MEMBRANE A. The job Foreman and/or Supervisor will be responsible for the daily execution of the Q.C. program, which will include, but is not limited to, the inspection of all heat welding incorporated within the roof system. 1. If inconsistencies in the quality of the welds are found, all work shall cease until corrective actions are taken to insure the continuity of the welds. B. Follow all standard Manufacture Installation Specifications. C. All field seams exceeding 10' in length shall be welded with an approved automatic welder. D. A minimum of two (2) perimeter sheets shall be installed, parallel to all exterior roof perimeters. E. Membrane shall be attached within the field, perimeter and corner of particular roof section utilizing fastener spacing to meet the design pressures determined in compliance with procedures outlined within Section 1.04 Performance. 1. All stress plates must set completely on the membrane allowing a minimum of 1/2 inch from the edge. 2. Allow a minimum of 2 inches from the edge of the stress plate(s) to the leading edge of the overlapping membrane to allow sufficient room to facilitate welding. All decking not listed as approved by Factory Mutual for mechanical attachment or decking exceeding ten (10) years in age require documented pull-out values for fastener resistance. Pull-out values are to be submitted to Manufacturer's Technical Service Department for approval prior to the ordering of materials. 3.24 FLASHING A. Flash all curbs, penetrations and protrusions in strict accordance with approved Manufacturer's Details and Approved Shop Drawings. B. Install metal flashing in strict accordance with approved Manufacturer's Details or Approved Shop Drawings. C. Flash all roof drains in strict accordance with Manufacturer's Roof Drain Details. Replace all worn parts that may cut the membrane or prevent a watertight seal. Replace all drain bolts or clamps holding the drain compression ring to the drain basin lead sheets and drain basins must be free of any asphalt or coal tar pitch residue prior to installation. NOTE: Replace all broken drain strainers. 3.25 PITCH PANS A. Every effort shall be made to eliminate the need for pitch pans. Contact Manufacturer's Technical Service Department for specific design recommendations. B. In the event of no alternative, fabricate pitch pans from polymer coated metal and install pitch pans in strict accordance with Manufacturer's Details, insuring proper attachment, maintaining a minimum 2" clearance around the penetration, with proper depth of sealant. 3.26 SEALANT A. Apply approved sealant to all surface mounted reglet and where called for in approved Details. Apply a bead of sealant large enough to fill the void entirely. Tool the sealant to shed water, following Manufacturer's installation guides. 3.27 TEMPORARY SEALS A. At the end of each working day or at the sign of rain, install temporary watertight seal where the exposed edge of the completed new roofing terminates at the uncovered existing roof surface. B. Prior to the commencement of work, remove all temporary seals if they will cause a water dam and any exposed roof cement, if used. Do not track roof cement onto the finished roof. 3.28 WALKWAY PADS A. Walk pads will be installed by hot air welding the walkway mat directly to the single ply membrane. Install walk pads at perimeter of curb mounted rooftop A/C. 3.29 CLEAN-UP A. Remove all debris and excess material from the roof area. Pick up all loose fasteners and sheet metal scraps from site. B. Insure the water tightness of the entire system for warranty inspection. C. Protect all roof surfaces subject to damage from other trades. 3.30 INSPECTION A. The job Foreman and/or Supervisor shall initiate daily inspections of all completed work, which shall include, but is not limited to, the probing of all field welding to assure the quality of the application and insure that any equipment or operator deficiencies are immediately resolved. B. Insure that all aspects of the installation (sheet layout, attachment; welding, flashing details, etc.) are in strict conformance with the most current Manufacturer's Specifications and Details. Excessive patching will not be accepted at the time of final inspection. 3.31 WARRANTY A. Interim and Final inspection shall be performed by Manufacturer's Technical and Owner's Representative for approval and acceptance of installation. 1. Contractor shall request interim and final inspections with sufficient notice prior to the requested date of inspection. 2. The Manufacturer shall issue warranty to the Owner after satisfactory inspection by a Manufacturer's Technical Representative and payment of materials and Warranty Fee. 4. THE CONTRACT AMOUNT A. The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract per Paragraph 4.B of which follows, the Contract sum of Seventy Nine Thousand Eight Hundred Twenty /100 Dollars ($79,824.00). B. This paragraph specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. 1. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart -type, contractor's construction schedule. Submit to Owner for approval within ten days after the date of Notice to Proceed a. Provide a separate time bar for each significant administrative and construction activity. Provide a continuous vertical line to identify the first working day of each week- b. The time line between the Notice to Proceed and substantial completion is not to exceed one hundred and twenty days unless approved by the Owner. 2. Application for Payment: Partial progress payments may be issued to the Contractor with the Owner's approval and with submission of properly executed invoice and partial release of liens. Ten percent retainage will be withheld on all Progress payments. When the final work is accepted by the owner, the contractor shall invoice the County for full and final payment. A. The owner may decline to make payment, may withhold funds, and if necessary, may demand the return of some or all of the amounts previously paid to the contractor, to protect the owner from loss because of: 1. defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; 2. claims of third parties against the owner or the owner's property; 3. failure by the contractor to pay subcontractors or others in a prompt and proper fashion; 4. evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price; 5. persistent failure to carry out the work in accordance with the contract; 6. damage to the owner or a third parry to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph, the contractor shall promptly comply with such demand. 3. When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner thereof in writing. Thereupon, the owner will make final inspection of the work and, if work and all submissions are complete, in full accordance with this contract and this contract has been fully performed, the owner will promptly issue a final certificate for payment certifying that the project is complete and the contractor is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees required by the contract shall commence on the date of final completion of the work. If the owner is unable to issue its final certificate for payment and is required to repeat its final inspection of the work, the contractor shall bear the cost of such repeat final inspection(s), which cost may be deducted by the owner from the contractor's final payment. 4. The contractor shall not be entitled to payment unless and until it submits to the owner invoices with supporting documentation acceptable to the Clerk of Court of which may include partial and final releases and waivers of lien; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the owner. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds 5. Acceptance of final payment by the contractor shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. C. Final payment, constituting the entire unpaid balance of the Contract Arnount, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor. 5. WARRANTY A. The contractor warrants to the owner that all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by the contract, and that the work will be of good quality, free from faults and defects and in strict conformance with the contract and warrant same for a period of twenty years commencing at fmal completion. This twenty-year warranty is inclusive of all labor, transportation, equipment and material cost with no cost to the owner. All work not conforming to these requirements may be considered defective. 6. CHANGES IN THE WORK A. Changes in the work within the general scope of this contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this agreement, by change order or by field order. B. Change order shall mean a written order to the contractor executed by the owner, issued after execution of this agreement, authorizing and directing a change in the work or an adjustment in the contract price or the contract time, or any combination thereof. The contract price and the contract time may be changed only by change order. C. Any change in the contract price resulting from a change order shall be determined as follows: (a) by mutual agreement between the owner and the contractor as evidenced by (1) the change in the contract price being set forth in the change order, (2) such change in the contract price, together with any conditions or requirements related thereof, being initialed by both parties and (3) the contractor's execution of the change order, or (b) if no mutual agreement occurs between the owner and the contractor, then the change in the contract price, if any, shall then be determined by the owner on the basis of the reasonable expenditures or savings of those performing, deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the contract price, an allowance for direct job site overhead of 5%, and profit 5% will be utilized. D. The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the ordered changes in the work, this agreement as thus amended, the contract price and the contract time. The contractor, by executing the change order, waives and forever releases any claim against the owner for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. This Agreement and the provision of the services at the location listed have been fully considered by the Contractor, who understands the same and agrees to their sufficiency and suitability. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. B. The passing, approval, and/or acceptance by the County of any of the services furnished by the Contractor shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the County, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the County for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 8. INDEMNIFICATION/HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (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 Contract, (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 Contract, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Contract, this section will survive the expiration of the term of this Contract or any earlier termination of this Contract. In the event that the service is delayed or suspended because of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses or lost revenue resulting from such delay. The first ten dollars (S10.00) 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. The provisions of this section shall survive the expiration or earlier termination of this agreement. 9. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County, 10. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 11. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed -upon price of the services/goods of the Contractor and compensation to County. 12. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 13. INSURANCE Prior to execution of this agreement, and maintained throughout the Life of the contract, the Contractor shall furnish to the County Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability — include as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $500,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per person; $500,000 per Occurrence; and $500,000 Property Damage. An Occurrence Form policy is preferred. If coverage is changed to or 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 48 months following the termination or expiration of the contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person; $300,000 per Occurrence; and $50,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. C. Workers Compensation — limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. 14. 15. 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. CONTRACTOR'S RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed herein, subject to the terms and conditions set forth in these contract documents. Contractor shall at all times exercise independent judgment and shall assume responsibility for the services to be provided. 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 Director, Middle Keys Operations Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 Wdi Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR OR Eugene O. Fall 3440 NW 25`h Avenue Pompano Beach, FL 33069 REPRESENTATIVE AT JOBSITE FOREMAN Notice shall be deemed received when hand delivered, delivered by mail, or when deemed undeliverable by the U.S. Postal Service. 16. CANCELLATION A) In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. B) This contract may be terminated for convenience by County upon ten (10) days written notice to contractor delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. Contractor shall cease work as directed. In such case, Contractor shall be paid for all work executed and termination expenses, and expenses incurred prior to termination. No payment shall be made for profit for work, which has not been performed. 17. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 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. 18. RECORDKEEPING 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 or not paid to County pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully retained by Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid. 19. 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. 20. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing parry, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 21. 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. 22. 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 or individual action, as required by law. 23. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant Bids, and funding solicitations shall be approved by each party prior to submission. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 16 concerning cancellation. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shalt be required to enter into any arbitration proceedings related to this Agreement. 26. NONDISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. Vl, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 27. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 28. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 29. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or 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. 30. PUBLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 31. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 32. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers agents or employees of any of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers agents, volunteers, or employees outside the territorial limits of the County. 33. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely 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. 34. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to 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. 35. 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. 36. 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. 37. 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 any of the parties hereto may execute this Agreement by signing any such counterpart. 38. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 39. CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk Date: (SEAL) Attest: BY: WITNESS Title: L,4,j n-f'DA�'/- By: z/ y WITNESS Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In Mayor/Chairman CONTRACTOR Date: tE C UNTY OV D AS PEDRO J. ASSISTANT tV/(-" 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. NTE LIMITS S OZM MAY HAVE B 11 REDUCED BY AID CLAIMS, INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTEDPREMISES (Ea occurremet $ 100,000 X COMMERCIAL GENERAL LIABILITY A X 7.CLAIMS MADE Fx_� OCCUR GLO191112 5/1/2010 5/1/2011 MEDEXP (Any one n $ Exclude PERSONAL & ADV INJURY $ 1,000,000 X $7 MIL PER PROJ CAP GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: CTSMPIOPAGG$ 2,000,000 POLICY X PR 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) BODILY INJURY B X ALL OWNED AUTOS 4014417761 5/1/2010 5/1/2011 SCHEDULED AUTOS (Per person) $ X BODILY INJURY HIRED AUTOS X NON -OWNED AUTOS {(t (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN _EA A ANY AUTO ., I T S AUTO ONLY: qGG EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ 51000,000 X OCCUR CLAIMS MADE q $ 5,000,000 D X DEDUCTIBLE RETENTION AIICS34616305 5/1/2010 5/1/2011 $ C WORKERS COMPENSATION AND X WC STAT - OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ 11000,000 OFFICERIMEMBEREXCLUDED? 4014417758 5/1/2010 5/1/2011 E.L. DISEASE - EA EMPLOYE $ 11000,000 If yes, describe under EDISEASE - POLICY LIMIT 11000,000 SPECIALPROVISIONS below OTHER ANY ONE ITEM $300, 000 E LEASED/RENTED 2076243854 5/1/2010 5/1/2011 PER OCCURRENCE $300,000 EQUIPMENT I I IDEDUCTIBLE $1, 000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Plantation Rey Detention Center Roof. Monroe County Board of County Commissioners is named as Additional Insured as respects to General Liability as required by written contract as per form CG20100704 & CO20370704, Auto Liability as per form CA00010306 and Excess Liability policies. Thirty (30) days notice of cancellation applies, except •10 days notice of cancellation for non-payment of premium. Monroe County Board of County Coaanissioners Attn: Bob Stone 10600 Aviation Blvd. Marathon, FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE Frank Furman, Jr/CS MVVRN 4u tLVV IlVOl INS025 (oioe).oaa O ACORD CORPORATION 1988 Page 1 of 2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. King, 292-4531 AGENDA ITEM WORDING: Approval to pay invoices from previous Public Works uniform contractor, ARAMARK Uniform Services, received after contract termination during transition period with new contractor, G & K Services. ITEM BACKGROUND: Aramark's contract terminated August 26, 2010 and the new contractor, G & K Services', contract commenced August 27, 2010. However, G & K could not immediately provide uniforms to employees until the week of September 26 and Local Teamsters Union 769 contract requires uniforms be provided. Aramark continued supplying uniforms after their contract terminated until uniform pick-up on October 1, 2010. This enabled G & K sufficient time to measure, prepare and distribute new uniforms, and the County to maintain compliance with the union contract. PREVIOUS RELEVANT BOCC ACTION: On August 15, 2007, the BOCC approved award and enter into a contract with ARAMARK Uniform Services, not to exceed $25,000. On September 19, 2007, the BOCC approved an amendment to the contract clarifying term language, adding locations and a 100% cotton option, allowing County to use prior contractor until ARAMARK could provide uniforms, and increasing total contract from $25,000 to $35,000. On June 19, 2008, the BOCC approved an Amendment (adding an additional long pants item) and 1" Renewal Agreement. On June 17, 2009, the BOCC approved the last one-year contract renewal. CONTRACT/AGREEMENT CHANGES: Provide for payment of uniform services after contract termination during transitional period from Aramark to G & K Services. STAFF RECOMMENDATIONS: Approval Not to exceed TOTAL COST: $5,000.00 INDIRECT COSTS BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem, Gas Tax REVENUE PRODUCING: Yes No X AM T PER MONTH Year APPROVED BY: CountyA �� tty _ OMB/Purc sing � i � � � Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # M E M O R A N D U M DATE: September 14, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — October 20, 2010 BOCC Meeting Approval to pay invoices from previous Public Works uniform contractor, ARAMARK Uniform Services, received after contract termination during transition period with new contractor, G & K Services. Aramark's contract terminated August 26, 2010 and the new contractor, G & K Services', contract commenced August 27, 2010. However, G & K could not immediately provide uniforms to employees until the end of September and Local Teamsters Union 769 contract requires uniforms be provided. Aramark continued to provide uniforms after its contract termination until G & K could measure, prepare and distribute new uniforms. I hereby recommend approval to pay invoices from previous Public Works uniform contractor, ARAMARK Uniform Services, received after contract termination during the transition period with new contractor, G & K Services J WK/jbw Enclosures BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Bulk Item: Yes X No Division: Public Works Department: Correction Facilities Staff Contact Person: Robert Stone / 289-6077 AGENDA ITEM WORDING: Approval to exercise the third renewal option of the contract with Siemens Building Technologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; and the Courthouse Annex's fire alarm system. ITEM BACKGROUND: The contract with Siemens Building Technologies provides for three one- year renewal options and an increase in quarterly 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 third option to renew. PREVIOUS RELEVANT BOCC ACTION: On September 19, 2007, the BOCC approved award of bid and execute a new contract with Siemens Building Technologies, Inc.; on June 16, 2008, the BOCC approved an amendment increasing the amount for additional services and repairs from $25,000 to $45,000. On September 17, 2008, the BOCC approved the first option to renew the contract with Siemens Building Technology, Inc. On September 16, 2009, the BOCC approved the second renewal option. CONTRACT/AGREEMENT CHANGES: Contract renewal will commence October 1, 2010 and terminate September 30, 2011; quarterly payments will increase by 2.7% CPI-U from $31,652.00 ($126,608.00 annually) to $32,506.60.00 ($130,026.40 annually). STAFF RECOMMENDATIONS: Approval. TOTAL COST: $130,026.40+ INDIRECT COSTS BUDGETED: Yes X No Additional services not to exceed $45,000 DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Fines and Forfeitures ICI-20505-530460 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County A /Purchasing Risk Management DOCUMENTATION: In uded X Not Required DISPOSITION: AGENDA ITEM # M E M O R A N D U M DATE: September 13, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — October 20, 2010 BOCC Meeting Approval to Exercise 3rd Renewal Option to Agreement with Siemens Building Technologies, Inc. On September 19, 2007 the BOCC approved award of bid and execute a new contract with Siemens Building Technologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; the Courthouse Annex's fire alarm system; and the Marathon Government Center's building automation system. This contract provides for three one-year renewal options. The parties hereto want to exercise the third option, commencing October 1, 2010 and terminating September 30, 2011, with a quarterly payment increase 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 of2.7%, quarterly payments to increase from $31,652.00, ($126,608.00 annually) to $32,506.60 ($130,026.40 annually). I hereby recommend approval of this third renewal option as described above with Siemens Building Technologies, Inc. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Siemens Building Tech Contract # Effective Date: October 1, 2010 Expiration Date: September 30, 2011 Contract Purpose/Description: Third Contract renewal for the testing, certification, and maintenance of the Detention Center's fire alarms stem, building automations stem, and smoke controls stem; the Juvenile Justice Center's fire alarms stem and building automations stem; the Sheriff Administration Building's fire alarm system and building automation system, the Courthouse Annex fire alarms stem; and Marathon Government Center's building automations stem. Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $130,026.40 + Current Year Portion: $ 130,026.40 Budgeted? Yes® No ❑ Grant: $ N/A repairs n/t/e $45,000 Account Codes: 101-20505-530-340 County Match: $ N/A - - -_ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janito CONTRACT REVIEW Changes D to In Needed Division Director 0,-%/D Yes❑ No[�J— Risk Mana e ent W Yes❑ No[) v9j LIL O.M.B./Pur asing IC Yes❑ No County Attorney 94 0 Yes❑ No/93 I Comments: OMB Form Revised 2/27/01 MCP #2 Date Out lb� j/0 3rd RENEWAL AGREEMENT (TESTING, CERTIFICATION, AND MAINTENANCE: MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM; SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAC); KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM; MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM; MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM, MONROE COUNTY, FLORIDA) THIS AGREEMENT hereinafter "Agreement" is made and entered into this day of September, 2010, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West FL, 33040 and SIEMENS INDUSTRY, INC., (formerly known as SIEMENS BUILDING TECHNOLOGIES, INC.) ("CONTRACTOR"), a Florida corporation, whose address is 10111 Business Drive, Miramar, FL 33025. WHEREAS, the parties hereto did on September 19, 2007 enter into a testing, certifications and maintenance agreement (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on May 21, 2008 enter into a contract amendment to increase the contract amount for additional repair and maintenance services from $25,000 to $45,000; and WHEREAS, the parties hereto did on September 17, 2008, enter into the first renewal of the original agreement; and WHEREAS, the parties hereto did on September 16, 2009, enter into the second renewal of the original Agreement; and WHEREAS, on February 17, 2010, the Board of County Commissioners approved an assignment and assumption agreement of contract and consent of Monroe County Board of County Commissioners between Siemens Building Technologies, Inc. and Siemens Industry, Inc.; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, both parties find that it would be mutually beneficial to enter into this P renewal agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: In accordance with Paragraph 4 of the Original Agreement, the County exercises the third of three (3) one-year options to renew the Original Agreement. This term will commence on October 1, 2010 and terminate September 30, 2011; and 2. The amount shall be adjusted 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%, with quarterly payments increasing from $31,652.00, ($126,608.00 annually) to $32,506.60 ($130,026.40 annually). 3. In all other respects, the original agreement dated September 19, 2007, as amended and renewed, remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Date W 1lIluss Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia J. Murphy SIEMENS INDUSTRY, INC. 1 J By Title Mq COUNTY TTO E , 'P VED A q PED ANT C NTYATTORNEY 2 2—a RENEWAL AGREEMENT (TESTING, CERTIFICATION, AND MAINTENANCE: MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM; SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAQ KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM; MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM; MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM, MONROE COUNTY, FLORIDA) THI AG EMENT hereinafter "Agreement" is made and entered into this 167 day of a, 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a olitical subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West FL, 33040 and SIEMENS BUILDING TECHNOLOGIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is 10111 Business Drive, Miramar, FL 33025. WHEREAS, the parties hereto did on September 19, 2007 enter into a testing, certifications and maintenance agreement (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on May 21, 2008 enter into a contract amendment to increase the contract amount for additional repair and maintenance services from $25,000 to $45,000; and WHEREAS, the parties hereto did on September 17, 2008, entered into the first renewal of the original agreement; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, both parties find that it would be mutually beneficial to enter into this 2"d renewal agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: In accordance with Paragraph 4 of the Original Agreement, the County exercises the second option to renew the Original Agreement for a (1) one- year term. This term will commence on October 1, 2009 and terminate September 30, 2010; and The amount shall be adjusted 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 .1 %, with quarterly payments increasing from $31,620.38, ($126,481.52 annually) to $31,652.00 ($126,608.00 annually). 3. In all other respects, the original agreement dated September 19, 2007, as amended and renewed, remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Date 9 — / <o - n f BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA � 5 Mayor SIEMENS BUILDING TECHNOLOGIES, INC. By Title AA06 V,;O iVGZUNTY ORI Y ODAST A I ff PEDRO �. ASS! CO:! 2 ;; r— n cn rn et O n�� rn N Q Q ATTORNEY 17/601 111 RENEWAL AGREEMENT (TESTING, CERTIFICATION, AND MAINTENANCE: MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM; SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAC); KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM; MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM; MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM, MONROE COUNTY, FLORIDA) THIS A EN ME T hereinafter "Amendment" is made and entered into this day of �a 2008, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West FL, 33040 and SIEMENS BUILDING TECHNOLOGIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is 3021 North Commerce Pkwy, Miramar, FL 33025. WHEREAS, the parties hereto did on September 19, 2007 enter into a testing, certifications and maintenance agreement (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on May 21, 2008 enter into a contract amendment to increase the contract amount for additional repair and maintenance services from $25,000 to $45,000; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, both parties find that it would be mutually beneficial to enter into this 1" renewal agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the Original Agreement for the first of the three (3) one-year terms. This term will commence on October 1, 2008 and terminate September 30, 2009; and 2. The amount shall be adjusted 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 4.1%, with quarterly payments increasing from $30,375.00, ($121,500.00 annually) to $31,620.38 ($126,481.52 annually). 3. In all other respects, the original agreement dated September 19, 2007 and amended May 21, 2008 remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST:'"DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA LIMA Dat ,zaa&O By Deputy Mayor Mario Di Gennaro e V Witnesses Date 2 -2 - 0 If MO COUNTY AT-fORNI JRO MAST ti I SS �TA N T ATTORNEY Date SIEMENS BUILDING TECHNOLOGIES, INC. Title (&:7ViFz?-Z- 27/6 � C) C= CD C-) FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 10 n ca r: ; '"� CD -� AGREEMENT FOR TESTING, CERTIFICATION, AND MAINTENANa MONROE COUNTY DETENTION CENTER: FIRE ALARM SYSTEM, APOGEE BUILDING AUTOMATION SYSTEM (HVAC), AND SMOKE CONTROL SYSTEM SHERIFF'S ADMINISTRATION BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM (HVAC) KEY WEST COURTHOUSE ANNEX: FIRE ALARM SYSTEM MONROE COUNTY JUVENILE JUSTICE BUILDING: FIRE ALARM SYSTEM AND BUILDING AUTOMATION SYSTEM MONROE COUNTY (MARATHON) GOVERNMENT CENTER: BUILDING AUTOMATION SYSTEM This Agreement is made and entered into this )9/-- day of /Y& /" , 2007, between MONROE COUNTY, FLORIDA (``COUNTY"), a poll i al subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SIEMENS BUILDING TECHNOLOGIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is 10111 Business Drive, Miramar, FL 33025. 'WHEREAS, COUNTY desires to provide testing, certification, and maintenance services for various public facilities, and 'WHEREAS, CONTRACTOR desires and.is able to provide testing, certification, and maintenance services to various public facilities; and WHEREAS, it serves a Iegitimate public purpose for CONTRACTOR to provide testing, certification, and maintenance services to various public facilities, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: Agreement 1-1 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 1. THE AGREEMENT The Agreement consists of this document and Attachment I only. 2. SCOPE OF THE WORK: SPECIFICATIONS FOR TESTING, CERTIFICATION, AND MAINTENANCE FOR VARIOUS PUBLIC FACILITIES LOCATIONS AS FOLLOWS: BUILDING AUTOMATION SYSTEM DEVICES, IN CURRENT NUMBERS: BUILDING TYPE DESCRIPTION QUANTITY # UNITS MONROE COUNTY DETENTION CENTER A VARIABLE AIR VOLUME (VAV) WITHOUT HEAT 26 MONROE COUNTY DETENTION CENTER B VAV WITH ELECTRIC HEAT 5 MONROE COUNTY DETENTION CENTER C VAV WITH FAN & ELECTRIC HEAT 9 MONROE COUNTY DETENTION CENTER D CONSTANT VOLUME WITH ELECTRIC HEAT 14 MONROE COUNTY DETENTION CENTER E FAN COIL UNITS 29 SHERIFF'S ADMINISTRATION BUILDING A VAV WITHOUT HEAT 28 MONROE COUNTY JUVENILE JUSTICE BUILDING C VAV WITH FAN & ELECTRIC HEAT 31 MONROE COUNTY GOVERNMENT CENTER C VAV WITH FAN & ELECTRIC HEAT 16 Agreement 1-2 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA FIRE SYSTEM DEVICES PER BUILDING, IN CURRENT NUMBERS: MONROE COUNTY DETENTION CENTER EST SYSTEM Smoke Detectors 297 Heat Detectors 38 Duct Detectors (Smoke & Heat) 212 Manual Pull Stations 29 Tamper Switches 29 Flow Switches 13 MONROE COUNTY SHERIFF'S ADMINISTRATION BUILDING —EST SYSTEM Smoke Detectors 23 Heat Detectors 7 Duct Detectors (Smoke) 3 Manual Pull Switches 6 Tamper Switches 5 Flow Switches 5 MONROE COUNTY COURTHOUSE ANNEX --EST SYSTEM IRC-3 Panel I Pull Stations 18 Ion Detectors 75 Photo Detectors 5 Duct Detector Modules 7 Thermal Detectors 8 Water Flow Modules 4 Supervisory Valve Modules 9 Control Modules (AHU Shutdown, Elevator Recall) 10 Main Controller I Remote Zone Module I Zone Addressable System Card 2 Remote Annunciators 10 Printer I MONROE COUNTY JUVENILE JUSTICE BUILDING —EST SYSTEM Photo Smoke Duct Detectors 12 Ion Smoke Detectors I Photo Smoke Detectors 96 Heat Detectors 17 Water Flow Switches 4 Pull Stations 15 Agreement 1-3 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA A. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FI.33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, material, equipment and documentation to comply with the authority having jurisdiction for the certification, maintenance, and testing of the Monroe County Detention Center's Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. The Contractor shall maintain and test the "FIREWORKS" fire control system and provide and install the latest software upgrades as they become available. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: With the Owner's prior approval, the Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. The Contractor shall provide cost estimates of such repairs or replacements for Owner's approval. Reimbursement shall be in accordance with this Agreement. Agreement 1-4 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 6) FIRE DOOR EGRESS SYSTEM (FEAR): The Contractor shall conduct tests as recommended by NFPA 101 on the Fire Door Egress System. The Contractor shall test to verify proper function of the Fire Door Egress System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Fire Door Egress System override priorities and system reset. B. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: APOGEE Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the maintenance and testing of the Monroe County Detention Center's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on -tine service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial -up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. Agreement 1-5 September FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify proper operation of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UP -GRADES: The Contractor shall install the latest up -grades to existing system as they become available. 4) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) PNEUMATICIELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES Agreement 1-6 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM VESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. d) CALIBRATION The Contractor shall provide evaluation and calibration of control loops to achieve peak building efficiency and occupant comfort. e) INSPECTION Verify proper operation of all VAVs and fan coil units. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. S) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peals operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. C. LOCATION: Monroe County Detention Center 5501 College Road Stock Island, Key West, FL 33040 SYSTEM: Smoke Control System Agreement 1-7 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall furnish all labor, material, equipment and documentation to comply with the service requirements for the certification, maintenance, and testing for the Monroe County Detention Center's Smoke Control System, including but not limited to the following: l) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: a) Smoke Control System Activation Test: The CONTRACTOR shall test to verify proper function of the Smoke Control System in response to automatic activation from the fire alarm system or manual activation from the system operator's console. This test will also verify proper operation of Smoke Control System override priorities and system reset. b) Smoke Control System Activation Test: The CONTRACTOR shall: • Check Firefighter's Smoke Control Station for switch settings in auto position. • Deactivate stair tower pressurization system. • Run point log and verify that the system is in the normal state. • Perform manual smoke control system activation priority test. • After performing individual zone test, reset system. Document that system has been made ready. • Return stair tower pressurization system to active mode. • Reset smoke control system and verify that system is ready for smoke control. • Document findings. Test performed per requirements set forth in the HVAC prints for Monroe County Detention Center (Reference Sheet 10.37). c) Firefiahter's Smoke Control Station (FSCS) Test: The CONTRACTOR shall test to verify operation of the FSCS by placing each FSCS switch into each of its active positions and observing the actual status or position of the corresponding smoke control equipment. Agreement 1-8 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA d) Smoke Control -System FSCS Cabinet Test: The CONTRACTOR shall perform the following: • Check diagnostic LED's, fuses and surge transient protection devices. • Check line cards and function cards. Check cabling and ensure that all wiring and terminations are secure. • Check incoming AC power and power supply. Check power supply voltages and adjust to +5 volts if necessary. • Check the time and reset if necessary. • Visually inspect FSCS cabinet and observe operating environment. e) Smoke Control System Control Test per Smoke Control Zone: The CONTRACTOR shall perform the following: Check and/or set starters of supply and return fans to their auto settings. Initiate the auto smoke strategy from fire alarm system interface. Record all results on "Smoke Control Activation Test Record" form. • Verify, using PT group tables or wild carding, that each piece of smoke control equipment has been commanded per the schedule. • Verify operation. Record and document any problems. Reset smoke control system. f) Emergency Power Test: The CONTRACTOR shall verify operation of smoke control system emergency power. Verify operation of each smoke control fan, damper and air -handling unit. Verify operation of FSCS under emergency power. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. Agreement 1-9 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA D. LOCATION: Sheriff's Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) . SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the Iatest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. Agreement 1-10 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA E. LOCATION: Sheriffs Administration Building 5525 College Road Stock Island, Key West, FL 33040 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Sheriffs Administration Building's Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: Agreement 1-11 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services. throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. Agreement 1-12 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. S) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. F. LOCATION: Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 SYSTEM: Fire Alarm System - EST The Contractor shall furnish all labor, materials, equipment and documentation to comply with the Authority Having Jurisdiction for the certification, maintenance, and testing of the Monroe County Courthouse Annex Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies, 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: Agreement t -'13 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 5) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. 6) MANDATORY WORK HOURS In order to allow for a normal court schedule, Annual Certification and testing shall be performed between the hours of 5:00 p.m. and 7:00 a.m. Coordination with the 16th Judicial Circuit is required prior to certification and testing of this system. G. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, Florida 33040 SYSTEM: Fire Alarm System The Contractor shall furnish all labor, equipment and documentation to comply with the authority having jurisdiction for the certification, Agreement 1-14 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA maintenance, and testing for the Department of Juvenile Justice Building Fire Alarm System, including but not limited to the following: 1) ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 2) SEMI-ANNUAL TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct semi-annual tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 3) QUARTERLY TESTING OF ALL COMPONENTS AS FOLLOWS: The Contractor shall conduct quarterly tests of all required system components as per the latest edition of NFPA 72H, Testing Frequencies. 4) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. S) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. H. LOCATION: Monroe County Juvenile Justice Building 5503 College Road Stock Island, Key West, Ff. 33040 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Juvenile Justice Building's Building Automation System, including but not limited to the following: Agreement 1-15 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: Agreement 1-16 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC/ELECTRIC EQUIPMENT MAINTENANCE a) DIAGNOSTIC SERVICES The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program. 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency Agreernent 1-17 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours, upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. I. LOCATION: Monroe County Government Center 2978 Overseas Highway Marathon, Florida 33050 SYSTEM: Building Automation System (HVAC) The Contractor shall furnish all labor, material, equipment and documentation to comply with accepted service requirements for the certification, maintenance, and testing of the Monroe County Government Center Building Automation System, including but not limited to the following: 1) ON-LINE SYSTEMS TROUBLESHOOTING AND DIAGNOSTICS: The Contractor shall provide system and software troubleshooting and diagnostics via modem. If needed, the Contractor will furnish, and install the necessary on-line service equipment, to enable the Contractor to remotely log -on to this system via regular voice grade dial up phone line. 2) OPERATOR SUPPORT: The Contractor shall provide unlimited consultation to assist the Owner in identifying, verifying, and resolving problems found in executing system tasks. 3) SOFTWARE SERVICES: a) INSIGHT GRAPHICS BACKUP: The Contractor shall backup the Insight graphics database one (1) time per year. In the event of hardware failure, the Contractor Agreement 1-18 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA shall reload the graphics database and system file from the current backup copy. b) FIELD PANEL DATABASE/SYSTEM FILE BACKUP: The Contractor shall backup each field panel database and system file one (1) time per year. In the event of memory loss, the Contractor shall reload the database from the current backup copy. c) FIELD PANEL DATABASE DIAGNOSTICS: The Contractor shall perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of the system. d) CONTROL LOOP EVALUATION AND TUNING: The Contractor shall, one (1) time per year, provide evaluation and tuning of the critical control loops to maintain system control to peak efficiency as building and mechanical system characteristics change. Verify operation and calibration of all VAVs and TECs. e) SOFTWARE CONSULTATION: The Contractor shall provide software consultation to assist the operator(s) in identifying, verifying and resolving software problems found in executing system tasks. f) SOFTWARE UPGRADES: The Contractor shall install the latest software upgrades to the existing system as they become available. 4) PNEUMATIC AND/OR ELECTRIC EQUIPMENT MAINTENANCE: a) DIAGNOSTIC SERVICES: The Contractor shall provide technical expertise to ensure system reliability and occupant comfort. Contractor shall review the operation of the equipment, assist in analyzing and troubleshooting problems, and make recommendations to optimize the building control performance within the functional limits of the system. b) OPERATING INSPECTIONS: Agreement 1-19 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA Contractor shall provide one (1) routine scheduled operating inspection to check system performance and equipment operating controls, to evaluate system efficiency and reliability. c) ANNUAL SERVICES: The Contractor shall perform extensive annual services throughout the contract year, developing and providing routine scheduled maintenance, thorough inspections, and detailed, operating and equipment checks as per the Manufacturer's recommendation and reviewed by the Owner. Equipment shall include but not be limited to all VAVs, FCUs, VFDs, dampers and controllers. 5) SYSTEM PREVENTATIVE MAINTENANCE: The Contractor shall develop and perform scheduled preventative maintenance in accordance with a program of standard maintenance routines as determined by the manufacturer's recommendations and reviewed by the Owner. 6) SYSTEM PERFORMANCE SERVICES - REVIEW AND EVALUATION: The Contractor shall provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program, 7) EMERGENCY OPTIONS FOR SYSTEM PERFORMANCE SERVICES: The Contractor shall provide on-line response, via modem, within two (2) hours of request for corrective maintenance during the emergency response window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, the Contractor shall be on -site within 24 hours upon Owner's request. 8) CORRECTIVE MAINTENANCE AND COMPONENT REPLACEMENT: The Contractor shall repair or replace failed or worn components to maintain the system in peak operating condition. Upgrade equipment by systematically modernizing existing components as may be necessary. Components that are suspected of being faulty will be repaired or replaced in advance to prevent system failure. Contractor Agreement 1-20 Septernber 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA shall provide cost estimates of such repairs or replacement for Owner's approval. Reimbursement shall be in accordance with this agreement. J. RESPONSE TIME - Monday through Sunday, 24 hours per day: The Contractor shall provide emergency service between scheduled preventative maintenance calls, Monday through Sunday, including holidays, 24 hours per day. Emergencies are to be determined by the Owner. K. ON -SITE RESPONSE The Contractor shall be on -site to provide emergency service within 24 hours upon the Owner's request. Non -emergency calls as determined by Owner will be incorporated into the next scheduled preventative maintenance visit. L. DOCUMENTATION OF ALL SERVICES PROVIDED The Contractor shall document each on -site service call and furnish the Owner with a copy showing time, date, and a brief description of activity. Work orders for on -site system preventative maintenance will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed, and any special instructions. All documentation shall be submitted to the Owner by the Contractor with the quarterly invoice for payment. M. QUALITY ASSURANCE PROGRAM The Contractor shall meet the Owner on a semi-annual basis to evaluate system performance and Owner's satisfaction with the quality of service that is being provided. Contractor is to schedule a meeting with the Owner at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. Contractor shall compile all maintenance criteria and procedures for all systems and equipment as recommended by the Manufacturer. The maintenance criteria and procedures shall be formatted under major headings of which is then to be incorporated into a bar/Gantt chart schedule utilizing Microsoft Scheduler or equal, showing the Contractor's scheduled site visits and the tasks to be accomplished in order to complete the contract's scope. N. STAFFING The Contractor shall provide qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the systems Agreement 1-21 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA as required pursuant to this Agreement or by law. The Contractor shall utilize any and all other additional personnel that may be necessary for the maintenance of the systems during abnormal or emergency conditions for Monroe County, Florida upon receipt of approval of such additional personnel by the Owner. O. MATERIALS AND EQUIPMENT Such tools and equipment acquired by the Owner or by Contractor for the Owner with budgeted funds will remain a part of the facility upon termination of this Agreement. The Contractor shall take all steps necessary to preserve and maintain any warranties on any of the tools, equipment and facility components, and to keep the Owner informed in a timely manner of all steps taken to preserve and maintain such warranties. P. MAINTENANCE, REPAIR AND REPLACEMENT The Contractor shall, when providing maintenance or repair services, maintain the systems in good condition and repair, including making all necessary repairs and replacements consistent with standard NFPA requirements and fire Alarm System, Smoke Control System, and Building Automation System practices. The Contractor shall maintain the safety of the systems at a level consistent with applicable law and normal practices for systems of similar magnitude. The Contractor shall maintain the systems and equipment in good repair and in a neat, orderly and litter free condition in order to protect the systems against deterioration and to maintain the aesthetic quality of the facilities. The Contractor shall correct any material deficiencies, inefficient operation and maintenance of the systems throughout the term hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida for a period of twelve (12) months after the earlier of substantial completion of the work or first beneficial operation or use. All auxiliary equipment not manufactured by Contractor carries only such warranty as given by the manufacturer thereof and which is hereby assigned to County. THE EXPRESS WARRANTIES SET FORTH HEREIN CONSTITUTE CONTRACTOR'S SOLE WARRANTY OBLIGATION AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES WHETHER STATUTORY. EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED. The Owner shall have the right to request copies of maintenance records maintained by the Contractor during normal business hours. The Contractor shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow Agreement 1-22 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL. SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA any other party to act, so as to interfere with the effectiveness of such warranties, Q. FINES AND PENALTIES The Contractor shall be liable for the following: 1) Any fines or civil penalties which may be imposed by any governmental or quasi -governmental agency or body; and 2) any judgments or liabilities arising from actions by non -government or quasi -governmental agencies or bodies for violations of applicable county, state, and federal laws and regulations to the extent directly arising out of, or resulting from, the performance of its duties and obligations under this Agreement, including, without limitation, acts and omissions of the Contractor, its employees, agents, officers and subcontractors. The Contractor shall not be responsible for any fines or civil penalties due to legal proceedings concluded prior to execution of this Agreement, unless such fines or civil penalties are the direct result of an act or omission of the Contractor pursuant to the terms hereof. R. HOURLY LABOR AND MARKUP RATE Each bid shall also contain an hourly labor rate for upgrades, repair or replacement work not within the scope of maintenance and testing and a markup rate for materials and equipment furnished. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Article XXVI of the Monroe County Code. All repair work necessary requiring reimbursement for funding by the Owner will require prior approval by the Owner unless it is deemed an emergency and the Owner's representative cannot be contacted. In such case, documentation will be required certifying; emergency requirement immediately after the fact. S. SPECIAL PROVISIONS TOOL CONTROL PLAN —The Monroe County Detention Center requires a Public Works Department staff member to inventory all visitor's and contractor's tools on the approved Visitor/Contractor Tool Inventory form prior to entering and departing the facility. Only those tools necessary for the project will be allowed inside the facility. Contractors shall be under staff escort and supervision at all times while in the secured envelope of the facility or anywhere inmates may have access to the work area. The escort shall have in his/her possession a contractor tool inventory. Any discrepancies in the tool inventory will be handled by the escort as outlined in Section 16 of the Monroe County Administrative Instruction #6606.1 and the Contractor Agreement 1-23 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA shall remain at the facility until attempts of tool recovery have been completed. SMOKING POLICY —The Monroe County Detention Center is a non- smoking facility. Employees and contractors are not permitted to bring tobacco, cigarettes, cigars, lighters or matches into the secured envelope. If these items are brought into this facility, the act is considered to be an Introduction of Contraband which is punishable by law. The minimum action that a Contractor may expect from the Monroe County Sheriff's Office for Introduction of Contraband is to be permanently barred from future entrance to the facility. T. SPECIFICATIONS The specifications contained herein are considered to be the minimum standards required. The maintenance of the systems shall comply with all applicable Federal, State, and Local codes and ordinances. 3. PAYMENTS TO CONTRACTOR A. COLJNTY'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 quarterly 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. C. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance. D. COUNTY shall pay to the CONTRACTOR for the performance of all services except those identified herein as "Corrective Maintenance and Component Replacement" ("Additional Services") on a per quarterly, in arrears basis on or before the I" day of the following month in three (3) month periods. The CONTRACTOR shall invoice the COUNTY quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount shall be as stated by the CONTRACTOR's proposal as follows: Monroe County Detention Center $64,500.00 per year Agreement 1-24 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA Sheriff s Administration Building $17,600.00 per year Key West Courthouse Annex $5,500.00 per year Monroe County .Juvenile Justice Building $26,400.00 per year Monroe County Government Center $7,500.00 per year E. COUNTY shall compensate the CONTRACTOR for Additional Services performed under this Agreement, as follows: i. The actual cost of parts and materials purchased from manufacturer as described in Attachment 1. 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 Owner for any part, regardless of the cost. if the CONTRACTOR and the Manufacturer are the same entity, CONTRACTOR shall confirm and provide the COUNTY with best customer pricing status. ii. The cost of labor and equipment used by the CONTRACTOR to compensate the CONTRACTOR for Additional Services will be calculated using the unit prices set forth in the CONTRACTOWs bid as follows: 1. Labor — normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays See Attachment 1 2. Labor — overtime rate, other than the normal working hours, including weekends and holidays See Attachment 1 iii. Total Compensation to CONTRACTOR for additional services under this Agreement shall not exceed TWENTY-FIVE THOUSAND AND N01100 DOLLARS ($25,000.00) unless pre -approved emergency work requiring additional funds is implemented. 4. TERM OF AGREEMENT This Agreement shall commence on October 1, 2007 and ends upon September 30, 2008, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional three (3) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end of the initial term. Unless the contract clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one year. Agreement 1-25 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 5. 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, Florida Statutes, 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) but only to the extent caused by the services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees,, or agents in performing the services. 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 1-26 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE 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: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $500,000 bodily injury by accident, $500,000 bodily injury by disease, policy limits, and $500,000 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 S300.000.00 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 per person, $300,000 per occurrence, and $50,000 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 $1,000, 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 within fifteen (15) days of the award of Bid 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. Monroe County shall be named as an additional insured on the Vehicle Liability and Commercial General Liability insurance. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 9. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 296.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Agreement t -27 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDISCRIMINATION 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 Iimited to: 1) Title VII 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 VIII 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. 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 Agreement T -28 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING. CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 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. 1.3. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and 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, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Agreement 1-29 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 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 17. TAXES FOR CONTRACTOR: Siemens Building Technologies Inc. 10111 Business Drive Miramar, FL 33025 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 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. 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 Agreement 1-30 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 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. This Agreement is not subject to arbitration. 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 each of COUNTY and CONTRACTOR. 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 1-31 September 2007 FIDE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA 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 parry 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 1-32 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE 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 Iaw. 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 claimm 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. FORCE MAJEURE Contractor skull not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control. including but not restricted to acts or omissions by County or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, Agreement 9 -33 September 2007 FIRE ALARM SYSTEM, BUILDING AUTOMATION SYSTEM, AND SMOKE CONTROL SYSTEM TESTING, CERTIFICATION AND MAINTENANCE MONROE COUNTY, FLORIDA corrosion, flood, water damage, lightning, freeze -ups, strikes, lockouts, differences with workers. riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles. fuel, Iabor or materials. 36. CONSEQUENTIAL DAMAGES AND L[LMITATIONS OF LIABILITY Anything herein notwithstanding, in no event shall either County or Contractor be liable to the other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages and, in any event, Contractor's aggregate liability for any and all claims, losses or expenses arising out of the Agreement, or out of any goods or services furnished under the Agreement, whether based in contract, negligence, strict liability, agency, warranty, trespass, indemnity or any other theory of liability shall be limited to the lesser of $1,000,000 or the total compensation received by Contractor from County under the Agreement. 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. QKOyLHAGE, CLERK By: �L_L&0_ ,eJ Deputy Clerk Date: On(- 1 q - O -1 Witnesses for CONTRACTOR: Noe G. Bermudez Assistant Secretary Signature N-110 7 Date oi, Signature PAhM A T,II a�0� CONTRACT COGROINATOR Date APPROVED BY LEGAL. reement DougUs A. Doty BOARD OF COUNTY COMMISSIONERS OF MO OE COLJI Y LOIDA Mayor Mario Di Gennaro Date: t7R— 1C)-(.) SIEMENS BUILDING TECHNOLOGIES, INC. j Signature of person authorized to legally bind_Co oration Date: George T. Burcic, X Print Na ...,..,,.....�..� #'overnance & Compliance Address: 1000 Deerfield Parkway Buffalo Grove, IL 60089 Telephone Number 15-1000 MONRO OUNTY AT RNEY APP ED S T� C-IYEDCRO J. ME ADO Date d ! �e ember 2007 "z. 1EMENS $135.001hr $160.D01hr Attachment 1 South Florida - LABOR and MATERIAL RATES EFFECTIVE January 1, 2007 HVAC Mechanic- Pipefrtter or Electrical Installer Proiect Manager $98.00Ehr $160.041hr charge included for metropolitan areas. Mileage charges will be added beyond 60 miles. ertirne Rates are defined as follows: `MONDAY — FRIOAY (Outside of Normal Business Hours*) = 1.5 x APPROPRIATE RATE ',$I!1TURDAYS 1.5 x APPROPRIATE RATE 4' �UNDAYS & HOLIDAYS 2.0 x APPROPRIATE RATE :NORMAL BUSINESS HOURS 8:00 AM - 5:00 PM, MONDAY THRU FRIDAY ** A $100.001day TRAVEL PER DIEM WILL BE ADDED TO OVER NIGHT STAY AS REQUIRED. MINIMUM SERVICE TIME 2 HOUR MINIMUM CHARGE, dispatch or via Siemens On -lint? Service �':' T'CHNICAL SUPPORT PROGRAM CUSTOMERS(TSP): RECEIVE A 50% DISCOUNT FROM CURRENT PUBLISHED LIST PRICE ON BUILDING AUTOMATION COMPONENTS as published in the Powers Controls PneumaticlElectronic & Apogee Automation PRICING GUIDE. • RECEIVE. "Trade Net- PRICING FROM SIEMENS FIRE SAFETY COMPONENTS as published in the FIRE SAFETY PRICE LIST. r' • • ALL OUTSIDE MATERIAL INCLUDING MATERIAL FROM OTHER SIEMENS DIVISIONS WILL BE SOLD PER THE OUTSIDE PURCHASE MARK-UP SCHEDULE. RECEIVE A 20% DISCOUNT ON TECHNICAL LABOR (PROJECT MANAGER. APPLIC. ENGINEER, SPECIAusTffECHNi0AN) • RECEIVE A 10% DISCOUNT ON MECHANICAUELECTRICAL LABOR (HVAC MECHANIC, PIPEFI TER, ELECTRICAL INSTALLER) Mark -Up for Outside Purchased Material For use when calculating pricing al non-standard products for Labor & Material and Non -Installed product lines. SIEMEN5 COU MULTIPLIER $ 0.01 thru $ 150.00 = X 2.00 $ 151.00 thru $ 500.00 = X 1.75 $ 501.00 thru $ 5,000.00 = X 1.65 $ 5,001.00 and up = X 1.55 alernens Building Technologies, Inc 10111 Business Drive Miramar, FL 33025 (954) 364-6600 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Facilities Maintenance Staff Contact Person/Phone #: John Kin 292-4531 AGENDA ITEM WORDING: Approval to award bid and execute contract with Culver's Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck Key, Monroe County. ITEM BACKGROUND: Our current agreement with Culver's Cleaning Company will terminate on October 31, 2010. Bids were opened on September 9, 2010, with two respondents: Culver's Cleaning at $1,800 per month and Jayne's Cleaning at $1,850 per month. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $21,600/31. BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: same SOURCE OF FUNDS: tourist development tax REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH PER YEAR APPROVED BY: County Atty. x OMB/Purchasing x Risk Management x DOCUMENTATION: Included x Not Required _ DISPOSITION: AGENDA ITEM # M E M O R A N D U M DATE: September 13, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — October 20, 2010 BOCC Meeting Approval to Award and Execute Agreement with Culver's Cleaning Company Bids were opened on September 9, 2010 for janitorial services and the opening and closing of Veteran's Memorial Park restrooms. Two bidders responded: (1) Culver's Cleaning Company bidding $1,800/month; and (2) Jayne's Cleaning Service Inc. bidding $1,850/month, with Culver being the low bidder by $50.00. I hereby recommend approval to award bid and execute a contract with Culver Cleaning Company for the janitorial services at Veteran's Memorial Park and the opening and closing of the Park restrooms. JWK/jbw Enclosures (n W =1 d W J zm W O mm Z Z T 0 o n 0. F.. W v- vi in- C7 Q W m W LV L o� v w o a Z w a > d arg Z O U L JCL F LU Z s > m ~ MM Z Z , .� U i- _U N + > O Q Z sv o c J W CL �- U V U J Cl- o) v U o°i t (n } � v ti > z o� o o U Q^ m� Hsi m MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Culver's Cleaning Co Contract # Effective Date: 11/01/10 Expiration Date: 10/31/11 Contract Purpose/Description: For the Janitorial Services, and the opening and closing of the Veterans Memorial Park restrooms. Contract Manager: Jo Walters 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $ 21,600.00 Current Year Portion: $ 21,600.00 Budgeted? Yes® No ❑ Account Codes: 118-78040-530460-TM18141-530460 Grant: $ N/A County Match: $ N/A Estimated Ongoing Costs: $_ l (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes Date In Needed Division Director C(lZ-? Yes[:] No Risk Manage ent ' � Yes❑ No[D` O.M.B./Pu asmg �' l t 1 C Yes❑ No❑ County Attorney \� Yes❑ N Comments: )mts corm Kevisea 212 //ul mcp #1 utiliti etc.) Date Out AGREEMENT FOR JANITORIAL SERVICE VETERAN'S MEMORIAL PARK RESTROOMS LITTLE DUCK KEY, MONROE COUNTY, FLORIDA This Agreement is made and entered into this day of October, 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 CULVER'S CLEANING COMPANY, Anthony Culver, Owner ("CONTRACTOR"), whose address is Post Office Box 500333, Marathon, FL 33050-0333. WHEREAS, COUNTY desires janitorial services be provided for Veteran's Memorial Park restrooms on Little Duck Key, and WHEREAS, CONTRACTOR desires and is able to provide janitorial services for Veteran's Memorial Park restrooms on Little Duck Key; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services Veteran's Memorial Park restrooms on Little Duck Key, 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. DESCRIPTION i. The contractor shall furnish janitorial services, including all necessary supplies and equipment required in the performance of same, for the rest room facilities located at Veteran's Memorial Park on Little Duck Key, Mile Marker 40, Monroe County Florida. The restrooms include one women's restroom with three toilets and one sink; a men's restroom with two toilets, one urinal and one sink; and a handicap restroom with one toilet and one sink. ii. The contractor shall be responsible for unlocking the rest room facilities seven (7) days per week promptly at 7:30 a.m. iii. The contractor shall be responsible for locking the rest room facilities seven (7) nights per week promptly at sunset. B. WORK HOURS i. The contractor shall open and unlock all rest rooms (men's, women's, and handicap) seven (7) days per week at 7:30 a.m. ii. The contractor shall clean all rest rooms (men's, women's, and handicap) seven (7) nights per week upon closing, or seven (7) mornings per week upon opening. Agreement 1 August 2010 iii. The contractor shall close and lock all required rest room facilities seven (7) nights per week at sunset. C. REST ROOM SANITATION: Rest room sanitation shall include the following services: i. All floors, concrete surfaces and ramps must be swept with a straw broom & the loose dirt removed. ii. Wash and disinfect floor and upon completion, floor is to be mopped to a damp dry condition. iii. Stall partitions damp cleaned. iv. All commodes, urinals, basins and vanities shall be scoured and disinfected. v. All urinal traps shall be specially cleaned and disinfected. vi. All sanitary napkin receptacles shall be cleaned, waste disposed, and disinfected. vii. All paper products shall be replaced/replenished, to include toilet paper, paper towels and sanitary products. Restrooms are equipped with the Cormatic paper towel and toilet paper dispensers. viii. All Cormatic soap Dispensers are to be filled with hand soap. ix. All slop sink closets are to be cleaned completely each week and mops, buckets, etc., removed to storerooms after usage. x. All trash receptacles are to emptied on a daily basis. xi. All other work necessary to maintain a clean and sanitary condition in these rest rooms shall be accomplished, whether it is specifically noted in these specifications or not. D. COORDINATION OF THE WORK i. Contractor shall provide maximum amount of janitorial services with the minimum amount of interference to rest room occupants. ii. Coordination of the work with the County area representative shall be the responsibility of the contractor. The contractor shall perform the work during hours and times as specified. iii. Keys shall be issued to the contractor by the area representative at the start of the Contract. Written confirmation of receipt of keys shall be signed by the contractor. The contractor shall return all keys as issued upon expiration of the Contract or termination. iv. The contractor shall be responsible for the cost of changing locks, etc., for all keyed secured areas for which the contractor does not return the keys. v. The contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Area Representative immediately. E. PAPER PRODUCTS AND SUPPLIES i. The contractor shall provide all supplies necessary for the cleaning performance of his work. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and trash can liners, shall be supplied by the contractor. Agreement 2 August 2010 ii. The contractor shall maintain stock in each facility in an amount sufficient to last through the next cleaning day. F. INSPECTION OF WORK i. Random inspections shall be performed by County Representatives from the Public Works Division administering the contracts. ii. Deficiencies shall be corrected within a twenty-four (24) hour period of notification to the contractor. Failure of the contractor to correct such deficiencies shall result in prorated deduction from the monthly invoice. 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 monthly invoices in arrears on or before the 30`h day of the following month in each of the twelve (12) months, with supporting documentation acceptable to the Clerk, if necessary. 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: ONE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($1,800.00) per month. 4. TERM OF AGREEMENT This Agreement shall commence on November 1, 2010, and ends upon October 31, 2011, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end of the initial term. Unless the contract 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 and approvals shall be submitted to the COUNTY upon request. Agreement 3 August 2010 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, Florida Statutes, 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 (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at minimum statutory limit as required by Florida Law, and Employee's Liability coverage in the amount of Agreement 4 August 2010 $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100.000.00 bodily injury by disease, each employee. The Contractor shall purchase and maintain, throughout the term of the contract, EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $10,000.00 per Occurrence which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. 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. If single limits are provided, the minimum acceptable limits are $100.000.00 per person, $300.000.00 per occurrence, and $50, 000.00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL 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. 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 within fifteen (15) days of the award of Bid 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. Monroe County shall be named as an additional insured on the Vehicle Liability and Commercial General Liability insurance. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 9. NON -WAIVER OF 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. Agreement 5 August 2010 11. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, 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, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any Agreement 6 August 2010 manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant. that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY' S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Anthony Culver, Owner Culver's Cleaning Company Post Office Box 500333 Marathon, FL 33050-0333 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. Agreement 7 August 2010 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. 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. This Agreement is not subject to arbitration. 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. Agreement 8 August 20I0 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 the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, 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 Agreement 9 August 2010 of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall 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 Agreement 10 August 2010 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) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: Deputy Clerk Date: WITNESSES for CONTRACTOR: �- - ature L��a ��21 b Date Signs Date By: _ Mayor Date: CUL ER'S CLE ING COMPANY Signature of person authorized to I egally b'nd Corpo ation Date: L p ft� r�� L✓ Print Name Address w� _ d !iErylq Telephone Number MU C UNTY AT RNE O D AS T a J. M CADO ASSISTANT COU Y ATTORNEY Date Vz z/(i Agreement 11 August 2010 "Bid — Janitorial Services for Veteran's Memorial Park Restrooms, Little Duck Key, Monroe County, Florida" Bidder/Respondent: Culver's Cleaning Company Anthony Culver — Owner/Contact Person P.O. Bog 500333 Marathon, FL 33050-0333 (305) 743-7926 or (305) 393-0684 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA I acknowledge receipt of Addenda No. (s) ( 1 # I have included the Bid which includes: 1. Bid Response Form 2. Non -Collusion Affidavit _ 3. Lobbying and Conflict of Interest Clause Form 4. Drug Free Workplace Form 5. Local Preference Form (if applicable) In addition, I have included: 6. Monroe County Business Tax Receipt copy 7. Insurance Agent's Statement 8. Bidder's/Respondent's Insurance & Indemnification Statement r/ 9. All requirements as stated in the Instruction to Bidders, Paragraph H. (Check mark items above, as a reminder that thev are included.) Mailing Address: , o, � Telephone: 0Sq -U-2-3 3 Fax: 46 - rW- 049(p Date: q i Signed: Witness: _ ;,�j (S ) Print Name L' v Title&"e­"- Bid Documents 3-2 July 2010 Tab 1. General Information a. Sole Proprietorship - Anthony Culver/Owner b. Anthony Culver — Sole Owner c. Established in 1997 —13 yrs. Of Operation d. 13 yrs. of operation under present name e. Not applicable f. Customer references: Greenman Law Office -Frank Greenman #743-2321 Keys Insurance — Grimelda Betancourt #743-0494 Fla. Keys Keynoter — Kathie Bryan #743-5551 g. Credit References: Bank of America/Ford Motor/Capital One h. Relevant experience: Culver's Cleaning Company has held the contract of janitorial services for Veteran's Park since the year of 2000 recently performed janitorial services for the Marathon Airport Facility for a period of three years. Tab 2. Past Performance on Simflar Proiects Clients Summary of services — General and Major cleaning duties to include, disinfecting bathrooms, vacuuming, mopping, sweeping ,and buffing floors, dusting shelves, polishing desks, cleaning windows, ac vents, and baseboards, etc. Monroe County BOCC — Courthouse/Clerks Office/Tag Agency Marathon, FL 33050 Contact person: Bob Stone Year of service: 1998 City of Marathon 10045-55 Overseas Hwy. Marathon, FL 33050 #743-0033 Contact person: Susie Thomas Yrs. of service: 4/25/00 — 2005 Ben Roche CPA P.O. Box 56 Marathon, FL 33050 #743-4703 Contact person: Ben Roche Yrs. of service: 2/21/97 — July 2010 Keys Insurance Agency 5800 Overseas Hwy. Gulfside Village Marathon, FL #743-0494 Contact person: Derek Martin-Vegue or Grimi Betancourt Yrs. of service: 4/29/98 — present TIB Bank 11401 Overseas Hwy. Marathon, FL 33050 4743-7845 Contact person: Debbie Morelli Years of service: 1/l/99 — present First State Banks Branches from Marathon to Key West Contact person: Bill Chase 4396-8535 Years of service: 8/30/04 — present Centennial Bank Branches from Marathon, Big Pine, Key Largo & Islamorada Contact person: Ted Sylvia #305-304-8980 Years of service: June 2009 - present Tab 3. Maintenance Culver's Cleaning Company delivers quality dependable service and performs most of the work personally, all other personnel involved with Culver's Cleaning Company have performed work for the company for the past ten years. Tab 4. Litigation a. No b. No c. No d. No Tab 5. County Forms and Licenses a. Bid Form b. Lobbying and Conflict of Interest Clause c. Non -Collusion Affidavit d. Drug Free Workplace Form e. Local Preference Form £ Bidder's Insurance and Indemnification Statement g. Insurance Agent's Statement h. Copies of all professional and occupational licenses. JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA SECTION THREE BID RESPONSE FORMS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 l, ►Jt t t . ► y The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of: JANITORIAL SERVICE FOR VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY, MONROE COUNTY, FLORIDA and having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman -like manner, in conformance with specifications, and other contract documents including addenda issued thereto bid in writing —per month /I �C��% Per Month Amount of bid in numbers In the event of a conflict between the bid in words and the bid in numbers, the bid in words will control. Bid Documents 3-1 July 2010 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ,2T ts�,i (�✓ 1��' 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) D tY14-- Date: 9- S;)-- a STATE OF COUNTY OF A' 2- 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 ,,0 .i My commission expires: -A OMB - MCP FORM #4 Bid Documents 3-4 July 2010 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT I, A i4k I (Il kI V 2 r of the cityof according to la on my oath, and under penalty of perjury, depose and say that: 1. I am i of the firm of Y the bidder making the Proposal for the project described in the Notice for Calling for bids for: ot'- *ct fo and that I executed the id proposal with full aut oiity to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; 4. No attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts fio said project.. k" �/ J - (ignatw of Bidder) (Date) r STATE OF:�_ COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority_��1� who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of '�7— 20 Iq My Commission Expires. Bid Documents 3-3 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Dat /�w ) OMB - MCP#5 Bid Documents 3-5 July 2010 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder Date: I. Does the vendor have a va*1ridreceip for a business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? //�_� (Please furnish copy. ) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? 1 List Address: JD Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? W If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Signature andl —ttle of Authorized Signatory for Bidder/Responder wtGa)l � STATE OF - LL� Tel. Number 4- Print Name: COUNTY OFD O this day of �20 /0, before me, the undersigned notary public, personally appeared _ a / t known to me to be the person whose name is subscribed above or who produced was identification, and acknowledged that he/she is the person who executed t bove Local referen Form for the purposes therein contained. of ublic�7 4( 4� - - Print Name My commission expires: -!-5:c,) -.5 � ------------- GRIVILI iSETIWCOURT Nobly Publk • Shh of AwIM • Mp C�Nafoo Et�ia fNp 2b, �91 Seal n / W "M dafte7ftr is -.mum, bid uocuments 3-9 July 2010 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $100,000 Bodily Injury by Accident $500,000 Disease, policy limits $100,000 Disease, each employee General Liability, including: $300,000 Combined Single Limit Premises Operation or Blanket Contractual $100,000/person; $300,000/occurrence Products and Complete Operations $50,000 Property Damage Expanded Definition of Property Damage Personal Injury Vehicle Liability $100,000 Combined Single Limit or $100,000/Occurrence; $50,000/Person; $25,000/Property Damage Employee Dishonesty $10,000/occurrence INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, 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. In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Bid Documents 3-6 July 2010 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S /RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the co act and will comply in full with all the regquirements. Bid espo den Signature y ��- Bid Documents 3-7 July 2010 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES rC-A _ :A -a(A ----�b 1 v-1 i 0) b C)b P.O. Box 500280 --��rathan nsurance gency Claims Made -Y;/ Sign ture Pn ame: r) t, C &2 S fd �t Im Bid Documents 3-8 July 2010 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person John King (305) 292-4531 AGENDA ITEM WORDING: Approval to terminate the month -to -month contract with Weathertrol Maintenance Corp and award bid and execute a contract with the lowest responsive bidder, Weathertrol Maintenance Corp. for Lower Keys facilities central air conditioning maintenance and repair. ITEM BACKGROUND: The Lower Keys facilities central air conditioning maintenance and repair agreement between Monroe County and Weathertrol Maintenance Corp. terminated July 29, 2010. Bids were received on June 23, 2010 with Weathertrol not being low bidder. On July 21, 2010, staff recommended the low bidder but Weathertrol protested the bid award. The Board directed staff to extend Weathertrol's terminating contract on a month -to -month basis to allow for a re -bid and award of new contract. Re -bidding took place on September 7, 2010 with five respondents. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval Not to exceed TOTAL COST: $70,000 INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same REVENUE PRODUCING: Yes No APPROVED BY: County Atty DOCUMENTATION: Incl ed X DISPOSITION: Revised 2/05 BUDGETED: Yes XNo SOURCE OF FUNDS: Ad Valorem UNT PER MONTH Year Not Required Risk Management AGENDA ITEM # M E M O R A N D U M DATE: September 9, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - October 20, 2010 BOCC Meeting Approval Terminate Month -to Month Agreement with Weathertrol Maintenance Corp. and to Award and Execute Agreement - Weathertrol Maintenance Corp. for Central Air Conditioning Maintenance and Repair for Lower Keys Facilities The Lower Keys facilities central air conditioning maintenance and repair agreement between Monroe County and Weathertrol Maintenance Corp. terminated July 29, 2010. Bids were received on June 23, 2010 with Weathertrol not being low bidder. On July 21, 2010, staff recommended the low bidder but Weathertrol protested the bid award. The Board directed staff to extend Weathertrol's terminating contract on a month -to -month basis to allow for a re -bid and award of new contract. Re -bidding took place on September 7, 2010 with five respondents: No. Description DEBONAIR MECHANICAL SUB ZERO SSI MECHANICAL MILLER MECHANICAL WEATHERTROL 1. Mechanic - per hour $83.00 $85.00 $68.00 $81.65 $80.00 2. Mechanic/helper per hour $126.00 $130.00 $102.00 $112.00 $120.00 3. Mechanic per hour OT $124.50 $125.00 $102.00 $123.00 $120.00 4. Mechanic/helper per hour OT $189.00 $175.00 $123.00 $168.00 $180.00 5 R-22 $12.00 $14.00 $12.00 $12.00 $13.00 6 R-12 $49.00 $42.00 $21.00 $55.00 $34.00 7 R-11 $27.00 $38.00 $21.00 $25.00 $20.00 8. 134A $17.00 $18.00 $15.00 $16.00 $15.00 9. 408A $25.00 $30.00 $15.00 $37.00 $12.00 10. 404A $16.00 $20.00 $15.00 $16.00 $9.00 11. 123 $11.00 $24.00 $21.00 $16.00 $9.27 12. Manufacturer's invoice plus 28% 30% 20% 20% 20% not requested 410A $16.00 SSI Mechanical was the lowest bidder but they did not respond to all requested information, thereby making their bid non -responsive. Weathertrol was the next lowest responsive bidder. I hereby recommend approval to terminate Weatahertrol's the month -to -month contract and award bid and execute a new contract with Weathertrol Maintenance Corp. for Lower Keys facilities central air conditioning maintenance and repair. JWK/jbw Enclosures o� s w o 0 N N H Y d Q s � W u CL >� m m m co co Q m � CO m m 0 m m m m _) Y O O p O Q c? J 0 O p Q O O O g d DC (V In tt) ^ .p nj .-; .-i t[) In lt7 s v W •r N .-� (n .-� �p . r .-r N N -4 .-.1 --4 3 !R y} {ptH} 404 4pky!} i!} �, � � � iR N o 40:1- Q N N c N '0 W d DC CY [Y .M, .a tt ~ V DC CY LY CV) .-+ } o H V) >. o Q [Y M w DC aC CY DC N DC AO__ d w w Q °zs H °; �; w w M CA) oHriro w a CLa a cL n. V)LL- =o Z �j o0 08 a U Q (n N '� M 06 O M > VI Z L. Z � .-� — —O V-1 o w H Z ?� 0) v N F-' E H O (A) >_-. � V 2= °CS 0 w _ V Co4)ix v v jy W w aC a .n Q Q Z ix CL a a u72 _ a ~ Z O '0 4 0 0 0 n H � cm 00 cmC ° cmZ > } H W H p c° u '� g Q O Z a o"iv°� O L o>.' L Q - c u u L Q V y L H aL DC Z o } ►- j Z ° f-. N_ _u } h u �- > O AC LU v } o 0 o CO _l 0 .CL o 0 0L t- +N- O ---1 d s } o HW 0 iF F- H Y N Q S � LLCL v Lo - CO co CO _"A CO co []J co J CO CO COCO N a E L Q� Q� ppJ oo 000 ppJ ci O O W ^'00 d M d 0 � O3 N N N .-r Q •-� ct Q w Q V N N N V -� CA) Z --f •~i w N Ts O H �' �- O Q = aL m W ac a! aC aC N d CL W W H W W W W W as LUL w LL _ Z o 0 0 0 3 vpv� Q Dui oo } > Z ^ Lu cm N CM w = o w O (A) F- Z +� � � o 0 j T � ¢ v N ' CC W = _ V co cc GY W v v Q Q Z Cz a s w u ..o ..0 �a~� Z Z o00 0-v 00 ,"_ = �Q O O o L00 60 0 O o —4 p0 00 N 0)r C W 14 } V+ t o rn a_ V Q O p a d- L N O1 V N Q LU v Z > C � UC L 1 ZW Z L*tN' }�uto uN0 > a}t - 4- u +- > sNc�(Lv�► o >Zv° a y. oc ) } L m LijC W = +_ O E N N 't7 LL N N oo w v c O o Of ,a. } � o C w Lu 00 W M cV c H Z 0) t V U- V N 'z QU- 8S8$$� d� LLJZ 4 v "' N ~ N Q w Ito 4,q.�4R�+�4A N N 'o a O T U_ W N N •-+ Q Q Q M G Z g i cz I '"Moo~ d} w a. O ac .y O DC co ix It W W t 'WO�LO1 DC LY °L t" w= aLu Z `t��Z� W lL = N oL co �L a +- dL) V Q Z O J UJ 3 N 00 +�- obi O CY Z O c Lij N 4A- _ o W Q } Q D V W ac '� ��' = 2 n. (A) .-� 23 #$ O Lu W .v .o n Q z Z DC p O a Z Z = W y= a0 ,` v _ Q O o cm Z OOwv O� m 3� W M N >.•� L W00 s o N rn QO CL Z a oui-v°� O > DC .cn _ u H Q o 4- N 0 L Z w H v° " "� } LU V Z Z v, u } 0Q } v y W W o� a -� 0 L ,..1 1H— LUU aco L a of �- U c Q Z } E vi L (A)0 d E�l t- o� co LU o V d = MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Weathertrol Maintenance Contract # Corp. Effective Date: 11/01/10 Expiration Date: 10/31/11 Contract Purpose/Description: Award and execute contract for central a/c maintenance and repair for the Lower Keys Facilities Contract Manager: Jo B. Walters 4549 Facilities Maint / #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 10/05/10 CONTRACT COSTS Total Dollar Value of Contract: $ 70,000 me Current Year Portion: $ 70,000.00 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ 001-20505-530-340- County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr (Not included in dollar value above) For: maintenance CONTRACT REVIEW Changes Date Out Division Director Date in 9 110 1 Q Needed Reviewer Yes❑� No / Risk Management Yes❑ NoEf PJ[c. O.M,B./Purchasing 77 ►G Yes❑ No County Attorney Yes❑ NoX C �' L Comments: i OMB Form Revised 2/27/01 MCP #2 AGREEMENT FOR CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR — LOWER KEYS FACILITIES, MONROE COUNTY FLORIDA This Agreement is made and entered into this day of October, 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 Lower Keys Facilities;: and WHEREAS, CONTRACTOR desires and is able to provide central air conditioning maintenance and repair services to County Lower Keys Facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide central air conditioning maintenance and repair services to County Lower Keys Facilities, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and incidentals, and perform all the work necessary in accordance with the specifications entitled: CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA A. Routine repairs and maintenance of all county maintained central air conditioning units in the Lower Keys area. B. Emergency repairs of all county maintained central air conditioning units in the Lower Keys area. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR shall be at the site of an air conditioning malfunction within three (3) hours of verbal or written notification by the COUNTY. The CONTRACTOR shall provide an after hours contact person and phone number. The COUNTY, upon award of the contract, shall provide a contact person and phone number for building and equipment access. C. The CONTRACTOR shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained central air conditioning units so that such emergency repairs will be completed within 48 hours of notification by the COUNTY. Agreement 1 July 2010 D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer's invoice cost of all parts and materials, plus percentage indicated in section 4 of the bid form, that are used in the repair of all county maintained central air conditioning units. Manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested for any part regardless of the cost at the discretion of the Senior Director of Public Facilities Maintenance, or his designee. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices exceeding $500 must accompany requests for payment. Freight invoices may be requested for any freight charge, regardless of the cost, at the discretion of the Senior Director, Public Facilities Maintenance, or his designee. E. In the event of a major component failure or system breakdown, the COUNTY, when deemed as an emergency situation, shall have the option to request from the CONTRACTOR only, a proposal/quote for replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and including $10,000 must be approved and signed by the Division Director and/or the County Administrator. Any proposal over $10,000 up to and including $25,000 must be approved and signed by the Division Director and the County Administrator. F. The facilities are located throughout the LOWER Keys area. Buildings to be serviced shall include, but shall not be limited to, the following: KEY WEST COURTHOUSE Jackson Square Complex, 500 Whitehead Street, Key West MONROE COUNTY COURTHOUSE ANNEX, a/k/a JUDGE JEFFERSON B. BROWNE COURTROOM COMPLEX (including 1986 Jail Addition) Jackson Square Complex, 510 Whitehead Street, Key West J. LANCELOT LESTER JUSTICE BUILDING INCLUDING CLERK'S RECORDS STORAGE FACILITY Jackson Square Complex, 530 Whitehead Street, Key West FREEMAN JUSTICE CENTER 302 Fleming Street, Key West JUVENILE DETENTION 500 Whitehead Street, Key West KEY WEST LIBRARY (MAY HILL RUSSELL LIBRARY) 700 Fleming Street, Key West GATO BUILDING 1100 Simonton Street, Key West HARVEY GOVERNMENT CENTER 1200 Truman Avenue, Key West HARVEY CENTER NUTRITION SITE 1200 Truman Avenue, Key West Agreement July 2010 TAX COLLECTOR/DMV OFFICES 3439 South Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 5501 College Road, Key West SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION 2nd Street and McDonald Avenue, Stock Island BAYSHORE MANOR 5200 College Road, Key West BIG COPPITT FIRE STATION 28 Emerald Drive, Big Coppitt Key SHERIFF'S SUB -STATION US Highway 1, Cudjoe Key BIG PINE KEY FIRE STATION 390 Key Deer Boulevard, Big Pine Key BIG PINE KEY LIBRARY (one-story CBS Building) Big Pine Key Shopping Center, Big Pine Key TAX COLLECTOR/SHERIFF'S OFFICE Big Pine Key Shopping Center, Big Pine Key HOUSE AT BIG PINE KEY PARK (formerly OLD MARINER'S RESORT) 31009 Atlantis, Big Pine Key BIG PINE KEY PARK COMMUNITY CENTER 31009 Atlantis, Big Pine Key 3. PAYMENTS TO CONTRACTOR A. COUNTY 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, on a monthly schedule in arrears for monthly maintenance. CONTRACTOR shall submit to the COUNTY repair invoices with supporting documentation acceptable to the Clerk at completion of the repair by the CONTRACTOR and approval by the on -site COUNTY representative to be paid at the earliest date possible after completion of the repair. 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 Agreement 3 July 2010 1:f_111 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. The labor costs will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor — Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $80.00 per hour, mechanic $120.00 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $120.00 per hour, mechanic $180.00 per hour, mechanic plus helper Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. E. Freon for recharging systems: R-22 $13.00 per pound R-12 $34.00 per pound R-11 $20.00 per pound 134 A $15.00 per pound 408 A $12.00 per pound 404 A $9.00 per pound 123 $9.37 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 with all invoices the Application for Payment form attached. F. Total Compensation to CONTRACTOR under this Agreement shall not exceed SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00) unless approved by the Board of County Commissioners. 4. TERM OF AGREEMENT This Agreement shall commence on November 1, 2010 and ends upon October 31, 2011, unless terminated earlier under paragraph 18 of this Agreement. Agreement 4 July 2010 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 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 (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, Agreement 5 July 2010 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 a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 9. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Agreement 6 July 2010 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter Agreement 7 July 2010 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, 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 3583 South Roosevelt Boulevard Key West, Fl. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Weathertrol Maintenance Corp 7250 ne 4`h Avenue Miami, Florida 33138 Agreement 8 July 2010 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's Agreement 9 July 2010 fees and attorney's fees in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, 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. Agreement 10 July 2010 FAA 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall 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 Agreement 11 July 2010 property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 36. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 37. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 38. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 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) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA Deputy Clerk Date: J Witnesses f& CONTRACTOR: 9/i7l--�? , c, Date U Sign re Date Agreement Mayor Date: WEATHERTRO1, MAINTENANCE CORP Signature of 15erson authorized to legally bind Corporation Date: /7 5Gj'r�rvr,,�� ZO/D C,deG pKKTX Print Name Address: 7250 NE 41h Avenue Miami, FL 33138 Telephone. (305) 908-1000 &OE COUNnTYY T EY 'RPVED A � �%Itlw DO 4 /2 2%I0 12 Date _ �uiy ono APPLICATION FOR PAYMENT DETAILS DATE: ARRIVAL TIME: DEPARTURE TIME: LOCATION: PARTS AND MATERIALS COSTS * ITEM DESCRIPTION UNIT PRICE QUANTITY SUB -TOTAL 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 13 July 2010 weathertrols MAINTENANCE CORPORATION "BID -A/C MAINTENANCE AND REPAIR, LOWER 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 305-979-5248 M ECHAN ICAL CONTRACTORS 7250 N.E. 4th Avenue • Miami, FL 33138 • Tel 305-908-1000 • Fax 305-908-1039 • E-mail mail@wtrol.com CIVIC 008210 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 Youlden — 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 REFERENCES. 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 governments, 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 partial 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 International Airport Navy Base Boca Chica US Coast Guard Key West FPL Monroe County Lower Keys and hundreds of similar projects. TAB 2 -PAST PERFORMANCES ON SIMILAR PROJECTS. City of Coral Gables Public Works Department Facilities Maintenance Division 37 buildings 2800 SW 72nd Ave. Miami, FI. 33187 Mr. Dallas Brown — 305-460-5039 Mr. Carlos Gonzalez - 305-460-5178 Corpus Christ Catholic Church 9 facilities 3220 NW 71h Ave Miami, FI. 33127 Rev. Mr. Antonio Perez — 305-635-1331 Miami Dade County Schools System 108 Schools 2925 NW 41St St. Miami, Fl. 33142 Mr. Bill Barroso-305-995-4300 US. Coast Guard Trumbo Point 15 facilities 100 Trumbo Road Building 105 Key West, FI. 33040 SK3 Aaron Julch -305-797-5579 US Navy Base Boca Chica Building A650 and A651 Key West ,FI. Richard Jacobowski-757-617-0764 Monroe County Public Works 530 Whitehead St. Key West F1.33040 Mr. James Bruce -305-797-1473 CommercIW Al�pprt ue^.'n ��enspona a�r ®nera� aweltvn araors Decernrer 19 `'IiAM' D.A.L)E GOUTY PT BLIL SCHOO', S Tc �,,Vh �m I- y ia; Lon�ern M"a' i-✓wade Awaber, Depya:rtmer 4arrijcane gCv This IeTL�` `� !-: �e7 _ 3S : o aiivID rlid` - j1 i i_ �i3 C �. i1L1UII D� '(I'2 1i i13= �L ' �C. :Il? tp y �omr8nc � ea herT�o1 as one o= our ; erjorc �t�ea her r��, Las Erc ,,_ td saFer�,>r ��r.�rc: ac i -ma_n-enanue «�r Y e Tr3rLe. �" irk an" 1-�r;CC Iz" �2 �� n �- Ll: D.E Pu ,c Wor'S JD s� .a `�P CJOrn �r do Q� 6� n nQ :ooc C 8uilo�n, 3^..�rnss )cve�oPmcni Canaal In-,?r ��cmcna _crs n�-Ttrn.'tu ic�n.rn:rt.n �n Lu5 Cnrnmur r -r nns C�mmumq �cuon .�t;cnc, �mr:unr!t, \ .CO npn•�C Ue�JoNTCr't ,�nrTl.mh 7. I.:: my C Si' ices Corrections & Retwbi6tat�on Dccl,on, .vploec R^tm,n n', - �I C'Jf�SC 7�Chr O�n4>). iC •�C^- ��n,incc lire- lcxur :,cncrat Scr.�ccs aron�nisr. =no -r-sl �o�s,rs r inceo,ndc,i Rct,,co' P_,cn nrcrnar �nnei T,mv=unconw n� lu.-n 1c +.,.'­" '.,t,-r.uu��rm PI ,nnmt jr6;rn �.anor �c i real iol 'C ," Prrpc�r -PPri w �uo6r ih-u- S�.tcm ,b�ii �1u.ke x pun S. le.w, .tir ru �cli�r Ne:ai :�uOn - „r f>rCc C®rre��io�is & Rehabalitataion Department 'S ��'� 6�nd 6,rce[ 3rd F oar k-iam Fordz,,74 -601 =-36-263-6133 Ca r+rrrander .Scmon Waxemw� 3 595 ^ &-h Wen 72rrd Auenrae December 05, 2006 M1AMI-DADE COUNTY PUBLIC SCHOOLS To Whom It May Concern: This letter will serve as confirmation that the Facilities Management bureau for the Department of Corrections and Rehabilitation in Miarni- Sade County has utilized the company Weathertrol as one of our vendors. Weathertrof has provided sjperior service and equipment maintenance throughout our Corrections facilities in the last seven (7) years - Should you have any questions, please contact our office at (786) 263- 6400. , Sincerely, Sirti,�aterrran, Commander Facifcties !Management Bureau S'vV/irp WEATI-IERTROL MAINTENANCE CORP. To: MONROE COUNTY DIVISION OF PUBLIC WORKS jDate 06/22/101 Pages: 9 of 9 CREDIT APPLICATION INFORMATION Address 7250 N.E. 4th Avenue Telephone # (305) 908 - 1000 MIAMI, FL 33138-5335 Facsimile # 305) 908 - 1039 Sales tax certification # 23-8011912106-0--7 Sales tax exempt NO Type of Ownership Corporation Federal taxpayer ID 59-1262109 Incorporated (date & state) 4/10/1969 - Florida I I Years in business 41 Business description Mechanical Contractors C. Borja Contractor Licence CMC 056875 Type of occupational lic. General Mechanical I Ocuppational License # 026753-4 Type of work performed Commercial / Institutional Purchase order required Yes Ship to address Asper purchase order Business property is Leased Duns # and Last Rate 1# 04-806-1923 Rate: INAICS / SIC Codes 238220 / 1711 Revenues Ave. Last 3 Years $17,600,000.00 1 Busines minority owned 100% Number of emplo ees Office: 19 Shop: 34 jAccount payable contact Mary Otero Principals Officers Name Title Address Carlos I. Borja President 8245 S.W. 93Id Street, Miami, FL 33156 Isidro C. Borja Secretary 9525 S.W 82 d. Avenue, Miami, FL 33156 Vivian B. Martens Vicepresident 13551 N.W. 6t' Street # 204, Pembroke Pines, FL 33028 Bank References Bank / Contact Address Telephone / Fax Account # Transatlantic Bank Mrs. Julia Riesgo Vice -President 1325 West 49th Street (305) 231 - 0200 Ph HIALEAH, FL 33012 (305) 231 - 0168 Fax E-mail Jriesgo@transatianticbank.com Checking Acct.: 60511382-06 Money Mkt Acc: 60511382-15 Trade References Business / Contact Address Telephone / Fax Account # The Trane Company Jorge Alvarez 2884 Corporate Way MIRAMAR, FL 33025 (305) 592 - 0672 (305) 592 - 0221 1689447 Tropic Supply, Inc. Floyd Eupsey 151 N.E. 179 Street MIAMI, FL 33162 (305) 652 - 7717 305) 652 - 0369 1882007 HD Supply, Inc. Freddy Ferrera 10810 N.W. 92 TERRACE # 111 MEDLEY, FL 33178 (305) 477 - 3045 (305) 477 - 4351 37705136 United Refrigeration, Inc. Willie Villedraun 2400 N.W. 23rd Street MIAMI, FL 33142 (305) 633 - 8034 (305) 635 - 3253 522511 Gemaire Distributors Julio Pania ua 2600 N.W. 79th Avenue MIAMI, FL 33122 (305) 592 - 2915 (305) 477 - 2386 6910 Bonding Company Name Address Telephone / Fax MATSON-CHARLTON 700 South Dixie Highway, Suite 100 (305) 662 - 3852 SURETY GROUP CORAL GABLES, FL 33146 (305) 661 - 9948 TAB 3 —MAINTENANCE Weathertrol Maintenance Corporation will provide the schedule of maintenace as required by the Monroe County Maintenance Supervisor,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. United Association_ K Certificate of CFC QugIft--ation ' Y : Antonio L. Peru `Tame 013®54- 725 f :aid /SS No, LU No. has been certified as required by 40 CFR, Part 82, SubpartF TYII✓ I 0 3 / 31 / 9 4� IIi 03 ./ 31.E-9°4., TYPE II 03/31/94 UNIVERSAL EPA-608 Technician Certification Program IEPA-npprnoe� f �? '1 U1'11 eC� l�aSSOC ation V 1 Certificate of CFC ®uallficaiion '`, mame: MELVIN N. LAWRENCE ID #: 1390081237 LU #: 725 Has been 0"Ied as required by 40 CFR, Part 82, Subpart F Type 1: U9129/1994 Type 111: 09/29/1994 Type 11: 09/29/1994 Universal: 09/29/1994 EPA-808 Technidan CerNflcat.' J. ro9 [EPA -Approved 9 30.93) JUnhed Associat6®1, �,,,,,� Certificate Of CFC ° ; Qualification �) Name: JAMES `= R. RANGER la #: 1234951537 LU v: 725 Has bsgn certNBed as required by 40 CFR, pan 82, Subpr t F Tyler I: 01/1/1994 Tye 111: 03/31/1994 Type II: 03/31/1994 Universal: 03/31/1994 EPA-608 TechnWan Cenlflcatlo *9rern [EPA.'4pWoved '�� 9.30.93J (Zu United Association a-4�� / Certificate of CFC Qualification r marne: JAMES T. TURNER ID #: 1485379237 LD #: 725 Has been certit►ed as required by 40 CFR, Part 82, Subpart F Type 1: 04/19/1994 Type 111: 11/07/1994 Type 11: 04/19/1994 Universal: 11/0711994 EPA-608 Technician IEPA-Approved 9.30.931 s'As-ick— ofsAR:; Marne: ALVARo J. ARCS R3#: 1.048872198 ' Lu #: 725. if Zs �Qe„ eertlflod as iaquked by 40 CPR, FWj sii, i Tim h m2wi 999 Ty pe 9I: Upe It- 08423/19% Univefsa&: X4drn%len CefltReiePRrV (p United Association Certificate CFC ; of Qualification t EPA-608 Tedmicipn C.1i4ca4on Program [EPA -Approved 9.30.93) RICHARQ W. HAMILTON f 1)#: 1951013056 LU#: 725 e ; Has been eertHled as nequirbd by 40 CFR, Parr 82, Subpart F Type it: 08112fj 005 s "Co hsd"e Program EPA Approved December 28, I993 CERTEFICATE No. 2617502750633 NAb'E: MICHAEL SAPFF has been certified as a I 1 1VERSAL technician as required by 40CYR part 32 subpart F HVAC Technician Certification EPA Clean Air Section 608 Program Certification Date: Jan 26, 1994 MICHAELS RADZIMINSKI P2441 F40BFEE7BC30 has been certified as Technician Type: Universal as Required by 400FR Part 82, Subpart F United Association . —ft dslaiim OFF es -00 Prog-ram EPA APPTOved December 28. 1993 CER=IiC,�TE NIG, 0386281506400 I NP-Tvl-r: RAMON A. VAZQUEZ has been cerTifiet as a UNIVERSAL �echniciar, a- required by 40CFR pari K subpar' F kmw- RODAN S. DALMAC10 ID #- 1309669604 LU #: 725 htS D~ O&rWMd as raWfrod by 40 CPA, F!grl 82. Subp&j F *iVA'C Technician Certification Type I- 92/mnn4 EPA. Clean Air Section 608 Type II: O&WI 994 Program Certification Date January 26, 1994 BORIS SOKdLOWSKY EPA-GW Todirildm G"Iftal njgowaa IEPA-Aplx."d 9,w4% 02051981592437859M has been certified as a Type: Universal Technician as Required by 4(jCFR Part 82, Subpart F ESCO INST=E "Approved 12/28/93" CERTIFICATE NO: 5905380651 13-1 NAME: IG"ACIOSOLra has been certified as a 'JrTTVERSAL technician as required by 40 CFR part 82 subpart F United Association CARLOS GONZALEZ C ird /S3 No. 591-07 LIJ No. 725 i� has been certifitcd as rcquircd by 40 CFK, l,jkr[ 82. Stibp'zirt F 1-nPF f 09130/94 Tyl-,C. Ill 12/05/94 1-(Pr",11.12/05/94 UNIVERSAL _12/05/94 C-11f1catlon Program (EPA-Approved9-30-9311 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 5- COUNTY FORMS AND LICENSES d/0 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA SECTION THREE BID DOCUMENTS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 BID FROM: 16� 4 /' j /' z 41 +jam The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of: CENTRAL A/C MAINTENANCE AND REPAIR LOWER KEYS FACILITIES And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to service, and maintain Central Air Conditioning, and all incidentals necessary to perform and complete said work in a workman -like manner, in conformance with specifications, and other contract documents including addenda issued thereto. Labor — normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: BID PRICE: $ 22�PER HOUR, MECHANIC BID PRICE: $ / 20� PER HOUR, MECHANIC PLUS HELPER 2. Labor — overtime rate for hours other than normal working hours stated above, including holidays: BID PRICE: $ I�O -�' "=' PER HOUR, MECHANIC BID PRICE: $ 01-0 PER HOUR, MECHANIC PLUS HELPER Bid Documents 3-1 July 2010 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA 3. Materials — Freon for recharging systems: BID PRICE PER POUND: �R-22 $ R- I 1 $ 134 A $ 408 A $ 404 A $ 123 $ 47-97 4. Materials — Supplies and Replacement Parts: BID PRICE: Manufacturer's Invoice plus �?O % 5. Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. A. 6. Bidder acknowledges that the total cost to County shall not exceed Seventy Thousand Dollars ($70,000.00) unless approved by the Board of County Commissioners. I acknowledge receipt of Addenda No. (s)�q I have included the Bid which includes 1. Bid Form 2. Non -Collusion Affidavit 3. Lobbying and Conflict of Interest Clause Form 4. Drug Free Workplace Form 5. Local Preference Form In addition, I have included 6. Current copy of Contractor's License 7. Copy of Business Tax Receipt 8. Insurance Agents Statement 9. Bidder's\Respondent's Insurance & Indemnification Statement 10. All requirements as stated in the Instruction to Bidders, Paragraph 4. (Check mark items above, as a reminder that they are included.) Mailing Address: Alm FA i oe7)_e,0Telephone: '72 _0IVZ-_ /461� Fax: 8 fit/ �G1 Date: Signed: - Witness: u� (Seal) Print Name ,4M ,4'_4 C—`4— V d S`" Title l> i���7�� �� ��,g�.�✓��` �- Bid Documents 3-2 July 2010 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT I, R'4#4 & L V✓ 11�20 6_.5 of the city of _ W 111,C-1K/ !CC _ according to law on my oath, and under penalty of perjury, depose and say that: lam ,pl ' �'G ©� C--- of the firm of the bidder making the Proposal for the project described in the Notice for Calling for bids for: and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature ef Bidder) (Date) STATE OF: or, A COUNTY OF: M ;ck ,,,; Z)-,d e PERSONALLY APPEARED BEFORE ME, the undersigned authority, '�') ...' who, after first being sworn by me, (na e of individual signing) affixed his/her signature in the space provided above on this day of 19p 49"OAVI 20 10 NOT Notary Pu tic State of Florida Alberto Gonzalez My Commission Expires: Q 1 Z b ze) 1 G o My Commission DD598789 °` " ! E ires 09/26/2010 Bid Documents 3-3 July 2010 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE L 4 ?14CV 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: 47— 0 1— 0 Z 0 STATE OF�pT; �q COUNTY OF M �a w, : Z>a a e PERSONALLY APPEARED BEFORE ME, the undersigned authority, I 'Z.s who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of SeT�-e�..,be� 20 to . My commission expires: Q\Ztoj Zo ,O OMB - MCP FORM #4 NOTARY PUBLI of x• J-u. Notary Public State of Florida ? Alberto Gonzalez My Commission DD598789 N a w Ex Tres 09/26/2010 Bid Documents 3-4 July 2010 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: T�-�C: 7� �P�%c 7c�,v�S,vc� �(Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. idder's Signature Date OMB - MCP#5 Bid Documents 3-5 July 2010 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement Worker's Compensation Employer's Liability General Liability Vehicle Liability Required Limits Statutory Limits $100,0001$500,0001$100,000 $300,000 Combined Single Limit or $100,000/$300,000/$50,000 $100,000 Combined Single Limit or $50,000/$100,000/$25,000 INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR 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, (11) 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. In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S /RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. A,a.,C4ez U . Bidder/Respondent Signature Bid Documents 3-6 July 2010 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. It] .J Liability policies are occurrence .;Z�AW.19 Insurance Agency do II e hys,' Claims Made 7 Gd ignature Print Name: 1 L bire)Ac, BEd Documents 3-7 July 2010 70 f CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder LCi '/1 �� /� � [r Date: �?— 4j — C7/p 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy. ) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? C List Address: A622 — Telephone Number: ��y� �(� 1/00 0 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? _ If yes, please provide: I. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Signature ai Title o�A thorized Signato Bidder/Responder STATE OF F\or ; &, COUNTY OF M:p„h' b,, d e Tel. Number Print Name:./=��� 01 this i day oft„yx.20 yp before me, the undersigned notary public, personally appeared wel �OsS known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. a Notary Public Print Name My commission expires: ql Z.. kQ t d Or Po Notary Public State of Florida R �. Alberto Gonzalez - My Commission DD598789 '�c►' Expires 09/26/2010 Seal Bid Documents 3-8 July 2010 m LO M O � O 4 > OD r1 Ot. 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W O Z 2 W 1- A CD a "M< W N N H 3�-4nE 95 M Environmental Resources Management Permitting Section 701 �VV 1 st Court 7th Floor 'Miami, Florida 33136 T 305-372-6600 F 305-372-6545 Carlos Alvarez, Mayor ov. miamidade PERMIT NO: APCF-001727-2010/2011 (CERT)-NR g WEATHERTROL MAINTENANCE CORP. 7250 NE 4 AVE MIAMI, FL 33138- PERMITTEE: Mr. Isidro C Borja WEATHERTROL MAINTENANCE CORP. 7250 NE 4 AVE MIAMI, FL 33138- STRATOSPHERIC OZONE PROTECTION Pli UTAL OPERATING PERMIT DESCRIPTION OF FACILITY/EQUIPMENT This document, issued under the provisions of Chapter 24, Miami -Dade County Environmental Protection Ordinance, shall be valid from 01-JUL-2310 through 30-JUN-2011. The above named permittee is hereby authorized to operate the pollution control facility at the above location which consists of the following: 5 NRP Recovery units) mode'_- ULVI 2 Thermaflo Recovery unit s) model 1986 The permittee is authorized to purchase refrigerant;sl R-11 R-12 R-22 R-530 R-302 from DERM approved distributors, for use during service and repair of air conditioners, refrigerators, freezers and chillers, etc. Bulk sale of refrigerants is not authorized; only sale of refrigerant by the pound during repair and service is a7ceptable. This facility is subject to conditions listed below and in the following pages 'if any; of this permit. SPECIFIC CONDITIONS 1. The permittee, by acceptance of this document, agrees to maintain the subject operation so as to comply with the requirements and standards of the Florida Administrative Code 62-281, Sections) 608/609 of the Title VI of the Clean Air Act of 1990 and 58FR28660 and 57CFR31241 in addition to the applicable Miami -Dade County regulations. 2. Releasing refrigerant into the atmosphere during installation, service, repair salvage, or dismantling of any appliance (including, but not limited to, air conditioners, refrigerators, chillers a, freezers) is prohibited. All refrigerants must be recovered/recycled or recovered only using USEPA approved equipment and stored DCT approved containers for subseTaent reclamation. Exceptions to this venting prohibition are covered under Section!si 638/609 of the Clean Air Act. 3. All refrigerant recovery/recycling equipment must be properly maintained to ensure continued operating efficiency of at least 90% refrigerant recovery. The permittee shall demonstrate that the refrigerant recovery/recycling equipment is in good working condition, when requested by a DERM inspector. 4. Equipment that is dismantled on -site must nave the refrigerant recovered in accordance wit: EPA requirements prior to disposal. After removal of the refrigerant, a ticker shall be attached to � the unit tating: _. the permittee name, address and phone number ii� t` he DERM ermiumber —1; -.he date of refrigerant removal. 5. Records _ ardi ne service di eq ng t c� and repair o-`_ air conditioning, ng, refrigeration and small appliances remaining r.__igerants must be maintained for a period of at least two years. Such records shall _ncl-de, .,�_ not be limited _he following: Amount and type of refrigerant Miami -Dade County Department of Environmental Resources Management Carlos Espi sa, P D rector Page 1 of 2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20 .2010 Department: Facilities Maintenance Bulk Item: Yes XX No Staff Contact Person/Phone #: John King/292-4531 AGENDA ITEM WORDING: Approval of lease extension for the Higgs Beach restaurant (Salute) concession. ITEM BACKGROUND: On May 21, 2008, the County entered into a new 5-year lease with the Higgs Beach restaurant tenant. The former owner, Fran Gonzon - Key West Hospitality, LLC, then sold the business and assigned the lease to the new owner, Richard Hatch — 1000 Atlantic Boulevard, LLC. Under the terms of the assigned lease Mr. Hatch was required to effect a number of ADA improvements to the restaurant property which have all been completed. Once all of the ADA improvements were completed the lease entitled Mr. Hatch to a lease extension in exchange for Mr. Hatch's investment in capital improvements at the restaurant property. Mr. Hatch has provided the County with receipts showing capital improvements totaling over $87,000. County staff reviewed the receipts and inspected the capital improvements on the property in order to ground truth the receipts. Additionally, the water line that provides water to the lease property had a leak that had gone undetected by the County. As a result Mr. Hatch has requested relief from the County due to the water leak. The leak was eventually repaired however Mr. Hatch incurred $14,000 in fees before the repair was completed. Coupled with the $87,000+ in capital improvements, Mr. Hatch has invested more the $100,000 required in order to receive the full ten year extension provide by the terms of the lease. PREVIOUS RELEVANT BOCC ACTION: Approved original lease at the May 21, 2008 BOCC meeting, approved the consent and assignment of lease at the October 15, 2008 BOCC meeting. CONTRACT/AGREEMENT CHANGES: Extends the term of the lease by 10 years. STAFF RECOMMENDATIONS: Approve TOTAL COST: N/A INDIRECT COST: N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes XX No _ AMOUNT PER MONTH $7,532.99 Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X_ Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: 1000 Atlantic Boulevard Contract # LLC Effective Date: October 20, 2010 Expiration Date: August 11, 2023 Contract Purpose/Description: Extend term of original Salute lease for ten years Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 10/05/10 CONTRACT COSTS/REVENUE Total Dollar Value of Contract: $ REVENUE Current Year Portion: $ 90,395.88 Budgeted? Yes® No ❑ Account Codes: od l -- 3&z oo 1 SC= Grant: $ N/A County Match: $ N/A Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out D to In Needed eviewer Division Director �D Yes❑o� Nob %0 Risk Manage ent �� Yes❑ No , `r P.J. O.M.B./Pu asing tC �IC Yes[:] No Isbo County Attorney C 0 Yes❑ NoE 6 i / Comments: 0 (�1 OAA-JOQ n, t2,- C�o 4'11jC-74W"(j OMB Form Revised 2/27/01 MCP #2 LEASE EXTENSION AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT THIS LEASE EXTENSION AGREEMENT is made by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter "County" or "Lessor", and 1000 Atlantic Boulevard, LLC, whose address is 729 Thomas Street, Key West, Fl., 330040 hereafter, "Tenant" or "Lessee" this 20th day of October, 2010. WHEREAS, on the 21 st day of May 2008, the County and the predecessor in interest entered into a Lease agreement (hereafter original lease) for one (5) year term, copy of which is attached hereto and made a part hereof, and WHEREAS, the predecessor in interest, Key West Hospitality, LLC assigned all of its rights, title and interest in the Original Agreement to the Lessee, 1000 Atlantic Boulevard, LLC pursuant to a contract for sale/purchase of the restaurant, copy of which is attached hereto and made a part hereof; and WHEREAS, by the terms of the original lease the Lessee is entitled to an extension of the lease upon completion of ADA modifications and other capital improvements; and WHEREAS, the Lessee has completed all of the ADA modifications required in the original lease; and WHEREAS, the Lessee has also effected the additional capital improvements separate and apart from the ADA modifications that entitle the Lessee to an extension; and WHEREAS, Lessee submitted to County staff and County staff reviewed, verified and inspected all of the additional capital improvements; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The term of the original lease is hereby extended 10 years and terminates on August 11, 2023. 2. In all other respects the terms and conditions of the original lease remain in full force and effect. 3. This lease extension will take effect on October 20, 2010. 1 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 :A Deputy Clerk Witnesses This docu ent was prepared Ye0F6T. Meytado, Esq. Assistant Cbunty Attorney Florida Bar No.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson 1000 ATLANTIC BOULEVARD, LLC By �!� 26i1- u Title: ' �- vice RCSiDENT" ed as to form by: /6 2 CONSENT TO ASSIGNMENT OF LEASE This Consent to Assignment is entered into this 1%4.6 day of O ci oFJtX , 2008, by and between Monroe County, a political subdivision of the State of Florida, hereafter "County/Lessor", Key West Hospitality, LLC, hereafter "Assignor/Lessee", and 1000 Atlantic Boulevard, LLC, hereafter "Assignee", the parties agreeing as follows: 1. The County/Lessor leases approximately 3,928 square feet of restaurant space at Higgs Beach, Key West, Florida, through a Lease Agreement dated May 21, 2008, hereafter the original Lease Agreement, commencing August 12, 2008, and terminating on August 11, 2013, unless the Lease is extended up to a maximum of ten (10) years with certain Americans with Disabilities Act ("ADA") modifications and capital improvements having been completed pursuant to the Lease Agreement. The original agreement is attached and incorporated into this Consent to Assignment. 2. Paragraph 8 of the Lease Agreement provides that the Lessee may elect to sub -lease or assign the Lease Agreement only upon the previous written consent of the Board of County Commissioners for Monroe County. 3. The Assignor and Assignee have entered into an Agreement for Purchase and Sale of Assets dated September 28, 2008, of the restaurant business which agreement includes an assignment to Assignee of all the Assignor's rights, title and interests in the Lease Agreement. 4. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original Lease Agreement, including the obligation of Assignor/Lessee to complete certain modifications required to comply with the "ADA" pursuant to a Stipulated Settlement in Case No. 08-10007 filed in the United States District Court as incorporated in paragraph 3(i) of the Lease Agreement. 5. The Lessor, Monroe County, agrees to the assignment of the Lease Agreement from Key West Hospitality, LLC, to 1000 Atlantic Boulevard, LLC. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date first above written. ATTESTx, ,,' Y,: LR HAGE, CLERK BY: Deputy"`Aa-l4rk (SEAL) KEY WEST HOSPITALITY, INC. Lessee/Assignor BY• / FRA CIS ZON Wage / tuber BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BQ„�-•. Mayor Mario Di Gennaro 1000[At1 ntic Bo levard, LLC Assi ne r BY: RICHARD HA H Manager/Member M !d CSOUNTY ORY _ ROV D AS CADO ( / ASSISTANT CO TY ATTORNEY N o � e� Date LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT THIS LEASE AGREEMENT is made by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter "County" or "Lessor", and Key West Hospitality, LLC, whose address is 1002 Fleming Street, Key West, Fl., 330040 hereafter, "Tenant" or "Lessee" this �day of 2008. WHEREAS, on the 12th day of August 1998, the County and the predecessor in interest entered into a Lease agreement, for one (5) year term, with an option to renew for one additional (5) year term hereafter referred to as "Original Agreement", copy of which is attached hereto and made a part hereof; and WHEREAS, the County and the predecessor in interest subsequently entered into lease amendments dated February 10, 1999, July 21, 1999, September 20, 2000, May 16, 2001, October 17, 2001, July 17, 2002, May 19, 2004 and July 14, 2004, copies of which are attached hereto and made a part hereof; and WHEREAS, the July 17, 2002 amendment amended the renewal term of the Original Agreement and now provided the predecessor in interest with an option to renew the Original Agreement for two additional (5) year terms; and WHEREAS, the predecessor in interest exercised his initial option to renew the Original Agreement and the County and the predecessor in interest entered into a Renewal Agreement dated July 15, 2003, copy of which is attached hereto and made a part hereof; and WHEREAS, the predecessor in interest assigned all of his rights, title and interest in the Original Agreement to the Lessee pursuant to a contract for sale/purchase of the restaurant; and WHEREAS, the County entered into a Consent To Assignment Of Lease dated April 20, 2005, copy of which is attached hereto and made a part hereof; and WHEREAS, an American with Disabilities Act (hereafter ADA) complaint has been filed against the Lessee citing ADA deficiencies on the leasehold premises at 1000 Atlantic Blvd., Key West, Florida; and WHEREAS, under the terms of the original agreement the Lessee agreed not to make any major alterations to the building located on the lease hold without first obtaining approval from the County; and WHEREAS, the current renewal term expires on August 111 2008, and the Lessee has informed the County of the Lessee's intent to exercise the Lessee's 2 renewal option; and WHEREAS, the Lessee has agreed to effect all of the ADA modifications at Lessee's cost and proposes to make additional capital improvements at leasehold premises at Lessee's costs; and WHEREAS, Lessee is seeking an additional term of years beyond the 2"d renewal option in exchange for effecting additional capital improvements separate and apart from the ADA modifications; and WHEREAS, Lessee and County find that, for purposes of clarity, it would be mutually beneficial to enter into a new Lease and terminate Lessee's current Lease along with all amendments and renewals entered pursuant thereto; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: Mutual Termination of Existine Lease. The parties mutually agree to cancel their August 12, 1998 original Lease Agreement, February 10, 1999, July 21, 1999, September 20, 2000, May 16, 2001, October 17, 2001, July 17, 2002, May 19, 2004, amendments and July 15, 2003 renewal agreement effective August 11, 2008, with neither party having any further duty, obligation or liability to the other under the terms of the above listed documents. 2. Premises. The County does hereby lease to Tenant and Tenant leases from the County, a concrete building now situated on Clarence S. Higgs Memorial Beach, 1000 Atlantic Blvd., Key West, Monroe County, Florida, in its as is condition. Square footage allocations shall be limited to the interior and enclosed patio area referenced in Exhibit "A" attached hereto and incorporated herein. 3. Term and Effective Date. Lessor does hereby grant to the Lessee the exclusive right and privilege of operating and maintaining a full service concession/restaurant at Clarence S. Higgs Memorial Beach, Key West, Monroe County, Florida, for a term of five (5) years commencing August 12, 2008 and terminating on August 11, 2013 unless extended in accordance with the terms set forth in subsection ii) below. i)Within the first year of the lease term, Lessee agrees to make the following modifications, at Lessee's cost, pursuant to the Stipulated Settlement Agreement in ADA case # 08-10007 filed in the United States District Court, Southern District of Florida: a) Modify the main entrance to the restaurant by installing a proper ramp in order to eliminate the change in level. b) Install proper signage to indicate the accessible entrances to the restaurant, patio area and accessible bathroom. c) Install proper door hardware on all entrance and public doors. d) Provide accessible tables in all dining areas and bar area with proper signage indicating accessible tables. e) Provide an accessible route from the bar/restaurant area to the restaurant restrooms including the addition of a ramp or deck to provide a level surface for access. f) Modify the existing women's restroom to make a unisex accessible restroom which will require changes to the door entrance, pathway within, fixture modifications and proper signage. g) Establish appropriate employee training policies. h) Maintain all accessible features in the future. 2 i) Ensure any future modifications, alterations, or changes are in compliance with the ADA. j) Request Lessor provide an additional disabled parking space along with proper striping and signage of the accessible parking space creating an accessible route to the restaurant and relocating bicycle racks to prevent encroachment into the accessible route. ii)Upon completing the ADA compliance modifications listed above, Lessee anticipates completing additional capital improvements estimated to cost $125,000 as listed below; a) Update all electrical and plumbing in the building to bring it in compliance with all current code requirements. b) Remove and replace the outside patio deck area to level the floor with the main dining room floor. c) Revamp and replace the roof over the outside patio deck area to create a more substantial roof surface. d) Remodel and enlarge the stall areas of the restaurant restrooms to make both accessible and in compliance with the ADA rather than having only one unisex accessible restroom which is proposed for installation in 2008-2009. If Lessee has previously completed all ADA modifications listed in subsection i) a j, Lessee shall be entitled to extend the lease two additional years for every $25,000 spent on capital improvements listed in subsection ii) a — d up to a maximum of 10 years. All improvements listed in subsection ii) must be completed by August 12, 2012 unless extended by mutual agreement. Upon providing proof, in the form of material invoices, construction contracts, etc., to the Director of Facilities Maintenance as to the total amount spent on capital improvements listed in subsection ii) a-d, the parties will enter into an amendment extending the term of the Lease Agreement 2 years for every $25,000 in capital improvement. 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter collectively known as "rent"), shall include rent, applicable sales tax and a maintenance fee to cover the cost of the Lessor providing janitorial services and the opening and closing of the public restrooms. The initial rent for the Premises including the maintenance fee and applicable sales tax is $7,334.94 per month, payable in advance on or before the first business day of each month. The rent will be adjusted annually beginning with the first anniversary of the commencement of the lease term, and at every anniversary thereafter, by a percentage equal to the increase in the CPI for all urban consumers (CPI-U) for the calendar year immediately preceding the anniversary date. 5. Termination. This Agreement may be terminated at the discretion of the Lessor in the following circumstances: a) Lessee fails to pay the rent when due; b) Lessee fails to obtain the insurance required under this Lease or allows the required insurance coverage to lapse or fall below the minimum required; c) Lessee otherwise breaches the terms of this Lease. Unless the Lessor has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this Lease Agreement. In the case of default/breach, the County's Director of Facilities 3 Maintenance shall first give Lessee a written notification stating the default/breach and that Lessee has ten (10) days to correct the default/breach. If the Lessee has not corrected the default/breach at the end of the ten (10) days, then the Lessor may terminate the Lease in its discretion. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this Lease Agreement, the Lessor shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the Lessor to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 6. Lessee Covenants. Lessee covenants and agrees as follows: A. To keep open such concession/restaurant Monday -Sunday, including holidays, from 7:00 A.M. — 11:00 P.M., and shall not exceed the established beach hours as specified in Monroe County Ordinance 13.5-3(2)(E). Hours of operation may be modified by mutual agreement. B. To furnish the necessary equipment, furnishings and fixtures needed to operate the concession/restaurant. All moveable equipment and furnishings shall remain the property of the Lessee and may be removed from the premises by Lessee at the termination of this lease agreement, with Lessor's consent. If Lessee fails to remove said moveable equipment or furnishings within ten (10) days after termination of this lease, said items shall then become the property of the Lessor. C. Lessee shall maintain a City and County occupational license during the period of this lease. D. Lessee agrees to keep the leased premises in a safe, clean and well -maintained order at no expense to the Lessor. This provision is to be monitored by the Director of Public Facilities Maintenance or his representative. E. Lessee agrees to operate its business in a business like manner. 7. Lessor Covenants. In connection with the above demised premises, the Lessor covenants with the Lessee that conditioned upon Lessee's performance and observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and peaceable possession of the premises during the tern of this Lease. In the event the County elects to maintain and/or improve its properties in the vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this lease. Lessor further covenants and, at its cost, agrees: a) to provide proper striping and signage of the accessible parking space and to provide a second accessible parking space adjacent to the current accessible parking space in conjunction with the accessible route to the restaurant. b) relocate the bicycle racks to prevent encroachment into the accessible route leading to any accessible entrance to the restaurant. c) to establish a policy of enforcement if cars are improperly parked to notify the car owner or have the vehicle towed pursuant to F.S. Sec. 316.1955(1)(a) S. Assizament. It is agreed by the parties hereto that Lessee may elect to sub -lease or assign this Lease Agreement only upon written consent of the Monroe County Board of County Commissioners which shall not be unreasonably withheld. The terms of this Lease Agreement shall be binding on the heirs, executors, administrators, sub -lessees and assigns of Lessee. 4 9. Mechanic's Liens, Lessor's Rights. It is hereby covenanted, stipulated and agreed by and between the parties hereto that: A. there shall, during said demised term, be no mechanic's liens placed upon the concession/restaurant or improvements thereto. B. in case of any attempt to place a mechanic's lien on the leasehold premises, the Lessee must pay off same. C. if default in payment thereof shall continue for thirty (30) days after written notice, Lessor shall have the right and privilege, at its option, to pay off any mechanic's lien or any portion thereof and the amount so paid, including expenses, shall, at Lessor's option, be designated as additional rent due from Lessee at the next rent due date after such payment, with interest calculated at the rate established by the Comptroller under Sec. 55.03, Fla. Stat., for the year in which the payment became overdue. Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 10. Sale of Alcoholic Beverages. Alcoholic beverages may be sold within the enclosed restaurant and patio area only upon acquisition and maintenance of proper licenses from local, state and federal agencies. No carry -out sales of alcoholic beverages is permitted. Sales and consumption of alcoholic beverages must cease by 11:00 P.M. 11. Entertainment. Entertainment may be provided only in the enclosed restaurant and patio area. Any entertainment must be acoustic soft background music and must cease by 11:00 P.M. 12. Licenses. Lessee shall be responsible for and provide all licenses required by all local, state and federal agencies including the Department of Health. 13. Premises to be Used For Lawful Purposes. It is expressly covenanted between the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring property, nor for any purpose or use in violation of the laws of the Untied States, or of the State of Florida, or of the Ordinances of Monroe County or the City of Key West, Florida. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any said laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the leasehold premises or any part thereof by Lessee. 14. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in the Lease Agreement, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease Agreement accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said Lessor or said Lessor's authority to make this lease agreement, said Lessee shall not be required to pay rent under this lease agreement while he is so deprived of said property, and that said Lessor shall not incur any liability as a result of such ouster. 5 15. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this lease agreement shall be construed to be a waiver of any succeeding breach of the same covenant. 16. Observance of County Rules and Reeulations. The Lessee hereby covenants and agrees that he, his agents, employees or otherwise shall observe and obey all lawful rules and regulations which may from time to time during the term hereby promulgated and enforced by the Lessor at the beach. 17. County's Right of Entry. The Lessor reserves the right hereunder to enter upon the premises at any reasonable time during normal operating hours for the purpose of inspecting said premises to determine whether Lessee has complied and is complying with the terms and conditions of this Lease Agreement. The Lessee hereby agrees to keep the premises at all times in a clean and sanitary condition, and not to maintain or keep upon said premises any properties or equipment not used in connection with the operation of said business, unless authorized by the Lessor to do so. 18. Leasehold Improvements. The Lessee agrees not to make any major alterations to the building located on said premises, without first obtaining written consent of the Lessor to do so, which will not be unreasonably withheld. Such alterations shall be based on plans approved by the Director of Facilities Maintenance and shall be subject to all City and County code provisions governing construction. Lessee shall be responsible for obtaining any permits required by any government agency. All site improvements shall be pre -approved by the Monroe County Board of County Commissioners. 19. Leasehold Maintenance. During the term of this lease, Lessee is responsible for all maintenance and repairs, including major repairs such as structural work and roof replacement and replacement of the building if destroyed. All repairs and replacement must be of the same or better quality as the original work and conform to all applicable building codes. Lessee shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. The Lessee will keep the premises clean at all times and must meet all requirements for food handling as required by the Monroe County Department of Health. 20. Resoonsibilty for Property on Leasehold. All property of any kind that may be on the premises during the term of this Lease Agreement shall be at the sole risk of the Lessee. The Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to property or person on the premises. 21. Damaee to Leasehold. In the event that the demised premises, or a major part thereof are destroyed by fire, storm, or any other casualty, the Lessor at its option and without assuming Lessee's responsibilities under Section 19 "Leasehold Maintenance", may forthwith repair the damage to such structure at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction. Should the premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury 6 or damage shall be restored by the Lessor as speedily as is practicable and upon completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term. If Lessor exercises its option to repair the premises, Lessee agrees to assign its right to the insurance proceeds to the Lessor. If insurance proceeds exceed the costs of repair, the Lessor will, at its option, either remit the excess funds to the Lessee or apply the excess funds as a credit towards Lessee's next due monthly rental payment. If repair costs exceed the insurance proceeds, Lessee agrees to pay Lessor within 30 days for any and all costs of repair not covered by insurance proceeds. 22. Rights Reserved. Rights not specifically granted to Lessee by this Lease Agreement are reserved to the Lessor. 23. Rights of County. The Lessor shall have the absolute right, without limitation, to repair, reconstruct, alter or add to any structure or facility at Higgs Beach, or to construct new facilities at Higgs Beach. The Lessor shall, in the exercise of such right, be free from any and all liability to the Lessee for business damages occasioned during the making of such repairs, alterations and additions, except those occasioned by the sole act of negligence of the Lessor, its employees or agents. 24. Indemnification/Hold Harmless_ . Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold 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 in connection with a violation of any federal, state, or local 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 leasehold premises during the term of this Agreement, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this Lease Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or 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 Agreement, this section will survive the expiration of the term of this lease or any earlier termination of this Lease Agreement. 25. Insurance Requirements. Lessee shall obtain and maintain at it's own expense the insurance coverages listed in exhibit B. 26. Books, Records and Documents. Lessee shall maintain all books, records, and documents directly pertinent to performance under this Lease Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Lease Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Lease 7 Agreement for public records purposes during the term of the Lease Agreement and for four years following the termination of this Lease Agreement. 27. Governine Law. Venue, Interpretation: This Lease 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 Lease Agreement, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Lease Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 27. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 28. Severability. If any term, covenant, condition or provision of this Lease Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Lease Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Lease Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Lease Agreement would prevent the accomplishment of the original intent of this Lease Agreement. The Lessor and Lessee agree to reform the Lease Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 29. Attorn�ey's_Fees and Costs. The Lessor and Lesse agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 30. Binding Effect. The terms, covenants, conditions, and provisions of this Lease Agreement shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. 31. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Lease Agreement have been duly authorized by all necessary County and corporate action, as required by law. 8 32. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 33. Adjudication of Disputes or Disap-reements. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Lease Agreement or by Florida law. 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 Agreement, Lessor and Lessee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease Agreement or provision of the services under this Lease Agreement. Lessor and Lessee specifically agree that no party to this Lease Agreement shall be required to enter into any arbitration proceedings related to this Lease Agreement. 35, Nondiscrimination. Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease Agreement. 9 36. Covenant of No interest. Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease Agreement, and that the only interest of each is to perform and receive benefits as recited in this Lease Agreement. 37. Code of Ethics. Lessor agrees that officers and employees of the Lessor 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. 38. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease Agreement. For the breach or violation of the provision, the Lessee agrees that the Lessor shall have the right to terminate this Lease Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 39. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessor and Lessee in conjunction with this Lease Agreement; and the Lessor shall have the right to unilaterally cancel this Lease Agreement upon violation of this provision by Lessee. 40. Non -Waiver of b=unity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the Lessor and Lessee in this Lease Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 41. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 42. Le al Obfi ati ns and Res ns bilities: Non -Delegation of Constitutional or Statutory Duties. This Lease 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 Lease Agreement is not 10 intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida constitution, state statute, and case law. 43. Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease Agreement. 44. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 45. 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 Lease Agreement or be subject to any personal liability or accountability by reason of the execution of this Lease Agreement. 46. Execution in Counterparts. This Lease Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Lease Agreement by signing any such counterpart. 47. Section Headings. Section headings have been inserted in this Lease Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Lease Agreement and will not be used in the interpretation of any provision of this Lease Agreement. 48. Mutual Review. This Lease agreement has been carefully reviewed by Lessee and Lessor, therefore this Lease agreement is not to be construed against either party on the basis of authorship. 11 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above-worten. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTES Clerk CLERK OF MONROE COUNTY, FLORIDA By Mayor/Chairperson KEY WEST HOP Y BY TitlZew-M agines�r This document 14 1 was prepared and approved as to form by: rivnua upai r4v. P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 -S/G/0 ?— tlo !"77 2 12 c+4Ts-b4L (RZ p s 0 F. 2. t i VS. c SO -FT, � 94o.l S4*.TT. �' IAtG-otT AILVA ii N SQ • 'FT. i S-o �` Intwt tJ■Ns+.+ a ToT,.'- J,sx� Sa+�ec Fi.eT { o o t i l tag s 8��es1 3.9 �.Q� � C�,.�C� ss �o"•.� i nc�i�T.� bttt. Srrx tiR1� fie, `�-1�•98 kcbM ) "REVISED 6/1I/gg 2(X)5 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Organizations/Individuals - - LembWcaunty Owned Property Prior to the Organization or Individual taking possession of the property owned by the County, or commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this lease/rental agreement. The Organization/Individual will not be permitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Organization/Individual shall maintain the required insurance throughout the entire term of this lease/rental agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the lease/rental agreement and the return of all property owned by the County. The Organization/Individual will be held responsible for all deductibles and self insured retentions that may be contained in the Organization/lndividual's Insurance policies. The Organization/Individual 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 Organization/Individual's insurance shall not be construed as relieving the Organization/Individual from any liability or obligation assumed under this contract or Imposed by law. The Monroe County Board of County Commissioners, will be included as "Additional Insured" on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure. Administration Instruction #4709.6 EXM191T 29 2005 Hit ion Any deviations from these General Insurance Requirements must he requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration lnstntction #4709.6 30 2005 FAiuon is INSURANCE RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY -OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/lndividual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Lighting Vandalism Sprinkler Leaks a Sinkhole Collapse Falling Ob'ects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage F'l . The Monroe County Board of County Commissioners shall be named as Additional Insured and Lass Payee on all policies issued to satisfy the above requirements. i AdminWration instruction #4709.6 31 0 2W5 FdRion GENERAL LIABILITY INSURANCE REQUIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual 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 • Fire Legal Liability (with limits equal to the fair market value of the leased property) 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 termination of the Lease/Rental Agreement. The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. Administration Instruction 32 N4T49.6 is 2()(l5 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY -OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organ izatiorvindividual shall purchase Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles is a County -owned • Physical Damage Protection (if the leased property vehicle) The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) ACV for Physical Damage If split limits are provided, the minimum limits acceptable shall be: S 100,000 per Person S 300,000 per Occurrence S 50,000 Property Damage ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if the lease/rental agreement involves County -owned vehicles, the Monroe County Board of County Commissioners shall be named as "Loss Payee" with respect to the physical damage protection. Admjnjsmtion Instruction 33 44704.6 1996 Fdition LIQUOR LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the sales andlor distribution of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is no more restrictive than the Contractor's General Liability policy. The Monroe County Board of County Commissioners will be included as Additional Insured if a separate Liquor Liability policy is provided. C: 0 GLLIQ Administration Instruction 04709.2 59 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Solid Waste Management Staff Contact Person/Phone #: Rosa Washington/292-4432 AGENDA ITEM WORDING: Approval of updated Exhibit II for all four (4) existing Solid Waste and Recycling Collection Franchise Agreements to reflect Fiscal Year 2011 residential and commercial collection rates paid to the Franchisees by the County. ITEM BACKGROUND: Exhibit II details the rates paid to the Solid Waste and Recycling Collection Franchisees for residential and commercial solid waste and recycling services. PREVIOUS RELEVANT BOCC ACTION: In accordance with the franchise agreements, Exhibit II is updated annually by the CPI adjustment. CONTRACT/AGREEMENT CHANGES: For FY11, the rates are increased by a 2.1% CPI adjustment. STAFF RECOMMENDATIONS: Approval TOTAL COST: aoprox. $6.5 million for FYI I BUDGETED: Yes x No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: same SOURCE OF FUNDS: annual residential assessments and commercial disposal fees REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH PER YEAR APPROVED BY: County Atty. OMB/Purchasing Risk Management _ DOCUMENTATION: Included x DISPOSITION: Not Required _ AGENDA ITEM # EXHIBIT H APPROVED RATE SCHEDULE Waste Management of Florida, Inc. FY 2010-2011 Approved Rates Residential Collection Rates r unit Services Curbside Service Solid Waste $13.84 2x/wk Recycling $4.03 lx/wk Commercial Solid Waste Commercial Recyclingand Roll -Off Collection Rates Solid Waste Collection Rate $5.46 per cubic yard Recycling Container Collection Rate $5.46 per cubic yard Compactor Collection Rate 12 cubic yards or less $16.27 per cubic yard Compactor Collection Rate eater than 12 cubicyards) $209.15 per pull Roll -Off Collection Rate $209.15 per pull MONTHLY CONTAINER MAINTENANCE FEE.9 CONTAINERS ON -COMPACTING SIZE cubicyards) RATE w/out locking mechanism IYD $16.17 2YD $18.35 3YD $20.59 4YD $20.95 6YD $23.19 8YD $25.44 RECYCLING CONTAINERS 32 gal. 90 gal. $1.48 $4.15 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation EXHIBIT H APPROVED RATE SCHEDULE Marathon Garbage Service, Inc. FY 2010-2011 Approved Rates Residential Collection Rates r unit Services Curbside Service Solid Waste $13.04 2x/wk Recycling $ 3.90 l x/wk Commercial Solid Waste, Commercial Recycling and Roll -Off Collection Rates Solid Waste Collection Rate $6.34 per cubic yard Recycling Container Collection Rate $6.34 per cubic yard Compactor Collection Rate 12 cubic yards or less $19.27 per cubic yard Compactor Collection Rate eater than 12 cubicyards) $212.89 per pull Roll -Off Collection Rate $212.89 per pull MONTHLY CONTAINER MAINTENANCE FEES CONTAINERS ON -COMPACTING SIZE cubicyards) RATE w/out locking mechanism I YD $16.46 2YD $18.68 3YD $21.20 4YD $21.31 6YD $23.61 8YD $25.90 RECYCLING CONTAINERS 32 gal. 90 gal. $1.51 $4.22 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. EXHIBIT H APPROVED RATE SCHEDULE Keys Sanitary Service FY 2010 - 2011 Approved Rates Residential Collection Rates (ner unit) Services Curbside Service Solid Waste $13.10 2x/wk Recycling $ 3.89 (lx/wk) Commercial Solid Waste. Commercial Recvelinn and Roll -Off Callertinn Rntrc Solid Waste Collection Rate $6.32 per cubic yard Recycling Container Collection Rate $6.32 per cubic yard Compactor Collection Rate 12 cubic yards or less $18.81 per cubic yard Compactor Collection Rate eater than 12 cubicyards) $212.60 per pull Roll -Off Collection Rate $212.60 per pull MONTHLY CONTAMF.R MATNTF.NANCF. FFFC CONTAINERS ON -COMPACTING SIZE cubicyards) RATE w/out locking mechanism IYD $16.44 2YD $18.65 3YD $20.94 4YD $21.28 6YD $23.57 8YD $25.86 RECYCLING CONTAINERS 32 gal. 90 gal. $ 1.51 $ 4.22 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. EXHIBIT H APPROVED RATE SCHEDULE Ocean Reef Club, Inc. FY 2010.2011 Approved Rates Residential Collection Rates (Der unit) Services Curbside Service Solid Waste $12.76 2x/wk Recycling $ 3.09 lx/wk) Commercial Solid Waste, Commercial Rec c ' and Roll -Off Collection Rates Solid Waste Collection Rate $6.87 per cubqyjardRec clip Container Collection Rate $6.87 cub Compactor Collection Rate 12 cubic yards or less $20.28 per cubic yard Compactor Collection Rate eater than 12 cubicyards) $142.17 per pull Roll -Off Collection Rate $142.17 per pull MONTHLY CONTAINER MAINTENANCE FEES CONTAINERS ON -COMPACTING SIZE cubicyards) RATE w/out locking mechanism IYD $16.89 2YD $19.18 3YD $21.56 4YD $21.91 6YD $24.28 8YD $26.66 RECYCLING CONTAINERS 32 gal. 90 gal. $1.58 $4.37 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Public Works Bulk Item: Yes x No _ Department: Solid Waste Management Staff Contact Person/Phone #: Rosa Washington/292-4432 AGENDA ITEM WORDING: Approval of updated Exhibit V for all four (4) existing Solid Waste and Recycling Collection Franchise Agreements concerning fees for "Special Services" paid to the Franchisees by their customers. ITEM BACKGROUND: Exhibit V details fees charged to customers by the Franchisees for special, out of the ordinary services. PREVIOUS RELEVANT BOCC ACTION: In accordance with the franchise agreements, Exhibit V is updated annually by the CPI adjustment. CONTRACT/AGREEMENT CHANGES: For FYI 1, fees are increased by 2.1% CPI adjustment. STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: 0 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes No X AMOUNT PER MONTH PER YEAR APPROVED BY: County Atty. OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required — DISPOSITION: AGENDA ITEM # "EXHIBIT V SPECIAL SERVICES FY2010-2011 Approved Rates RATES DETERMINED BY THE FRANCHISOR Rolling Out Container (and returning $3.52 it to original location) Back Door Service (Residential Negotiable Curbside Only)* Opening (and closing) Doors or Gates $1.17 Locks for Containers $11.70 (one time) Charge for Replacement based on Cost + 10% Unlocking Containers $1.58 Supplying (and retrofitting) locking $70.36 Mechanism on container** Adding wheels to or changing wheels No Charge on 1, 2, and 3 yard Containers only Moving Container Location (if $29.31 Feasible) Per Customer Request Adding lids to or changing lids on No Charge Containers Set up and Return Fees $35.18 Credit Card Convenience Fee Not to exceed fee charged by customer's credit card company Over the Lid Service $12.95 minimum, up to $30.00 maximum, depending on level of service *There will be no charge for those residents medically unable to bring solid waste or recyclables to curbside as delineated in Section 4. Back door service to all other customers may be offered by the Franchisee. **Determination of necessity of locking mechanisms is based on customer requirements." 10.20.10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval to award bid to USA Parking System, Inc. for Parking Lot Management at the Key West International Airport. ITEM BACKGROUND: Four firms submitted proposals and made presentations to staff for Parking Lot Management. Staff evaluated the responses, and recommend that the BOCC approve the award of bid to USA Parking. PREVIOUS RELEVANT BOCC ACTION: 8-19-2009 - C7 Approval to advertise RFP for Parking Lot Management for the Key West International Airport. 11-18-2009 — F9 Approval of Republic Parking System's FY10 Budget, which expires October 31, 2010. CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval. TOTAL COST: $126,381.00 INDIRECT COST: NA BUDGETED: yes DIFFERENTIAL OF LOCAL PREFERENCE: 5% COST TO COUNTY: none SOURCE OF FUNDS: NA COST TO AIRPORT: $126,381.00 COST TO PFC: none REVENUE PRODUCING: Yes AMOUNT PER YEAR: $209,000 projected for FYI APPROVED BY: County Attorney NA OMB/Purchasing NA Risk Management NA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Key West International Airport - RFP for Parking Lot Management Respondent Base Proposal Incentive/Bonus Total Bid Local Preference/Amount USA Parking System, Inc. $121,631.00 $4,750.00 $126,381.00 yes; $120,061.95 Republic Parking System, Inc. $153,161.00 $5,229.00 $158,390.00 yes; $150,470.50 Laz Parking LLC $118,274.001 negotiablel non responsivel no Ampco Parking System $127,473.00 $460.00 $127,933.00 no BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of the FY2011 Airline Rates and Charges for the Key West International Airport, effective October 1, 2010. ITEM BACKGROUND: As part of our budget process, and as required by the Bond Resolution in connection with the Series 2006 Variable Rate Revenue Bonds, Newton & Associates, Inc. has updated the Airport's Rates and Charges. PREVIOUS RELEVANT BOCC ACTION: 6-21-2006 — Approval of Bond Resolution authorizing issuance of Monroe County Variable Rate Revenue Bonds, Series 2006; 10-21-2009 — Approval of the FY2010 Airline Rates and Charges. CONTRACT/AGREEMENT CHANGES: New rates and charges. STAFF RECOMMENDATION: Approval. TOTAL COST: NA INDIRECT COST: NA BUDGETED: NA DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: NA SOURCE OF FUNDS: NA COST TO AIRPORT: NA COST TO PFC: NA REVENUE PRODUCING: yes AMOUNT PER YEAR: approximately $2.8 million APPROVED BY: County Attorney NA OMB/Purchasing NA Risk Management NA DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # NNIOR & ASSOVIRIPS1 loco AVIATION INDUSTRY CONSULTANTS September 9, 2010 VIA ELECTRONIC MAIL Air Carrier Distribution List (Attached) Re: FY 2011 Budget Airline Rates and Charges Key West International Airport Dear Air Carrier Representative: On behalf of Monroe County and the Key West International Airport, please find attached for your review a copy of the FY 2011 airline rates and charges ("Rates and Charges") for the Key West International Airport ("Airport"). The Rates and Charges are calculated based on the Airport's budget for the subject year, using the same methodology used since 2002. As in the past, the County wishes to extend the opportunity to review and discuss the Rates and Charges with the airlines serving the Airport. A meeting to discuss the FY 2011 Rates and Charges with the airlines has been scheduled for Friday, September 17, 2010 at 10:00 am for this purpose. Please note that the meeting time was advanced by one hour from the original scheduled time to help accommodate your Friday afternoon departure. The meeting will be held in the conference room located adjacent to the office of the Airport Director. The FY 2011 Rates and Charges are scheduled to go into effect on October 1, 2010, which is the first day of the County's fiscal year. FY 2011 Airline Rates and Charges Summary: Following summarizes the Average Airline Terminal Rental Rate and Landing Fee rate for FY 2011: Current Budget FY 7010 FY ?01 1 Average Terminal Rental Rate $35.89 $40.42 Landing Fee Rate $ 3.41 $ 3.28 Airline Cost per Enplaned Passenger $10.26 $10.25 Airport Operating and Maintenance ("O&M") Expenses: Schedule A presents a comparison of O&M Expenses for Budget FY 2010 and Budget FY 2011. Total Airport O&M Expenses have been budgeted to increase from $5.0 million in FY 2010 to $5.6 million in FY 2011. This increase is largely attributable to increases in expenses related t6'- - increases in airport security expenses (discussed below), the addition of a new terminal electrician position, and the expiration of warranties associated with equipment for the new terminal complex. 1806 ROCKY RIVER ROAD • CHARLOTTE, NC 28213 • (704) 597-4384 • FAx (704) 597-4385 NAICLT@NEWTONANDASSOCIATES.COM 0 WWW.NEWTONANDASSOCIATES.COM EYW Air Carrier Distribution List September 9, 2010 Page 2 Airport Security Expenses: Airport Security Expenses, which are included as an element of "Other Contractual Services" for County budgeting purposes, are budgeted to increase from $1,773,969 in FY 2010 to $1,969,793 in FY 2011. The increase in the security expenses are the result of the need to remain in compliance with the Airport's TSA approved Airport Security Program (ASP). The amount of Airport Security Expense allocable to airline cost centers is reduced by security grants received by the County from the US Transportation Security Administration ("TSA"), through the Law Enforcement Office Reimbursement Agreement Program ("TSA Grant"). The TSA Grant is budgeted to be $61,229 in FY 2011, resulting in a net Security Expense of $1,908,564 in FY 2011. The County will continue to identify and apply for state and federal grants which may offset Airport Security Expenses in the future. For the upcoming year, the airline security checkpoint response reimbursement is budgeted to increase by 3.0%, from $287,698 in Budget Fiscal Year 2010 to $296,329 in Budget Fiscal Year 2011. This increase, however, does not result in an increase in the security reimbursement charge per enplaned passenger due to the projected increase in the estimated enplaned passengers in FY 2011. This charge per enplaned passenger is budgeted to be $1.05 compared to the current $1.14. This calculation is demonstrated on the Airport Security Requirements Worksheet in the Rates and Charges package. Landing Fee Rate: Schedule C depicts the calculation of the airfield landing fee rate. The Total O&M and Capital Expenses allocated to the Airfield cost center are estimated to be $1,192,786 ("Airfield Requirement"). The Airfield Requirement is then reduced by estimated FY 2011 general aviation revenues ($146,543) resulting in a Net Airfield Requirement of $1,046,243. NAI estimated FY 2011 total airline landed weight (318,711 thousand pound units) based on a combination of actual year-to-date FY 2010 landed weight activity levels and current air carrier scheduling. Based on the Net Airfield Requirement ($1,046,243) and the total estimated units of aircraft landed weight (318,711), the Airline Landing Fee Rate has been calculated be $3.28, which is a decrease of $0.13 over the current landing fee rate of $3.41. Airline Terminal Rental Rate: Schedule D presents the calculation of Terminal Rental Rates for FY 2011. Total budgeted FY 2011 O&M and Capital Expenses allocated to the Terminal cost center is $2,637,371 ("Terminal Requirement"). The Terminal Requirement excludes directly billed airline checkpoint security reimbursement charges ($296,329). As in past calculations, debt service on the 2006 Bonds is PFC-eligible and is not included in the Terminal Requirement. Based on the total estimated square footage space of the terminal complex (65,257 square feet), the FY 2011 Average Terminal Rental Rate is $40.42 per square foot. Airline Cost Per Enplaned Passenger: Based on the calculation of FY 2011 Rates and Charges, the average airline cost per enplaned passenger is budgeted to decrease from $10.26 to $10.25. Given the considerable cost of doing business in Key West and the Florida Keys, we believe the Airport's airline cost per enplaned passenger continues to be a value to the airlines serving the Airport. EYW Air Carrier Distribution List September 9, 2010 Page 3 We look forward to answering any questions you may have at our meeting on September 17, 2010. In the mean time, we invite you to contact me or Mike Hill of Newton & Associates, Inc. should you have any immediate questions regarding the FY 2011 Rates & Charges. You may reach us at 704 597-4384. Sincerely, Frank C. Newton, III Vice President Attachments cc: Peter Horton (EYW) April Pearson (EYW) Michael Hill (NAI) KEY WEST INTERNATIONAL AIRPORT AIRLINE DISTRIBUTION LIST SEPTEMBER 2010 Beth Zurenko AirTran Airways, Inc. 9955 AirTran Boulevard Orlando, FL 32827 Phone: (407) 318-5313 beth.zurenko@airtran.com Leonor Munoz American Eagle Airlines 4333 Amon Carter Blvd., MD 5494 Fort Worth, TX 76155 Phone: (817) 967-3411 Fax: (817) 967-3902 leonor.munoz@aa.com Charles Ferrara Vice President, Airport Services Cape Air Airlines 660 Barnstable Road Hyannis, MA 02601 Phone: (508) 790-3122 Fax: (508) 775-8664 cferrara@tlycapeair.com Matt Shelby Manager, Airport Affairs Continental Airlines 1600 Smith Street, 15"' Floor Dept. HQSPF Houston, TX 77002 Phone: (713) 324-6972 Fax: (713) 324-6954 matt.shelby@coair.com Dan Garland Regional Director — Corporate Real Estate Delta Air Lines, Inc. 1030 Delta Blvd., Dept 877 Atlanta, GA 30320 Phone: (404) 452-2909 Fax: (404) 773-2027 dan.garland@delta.com Roy Canter GulfStream International Airlines 3201 Griffin Road, Fourth Floor Ft. Lauderdale, FL 33312 Phone: (954) 985-1500 rcante@gulfstreamair. com James Seadler Manager Corporate Real Estate US Airways, Inc. Charlotte Douglas International Airport 5501 Josh Birmingham Parkway, CLT/A300 Charlotte, NC 28214 Phone: (704) 359-3177 james.sead.ler@usairways.com KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES SUMMARY Budget Budget Increase/ FY 2010 FY 2011 (Decrease) Airline Terminal Rentals: Terminal Requirement - Basic O&M and Capital $1,362,586 $1,521,999 $159,413 Terminal Requirement - Security 1,284,555 1,431,423 146,868 Total Terminal Requirement $2,647,141 $2,953,422 306,281 (Less Reimbursements & Credits) (305,211) (316,052) (10,840) Net Terminal Requirement $2,341,929 $2,637,371 $295,441 Airline Terminal Revenue Requirement Basic O&M Component $806,421 $900,671 $94,250 Security Component 597,653 680,531 82,878 Subtotal Airline Terminal Revenue Requirement $1,404,074 $1,581,202 $177,128 Airline Terminal Space 39,124 39,124 0 Required Average Rental Rate per Square Ft. $35.89 $40.42 $4.53 Airline Landing, Fees: Airfield Requirement - Basic O&M & Capital $876,123 $1,001,930 $125,807 Airfield Requirement - Security 171,274 190,856 19,582 Total Airfield Requirement $1,047,397 $1,192,786 145,389 (Less: G.A. Revenues) (141,605) (146,543) (4,938) Airline Landing Fee Revenue Required $905,792 $1,046,243 $140,451 Estimated Airline Landing Weight (1,000 lb. units) 265,606 318,711 53,105 Estimated Passenger Airline Landed Weight 262,642 315,024 52,382 Passenger Airline Landing Fee Revenue Basic O&M Component $749,219 $868,669 $119,451 Security Component 146,465 165,472 19,006 Subtotal Passenger Airline Landing Fee Revenue $895,684 $1,034,141 $138,457 Airline Landing Fee Rate Requirement $3.41 $3.28 ($0.13) Checkpoint Security Fee per Enplanement $1.14 $1.05 ($0.09) Estimated Passenger Airline Revenue Terminal Rental Revenues $1,404,074 $1,581,202 $177,128 Security Reimbursement Revenues 287,698 296,329 8,631 Passenger Airline Landing Fees 895,684 1,034,141 138,457 Total Estimated Passenger Airline Revenue $2,587,456 $2,911,672 $324,216 Enplaned Passengers 252,140 284,000 31,860 Total Cost Per Airline Enplaned Passenger $10.26 $10.25 ($0.01) Newton & Associates,lnc. 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES SCHEDULE A: Airport Operating & Maintenance Expenses (Page 1) - Budget Comparison FY 10 FY 11 Increase/ Percent Budget 1 Budget 1 (Decrease) Change Personal Services 510120 Administrative $309,351 $354,037 $44,686 14.4% Maintenance 233,594 320,342 86,748 37.1% Engineering 0 46,204 46,204 0.0% ARFF 711,334 721,648 10,314 1.4% Other 39,639 48,411 8,772 22.1 % 510140 Overtime 0 0 0 0.0% Total Personal Services $1,293,919 $1,490,642 $196,723 15.2% Contractual Services (Non -Security) 530310 Professional Services $5,000 $5,000 $0 0.0% Other Professoinal Services 0 81,500 81,500 n/a 530316 Medical Services 2,475 2,475 0 0.0% 530340 Other Contractual Services 618,660 594,523 (24,137) -3.9% 530410 Phone & Postage/Freight 25,018 25,768 750 3.0% 530440 Utility Services 744,500 766,835 22,335 3.0% 530440 Rentals & Leases 7,821 7,821 0 0.0% 530450 Insurance 38,200 38,200 0 0.0% 530451 Risk Management Charges 53,932 53,932 0 0.0% 530498 Advertising 1,000 1,000 0 0.0% Total Contractual Services $1,496,606 $1,577,054 $80,448 5.4% Supplies & Materials 530510 Office Supplies $7,006 $7,216 $210 3.0% 530520 Operating Supplies 196,650 221,650 25,000 12.7% Light Bulbs 0 15,000 15,000 100.0% Baggage Conveyor Spare Parts 0 0 0 100.0% 530521 Gasoline 300 300 0 0.0% 530523 Diesel Fuel 500 1,500 1,000 200.0% 530528 Internal Fuel 5,360 5,521 161 3.0% 530540 Books, Pubs, Subs, Educ, Mem 9,822 26,506 16,684 169.9% Total Supplies & Materials $219,638 $277,693 $58,055 26.4% General 590910 County Overhead Allocation $0 $0 $0 0.0% 530400 Travel & Per Diem 27,140 27,140 0 0.0% 530409 Vehicle Maintenance Charges 13,683 14,883 1,200 8.8% ARFF Vehicle Maintenance 30,000 30,000 100.0% 530460 Repairs and Maintenance 243,443 295,976 52,533 21.6% 530470 Printing and Binding 1,000 1,000 0 0.0% 530490 Miscellaneous Expenses 500 4,100 3,600 720.0% Total General $285,766 $373,099 $87,333 30.6% Minor Capital Outlays Vehicles $0 $0 $0 0.0% Equipment (Contingency) 0 0 0 0.0% Subtotal Minor Capital Outlays & Conting. $0 $0 $0 0.0% TOTAL BASIC O&M EXPENSE $3,295,929 $3,718,488 $422,559 12.8% Contractual Services - Security Security Services $1,773,969 $1,969,793 $195,824 11.0% Less FDOT Security Grants 0 0 0 0.0% Less TSA Security Grants (61,229) (61,229) 0 0.0% Total Contractual Services $1,712,740 $1,908,564 $195,824 11.4% ADJ. TOTAL O&M AND SECURITY EXP. $5,008,669 $5,627,052 $618,383 12.3% Number of Enplaned Passengers Total O&M Cost Per Enplaned Passenger Total Security Cost Per Enplaned Passenger 252,140 282,051 $29,911 11.9% $13.07 $13.18 $0 0.9% $6.79 $6.77 ($0) -0.4% II Newton s asso ates.m . 8/27/10 II c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES Worksheet - Airport Security Requirements Airport Security Cost Requirement: Budget FY 2010 1 1 Budget FY 2011 TSA County TSA County Requirement Portion Portion Requirement Portion Portion Total FY $1,773,969 $61,229 $1,712,740 $1,969,793 $61,229 $1,908,564 Checkpoint Security per Enplanement Charge: Budget Budget FY 2009 FY 2010 Total County Security Requirement $1,712,740 $1,969,793 Amount Allocated Directly to Airlines Checkpoint Security $287,698 $296,329 Airside Security 0 0 Other TSA Airline Security - Airline Portion 0 0 Total Amound Allocated Directly to Airlines $287,698 $296,329 Enplaned Passengers 252,140 282,051 Per Passenger Reimbursement $1.14 $1.05 Net Security Allocated to Cost Centers $1,425,042 $1,612,235 Newton & Associates jnc. 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls i U) W O� CL I.L ca Q J V Z Cl)Z O LL, Q � N Z`U w W L— Z J W Z v/ W O N W >- Y LL u W LU co N � 0 C) N ++ Lf) IM M 'a Ln LL m Efi O (9 ++ CD O G) O � � O LL ��60. W i C) C) co Lf) N N (CL (C V V O CD Nt Nt N C) m N C) Efl Lf) m Efl m Gq Gq Gq 60. Lf) O Nt C) O N c m Efl co C) co 0) O O N C,.) O N N N CY) N Lf) Nt Efl Efl � Efl N Gq Gq O O O O O O H-} H-} H-} H-} °O N N N N H-} G- Lf) O O O O Lf) Efl Efl Efl ° N N N (D CY) Efl CA QG. QG. Lf) Nt OO O I- 6) C) OO N ° Lf) Lf) N Lf) Gq � N N QG. QG. C Lf) Nt Nt O O C) C C) C) OO Lf) N N C9 Lf) C9 Lf) — Lf) .f C � � LO rn � rn a N Lf) Efl Efl Efl Efl G i C f G CY)N N O I� cc cc O O C) Lf) Il- OO f C) Efl Lf) N Efl C) O C QG. QG. QG. QG. C f f a U � L • � S U z c m Z U i � f � O C L O C a) m C a) 0O L f O W > U Q Z U 4— a) m C L O a) O C LU c ?-, > O a) a) m (6 L W C C3 73 L f2 U (n O f U Q m73 C � � fn S C (6 L Cp O a) U O 0) U E O L L C S :f= S= S= fZ J W d O O W U U C ci m m U O cn cn o6 0 m z U KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES NEW TERMINAL SCHEDULE A: Airport Operating & Maintenance Expenses (Page 2) - Budget Allocations -------- Allocation---------- FY 11 General Other Budget Terminal Airfield Aviation Leased Personal Services Administrative $354,037 $177,019 $88,509 $35,404 $53,106 Maintenance 320,342 147,598 67,961 28,142 76,642 Engineering 46,204 18,482 13,861 6,931 6,931 ARFF 721,648 90,206 469,071 72,165 90,206 Other 48,411 6,778 25,174 9,682 6,778 Overtime 0 0 0 0 0 Adjustments 0 0 0 0 0 Total Personal Services $1,490,642 $440,082 $664,576 $152,323 $233,661 Contractual Services (Non -Security) Professional Services $5,000 $3,000 $500 $750 $750 Other Professional Services 81,500 20,375 20,375 20,375 20,375 Medical Services 2,475 1,485 248 371 371 Other Contractual Services 594,523 276,527 96,525 2,280 219,192 Phone & Postage/Freight 25,768 15,461 2,577 3,865 3,865 Utility Services 766,835 444,764 76,684 23,005 222,382 Rentals & Leases 7,821 4,693 782 1,173 1,173 Insurance 38,200 22,920 3,820 0 11,460 Risk Management Charges 53,932 37,752 0 0 16,180 Advertising 1,000 600 100 150 150 Total Contractual Services $1,577,054 $827,577 $201,609 $51,970 $495,898 Supplies & Materials Office Supplies $7,216 $4,330 $722 $1,082 $1,082 Operating Supplies 221,650 132,990 22,165 33,248 33,248 Light Bulbs 15,000 7,200 4,200 0 3,600 Baggage Conveyor Spare Parts 0 0 0 0 0 Gasoline 300 180 30 45 45 Diesel Fuel 1,500 900 150 225 225 Internal Fuel 5,521 3,313 552 828 828 Books, Pubs, Subs, Educ, Mem 26,506 15,904 2,651 3,976 3,976 Total Supplies & Materials $277,693 $164,816 $30,469 $39,404 $43,004 General County Overhead Allocation $0 $0 $0 $0 $0 Travel & Per Diem 27,140 6,785 6,785 6,785 6,785 Vehicle Maintenance Charges 14,883 3,721 3,721 3,721 3,721 ARFF Vihicle Maintenance 30,000 3,750 19,500 3,000 3,750 Repairs and Maintenance 295,976 73,994 73,994 73,994 73,994 Printing and Binding 1,000 250 250 250 250 Miscellaneous Expenses 4,100 1,025 1,025 1,025 1,025 Total General $373,099 $89,525 $105,275 $88,775 $89,525 Minor Capital Outlays/Contingency $0 $0 $0 $0 $0 SUBTOTAL BASIC O&M $3,718,488 $1,521,999 $1,001,930 $332,472 $862,088 Contractual Services - Security Security Services $1,969,793 $1,477,345 $196,979 $98,490 $196,979 Less Operating Security Grants (61,229) (45,922) (6,123) (3,061) (6,123) Total Contractual Services $1,908,564 $1,431,423 $190,856 $95,428 $190,856 TOTAL O&M AND SECURITY EXPENSE $5,627,052 $2,953,422 $1,192,786 $427,900 $1,052,945 Checkpoint Security Direct Bill ($296,329) ($296,329) $0 $0 $0 O&M AND SECURITY EXPENSE -ALLOCATE[ $5,330,723 $2,657,093 $1,192,786 $427,900 $1,052,945 Allocated Share of Total Expense 100.0% 50% 22% 8% 20% Newton & Associates,lnc. 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST AIRPORT FY 2011 AIRLINE RATES & CHARGES NEW TERMINAL SCHEDULE A: Airport Operating & Maintenance Expenses (Page 3) - Budget Allocation Percentages - - - - Cost Center Allocation ---- General Other Terminal I Airfield I Aviation I Leased Total Personal Services Administrative 50% 25% 10% 15% 100% Maintenance 46% 21% 9% 24% 100% Engineering 80% 10% 5% 5% 100% ARFF 12.5% 65% 10% 12.5% 100% Other 14% 52% 20% 14% 100% Overtime 27% 43% 13% 17% 100% Adjustment 25% 25% 25% 25% 100% Weighted Average Contractual Services Professional Services Medical Services Other Contractual Services Phone & Postage/Freight Utility Services Rentals & Leases Insurance Risk Management Charges Advertising Weighted Average Supplies & Materials Office Supplies Operating Supplies Light Bulbs Baggage Conveyor Spare Parts Gasoline Diesel Fuel Internal Fuel Books, Pubs, Subs, Educ, Mem Weighted Average General County Overhead Allocation Travel & Per Diem Vehicle Maintenance Charges ARFF Vihicle Maintenance Repairs and Maintenance Printing and Binding Miscellaneous Expenses Weighted Average Minor Capital Outlays/Contingency Basic O&M Weighted Average Contractual Services - Security Security Services Less Operating Security Grants Total Contractual Services 30% 45% 10% 16% 100% 60% 10% 15% 15% 100% 60% 10% 15% 15% 100% 47% 16% 0% 37% 100% 60% 10% 15% 15% 100% 58% 10% 3% 29% 100% 60% 10% 15% 15% 100% 60% 10% 0% 30% 100% 70% 0% 0% 30% 100% 60% 10% 15% 15% 100% 52% 13% 3% 31% 100% 60% 10% 15% 15% 100% 60% 10% 15% 15% 100% 48% 28% 0% 24% 100% 100% 0% 0% 0% 100% 60% 10% 15% 15% 100% 60% 10% 15% 15% 100% 60% 10% 15% 15% 100% 60% 10% 15% 15% 100% 59% 11% 14% 15% 100% 25% 25% 25% 25% 100% 25% 25% 25% 25% 100% 25% 25% 25% 25% 100% 12.5% 65% 10% 12.5% 100% 25% 25% 25% 25% 100% 25% 25% 25% 25% 100% 25% 25% 25% 25% 100% 24% 28% 24% 24% 100% 25% 25% 25% 25% 100% 41 % 27% 9% 23% 100% 75% 10% 5% 10% 100% 75% 10% 5% 10% 100% 75% 10% 5% 10% 100% TOTAL O&M AND SECURITY EXPEN! 52% 21% 8% 19% 100% Less:Checkpoint Security Direct Bill 100% 0% 0% 0% 100% Total O&M Weighted Average 50% 22% 8% 20% 100% Newton & Associates,lnc. 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES SCHEDULE B: Capital Projects & Purchases Amortized @5%--- ------ Cost Center Allocation ------ Total Less Less Cost Net General Other Cost Grants PFCs Of Grants Expensed Yrs. Amount Terminal Airfield Aviation Leased Capital Projects: Airfield Imprvts (Vacant) $0 $0 $0 $0 $0 5 $0 $0 $0 $0 $0 Terminal Impvts (Vacant) 0 0 0 0 0 5 0 0 0 0 0 Other Impvts (Vacant) 0 0 0 0 0 5 0 0 0 0 0 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Capital Purchases: Debt Service: 2006 Bonds Debt Service $0 $0 $0 $0 $0 $0 $0 $0 $0 Expensed: Triage Set $1,000 $0 $0 $1,000 $1,000 1 $1,000 $125 $650 $100 $125 Oil Spill Kit 1,000 0 0 1,000 1,000 1 1,000 125 650 100 125 Patch and Plug Kit 760 0 0 760 760 1 760 95 494 76 95 Cylinder Storage 2,500 0 0 2,500 2,500 1 2,500 313 1,625 250 313 SCUBA Bottles 5,000 0 0 5,000 5,000 1 5,000 625 3,250 500 625 Generator 3,600 0 0 3,600 3,600 1 3,600 450 2,340 360 450 Portable Lights 5,200 0 0 5,200 5,200 1 5,200 650 3,380 520 650 Defibrillators 5,000 0 0 5,000 5,000 1 5,000 625 3,250 500 625 Rescue Team Kit 3,450 0 0 3,450 3,450 1 3,450 431 2,243 345 431 Chain Saw Kit 1,875 0 0 1,875 1,875 1 1,875 234 1,219 188 234 Fan Ventilator 2,000 0 0 2,000 2,000 1 2,000 250 1,300 200 250 Safety Storage 1,100 0 0 1,100 1,100 1 1,100 138 715 110 138 Wheel Fire Extinguisher 2,200 0 0 2,200 2,200 1 2,200 275 1,430 220 275 Hose Tester 2,000 0 0 2,000 2,000 1 2,000 250 1,300 200 250 Fire Hose 4,500 0 0 4,500 4,500 1 4,500 563 2,925 450 563 Paratech System 5,500 0 0 5,500 5,500 1 5,500 688 3,575 550 688 Tool Mounting System 1,500 0 0 1,500 1,500 1 1,500 188 975 150 188 Subtotal Expensed $48,185 $0 $0 $48,185 $48,185 $48,185 $6,023 $31,320 $4,819 $6,023 Amortized: Capital Items (Vacant) $0 $0 $0 $0 $0 5 Capital Items (Vacant) 0 0 0 0 0 5 Subtotal Amortized 0 0 0 0 0 Total Capital Purchases $48,185 $0 $0 $48,185 $48,185 Total Projects & Purchases being "Expensed" FY 11 Total Projects & Purchases to be Amortized beginning in FY 12 Newton & Associates,lnc. $0 $0 $0 $0 $0 0 0 0 0 0 0 0 0 0 0 $48,185 $6,023 $31,320 $4,819 $6,023 $48,185 $48,185 $6,023 $31,320 $4,819 $6,023 $0 $0 $0 $0 $0 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES SCHEDULE C: Calculation of Landing Fee Budget Budget FY 10 FY 11 Difference AIRFIELD O&M EXPENSE: Personal Services $607,036 $664,576 $57,540 Contractual Services 175,681 201,609 25,928 Supplies & Materials 21,964 30,469 8,505 General 71,442 105,275 33,833 Subtotal Airfield - Basic O&M Component $876,123 $1,001,930 $125,807 Security Component Total Airfield O&M Expense AIRFIELD CAPITAL EXPENSE: Airfield Amortization Airfield Capital Expense Total Airfield Capital Expense TOTAL AIRFIELD REQUIREMENT: Less: Estimated General Aviation Revenue Landing Fee Requirement $171,274 $190,856 $19,582 $1,047,397 $1,192,786 $145,389 $0 $0 $0 0 31,320 $31,320 $0 $0 $0 $1,047,397 $1,192,786 $145,389 141,605 146,543 4,938 $905,792 $1,046,243 $140,451 LANDING FEE CALCULATION: Estimated Passenger Airline Landed Weight (000 Lb. Units) 262,642 315,024 52,382 Estimated Cargo Airline Landed Weight (000 Lb. Units) 2,964 3,687 723 Estimated Total Airline Landed Weight (000 Lb. Units) 265,606 318,711 53,105 Airline Landing Fee Rate $3.41 $3.28 ($0.13) (Net Airfield Requirement / Airline Landed Weight) Newton & Associates,lnc. 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES SCHEDULE D-1: Calculation of Terminal Rental Rates Terminal Complex % Productive Total SUMMARY TERMINAL SPACE: Total Sq. Ft. Sq. Ft. Airline Space 60% 39,124 39,124 Concession and Other Rentable Space 15% 9,783 9,783 Public Space 15% 9,791 9,791 Administrative, Support and TSA Space 10% 0 6,559 Total Terminal Space 100% 58,698 65,257 TERMINAL O&M EXPENSE: Personal Services Contractual Services -Non Security Supplies & Materials General Contingency Subtotal Terminal Basic O&M Expense Less: 10% Departure Lounge Restroom Credit Net Terminal Basic O&M Expense Contractual Services -Security Less: Direct Billed Security Charge Subtotal Security Component Net Terminal O&M Requirement TERMINAL CAPITAL EXPENSE: Debt Service (Bonds/Notes) Amortization Capital Purchases Expenses Total Terminal Capital Requirement GROSS TERMINAL REQUIREMENT: TERMINAL RENT CALCULATION: Terminal Basic O&M and Capital Requirement Total Terminal Space (Sq. Ft.) Terminal Rental Rate - Basic O&M Component Security Component - Terminal Requirement Total Terminal Space (Sq. Ft.) Terminal Rental Rate - Security Component Average Terminal Rental Rate PSF (Terminal Requirement/Total Terminal Space) AIRLINE SPACE RENTAL Airline Space (Sq. Ft.) Airline Reqt (Avg Term Rent Rt x Airline SF) Newton & Associates, Inc. Budget Budget FY 10 FY 11 Difference $342,580 $440,082 $97,502 816,782 827,577 10,795 131,783 164,816 33,033 71,442 89,525 18,083 0 0 0 $1,362,586 $1,521,999 $159,413 (17,513) (19,723) ($2,209) $1,345,072 $1,502,277 157,204 $1,284,555 $1,431,423 $146,868 (287,698) (296,329) (8,631) $996,857 $1,135,094 $138,237 $2,341,929 $2,637,371 $295,441 $0 $0 $0 0 0 0 0 6,023 6,023 $0 $0 $0 $2,341,929 $2,637,371 $295,441 $1,345,072 $1,502,277 $157,204 65,257 65,257 0 $20.61 $23.02 $2.41 $996,857 $1,135,094 $138,237 65,257 65,257 0 $15.28 $17.39 $2.12 $35.89 $40.42 $4.53 39,124 39,124 0 $1,404,074 $1,581,202 $177,128 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES SCHEDULE D-2: Space Reconciliation Summary - New Terminal Available Space: Ticketing Ticket Ramp AL Pax Passenger Bag Claim & Other & Queuing Offices Ops Security Holdroom 3ag Make-Ul Rentable All Other Total Passenger Terminal Building: First Level 0 0 1,230 0 10,272 9,898 5,053 3,335 29,788 Second Level 3,648 2,898 0 9,743 0 1,435 4,730 13,015 35,469 Total Space 3,648 2,898 1,230 9,743 10,272 11,333 9,783 16,350 65,257 Space Breakdown by Use: American Continental Delta US Cape Open/ Common Eagle Connection Connection Airways Air AirTran Available Use Total Airline Space: First Floor: Ramp Operations 174 370 165 141 0 0 0 380 1,230 Baggage Make -Up 0 0 0 0 0 0 0 7,538 7,538 Passenger Holdroom 250 250 250 250 250 250 0 8,772 10,272 Baggage Claim 100 100 100 100 0 0 0 1,960 2,360 Subtotal First Floor 524 720 515 491 250 250 0 18,650 21,400 Second Floor: Airline Tix Counter & Queuin 912 912 608 456 304 456 0 0 3,648 Airline Ticket Office 381 507 388 463 229 186 0 744 2,898 Post TSA Baggage Bridge 0 0 0 0 0 0 0 1,435 1,435 Post TSA Passenger Bridge 0 0 0 0 0 0 0 960 960 Passenger Screening Area 0 0 0 0 0 0 0 5,254 5,254 In -line EDS/Bag Screen 0 0 0 0 0 0 0 3,529 3,529 Subtotal Second Floor 1,293 1,419 996 919 533 642 0 11,922 17,724 Airline Totals 1,817 2,139 1,511 1,410 783 892 0 30,572 39,124 Concessions and Other Rentable Space: First Floor Concessions: Rental Car Counter Queueing & Office 1,289 Food & Beverage (Snack Bar) 2,781 Retail 983 Subtotal 1st Floor Concessions 5,053 Second Floor Concessions: Food & Beverage (Conch Flyer) 3,730 Retail 1,000 Subtotal 2nd Floor Concessions 4,730 Subtotal Concessions and Other Rentable Space 9,783 Public Space First Floor 2,148 Second Floor 7,643 Subtotal Public Space 9,791 Leased to TSA TSA Offices - Second Floor 2,259 Administrative and Support Space: Support Space - First Floor 1,187 Support Space - Second Floor 1,215 Airport Administrative Space - Second Floor 1,898 Subtotal Administration and Support Space 4,300 Total Terminal Building Space 65,257 Newton & Associates,lnc. 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES SCHEDULE D-3: Calculation of Airline Terminal Rental Amounts Airline Space: )ace Classification Rental Rates cket Counter Ticket Ramp Passenger Bag Bag EDS Screen/ Passenger Total & Queuing Offices Ops Holdroom Claim Make -Up Conveyor Screening Spac $40.42 $40.42 $40.42 $40.42 $40.42 $40.42 $40.42 $40.42 Airline Terminal Building: American Eagle 912 381 174 250 100 0 0 0 1,817 Continental Connection 912 507 370 250 100 0 0 0 2,139 Delta Connection 608 388 165 250 100 0 0 0 1,511 US Airways Express 456 463 141 250 100 0 0 0 1,410 Air Tran 456 186 0 250 0 0 0 892 Cape Air 304 229 0 250 0 0 0 0 783 Available 0 0 0 0 0 0 0 0 0 Subtotal 3,648 2,154 850 1,500 400 0 0 0 8,552 Non -Exclusive Space: Ticket Offices 0 744 0 0 0 0 0 0 744 Ramp Operations 0 0 380 0 0 0 0 0 380 Passenger Holdroom 0 0 0 8,772 0 0 0 0 8,772 Baggage Claim Area 0 0 0 0 1,960 0 0 0 1,960 Baggage Make -Up Area 0 0 0 0 0 7,538 0 0 7,538 EDS Screen/Conveyor Area 0 0 0 0 0 0 4,964 0 4,964 Passenger Screen Area 0 0 0 0 0 0 0 6,214 6,214 Subtotal 0 744 380 8,772 1,960 7,538 4,964 6,214 30,572 Total Airline Space 3,648 2,898 1,230 10,272 2,360 7,538 4,964 6,214 39,124 Rental Amount: Airline Space Ticket Counter & Queuing Ticket Offices Ramp Operations Pax Holdroom (Gates) Bag Claim (Bag Kiosks) Annual Rental Common Use Space Total Annual Rental Est. Monthly Rental Newton & Associ ates, I nc. American Continental Delta USAirways Cape Common Total Eagle Connection Connection Express Air AirTran Use Amount $36,859 $36,859 $24,572 $18,429 $12,286 $18,429 0 $147,434 15,398 20,490 15,681 18,712 9,255 7,517 0 87,054 7,032 14,954 6,668 5,699 0 0 0 34,353 10,104 10,104 10,104 10,104 10,104 10,104 0 60,623 4,042 4,042 4,042 4,042 0 0 0 16,166 $73,434 $86,448 $61,067 $56,985 $31,645 $36,050 $0 $345,630 $0 $0 $0 $0 $0 $0 $1,235,572 $1,235,572 $73,434 $86,448 $61,067 $56,985 $31,645 $36,050 $1,235,572 $1,581,202 $6,120 $7,204 $5,089 $4,749 $2,637 $3,004 $102,964 $131,767 8/27/10 c111 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES EFFECTIVE 10/01/10 NEW FY 2010 RATES KEY WEST INTERNATIONAL AIRPORT TERMINAL RENT Airlines Existing Budget FY 2009 FY 2010 Publicly Exposed Space $35.89 $40.42 Nonpublic Office and Operations Space $35.89 $40.42 Covered Areas & Storage $35.89 $40.42 Concessions (All Space) Car Rental $35.89 $40.42 Gift Shop $35.89 $40.42 Restaurant $35.89 $40.42 UTILITIES - Electric, Water, Sewer, Trash Removal (Included in the rental rate) LANDING FEE Rate per Thousand Pounds of Gross Landing Weight $3.41 $3.28 EYW SECURITY CHECKPOINT REIMBURSEMENT CHARGES Per Enplaned Passenger $1.14 $1.05 Cost: $296,329 Enpl. Pax: 282,051 OTHER TSA MANDATED SECURITY CHARGES Per Enplaned Passenger n/a Cost: undetermined Enpl.Pax: 282,051 RON CHARGES For each aircraft in excess of 3 parked overnight at the Passenger Terminal Ramp For aircraft with more than 13 seats $27.16 For aircraft with 13 or less seats $13.58 FUEL FLOW FEES (per Gallon Delivered) $0.06 LAND RENTAL RATES Aviation Use Property $0.79 Non -Aviation Use Property By Appraisal County Leased Property $1.41 Adam Arnold Annex/Customs Rental Rate $59.19 Newton & Associates,lnc. 8/27/10 c:\11 Rates & Charges 082710-fcn3.xls KEY WEST INTERNATIONAL AIRPORT FY 2011 AIRLINE RATES & CHARGES AIRPORT OPERATING STATISTICS Estimated Projected FY 2010 FY 2011 ENPLANED PASSENGERS American Eagle 108,873 108,873 Cape Air 12,138 12,138 Delta Connection 78,448 72,564 Continental Connection 34,632 34,632 US Airways Express 28,726 32,160 AirTran Airlines 16,951 21,684 Fiscal Year Enplanements 279,768 282,051 0.8% Estimated Projected FY 2009 FY 2010 ESTIMATED LANDING WEIGHTS: American Eagle 101,937 101,937 Cape Air 15,217 15,217 Delta Connection 88,785 84,625 Continental Connection 48,455 48,455 US Airways Express 33,715 37,503 AirTran Airlines 21,628 27,287 Subtotal Pax Airlines 309,737 315,024 Fed Ex (Mountain Air Cargo) 3,687 3,687 DHL (IBC) 0 0 Subtotal Cargo Airlines 3,687 3,687 Landing Weights 21 313,424 318,711 Annual Growth Rate 1.7% BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 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 409/10/38 with URS for DBE Implementation Services at the Key West International and the Florida Keys Marathon Airports. ITEM BACKGROUND: This project is funded 95% by the Federal Aviation Administration, with match from Airport Operating Funds. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application 413, 3-21-2007. CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval. TOTAL COST: $107,300.00 COST: NA DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None COST TO AIRPORT: $5,365.00 COST TO PFC: None REVENUE PRODUCING: Yes APPROVED BY: County Attorney X DOCUMENTATION: Included X BUDGETED: Yes SOURCE OF FUNDS: FAA, operating No X AMOUNT PER YEAR: NA OMB/Purchasing Risk Management Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: Execution Expiration Date: 365 days Contract Purpose/Description: PSO #09/10/38 for DBE Implementation Services at Key West International and the Florida Keys Marathon Airports. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: October 20, 2010 Agenda Deadline: October 5, 2010 Total Dollar Value of Contract: $107,300.00 Budgeted? Yes Grant: Yes - FAA County Match: operating Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: Account Codes: 630151-GAKA143; 630150-GAKA142 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director 9/22/2010 ( ) ( ) Peter Horton 9/22/2010 Peter Horton Risk Management for Risk Management O.M.B./Purchasing for OMB County Attorney 10/4/2010 ( ) ( ) Pedro Mercado 10/4/2010 County Attorney Comments: PURCHASE / SERVICE ORDER FOR MONROE COUNTY To: URS Corporation Southern Re: PSA Agreement, Dated: 4-1-07 Purchase Service Order No. 09/10-38 Resolution Project Name: EYW/MTH — DBE Implementation Services Description of Services: (See attached Scope of Services) Multiple of Direct Salaries Lump Sum X Days to Complete 365 Reimbursable Expense Fee this Service Order $ 107,300.00 Payment for Services shall be in their entirety as per PSO. Prepared by: Recommended by: Milford A. Reisert Date: ` `, 71,1✓, Accepted by: 4 Carlos Garcia Date: l ' (q -Z2-- I /-IN Date: Approved by: Date: SON COWTY ATTO Y C D AS/T;07F f .�cf P....J..iCADO ASSISTANT COU TY ATTORNEY WADMINISTRATIVE ASSIST Scope of Services DBE Support Services for DBE Implementation Plan Key West_ International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2010—September 30 2011 Overview The Key West International and Florida Keys Marathon Airports' Disadvantaged Business Enterprise Program was established in 2000 in accordance with the requirements of the U. S. Department of Transportation's guidelines 49 CFR Part 26. The objectives of the Airports' DBE Program were and still are: 1. That Disadvantaged Business Enterprises shall be assured, to the fullest extent possible, the opportunity to participate in the performance of contracts assisted in whole or in part with Federal funds, and 2. That no person, subject to the activities of the Monroe County Board of County Commissioners shall, on the basis of race, color, national origin, or sex, be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of any contract assisted in whole or in part with Federal funds. 3. To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts; and ensure that the DBE Program is narrowly tailored in accordance with 49 CFR Part 26. 4. To ensure that only firms which fully meet the Department of Transportation's Eligibility standards are permitted to participate as DBEs. 5. To help remove barriers to the participation of DBE's in DOT — assisted Contracts. In 2004, the Key West International & Florida Keys Marathon Airports (Airports) became certifying members of the Unified Certification Program (UCP) within the State of Florida. As certifying agencies, the Airports have the responsibility of adhering to and upholding all UCP and DOT rules and regulations regarding the DBE program. The Airports will need to stay abreast of UCP issues and modify/update their own DBE programs to incorporate UCP procedures, reporting, and forms. Key West International & Florida Keys Marathon Airports continue the implementation and development of their DBE Program and ACDBE and DBE Support Services. FAA's new requirement for 3-year DBE Goals will need to be developed, and the ACDBE plans will need to be updated. This scope of services identifies the elements and tasks the Montgomery Consulting Group (MCG) and/or the Airport will undertake to provide support services for the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE Plans Implementation envisioned by airport staff for Key West International Airport and Florida Keys Marathon Airport. The time period for this scope of services is estimated from October 1, 2010 through September 30, 2011. Prepared by Montgomery Consulting Group, Inc. Prepared on: 23 August 2010 Scope of Services DBE Support Services for DBE Implementation Plan Key West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2010 — September 30, 2011 Specific Elements/Tasks Element 1. DBE Certification Support Services 1. Accept, maintain & review applications for DBE and ACDBE certification under 49 CFR Parts 23 & 26. This task includes identification of request of needed additional information from applicants and completion of on -site visit report for applicants that are located in Monroe County. Coordination will be made with the applicant and appropriate agencies for applicants located outside of Monroe County. The Key West International and Florida Keys Marathon Airports currently have UCP certification responsibility and management for firms located within Monroe County. Labor hours and out of pocket expenses for certifying new applicants have been included in this scope, along with development, delivery and review of No Change Affidavits which each certified firm is required to complete on their yearly certification anniversary date; 2. Make written recommendations to the Airport DBELO as to whether applicant firms should be considered for certification by the Airport(s)/UCP and prepare (as appropriate) a draft certification letter and certificates. For firms ineligible for certification, a letter stating the reason why the firm cannot be certified will be prepared for the DBELO; 3. Attend and participate in UCP meetings and follow-up activities on behalf of the airport(s). UCP meetings are held by teleconference approximately 3 times per year. In addition, one annual two-day meetings is held once a year to keep abreast of the current UCP and future changes to the UCP and coordinate UCP issues to the DBELO. Any changes or updates that need to be made in accordance with UCP rules and regulations will be discussed with the DBELO via transmittal letter, e-mail or formal consultation; 4. Maintain a Directory of DBEs certified by the Monroe County Airports. The directory will be documented in accordance with UCP regulations and contain all required UCP fields/categories. This DBE Directory will be updated each time a new firm is certified. The DBE Directory will be kept on hand at the Airports as well as posted on the Airport DBE website and maintained in the FDOT UCP DBE Online DBE Directory; 5. Prepare a monthly report for the DBELO on the status of DBE applications and DBE activities. The monthly status report will include the status of DBE applicants, certified DBEs and the date/status of their Annual No Change Affidavit, DBE Inquiries (firms which have shown interest in the DBE program, but have not formally submitted an application for DBE certification, Closed Applicant Files (applicants that submitted an application, but then never submitted all required documentation) and Denied Applicants (including comments on the reason that the firm could not be certified). The report will also include any and all support services performed in that specific period for the DBE program. 2 Prepared by: Montgomery Consulting Group, Inc. Prepared on: 23 August 2010 Scope of Services DBE Support Services for DBE Implementation Plan Key West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2010 — September 30, 2011 Element 2. DBE Outreach Support Services 1. Update & maintain the Key West International & Florida Keys Marathon Airports DBE website to include information regarding the DBE program for the purpose of increasing awareness of the DBE and ACDBE programs and inclusion of the DBE Directory. DBE Opportunities, the DBE Newsletter and the DBE Directory will also be updated on the website as needed; 2. Development and distribution of an airport (s) DBE Newsletter to highlight DBE firms and current DBE opportunities at the airport's). An updated distribution list for the newsletter will be created for each newsletter issued to incorporate newly certified DBEs, along with any other new contacts or interested firms. Three (3) newsletters have been budgeted. Element _3.DBE Program Development, Monitoring and Compliance 1. Make recommendations regarding monitoring and reporting recommendations related to DBE and ACDBE goals/good faith effort, DBE and ACDBE programs, compliance, and language in requests for proposal, contract documents; and develop a systematic approach for reporting DBE and ACDBE Compliance information to the Airport; 2. Be available to the DBELO for consultation on DBE and ACDBE issues, and 3 Conduct "Good Faith Efforts" audits and contract compliance monitoring for on -going projects that receive federal funding and make project site visits to investigate actual DBE project participation; 4. Coordinate with the airport's general consultant/engineer on DBE and ACDBE goals/good faith effort, DBE program compliance and language in requests for proposal and contract documents. 5 Prepare a three-year DBE Goal and Methodology for the FAA FY 2011-2013 including any required updates in accordance with FAA guidelines for Key West International Airport and Florida Keys Marathon Airport and update the DBE Plan to incorporate changes by the UCP; & Update ACDBE Concession plan for Key West International Airport and Florida Keys Marathon Airport to address concessionaire development, regulation, compliance and monitoring,, 7. Prepare FAA reporting forms for DBE and ACDBE compliance as required by the airport and DBELO including, but not limited to annual DBE Concessionaire Awards & Commitments Reports and annual DBE Goal Methodology Updates; 8. Provide assistance to the DBELO in identifying grievance issues and assistance in handling any DBE or ACDBE appeals 3 Prepored by Montgomery Consulting Group, Inc. Prepared on. 23 August 2010 Scope of Services DBE Support Services for DBE Implementation Plan Key West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2010 - September 30, 2011 (including comments on the reason that the firm could not be certified). The report will also include any and all support services performed in that specific period for the DBE program. 4 Prepared by: Montgomery Consulting Group, Inc. Prepared on: 17 August 2010 Scope of Services DBE Support Services for DBE Implementation Plan Key West International Airport and Florida Keys Marathon Airport Monroe County Airports October 1, 2010 - September 30, 2011 Element 2. DBE Outreach Support Services 1. Update & maintain the Key West International & Florida Keys Marathon Airports DBE website to include information regarding the DBE program for the purpose of increasing awareness of the DBE and ACDBE programs and inclusion of the DBE Directory. DBE Opportunities, the DBE Newsletter and the DBE Directory will also be updated on the website as needed; 2. Development and distribution of an airport (s) DBE Newsletter to highlight DBE firms and current DBE opportunities at the airport's). An updated distribution list for the newsletter will be created for each newsletter issued to incorporate newly certified DBEs, along with any other new contacts or interested firms. Three (3) newsletters have been budgeted. Element 3. DBE Program Development, Monitoring and Compliance 1. Make recommendations regarding monitoring and reporting recommendations related to DBE and ACDBE goals/good faith effort, DBE and ACDBE programs, compliance, and language in requests for proposal, contract documents; and develop a systematic approach for reporting DBE and ACDBE Compliance information to the Airport; 2. Be available to the DBELO for consultation on DBE and ACDBE issues; and 3. Conduct "Good Faith Efforts" audits and contract compliance monitoring for on -going projects that receive federal funding and make project site visits to investigate actual DBE project participation; 4. Coordinate with the airport's general consultant/engineer on DBE and ACDBE goals/good faith effort, DBE program compliance and language in requests for proposal and contract documents. 5. Prepare a three-year DBE Goal and Methodology for the FAA FY 2011- 2013 including any required updates in accordance with FAA guidelines for Key West International Airport and Florida Keys Marathon Airport and update the DBE Plan to incorporate changes by the UCP; 6. Update ACDBE Concession plan for Key West International Airport and Florida Keys Marathon Airport to address concessionaire development, regulation, compliance and monitoring; 7. Prepare FAA reporting forms for DBE and ACDBE compliance as required by the airport and DBELO including, but not limited to annual DBE Concessionaire Awards & Commitments Reports and annual DBE Goal Methodology Updates; & Provide assistance to the DBELO in identifying grievance issues and assistance in handling any DBE or ACDBE appeals. 5 Prepared by: Montgomery Consulting Group, Inc. 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