Item C04 C.4
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.�p�` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: C.4
Agenda Item Summary #7261
BULK ITEM: Yes DEPARTMENT: Public Libraries
TIME APPROXIMATE: STAFF CONTACT: Kimberly Matthews (305) 292-4540
No
AGENDA ITEM WORDING: Approval to expend up to $250,000 in library impact fees for the
Opening Day Collection of the new Marathon Branch library project and approval of delegation of
the purchasing authority to Kimberly Matthews to sign individual invoices for the opening day
collection, the cumulative value of which will not exceed $250,000.
ITEM BACKGROUND: In accordance with Florida Statute 257.25 which states, "Free library
service.-Free library service shall constitute as a minimum the free lending of library materials that
are made available for circulation and the free provision of reference and information services." the
Monroe County Public Library System makes available print and non-print material to the
community.
The Monroe County Public Library System is building a new Marathon Branch due to the outdated
and poor condition of the current facility. Not only is the physically structure in poor condition,
water intrusion and storm damage has taken its toll over the years on the branch's library materials
both print and non-print. The state of the collection makes it necessary to purchase significant
amounts of new material to meet the demand for circulating material that will accompany the
opening of the new Branch in early 2021. In addition, the new facility will provide the Monroe
County Public Library System to offer new programming and services that must be supported by
new lending material. New collections for new libraries are a best practice in library service and are
known as"Opening Day Collections" (ODC).
Purchasing an ODC is a formidable project. It requires significant staff expertise, a strong
partnership with a respected book vendor and a detailed plan. Even with these pieces in place, the
unpredictable nature of publishing release dates, material availability and prices that change from
estimated prices prior to release to a final publish cost. These complexities further extend to
ongoing calculations on amount of linear shelving in the new facility, size of the books once
published and how a collection will be organized within the new library. Despite all these factors,
the primary focus is always to purchase material that will appeal to and meet the needs of the
community. As a result of these moving targets, ODC's have a target budget within which they
work. The overall budget for the Marathon Branch ODC will not exceed $250,000. Attached to this
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C.4
item is a complete breakdown of anticipated spending by material type, genre, audience, and Dewey
Decimal number. That document is titled "Marathon ODC Ordering Timeline & Budget Plan". This
timeline also details the ordering of the ODC. It will stretch over five to seven months and will
likely have approximately 100-150 invoices that may range from $50 or less to thousands of dollars.
However, culminative these invoices will not exceed the approved budget. Though not a factor for
this agenda item, it is appropriate to note that these purchases will be made through a Florida State
government contract. The approval for use of that State contract is a separate BOCC Agenda item.
Funding will come from Impact Fees identified by OMB for the Marathon library project. As per the
BOCC Resolution 493-1992 approved October 16, 1992, library materials are an approved use of
Library Facilities Impact Fees. Specifically, the resolution states "All library facilities impact fee
funds shall be utilized for library facilities projects or collection materials acquisition within the
Monroe County Library facilities impact district". The resolution further adopted a level of service
standard of 2.2 material items per capita at$24 per item.
PREVIOUS RELEVANT BOCC ACTION:
3/5/2019 — BOCC approve a contract with Pedro Falcone for the construction of the Marathon
Branch Library.
1/23/19 - BOCC rejected all bids to a prior solicitation for construction of the Library in anticipation
of receiving proposals to the subsequent criteria-based RFP that included ranking criteria, redesigned
plans, designs and specifications.
6/20/18 - BOCC approved a 4th Amendment to the Professional Services Agreement with
Synalovski Romanick Saye, LLC. (SRS) for the revisions to the 1st and 2nd floor plan to
accommodate a more open floor plan providing the ability to reconfigure the layout of the library
space, reposition the children's library to the second floor, reposition the adult section for the first
floor, enclose the covered terraces, update the building elevations, and provide a 6" raised access
floor on both floors of the facility including the adult education area.
10/21/15 - BOCC approved a contract with SRS for the design though construction administration of
a new public library in Marathon. Other action not requiring BOCC approval included a First
Amendment to Agreement with SRS to include services for a solar feasibility study as required by
Resolution of the Climate Change Advisory Committee. A Second Amendment was approved by
staff to include services for a redesign of an area at the library requested by staff, and a Third
Amendment was approved by staff for services to include alternate plans for separate roof top solar
systems.
10/16/1992 — BOCC passed Resolution 493-1992 creating one Library Facilities Impact District,
adopting a level of service standard, and directing that impact fee funds would be used for library
facilities projects and collection material acquisition.
CONTRACT/AGREEMENT CHANGES:
Agreement
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C.4
STAFF RECOMMENDATION:
DOCUMENTATION:
Marathon ODC Timeline Budget 8-13
Baker and Taylor LLC ACS Contract with Florida
Draft Public Library Impact Fee Report County 9-7-92
1992-10-16 Resolution 493-1992 Library Impact Fees (annotated)
FINANCIAL IMPACT:
Effective Date: 9/16/2020
Expiration Date: With completion of Marathon Project
Total Dollar Value of Contract: 0
Total Cost to County: Will not exceed $250,000
Current Year Portion: $0 (first billing in FY21)
Budgeted: Yes
Source of Funds: 132-30000 CTYWIDE LIBRARY PROJECTS
CPI: NA
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No If yes, amount:
Grant: No
County Match: None
Insurance Required: No
Additional Details:
09/16/20 132-30000 - CTYWIDE LIBRARY PROJECTS ($250,000.00)
REVIEWED BY:
Norma Kula Skipped 08/25/2020 2:37 PM
Kimberly Matthews Completed 08/31/2020 12:59 PM
Pedro Mercado Completed 08/31/2020 3:25 PM
Purchasing Completed 08/31/2020 3:32 PM
Budget and Finance Completed 09/01/2020 8:28 AM
Maria Slavik Completed 09/01/2020 8:30 AM
Liz Yongue Completed 09/01/2020 9:23 AM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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Marathon ODC
Monroe County Florida
The community of Monroe Florida is opening a new branch, called Marathon. They have an
anticipated opening day of March 2021. The total funds available are approximately
$250,000. The project plan will include a Collection Development schedule that will extend
from Mid-September into Mid-December 2020. Carts will be created by Dave at B&T and
will be set to library for review, selection and ordering.Library staff will have 2 weeks with
each cart and will order by transferring carts to the Account Coordinator.
ADULT NONFICTION
Total Budget$43,000
Reviews Library Journal, Booklist. Kirkus, Publishers Weekly
Pubdate Range 5 years
Maximum Item Cost$60
0
List Name Budget Date to Library Return Date Notes
A000 $1,225 9/18/20 10/2/20
A100 $2,050 9/25/20 10/9/20
A200 $2,050 10/2/20 10/16/20
0
A300 $4,700 10/9/20 10/23/20
A400 $1,475 10/16/20 10/30/20
A500 $3,125 10/23/20 11/6/20
co
A600 $6,150 10/30/20 11/13/20
A700 $3,100 11/6/20 11/20/20
A800 $2,125 11/13/20 11/27/20
A900 $6,000 11/20 12/4/20
Bios $3,250 11/27/20 12/11/20
Reference $500 12/4/20 12/18/20 0
Computer $1,000 12/4/20 12/18/20
Travel $2,000 12/4/20 12/18/20
Test Prep $1,200 12/4/20 12/18/20
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Consumer Health $1.050 9/18/20 10/2/20
m
Spoken Word $1,000 9/25/20 10/9/20
0.
Large Print $1,000 10/2/20 10/16/20
ADULT FICTION
Total Budget$80,000
Reviews Library Journal, Booklist, Publishers Weekly, Kirkus
Pubdate Range 5 years
Maximum Item Cost$40
0
List Name Budget Date to Library Return Date Notes
0
U
Mystery $8,000 10/9/20 10/23/20 List split into 2
alphabetical
ranges, A-L M-Z
SF/Fan $8,000 10/16/20 10/30/20 List split into 2
alphabetical
ranges, A-L M-Z
Romance $8,000 10/23/20 11/6/20 List split into 2
alphabetical a)
CD
ranges, A-L M-Z
Westerns $8,000 10/30/20 11/13/20 List split into 2 �--
alphabetical
ranges, A-L M-Z co
Horror $2,000 11/6/20 11/20/20
Inspirational $4,000 11/13/20 11/27/20
Classics $8,000 11/20/20 12/4/20 List split into 2
alphabetical
ranges, A-L M-Z c,
General Fiction $24,000 11/27/20 12/11/20 Will exclude all
separate genres.
List in 4 parts. A-D
E-K L-Q R-Z
Spoken Word $3,000 12/4/20 12/8/20
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Large Print $1,000 9/18/20 10/2/20 List split into 2
alphabetical
ranges, A-L M-Z
Florida Fiction Replacement list
JUVENILE NONFICTION
Budget$16,500
Binding Preference-Hardcover, Reinforced, Library
Reviews School Library Journal, Booklist, Publishers Weekly, Kirkus, YOYA
Pubdate Range 5 years
Maximum Item Cost Non Fiction-$60
0
List Name Budget Date to Library Return Date Notes m
0
J000 $1,085 9/25/20 10/9/20 Coding
J100 $620 10/2/20 10/16/20 Feelings-
Mindfullness
J200 $310 10/9/20 10/23/20 Myths
W
J300 $1.860 10/16/20 10/30/20 SocialIssues-
Enviroment-Fairy
Tales m
J400 $465 10/23/20 11/6/20 Languages
J500 $4,650 10/30/20 11/13/20 Math-Astronomy- r9
Science-Animals- co'
Oceans-Di nasau rs
J600 $1,860 11/6/20 11/20/20 Health_ _
Technology- w
Cookng-Space-
Maker Stations m
J700 $2,790 11/13/20 11/27/20 Crafts-Games
Manga-Sports
J800 $775 11/20/20 12/4/20 Poetry
J900 1,085 11/27/20 12/11/20 History-Travel
Bios $500 12/4/20 12/18/20
Reference $500 9/25/20 10/9/20
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0
JUVENILE FICTION
Total Budget$75,250
Binding Preference-Hardcover, Reinforced, Library
Reviews School Library Journal, Booklist, Publishers Weekly, Kirkus, VOYA
Pubdate Range 5 years
Maximum Item Cost-Fiction-$40
List Name Budget Date to Library Return Date Notes
Picture Books/ $36,500 10/2/20 10/16/20 Will exclude all
Easy Readers separate genres.
List in 4 parts. A-D
E-K L-Q R-Z
Beginning Readers $3,500 10/9/20 10/23/20 Fiction
0
Board Books $1,000 10/16/20 10/30/20
Graphic Novels $1,000 10/23/20 11/6/20
Fiction $33,250 11/6/20 11/20/20 Will exclude all
separate genres.
List in 4 parts. A-D
E-K L-Q R-Z
0
YA MATERIALS
Total Budget$7,000co
Binding Preference- Hardcover, Reinforced, Library
Reviews School Library Journal, Booklist, Publishers Weekly, Kirkus, VOYA
Pubdate Range 5 years
Maximum Item Cost Nonfiction-$50. Fiction-$35
List Name Budget Date to Library Return Date Notes
0
YA000 $180 11/20/20 12/4/20 Coding
YA100 $40 11/27/20 12/11/20 Emotions-
Mindfullness
YA 200 $20 12/4/20 12/18/20 Myths
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YA300 $340 9/18/20 10/2/20 College Guides-
Social Issues
0
YA400 $20 9/25/20 10/9/20 Languages
YA500 $240 10/2/20 10/16/20 Math-Astronomy-
Science-Ocean =
Animals
YA600 $260 10/9/20 10/23/20 Health-Resumes
YA700 $500 10/16/20 10/30/20 Crafting-Gaming- o
Manga
YA800 $200 10/23/20 11/6/20 Poetry
YA900 $200 10/30/20 11/13/20 Travel
BIOS $500 11/6/20 11/20/20
Fiction $3,500 11/20/20 12/4/20 —
Graphic Novels $1,000 12/4/20 12/18/20 Fiction and Non
fiction
.E
SPANISH MATERIALS a,
Budget$4,500
0
List Name Budget Date to Library Return Date Notes m
Adult Fiction $1,000 9/18/20 10/2/20 Best Translations ._
c�
Adult Non Fiction $1,000 9/18/20 10/2/10 Health-Cooking- co
ELL-Citizenship-
Spirituality
Juv-Easy $800 9/25/20 10/9/20
Juv Fiction $600 9/25/20 10/9/20
Juv NF $600
YA Fiction $500 9/25/20 10/9/20
r_
0
MEDIA
Budget$23,750
Pubdate Range 5 years
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Maximum Price Single Video-$30
Maximum Price Boxed set-$60
0
List Name Budget Date to Library Return Date Notes
Adult Video $7,500 10/23/20 11/6/20 G,PG,PGI3,R,
Fiction Unrated. Not
Rated
Adult Video $3,750 10/30/20 11/13/20
Non Fiction
Adult TV $7,500 11/6/20 11/20/20
Juv Video $3,000 11/13/20 11/27/20
Fiction
Juv Video Non $1,000 11/20/20 12/4/20
Fiction
Juv Video TV $1,000 11/27/20 12/11/20
0
0
r9
CO
C
0
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Department of
SERVICES MANAGEMENT
We serve those who serve Florida
0
Alternate Contract Source (ACS)
No. 55000000-20-NY-ACS
For
Books and Non-Print Library Materials, and Related Ancillary Services
0
This Contract is made by and between the State of Florida, Department of Management
Services (Department), an agency of the State of Florida (State), and Baker and Taylor, LLC,
2550 West Tyvola Road, Suite 300, Charlotte, NC 28217 (Contractor), collectively referred
to herein as the "Parties."
The Department is authorized by section 287.042(16), Florida Statutes, "To evaluate
contracts let by the Federal Government, another state, or a political subdivision for the
provision of commodities and contract services, and, if it is determined in writing to be cost-
effective and in the best interest of the state, to enter into a written agreement authorizing an
agency to make purchases under such contract." o
The State of New York competitively procured Books and Non-Print Library Materials, and
Related Ancillary Services, and signed contract award number 22868 with the Contractor,
attached hereto as Exhibit D (Master Agreement). The Master Agreement became effective
on June 1, 2015, and is scheduled to expire on May 31, 2022. No renewal options are
available.
0
The Department evaluated the Master Agreement, and hereby acknowledges that use of the
Master Agreement as an alternative source contract is cost-effective and in the best interest
of the State. 2
Accordingly, the Parties agree as follows: U
1. Term and Effective Date.
The initial term of this Contract will begin June 30, 2020, or on the date the Contract is
fully signed by all Parties and will expire May 31, 2022, consistent with the Master o
Agreement, unless terminated earlier in accordance with the Special Contract Conditions
or Additional Special Contract Conditions.
0
2. Modifications or Additions to Master Agreement.
a) As used in this document, Contract (whether or not capitalized) will, unless the
context requires otherwise, mean this document and all incorporated Exhibits,
which set forth the entire understanding of the Parties and supersedes any and all
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Alternate Contract Source (ACS)
No. 55000000-20-NY-ACS
For
Books and Non-Print Library Materials, and Related Ancillary Services
prior agreements. This Contract may only be modified or amended upon mutual
written agreement by the Parties. If amendments are made to the Master
Agreement, the Contractor shall: 1) notify the Department of such amendments; o
and 2) provided the Department is amenable to incorporating the amendments into
this Contract, enter into a written amendment with the Department reflecting the
addition of such amendments to this Contract. o
0
b) All Exhibits attached or listed below are incorporated in their entirety into, and will
form part of, this Contract. Exhibits A, B,and C modify or supplement the terms
and conditions of the Master Agreement. In the event of a conflict, the following
order of precedence shall apply-
0
i. This Contract and amendments, with the latest issued having priority.
ii. Exhibit A: Additional Special Contract Conditions (Florida)
iii. Exhibit B: Special Contract Conditions (Florida)
iv. Exhibit C: Price Sheet
v. Exhibit D: Master Agreement
0
c) Where the laws and regulations of a state other than the State of Florida are cited
or referenced in the Master Agreement, such citation or reference shall be replaced
by the comparable Florida law or regulation.
d) The first line of the "Price" section of the Master Agreement is modified as follows:
0
Price shall include all customs duties and charges and shall be net, F.O.B.
destination, any point in Nlev.g York the State of Florida and shall include
inside delivery inside doors of Authorized User's receiving platform.
3. Purchases off this Contract. o
Upon execution of this Contract, agencies (as defined in section 287.012, Florida
Statutes) may purchase products and services under this Contract using this State of
Florida ACS No. 55000000-20-NY-ACS. State agencies acknowledge and agree to be
bound by the terms and conditions of the Master Agreement except as otherwise specified
in this Contract.
0
0
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Alternate Contract Source (ACS)
No. 55000000-20-NY-ACS
For
Books and Non-Print Library Materials, and Related Ancillary Services
4. Primary Contacts
Department's Contract Manager:
0
Thomas Bower
Division of State Purchasing
Florida Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950 0
Telephone: (850) 488-6904
Email: Thomas. owerp_dms.my lorida.com
0
Contractor's Contract Manager: 0
Lee Ann Queen
Baker and Taylor, LLC
2550 West Tyvola Road, Suite 300
Charlotte, NC 28217
Telephone: (800) 775-7930 0
Email: idsp_ba er-taylor.com
0
6. Warranty of Authority
Each person signing this document warrants that he or she is duly authorized to do so and to bind the respective party.
0
7. Entire Agreement of the Parties
This document and the attached exhibits constitute the Contract and the entire
understanding of the Parties. Any amendments hereto must be in writing and signed by
the Parties.
U
0
0
0
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Alternate Contract Source (ACS)
No. 55000000-20-NY-ACS
For
Books and Non-Print Library Materials, and Related Ancillary Services
IN WITNESS THEREOF, the Parties here to have caused this Contract, which includes the
attached and incorporated Exhibits, to be executed by their undersigned officials as duly
authorized. This Contract is not valid and binding until signed and dated by the Parties.
CONTRACTOR STATE OF FLORIDA, o
Baker and Taylor, LLC DEPARTMENT OF
MANAGEMENT SERVICES
Qocusigned by;
DocuSigned by:
t1( ((law
A88E24D686924BA...
87A?F4Efi989R4R2_
Director-Pricing Services Tami Fillyaw 0
Chief of Staff
7/14/2020 2:47 PM EDT 7/14/2020 6:47 PM EDT
Date: Date:
0
0
0
0
0
0
L)
0
0
0
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Der)artmer)t of
MENT
MANAGE
ERVI
Wes serve I hosc,who serve Florida
ADDITIONAL SPECIAL CONTRACT CONDITIONS
Exhibit A
The following changes are modifying or supplementing the Master Agreement terms and
conditions.
1. Vendor Registration: In order to complete any transaction between a Customer and the
Contractor, the Contractor must be registered in My loridaMarket lace.
2. Additional Customer Terms: If any additional ordinance, rule, or other local governmental
authority requires additional contract language before a Customer can make a purchase
under this Contract, the Customer is responsible for entering a separate agreement with
the Contractor and capturing that additional contract language therein.
3. The State of Florida's performance and obligation to pay under this Contract is contingent
upon an annual appropriation by the Legislature. The Contractor shall comply with section
11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to
lobby the Legislature, Judicial, or state agencies.
4. Employment Eligibility Verification: The language of Subsection 13.2 of the Special
Contract Conditions regarding E-Verify shall apply to resellers as well as other
subcontractors.
5. Orders: Any Order placed by a Customer for a Product and/or Service available from this
Contract shall be deemed to be a sale under and governed by the terms and conditions of
the Contract. To the extent the Customer and the Contractor agree on additional terms, the
terms will be documented on the Customer Order, and signed by both parties.
Contractor must be able to accept purchase orders via fax, e-mail, or the
MyFloridaMarketPlace (MFMP).
6. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper-based
invoices for those transactions processed through MFMP. Electronic invoices may be 2
submitted to the agency through one of the mechanisms as listed below:
• EDI (Electronic Data Interchange)
o This standard establishes the data contents of the Invoice Transaction Set
(810) for use within the context of an Electronic Data Interchange (EDI)
environment. This transaction set can be used for invoicing via the Ariba
Network (AN) for catalog and non-catalog goods and services.
• PO Flip via AN
o The online process allows Contractors to submit invoices via the AN for
catalog and non-catalog goods and services. Contractors have the ability to
create an invoice directly from their Inbox in their AN account by simply
"flipping" the PO into an invoice. This option does not require any special
software or technical capabilities.
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LN
For the purposes of this section, the Contractor warrants and represents that it is
authorized and empowered to and hereby grants the State and the third-party provider of
MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and
publicly display within the system the information outlined above. In addition, the
Contractor warrants and represents that it is authorized and empowered to and hereby
grants the State and the third-party provider the right and license to reproduce and display
within the system the Contractor's trademarks, system marks, logos, trade dress, or other c
branding designation that identifies the products made available by the Contractor under
the contract.
The Contractor will work with the MFMP management team to obtain specific requirements
for the electronic invoicing if needed. o,
7. Contract Reporting: The Contractor shall report information on orders received from
Customers associated with this Contract.
c
The Contractor shall submit reports in accordance with the following schedule:
Report Period Covered Due Dates c
CJ
MFMP Transaction Calendar month 15th calendar day of the month following the receipt
Fee Report of payment for the vendor's good or services.
State's Fiscal
Quarterly Sales Report Quarter 15 calendar days after close of the period
0.
No favorable action will be considered for any contractor who has outstanding Quarterly
Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include
fees/ monies that is required under this Contract.
• Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to
the Department's Contract Manager within 15 calendar days after the close of each
State Fiscal quarter.
Quarterly reporting timeframes coincide with the State Fiscal Year as follows:
Quarter 1 - (July-September) —due 15 calendar days after close of the period 2
Quarter 2 - (October-December) — due 15 calendar days after close of the period
Quarter 3 - (January-March) — due 15 calendar days after close of the period
Quarter 4 - (April-June) —due 15 calendar days after close of the period
Quarterly Reporting periods should coincide with the Contract term and begin the
quarter following Contract execution. Reports must be submitted in MS Excel format
and can be retrieved by accessing the following link at FL DMS Quarterly Sales
e ort. The report will include all sales (orders) from Customers received (associated
with this Contract) during the period. Initiation and submission of the Quarterly Report
is the responsibility of the Contractor without prompting or notification from the
Department's Contract Manager. If no orders are received during the period, the
Contractor must submit a report stating that there was no activity. If the Contractor
fails to submit two consecutive quarterly sales reports, this Contract may be
terminated for convenience or the Department may choose to not renew the Contract.
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In addition, the Department may require additional sales information such as copies of
purchase orders, or ad hoc sales reports. The Contractor shall submit these specific
ad hoc requests within the specified amount of time as requested by the Department.
• MFMP Transaction Fee Report: The Contractor is required to submit monthly MFMP 2
Transaction Fee Reports in the Department's electronic format. Reports are due 15
calendar days after the end of the reporting period. For information on how to submit
MFMP Transaction Fee Reports online, please reference the detailed fee reporting
instructions and Vendor training presentations available online at the "Transaction Fee
Reporting" and "Vendor Training" subsections under "Vendor" on the MFMP website:
MFMP Transaction Fee and Reporting. Assistance is also available with the
Transaction Fee Reporting System from the MFMP Customer Service Desk by email
at feeprocessing@myfloridamarketplace.com or telephone 866-FLA-EPRO (866- 352-
3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. c
c
8. Ad hoc Reports: The Department reserves the right to require additional reports or
information pertaining to this Contract and any resulting purchase orders or contracts with
customers. The Contractor must submit a report or information within five (5) business
days after receipt of a Department request, unless otherwise approved by the Department.
9. Financial Consequences: The following financial consequences will apply for
nonperformance of the contract by a Contractor. The State reserves the right to withhold
payment or implement other appropriate remedies, such as contract termination or
nonrenewal, when the Contractor has failed to perform/comply with provisions of the
Contract. These consequences for non-performance are not to be considered penalties.
The financial consequences will be paid via check or money order and made out to the
Department of Management Services in US Dollars within 30 calendar days after the
required report submission date. These consequences are individually assessed for
failures over each target period beginning with the first full month or quarter of the contract
performance and every quarter thereafter. _
Performance Financial �.
Target Consequence '
Performance Metrics Description Frequency for Non-
Performance
Per Day Late
Quarterly Sales Report Quarterly Sales Report are due 100% Quarterly $250
Submission on or before the 15th calendar
day after close of a quarter. U
Monthly MFMP MFMP Transaction Fee Report 100% Monthly $100
Transaction Fee Report are due on or before the 15th
calendar day after close of the
period.
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10. Financial Consequences for Non-Performance: If the Department determines that the
Contractor has failed in any quarter to meet requirements of the "Contract Reporting"
section for two or more standards, the Department may assess the Contractor a fee in
accordance with the table incorporated herein.
These consequences of non-performance shall not be considered penalties.
11. Business Review Meetings: The Department reserves the right to schedule business
review meetings as frequently as necessary. The Department will provide the format for
the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed
agenda to the Department for review and acceptance. The Contractor shall address the
agenda items and any of the Department's additional concerns at the meeting. At
minimum, the parties shall meet to discuss: c
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• Program compliance
• Program trending review
• Savings report: Hard dollar and soft dollar
• Spend report
• Subcontractor and contingent staff performance
• Recommendations for improved compliance and performance
Failure to comply with this section may result in the Contractor being found in default and
Contract termination.
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12. Certification of Drug-Free Workplace: In executing this Contract, Contractor certifies that it
has implemented a drug-free workforce program.
13. Resellers: The Contractor may use resellers in order to provide equipment and services.
All resellers shall be the direct responsibility of the Contractor. The Contractor is
responsible for all liability, terms, and conditions within Master Agreement and this
Contract. The Contractor's resellers' participation will be in accordance with the terms and
conditions set forth in the aforementioned Master Agreement and this Contract. If a reseller
is authorized to conduct business on behalf of the Contractor and the reseller is to receive
compensation from the Contractor for its services, then any dispute between the
Contractor and the reseller shall be resolved between the Contractor and the reseller. The
State of Florida is not a party to any agreements entered into between the Contractor and
its resellers.
The Contractor shall be responsible to report all contract sales (and pay any associated
MFMP transaction fees), including those of any such subcontractors (which includes
resellers), and shall ensure that all such subcontractors meet the following requirements:
• Have an ACTIVE Registration with the Florida Department of State, Division of
Corporations https://dos.mvflorida.com/sunbiz/ (unless the subcontractor is
exempt from the registration requirements as set forth in Florida Statutes)
• Registered in the MFMP Vendor Information Portal
https://vendor.myfloridamarketr)lace.com
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• Not be on the State of Florida's Convicted, Suspended, or Disc
https://www.dms.myflorida.com/business operations/state purchasing/state agen
cv resources/vendor registration and vendor lists/discriminatory vendor list
• Have a copy of e-Verify Status on file
• Have a current W-9 filed with the Florida Department of Financial Services
htts://fivendor.myfloridacfo.com
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0
0
0
0
0
0
0
0
0
0
0
0
0
0
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Exhibit B-Special Contract Conditions(Florida)
SPECIAL CONTRACT CONDITIONS
JULY 1, 2019 VERSION
Table of Contents
0
SECTION 1. DEFINITION...........................................................................................................................2
SECTION 2. CONTRACT TERM AND TERMINATION.................................................................................2
SECTION 3. PAYMENT AND FEES.............................................................................................................3
0
SECTION 4. CONTRACT MANAGEMENT..................................................................................................4
SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6
0
SECTION 6. MISCELLANEOUS..................................................................................................................7
SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9
SECTION 8. PUBLIC RECORDS,TRADE SECRETS, DOCUMENT MANAGEMENT,AND INTELLECTUAL
PROPERTY..............................................................................................................................................10
SECTION 9. DATA SECURITY..................................................................................................................12
SECTION 10.GRATUITIES, LOBBYING,AND COMMUNICATIONS..........................................................13
SECTION 11.CONTRACT MONITORING. ...............................................................................................14
SECTION 12. CONTRACT AUDITS...........................................................................................................15
SECTION 13. BACKGROUND SCREENING AND SECURITY......................................................................16
SECTION 14.WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM....................................................17
0
U
U
In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included
herein by reference but is superseded in its entirety by these Special
Contract Conditions.
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Exhibit B-Special Contract Conditions(Florida)
SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida .2
Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
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The agency or eligible user that purchases commodities or contractual services pursuant c
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
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2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work. 0
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of the suspension. After receiving a
suspension notice, the Contractor must comply with the notice and will cease the
performance of the Contract or purchase order. Suspension of work will not entitle the
Contractor to any additional compensation. The Contractor will not resume performance _
of the Contract or purchase order until so authorized by the Department.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
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2.3.3 Termination for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may:
(a) immediately terminate the Contract;
(b) notify the Contractor of the noncompliance or default, require correction, and specify
the date by which the correction must be completed before the Contract is terminated; or
(c) take other action deemed appropriate by the Department.
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Exhibit B-Special Contract Conditions(Florida)
SECTION 3. PAYMENT AND FEES.
3.1 Pricing. _
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract: 0
3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery
of large single orders;
0
3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this o
Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing
offered under comparable contracts. Comparable contracts are those that are similar in
size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must o
annually submit an affidavit from the Contractor's authorized representative attesting that
the Contract complies with this clause.
3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed: (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices o
compared to then-authorized prices.
0
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain sufficient detail for an audit and contain the Contract Number and
the Contractor's Federal Employer Identification Number.
0
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract and, if applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. Purchase orders issued pursuant to
the Contract must be received by the Contractor no later than the close of business on
the last day of the Contract's term. The Contractor is required to accept timely purchase
orders specifying delivery schedules that extend beyond the Contract term even when
such extended delivery will occur after expiration of the Contract. Purchase orders shall
be valid through their specified term and performance by the Contractor, and all terms
and conditions of the Contract shall survive the termination or expiration of the Contract
and apply to the Contractor's performance. The duration of purchase orders for recurring
deliverables shall not exceed the expiration of the Contract by more than twelve months.
Any purchase order terms and conditions conflicting with these Special Contract
Conditions shall not become a part of the Contract.
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3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing and may be reimbursed only in accordance with section 112.061, F.S. o
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Exhibit B-Special Contract Conditions(Florida)
3.6 Annual Appropriation.
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess .2
of one fiscal year, the State of Florida's performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
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3.7 Transaction Fees. o
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. o
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be o
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer or Department unless authorized by
Florida law.
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3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
0
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer 2
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of all prior agreements between the Parties on this subject matter.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager in a manner identified by the Department.
4.3 Department's Contract Manager.
The Department's Contract Manager, who is primarily responsible for the Department's
oversight of the Contract, will be identified in a separate writing to the Contractor upon
Contract signing in the following format:
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Department's Contract Manager Name
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Department's Name
Department's Physical Address
Department's Telephone# _
Department's Email Address
If the Department changes the Contract Manager, the Department will notify the
Contractor. Such a change does not require an amendment to the Contract. c
4.4 Contractor's Contract Manager.
The Contractor's Contract Manager, who is primarily responsible for the Contractor's
oversight of the Contract performance, will be identified in a separate writing to the
Department upon Contract signing in the following format:
Contractor's Contract Manager Name
Contractor's Name c
Contractor's Physical Address
Contractor's Telephone#
Contractor's Email Address
If the Contractor changes its Contract Manager, the Contractor will notify the
Department. Such a change does not require an amendment to the Contract.
4.5 Diversity.
4.5.1 Office of Supplier Diversity.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at _
osdinfo@dms.myflorida.com.
4.5.2 Diversity Reporting.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
agency purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
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AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS =
DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about RESPECT and the commodities or contractual services it
offers is available at tts:Ilwww.resectofflorida.or . c
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at bl!pl://www.j2(ide-enterprises.org. 0
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the _
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran's status. The provisions of
subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference.
0
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives all privileges and
rights relating to venue it may have under Chapter 47, F.S., and all such venue
privileges and rights it may have under any other statute, rule, or case law, including, but
not limited to, those based on convenience. The Contractor hereby submits to venue in
the county chosen by the Department.
5.3 Department of State Registration.
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Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert
status, other than a sole proprietor, must provide the Department with conclusive
evidence of a certificate of status, not subject to qualification, if a Florida business entity, _
or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted, and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate c
who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor
List may not perform work as a contractor, supplier, subcontractor, or consultant under
the Contract. The Contractor must notify the Department if it or any of its suppliers,
subcontractors, or consultants have been placed on the Suspended Vendor List,
Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract.
5.5 Scrutinized Companies - Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to c
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its
duty to cooperate with the Inspector General in any investigation, audit, inspection,
review, or hearing. Upon request of the Inspector General or any other authorized State
official, the Contractor must provide any information the Inspector General deems
relevant to the Contractor's integrity or responsibility. Such information may include, but
will not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor will retain such
records for the longer of five years after the expiration of the Contract, or the period
required by the General Records Schedules maintained by the Florida Department of _
State, at the Department of State's Records Management website. The Contractor
agrees to reimburse the State of Florida for the reasonable costs of investigation
incurred by the Inspector General or other authorized State of Florida official for
investigations of the Contractor's compliance with the terms of this or any other
agreement between the Contractor and the State of Florida which results in the
suspension or debarment of the Contractor. Such costs will include but will not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. The Contractor agrees to impose the same obligations to
cooperate with the Inspector General and retain records on any subcontractors used to
provide goods or services under the Contract.
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that the Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
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Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the o
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
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6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the State of Florida and are not o
entitled to State of Florida benefits. The Department and Customer will not be bound by
any acts or conduct of the Contractor or its employees, agents, representatives, or
subcontractors. The Contractor agrees to include this provision in all its subcontracts
under the Contract.
6.4 Inspection and Acceptance of Commodities.
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6.4.1 Risk of Loss.
0
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier's bill of lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of
lading and damage inspection report.
0
6.4.2 Rejected Commodities.
When a Customer rejects a commodity, Contractor will remove the commodity from the
premises within ten (10) calendar days after notification of rejection, and the risk of loss
will remain with the Contractor. Commodities not removed by the Contractor within ten
(10) calendar days will be deemed abandoned by the Contractor, and the Customer will
have the right to dispose of such commodities. Contractor will reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected
commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in o
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
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6.7 Time is of the Essence.
Time is of the essence regarding every obligation of the Contractor under the Contract. _
Each obligation is deemed material, and a breach of any such obligation (including a
breach resulting from untimely performance) is a material breach.
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6.8 Waiver. c
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid. c
6.10 Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
governmental entities that are not Customers may make purchases under the terms and
conditions contained herein, if agreed to by Contractor. Such purchases are independent
of the Contract between the Department and the Contractor, and the Department is not a
party to these transactions. Agencies seeking to make purchases under this Contract
are required to follow the requirements of Rule 60A-1.045(5), F.A.C.
SECTION 7. LIABILITY AND INSURANCE.
7.1 Workers' Compensation Insurance.
The Contractor shall maintain workers' compensation insurance as required under the
Florida Workers' Compensation Law or the workers' compensation law of another
jurisdiction where applicable. The Contractor must require all subcontractors to similarly
provide workers' compensation insurance for all of the latter's employees. In the event
work is being performed by the Contractor under the Contract and any class of
employees performing the work is not protected under Workers' Compensation statutes,
the Contractor must provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of employees not otherwise
protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance, ca
including bodily injury, property damage, products, personal and advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from performance of the Contract or completed operations, whether by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance
must include the State of Florida as an additional insured for the entire length of the
resulting contract. The Contractor is responsible for determining the minimum limits of
liability necessary to provide reasonable financial protections to the Contractor and the
State of Florida under the resulting contract.
7.3 Florida Authorized Insurers.
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All insurance shall be with insurers authorized and eligible to transact the applicable line
of insurance business in the State of Florida. The Contractor shall provide
Certification(s) of Insurance evidencing that all appropriate coverage is in place and
showing the Department to be an additional insured.
7.4 Performance Bond.
Unless otherwise prohibited by law, the Department may require the Contractor to c
furnish, without additional cost to the Department, a performance bond or irrevocable
letter of credit or other form of security for the satisfactory performance of work
hereunder. The Department shall determine the type and amount of security.
7.5 Indemnification. °3
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Customer and the State of Florida, its officers, employees, and agents harmless
from all fines, claims, assessments, suits, judgments, or damages, including
consequential, special, indirect, and punitive damages, including court costs and
attorney's fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor's
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Customer. The Contract does not constitute a waiver of
sovereign immunity or consent by the Customer or the State of Florida or its subdivisions
to suit by third parties. Without limiting this indemnification, the Customer may provide
the Contractor (1) written notice of any action or threatened action, (2) the opportunity to
take over and settle or defend any such action at Contractor's sole expense, and (3)
assistance in defending the action at Contractor's sole expense. M
7.6 Limitation of Liability.
Unless otherwise specifically enumerated in the Contract or in the purchase order,
neither the Department nor the Customer shall be liable for special, indirect, punitive, or
consequential damages, including lost data or records (unless the Contract or purchase
order requires the Contractor to back-up data or records), even if the Department or
Customer has been advised that such damages are possible. Neither the Department
nor the Customer shall be liable for lost profits, lost revenue, or lost institutional
operating savings. The Department or Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT,
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
8.1.1 Termination of Contract. E
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The Department may terminate the Contract for refusal by the Contractor to comply with
this section by not allowing access to all public records, as defined in Chapter 119, F. S.,
made or received by the Contractor in conjunction with the Contract. _
8.1.2 Statutory Notice.
Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following c
applies:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL
ADDRESS, AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor
shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
Contract term and following the completion of the Contract if the Contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the Contract, the Contractor shall destroy any c
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8.2 Protection of Trade Secrets or Otherwise Confidential Information.
8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information.
If the Contractor considers any portion of materials to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
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responsible for responding to and resolving all claims for access to Contract-related
materials it has designated trade secret or otherwise confidential.
8.2.2 Public Records Requests.
If the Department receives a public records request for materials designated by the
Contractor as trade secret or otherwise confidential under Florida or federal law, the
Contractor will be responsible for taking the appropriate legal action in response to the o
request. If the Contractor fails to take appropriate and timely action to protect the
materials designated as trade secret or otherwise confidential, the Department will
provide the materials to the requester.
0
8.2.3 Indemnification Related to Confidentiality of Materials. o
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney's fees arising from or relating to its designation of
materials as trade secret or otherwise confidential.
0
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers, and documents that
were made in relation to this Contract. The Contractor must retain all documents related
to the Contract for five (5) years after expiration of the Contract or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State's Records Management website. o
8.4 Intellectual Property.
0
8.4.1 Ownership.
Unless specifically addressed otherwise in the Contract, the State of Florida shall be the
owner of all intellectual property rights to all property created or developed in connection
with the Contract.
0
8.4.2 Patentable Inventions or Discoveries.
Any inventions or discoveries developed in the course, or as a result, of services in
connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made through performance of the Contract, and
such inventions or discoveries will be referred to the Florida Department of State for a
determination on whether patent protection will be sought. The State of Florida will be
the sole owner of all patents resulting from any invention or discovery made through
performance of the Contract.
0
8.4.3 Copyrightable Works.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed through performance of the Contract are owned solely by the State
of Florida.
0
SECTION 9. DATA SECURITY.
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Exhibit B-Special Contract Conditions(Florida)
The Contractor will maintain the security of State of Florida data including, but not limited
to, maintaining a secure area around any displayed visible data and ensuring data is
stored and secured when not in use. The Contractor and subcontractors will not perform .2
any of the services from outside of the United States, and the Contractor will not allow
any State of Florida data to be sent by any medium, transmitted, or accessed outside the
United States due to Contractor's action or inaction. In the event of a security breach
involving State of Florida data, the Contractor shall give notice to the Customer and the c
Department within one business day. "Security breach" for purposes of this section will
refer to a confirmed event that compromises the confidentiality, integrity, or availability of
data. Once a data breach has been contained, the Contractor must provide the
Department with a post-incident report documenting all containment, eradication, and
recovery measures taken. The Department reserves the right in its sole discretion to
enlist a third party to audit Contractor's findings and produce an independent report, and
the Contractor will fully cooperate with the third party. The Contractor will also comply
with all HIPAA requirements and any other state and federal rules and regulations c
regarding security of information.
0
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer's or employee's decision, opinion, recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone anything of value for the benefit of, or at the direction or request of, any State of
Florida officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used
for the purpose of lobbying the Legislature, the judicial branch, or the Department.
Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from _
lobbying the executive or legislative branch concerning the scope of services,
performance, term, or compensation regarding the Contract after the Contract is
executed and during the Contract term.
10.3 Communications.
U
10.3.1 Contractor Communication or Disclosure.
The Contractor shall not make any public statements, press releases, publicity releases,
or other similar communications concerning the Contract or its subject matter or
otherwise disclose or permit to be disclosed any of the data or other information
obtained or furnished in compliance with the Contract, without first notifying the
Customer's Contract Manager and securing the Customer's prior written consent.
10.3.2 Use of Customer Statements.
The Contractor shall not use any statement attributable to the Customer or its
employees for the Contractor's promotions, press releases, publicity releases,
marketing, corporate communications, or other similar communications, without first
notifying the Customer's Contract Manager and securing the Customer's prior written
consent.
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Exhibit B-Special Contract Conditions(Florida)
SECTION 11. CONTRACT MONITORING. LN
cu
11.1 Performance Standards. _
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof. o
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
11.2.1 Proposal of Corrective Action Plan.
In addition to the processes set forth in the Contract (e.g., service level agreements), if o
the Department or Customer determines that there is a performance deficiency that
requires correction by the Contractor, then the Department or Customer will notify the
Contractor. The correction must be made within a time-frame specified by the o
Department or Customer. The Contractor must provide the Department or Customer with
a corrective action plan describing how the Contractor will address all performance
deficiencies identified by the Department or Customer.
11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure.
If the corrective action plan is unacceptable to the Department or Customer, or
implementation of the plan fails to remedy the performance deficiencies, the Department
or Customer will retain ten percent (10%) of the total invoice amount. The retainage will o
be withheld until the Contractor resolves the performance deficiencies. If the
performance deficiencies are resolved, the Contractor may invoice the Department or
Customer for the retained amount. If the Contractor fails to resolve the performance
deficiencies, the retained amount will be forfeited to compensate the Department or
Customer for the performance deficiencies.
11.3 Performance Delay.
0
11.3.1 Notification.
The Contractor will promptly notify the Department or Customer upon becoming aware
of any circumstances that may reasonably be expected to jeopardize the timely and
successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department's delay.
11.3.2 Liquidated Damages.
The Contractor acknowledges that delayed performance will damage the
DepartmentCustomer, but by their nature such damages are difficult to ascertain.
Accordingly, the liquidated damages provisions stated in the Contract documents will
apply. Liquidated damages are not intended to be a penalty and are solely intended to
compensate for damages. o
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
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The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay, and the delay is due directly to fire, explosion, earthquake, _
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor's reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor. c
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that created or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the c
Contractor's sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers and the
Department with respect to commodities or contractual services subjected to allocation,
or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the commodity or contractual _
services that are the subject of the delay, which purchases may be deducted from the
Contract quantity, or (3) terminate the Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
0
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor's and subcontractors' data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor's fees and claims for payment under the Contract, the Contractor's
agreements or contracts with subcontractors, partners, or agents of the Contractor,
pertaining to the Contract, may be inspected by the Department upon fifteen (15)
calendar days' notice, during normal working hours and in accordance with the
Contractor's facility access procedures where facility access is required. Release
statements from its subcontractors, partners, or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor's contracts relating to this Contract. The Inspector General, in accordance
with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor
General also have authority to perform audits and inspections.
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Exhibit B-Special Contract Conditions(Florida)
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance .2
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor's general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department, c
the State of Florida's Chief Financial Officer, or the Office of the Auditor General.
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department or Customer may require the Contractor to conduct background checks
of its employees, agents, representatives, and subcontractors as directed by the
Department or Customer. The cost of the background checks will be borne by the c
Contractor. The Department or Customer may require the Contractor to exclude the
Contractor's employees, agents, representatives, or subcontractors based on the
background check results. In addition, the Contractor must ensure that all persons have
a responsibility to self-report to the Contractor within three (3) calendar days any arrest
for any disqualifying offense. The Contractor must notify the Contract Manager within
twenty-four (24) hours of all details concerning any reported arrest. Upon the request of
the Department or Customer, the Contractor will re-screen any of its employees, agents,
representatives, and subcontractors during the term of the Contract.
13.2 E-Verify.
The Contractor must use the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired during the term of the
Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term. In order to implement this provision, the Contractor must provide a _
copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within
five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-
Verify System, it will do so within five (5) calendar days of notice of Contract award and
provide the Contract Manager a copy of its MOU within five (5) calendar days of
Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each
Contractor or subcontractor new hire, the Contractor must provide a statement within
five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify
case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court's determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes;
(b) Information technology crimes;
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(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds; _
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts; 0
Q) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records o
related to the commodities or contractual services provided pursuant to the Contract and
must comply with all state and federal laws, including, but not limited to sections
381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures
must be consistent with the most recent version of the Department security policies,
protocols, and procedures. The Contractor must also comply with any applicable
professional standards with respect to confidentiality of information.
SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM.
0
The Contractor warrants that, to the best of its knowledge, there is no pending or o
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently
on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List,
or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Department in writing if its ability to perform is
compromised in any manner during the term of the Contract.
0
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Draft Public Library Facilities Impact Fee Report
' for Monme County, Florida �
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Monroe County PUming commission
Monroe Cauuty, Flo
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By:
Freilich, Lehner, Carlisle & Short idge
1000 Plaza West �
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September 7, 1992 �
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s TABLE OIL CONTENTS
I. Introduction . . . . . . . . . . . . . ® , . . . . . . . . . m _ . . ,„ _ . . . , . , . . , , . . . ® I
CJ
Z: Backgm nd . . . , o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. Existing Facilities and Level of Service . . . . : 3
r B. Existing Fair Share Library Impact Fee and Recommended
Modifications : , . ® . . . . . . . . . . . ® . . . , ® . . . . , . e . . . ® _ ® . a , . . . . . B
3: Calculation Methodology . . . . . . . . . . . . . . . . ® . ® . . , m CD
13
I �•l5
LIST OF TABLES
i Tablc f Recommended Library Fad06 3usgact Fat . , . . . . . . . ® . . . ® ® , : , ® 7
Table 2dalbfvom County Librar, SYStem Lzvel of Service Analysis . . , . . . . . � �
Table 3 Library Facilities Level of Service An alias . . . . . . . . ® . . , . . . . . . . . G
Table 4 Library Collection Materials Level of Service Analysis . . . . ® . , . . . . 7 c
Table 5 l►�Iorrsoe Coun Libra S stern
t3' zY Y An,alysia of Future Needs . . . . ® . . . 10
Table 6 Comparison of Existing and Future Library Facilities
Requirements
Table 7 Comparison of Existing and Future Libre S ,
Materials . . , , , . . . . System Collection
rr
Library yat C liec .o
Tat le 8 Library Facilities Impact Fee Calculation .. �
. , . , ® . . . . . . . . . . . . . 14
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1. Intr�ductioa
Monroe County currently imposes a Fair-Share Library Impact Fee on new
residential development pursuant to Sec. 9.5-493 of the Monroe County Land
y Development Regulations(LDRs). Initially calculated in 1986, the existing Fair Share
.£
Library Impact Fee is based on 1986 cost data for library facilities and collection m
;" material items and the level of service provided by the County Library System in
1986, This Library Facilities,impact Fee Deport presentsan updated Library ldscilltles p
Impact Fee based ow (1) current 1992 cost data for the design and construction of
.F library facilities and the acquisition of collection material items such as books,films,
periodicals,audio materials and video cassettes;and (2) the level of service provided m
by library facilities and collection materials existing in August, 1992.
The updated Literary Facilities Impact Fee in this Report is calculated as os
follows:
Library Facilities Cost iCalleetian Mate uls Cast
Library Facilities Fee per Dwelling Urdt # per Dwelling Unit
a „ Where:
Library Facilities frost per Dwelling Unit is the cost of providing additional library
fay�lities at the level
of service provided by the existing Monroe County Public �
Library Systern in 1992. The 1992 level of service for library facilities is 0.5
®� square feet per capita(40.680,:gift. a tirtg library facility spade -- 79,396
existing County-wide resident population - 0.5 sg1t./capita)> �
Library Collection Materials Cost per Dwelling Unit is the cost of acquiring
additional collection materials at the level of service provided by the existing
1 4 Monroe County Public Library System in 1991 The 1992 level of service for
' collection Materials is 2.2 items/capita (1733 existing items 3 exs
tan�u . .. �,.
Based on the recommendations, data and calculations presented in Sections 2 and 3 0
r
of this Report, the recommended Library Facilities Itrspac# Fee is presented In Table 1. �
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Recommended Library Facilities impact Fee
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Land Use ftgitt Pmpoaed' U
Single Family $194 $242.00
Multifamily $190 $242.00
Mobile Rome $190 $242.00
NOTES
c
fly Th&imisting Fair share Library Impsa Fee.as atoten ly inipowd ptsatrant to See.9 3 of the It MK* '-
r >>, Cuto tv Land Det+eloptrtont Ragulatiotte.will contume to apply to all new reWdentsal tfevelopmeat for which a �
builtlltsg peratd appltration has been subutintti and tvhltdt p pis to im anco of a wit:of occupan w
withatttl expiration,I"or abandonment of any County permits or p"Mit applicatiout prior to the effet dw date
of the Ubraryi FacUities Impart Fea Revolution iltasoisrtion No. 194 1.
N
W The proposed Library Fatdlltai Satpact Fca pnmented In Table l will apply to all new Taidential
development for which a buildlolg poWt applicadit IS subntltlad on or after the effectiv*data of the Library �
Fadlltfas Empact Fes Resolution(Ravolution No._ 1p3if.
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A. ExWir.tg fjci ftt� end I evel ► f'ft icir
Z The Monroe County Public library System, which provides free library
services to all residents of the County, was olly established 1 . 1976 by C rigina ountti
5° U
Ordinance 24-1976 and was governed by an Admdrdstrative Library Board. In 1981
6
the Board of County Commissioners became the governing body pursuant to Coun U
01
Ordinance 6-1991, which repealed Ordinance No. 24-1976, The Board of County
the-, Commissioners appoints a five (:5] member library Advisory :Board which serves it
4 an advisory capacitor to the Board of County Cowiftissioners,County Admirustratoi
` and County librarian on all matters pertaining to the Monroe County Library
an System. �
a•
,
r Financial support for the Library System operations and budget requirement,
is obtained from, the Monroe County General Fund, State Aid and federal ,grants
disbursed through the State Library of Floridaat Tallahassee and the efforts of
4r Friends of the library groups within the County. In FAY 1991-92, the County r�
" provided g1,444,47 for the Library budget. State Aid totaled'$102,060,76 for the
,y same fiscal year. The amount of State AW vartes each year based on the amount of
0
available State furies and consideration of the amount of local fuiutancing provided b
the local government, population; and other factors: Eligibility for State Aid is base
F' on evaluation of the Library Systern s conformance with State stands and
k gfudelines inducing those related to administration,operation, location and numbe W
of books and periodicnls in the library collection. State Aid to the Monroe County
i
=' Library System over the past five years has varied from a low of'S63,679 in
FY 1988 to a high of S105 7 wz,
and is primarily budgeted for library system operational costs,no credit for State A �
is included in the revised Library Fadlitla,s Impact Fee,
2
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D -r-OR MSCUSSION ONLY 3
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The Mome County Library System,currently consist% of a headquarters �
Iibrery in Key Watit,branch librarians in Maratlwn, lslarnorada and. Key Largo,and g
bookmobile which operates between Key West and Big Pine Key, The Public Library
0
System is particularly important in Monroe County because the County spares a 125
mile distance from the mairdand and the closest large public libraries acre in Mfarni.
ca
The branch libraries are strategically located to provide service within a reasonable
distance for most County residents, while the traeln library in Key West serves the
most densely populated area of the County. All Monroe County libraries operate as
a unified,system to provide library and reference services vAth all libraries
participating in a significant C=ty-wide intrallbrary loan systerin for collection m
materials. In Fiscal Year I990.91. the County Library System provided the following
service's: circulation of 2,49,t)30 poems,intrabbrairy loans of items within the County
CD
i Library System. and responses to 78,875 reference queries. In addition, the libraries
provided space for 1,559 meanings of public bodies and, various groups. �
A's of August, 1992, the existing Monroe County Library Systern includes: ,
,684 square feet of library fdeillty space and a total of 174133 collection material
ttarnar (149,497 books,and 25,336 films,cassettes and video cassettes:). With an
U
existing County-wide resident population of 79.3% persons., the County has an
existing facility level of service of OS square feet per capita and an existing, collection
materials level of service of 7.7 items per capita (1.9 books per capita and .3 film,
periodicals, audio materials and video cassettes per Capita). Tables 2, 3 and 4 show
the existing,facilities and items, by district for the Lower,Middle and Upper 1Seys and �
i; for the entire County. The revised Library Facilities Impact Fee is calculated and
County area and within the Cities of Key West and Key Colony Beach, by virtue of
lnterlocal Agreements with the County. 2
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Table 2
Monroe County Liibrafy System Level of Service tmtlys s
" Lower Keys Middle i U�spear Kew County-
IKey West Library Keys lliFart aarada At Wide
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with Meet (M.arftEhtrat fey l.asgti ,
rapt faint) Lflsrary) Libraries)
_. .2
1992 Ctauat}rzwildo 43.202 12,824 23.370 79,396 { �
Resident tso ulation"'
Facility Space
045 94A.Tca ita LOS
CD
57i .RfisQ. t.
Eadstiang S,Ft 16,380 1300 16,800 40.6801
Required Stil.Ft. IL601 6.412 1105 3098 E
5111Q;, Surplus(13ellkiervey) 0=11 e.i18s 51115 982 0.
Defitiencv its 22A00 � $0 ��
r. f.. _ _.. ..
k Collection MaitrHals
° '—.2 item'stca�l��*' 9
526.33,1iteut
E.sd5 ing fleans 881188 311W 55,582 1741133 � as
R ui 11e 5. ?'g 13 51,414 174,671 -�
»,> Surplus(Refideticy) i68561 � ,ip �.if� 162. �
r3efi e. v Costs SO5180512 So
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(11 Cwunt-wide tterfmumat Rand'otenr Population in 1992 is used in detenatlnlrig ltbatrry system tequisionents ai the
aitidicatod level of sere im Tht unbw jpnrsaid County reoi nt populatiorn moilse a hug a vvataraltitu�rrr cr ut
That perdoty of the A da trseWeat populadon ancornpallihig Incorporated areas in MOM CftftW(odes ai �
a atrr Wadi,Key colony h am Layton)id bsaed ait l"6 t i� Coitsvta diitat and dt:e tzar reflste hvtrAeetNt �
r*var tfcaRt.t tavidtriltais, rrra c 1+�wnraaa iattaiy Year 3#11f7 Csunpruftsrasive AM:f]S Censtes i9iltl;f►tir�e
" i1) The level of Wrvice JED%ui 03 square featicapits frtr 11br+tay F&Cilitiee 1s based ran the eslsting faci611ttss prom er 0
e by the monroo County Pulik Library Svttahrt to IM and the existing Ca unity-wide permanent resident population urn 0)
,.Y+ 109L Sy adophrig this level of sere"the Courtly Library System bas no exlstlr" however,
a:dditin-nal:ilitraay farlihiss rnust be provided in tits future to rtvetrown the O's squatV tat:tfes"LCS as future �
f growth wth guts. U.
t3) An enlrnated average twit of S1001squore foot for libraxy ftewiltsm wad dsrefoped from acrtvat wet a+sti W
i librafir coristrilmort in Watrtaa County.
t
tea "rho level of service(LOS)of:2 items/capka its€rallaction maeaaials is based art rho a t
rtmrtd4d b tltp a -< atteweaF, "t3ttat��••w��lt perartttrettt rvdideatt
m,th Y adtaptirtg to
this level of service.the C'otutty Library Systetrt fuss no exittittg MIlectlon stdim als
deiWencles.however,Additional Collection muldrieis must be a r,4:droed In the fusups to roointain the 2.2 itotrisFcapita
Lf36 as iurtum gruwrir era.
0) An.ast:unated average cost at 626"33r'rtsrn for collecrron materials wa3 davv4oped fete rn,tlts.tl dent pritac data
Provided try the Munroe County Llttrary ciIrsxtor, The avera$s mat, reflocta acquisition of aA typo at tatflet en
materrAls,including but Aak iirnitcd to.rworance fmatertala,books.prrtiodicals,Audio C'&s rtes and compar.'t diets CL
` t"ovira and videos,
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The existing Fair Share library impact Fee, imposed pursuant to Sac. 9,5493 of
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the Monroe County Land Development Regulations, is based on 1986 cost data, the
level of services provided in 1986,and the establishment of three impact fee districts
(Louver Kelm, Middle Keys and tipper bays). The revised Ubrary Facilities Impact
Fee will be governed by the requirements and procedurev in Sec. 9.5•490 of the
Monroe County LDRs and the library Facilities Impact Fee Resolution (Resoluunn
No. _-I992). The following recomunended changes to the existing Fair Share
Library Fee are reflected in the proposed Ordlnarice, Hesolution and 1.4brary Facilities
1 Impact Fee Schedule: m
i
• Fee Schedule revised to reflect Current 1992 costs and
existing level of service standards.
Time of Collectian. Changed from issuance of certificate of
,Y occupancy to issuance of building permit to
facilitate County administration.
Individual Assessment of EfirrunAted for the Library Facilities Impact r"
f Impact Re as irtap priate under the
recommended caption rnethodology. All
residential dwelling a ts are assumed to
' generate cle nand for and to benefit from the U
provision of County library facilities at the
established levels of service.
Credits for Retained Adth modified evaluation criteria
' Construction/Dedication of and submittal requirements, LL
Improvements
j
• Impact Fee Districts tab one County-wide Library
Facilities Impact Fee District in rec Z tkon
� - ia ,
PrO
} unified library system,
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Expenditure Provisions Modified to provide greater spending
flexibility and administrative,ease while 0)
insuring compliance with legal standards,
* Refunding Provisions Modified to decrease adrni strative
difficulties and provide consistent
c
requiremenb for all impact fees.
q • Annual review Added requirement for annual,review in.
conjunction with County's budgeting and U
capital improvements programnUng process.
As shown in Table 2,Monroe County currently meets the existing LOS for
facilities (0.5 sq.ft.Pcapita)and collection materials (2.2 items/capita) on a County-
0
evade basis. The Lower Keys,area has an existing shortfall of 5,221 square feet of
p ' facilities space and 6,856 collection materials Items. because the revised Library
c
" Facilities Impact Fee is imposed and administered on a County-wide basin in
recognition of the integrated and system-wide services provided by the Courtty
a" Library System., these shortfalls are riot legally required to be tr'eeted as "deficiencies,, W
under current impact fee law. Therefore,.all future library facility and collection
materials expenditures are assumed to be,for the purpose of maintaining the
established level, of service standards as new development occurs. Tables 5,6 and 7
illustrate the future additional library facilities and collection materials needed to
Y maintain the established levels of service given the projected fuutwe resident
` population of Monroe County (population,projections used for the uniaucorporatoed 0.
0
County area reflect hurricane evacuation capacity constraints).
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Table 5
Mont?.rlie County Library ayatterttt Analysis of Future Needs
1992 1997 2002 �
County-wide Resident 79 3% ' 84,960 88,065
Po ulationta _
FadHty Spat
05 sq.ff.lcnpita LO,,,60
511itt W/9 ft.."tr
Krdating Space in 1992 40Ab80 40aC80 40,660
'Pale!Space Required for New Growth 0 781 4,335
CD
Collodion Mat"fats
2.21tems/apLt is
$26..33/item t
Existing Item 111 1992 174,833 174.833 ' 174,833 �
Dotal two Required for New Growth, 0 12.241 19,072
Cost of New Growth Items' 3(l S322,306 $502.166
Total New Growth Costs (1992-2002) $933,666 w
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(1) Crounty+Mdo Permtt-mi Rsrtttlatnt Pmpulaflon-is used In Ubtary systerrr requirements at the hitticettad tV
tevel of service, The innnuicaTfscsrsted tttnty rssdd4bt pdrpulatlon rntlle€ttt int><rr,bratne aVtscwttrtncraxt xa
patch of the Counlyw4die resident population R.F.,m tpussin rptaraned aw ig in,tvMoraw.Couhty(Cltfse of I(ey h
West,key Colony Reach and-Layton)is.based an 1990 V& alma and dci+rs not reflect hurrianne ovatnudon n
cctxtstralydts. Souc€ac Ma"Me Corirtty Year 2010 C'007: *"—&M Pkq;U,S,Ceara 99Cr;Price Waterhouse,
t R ,i
-, ( T1t€der€!of se-nice(Lt )of 13 square fsrsteapitg rttr ttrrmsry ft7slllties is bene ssi fapmddl
tacility do how
additSonal ilbrar+r fstcilttl most be Provided Inc t n By adispling thils level of servits.the County Library er drstat4nn stem hasfi wire FaeetJ a future
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(3) An estimstedl acwage cost of S1 DDllsquare foot for Library Isd il"m was dsnhloiawi from actual cost data for
library construction in witme County. g
(4) The level of service(1 OS)of 2.1 ttrtttslcapita for collection materiels is tra on the existing calk-ttinn cunt+dad
pmvided by the Martroe County Nbltc Library 3V31cM In 1992 end the axtct(M Count -tvttte pertnetnent resident
@ p rl n in 1942 By rd ttntS ultra level of sari scei tht Cu Library Sys4m hoc rnro existing cailwtiah materials �Y
dafisi clas.howevar.?rt€ilt1MW collection materials must be uirsd lin the fun to maintain the 2 3 lr tza ly
L335 as future grtavrtln trra
ss, "Am eot '1"M for cottwkm Materials watt developed from actual item price data
provided by the Monroe County Library Director, the averap cost roll"acquisition of all"a of coltection T'
metaialk g but not limited to inherence matenala,books,Period s,,ic& audio cassettes,and compact discs,
rns and cluein
£ i"q
(6) The coot of additional space and item mquired..is the aggrogate total,ihvi,the dal cost for the near MM
includes inn coo for 1997.
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' The revised Ubrary Facilities Impact Fee allocates to new residential
3. ,,.
development the pro rata share of the cost of providing facilities and collection
L' materials In the County Library Sv6tem to accommodate the dern:and for library
de facilities to be generated by new residential development at the existing level of
.� serviicu. The calculation wwthodology used tin det+rrrauna the Library Facilities Impact
fa Fee is based on the amount of library facility capacity and collection materials
"consumed" or used by new development and the average cost of providing library Ue
Fee, a
facilities and collection materials at the established level of service of 0.5 square feet
s
" of facilities space per capita and 2.2 collection materials items per capita. The basic
f caleWation formula ix
of..
Libmv Facilities Cost Collection 1M+Rakrials Cost
Ubrarfr Facilities Fee. per O well ng Unit + per Dwell&%unit
Where:
Library Facilities Cost per Dwelling unit is'the cost associated with providing
j. library facLUtiea space to rnaintaln,05 sqtaare feet;per caph a as CO
4 additional r#all,Iartl developmentoccurs. The establlAMd LOS of OZ
square feet per capita is based an the existing libraryy farilitles provided
'Orin the Library:System to the County- ^de residential population in 1"2.. ,
u Collertiort 14tateriahi w ort pier l w+relling Unit is tee cost aswdatted with .
. _ acquidag collection materials to maintain 2.2 items per capita as
additional residential development occurL The establl ed'L of 2 U
itmo per capita is based on the ea4sting collection=Aerlals provi4ed in
° a the U rare System to the Caulnty-wid,e residential population in 14�3.
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The detailed calculation methodology used for the revised Library Facilities Impact U.
Fee and the data used in the calculation is presented in Table 8, Library Facilities
Impact Fee Calculation.
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Table S
Library FacUitiea Impact Ftee CaIcWn ikon
H 9
VEESCJlIJMONt - IDATA OTES CALCULATIONS
step f< Caiatelate Facw0es Compacwnt of Lnnwy FrcW"ft tatpacs Fee
_ C
d W ards"i;!oval of swfi+a provided by f lwwm t`o"I ° 0.5 syJt.aCaplta Ca
Ltbeary System facMd"In iM(bawd to Pennant Ccunry- [rvAdsnt pop.)
.ride moldent iat",
lb, nownwe a a ii4rrtry Fadwo, at tP frzot, ' S
.IM.00/sq,ft. C
_ C
!c Calculate averar library factlikias'mot Per capha; a
Llbtre'l+Far Udn 1.08lcalpita x iraWlrlaa C"per 5g2t. ° 15C1. /cspita
i, f 4y
Ed Convert Mhwary faciltrim cost per capita to a kr1my facilliko caet C
t per dweW S urUt to vield kba RcWties Cornposens of tha Library
1, Fftwfln Impact Fey:
Ubrwy hcffiriae Coat per Capita
X h a+rop Persons per household
Step H- Calculato Collerrtton f fatertals Comportew of Lrwary Fa „iklt'x
tnt
t 116 DwwrrnWw exiwlali ke l of aervica provided by hilaruft County r 22 tams/capita
sit ctruldiaA mtateriala in,I (bawd rasa ponnaneft
i [ rerdant po C
l Ilb averageco. 6w,1tt rrtatarixts tiaat cot per iteot - ® 3illrlrrt
— -
1110 Cade amass Collection rtttlarlala rent Per capdta.
CoVadtian Werr`ala LOginplta x Coat per Item ' #57.431Capita ' U.
, .N
Iid Convert cobs(raterlsls cm per caplat to a collodion
rnatorials coot per dwelling unit to rreld the Collodion Materials
,„„ _.
SJ 1`JS1d►rtallirs�lrFtfl t i3W
Carllarxiort hutarrala Cost per Capita r
X Aware perm per, •Household r 2
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t8
yt FacillNn Component r CoUt—man Wl mdala Component �
Lib"fadlillaa I mIrW Fsa
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r 1. The Monroe County Library System currently provides a total of 40,680 square �
feet of facilities spate. ,according to the Monroe County Library [Director,
standards and guidelines for library services published by the Florida Library
Association present recommended library level of service standards in tern of o
resident population. WM a current Cot ty�w^ide permanent resident population U
a of 79,396 persons in 1992, the existing level of service is 0.5 square feet per capita T
f40, Sq.& i 79,396 County-wide resident population - t1,5 sq.ftdcapital, The
*4 Monroe County specific'library facilities and ci',irrent square footage are listed in
i' the following table.
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r
Ex t_n&Monroe Cpunt Library► Facilities
tins 1"2)
r as
Key West Library 16,380 sq.ft
Marathon Library 7,500 sq.ft.
lslarnorada Library 4,100 sq.ft,
Key Largo Library 12,000--sc�ft.
40,6130 sq.ft.
E24s� Level of Sgaice Library Facilities
04
LOS ■ Exlstin5 Fadiitiss + Eaiain`COsru"tde PVVV AdW1 Restdo"rarwiaNcn �
LOS. - 40AW sq.ft, + T*j%no-dJam Foyuiatlan
LOS r Oil I44LAFAPi% O
U
2. An average cost for library facilities of 51{?t1-W per square foot of,build.ing spate i3
based on the actual costs of the following library expansions/purchases: s
Key Largo Library S 77.04/sq ft.
(12,000 sq.ft. constructed by developer as part of comriterdal U-
development and purchased and furnished by County and
Friends of the Library for$027,457)
i
i Key 'West Library Expansion
' constructed and furnished.for U15,749)
g
S200.R1t1/sq/sq,ft.
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Average cost of constructing and furshinS library spice is �slOi4,nt
< <f
( .00/sq.ft. cost = 2 -$100.00/sq.ft.)
.,A 3. The library facilities cost per capita is calculated using the level of service
capita (County-wide resident population) and the,average cost per square o
3. construct Arid furnlah library far Jibes,. Based on a per capita LQS,af 0.,5 s
feett and an average library facilities.cast of$100 00 per square font, the a 46
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cost per capita Is 550,00(OZ s+q.ft,/capital X $100.00/sq=tt. = $50.00/cap
4. With an average.Library facilities cost pear capita of 0.00 and an average
persons per household in Monroe County (U.S. Census, 1990; Monroe Cot
4,. Year 2010 Comprehensive flan), the average cost of library facilities per d
urudt is$11100 per dwelling unit ($50.00 facilities cost per capita X 2.24 1
a9,
per household - 5112.00)..
5. The Monroe CountyLabrary System currently provides a total of 174,833 s=
.; collection material items in 1992. These collection materials include refere 0.
e -ral int! t books, periodicals,auc iolvais l cassettes and film{
bad,g p
". Compact Disco. Standards and guidelines for library services published tr 0 Florida tlbra r Association present recotnmended lgbrary level of service
�< standards,in, .terms o resident population according to the Motlroe Courie
° Library Director. With a current County-vride permanent resident popula W
,.. 79,396 persons in 1992, the existing bevel of service is 2.2 Items per capita
items - 79,396 County=wide resident popciatadcart = 22 items/capital.
i W
a Ex(stine Lgvgt of Service f r -vlie n Motertal3
LDS = Eldr+in$Catiacticw Mater aim a ExIwOng Caartr srid*Per:w ncai RReaident Paputati
LOS 171,lW ticros + 79,396 rrsiident papulatleas
¢_
Lam$. ® 2.3 eqAdssplla (..�
5. An average cost for collection materials,of$26.33 per:item is based:on an i
"r�F c}; Of current costs of the various types of collection material items weighted �
*, }, number of each type of item in the existing library system collection. �
t° e Current oldin sU-
Cost.P item_
' ; Books 149,198 $31 A7
Periodicals 299 $1.17.11
G k k t `Videos 22,870 $5734
�� �
pilrixa/'
Weighted Average Cast per item. r $26.33
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❑RAH e FOR DISCUSSION ONLY 17
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:. The collection rtvateriatis cost. per capita is calculated using the level of serv,ce per
capita ( ounty witde resident population) and the average acquisition cost per �
teen Based an a per capita LOS of Z2 Items and an average collection material
acquisition cost of$26.33 per itoenm,the average cast per capita is 557.93
(2-2 Items/capita x $26»33,Jlteza = $57.93/capita).
0
8. With,an average collection materials coast per capita of S57.93 and an avers. of
2.24 persons per household in MOnroe C n"(' „S. Ce:nsxts, 1990; Monroe Coun tv �
Yeas 2010 Comprehensive plan), the average coast of librmy facilities per dwelling' �
unit is S 9.76 per dwelling unit(SS7.93 facilities cost per capita X 2.24 persons e
per household ; $129,76).
9. The revised t_it?_rar1► 1Fac hies impact Fee is S242,.00 per dwelling unit
(5112. .Idu facilitits cyst +3129.76/du collection materials cost =5241.76 or
$212.00/du).
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T a RESOLUTION CF 7HE COUNTY OF E?JCI+ rIQE, :T_ORICA,
ESTABLISHING A SCHEDULE OF LIBRARY FACILITIES
-MP.ACT" FEES TO BE 114POSED ON NEW PE:SIDENTTA4 o
iViLOP ENT PURSUANT TQ ARTICLE X, !MPA,CT FEES c
OF THE M1 NROE k.Oi1NTY CODE TO ENSURE THAT �
LZBRM.Y FACILITIES WILL BE ADEQUATE TO ACCOM-
IMOVATE THE DEMAND GENERATED BY NEW RESIDENTIAL 0
DEVELOPMENT AT THE A.DOP'TY20 LEVEL OF SERVICE c
?-M TO ASSIGN THE COSTS OF LIBRARY FACILITTES
. PRO RATA T4] .NEW RESIDENTIAL DEVELOPMENT mN �
PROPOR71ISN To niE NEED'S GENERATED 5Y NEW
DEVELOPMENT.
u
tMER?E,AS, :Monroe County, Florida has experience
population growth during the1Bt7's vrhich has strained the c
' oaf existing Sources .of funds to provide library facilities E
the demands created by new residential development, and
r, WHEREAS, the Monroe -County Comprehensive ;Plan indica as
the growCh rate will continue aced place significant dent'
Countyto provide i brraxrr faCi3iCirs to support new re's �
development at the adopted levels of nervicQr and
OfWHEREAS, new residential development must be accompasupported lay adequate library €acilities in order to main� . adopted levels of library service; and �
�. WHEREAS. Monroe County provides library facilities
f troth residents of the unincorporated
��. � ��� '•; . . area and raadertta ram.
municipalities in the County; and
gs WHEREAS, due to the establishment of one library fa
impact -.ee district and limitations on the .appropriation of
facilities ,snpact fee funds. the fees have a "rattsnal n, tJ
and provide benefic to those residential development on w T_
a+g r fees are imposed; and 0
WHEREAS, by this Resolution, the Soard of Ceaunty !CQmmi.
at adopts a level of service standard rat 0,5 square feet at s �
capita for library facilities and 2.2 collection material i U.
i capita for the Monroe County Library System based on Cou �
resident population and
4
# WHEREAS, the adopters 'level of ser*ricer standard., „
a as .,Matti and
i
Ubtaty Zaosm. Toe stwoolut oa �
a e'r rat DIDEMalLaa Only
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WHEREAS, is the intent of the Board that. ':,v t:ne eatanlisn-
ment of librar, _-acirmties impact fees.. new resxdent4-ai development
in the County ..ill! pay Its pro rasa share of t:^.e librs-, �.aC®1iC.es
required to serve such .new devei,:i;: " :r ":' „-,:" .evel ek
serv- ce.' standards i and o
0
s WHEREAS, It 4-3 the Intent of the Soard 'ghat impae- o
fees be one
technique within an overall County growth management program to
implement the goals,. objectives and policies of the County.
Comprehensive Plan;. and
WHEREAS, t.ze Board has considered the matter of financing ❑c
library facilic=es, the need for which -s attributable eo new =
residential development and hereby finds and declares chat. an U0
impact fee imposed upon :em dencial development to finance library
facilities, the need for which is reasonably related to new
residential development, furthers the public health, safety and CD
welfare of Monroe County an€i its residents; and
WHEREAS. :he impact tiffs adopted pursuant to this Resolution0.
j are based upon the data and calculation mschadology incorporated in
the 'Library F aciliCies Impacc Fee Report for Monroe County, as
Florida* (September 1992) ® and
0
WHEREAS, the Hoard therefore deems it advisable to adopt the
Monroe County : .brary Facilities Impact Fee. as hereinafter: sac-
forth; NOW, .. EREFORE,
BE IT RESOLVED BY THE BOARD OF' COUNTY COMMISSIONERS OF XONROE �--
CCi MY', FLORIDA THAT;
The .following Library -acilitie4 Impact Fee Schedule small be
adopted and imposed on new residential development in the unincor-
porated area of rn,ne County and within the boundaries of participac- 0
ing municipalities:. 0
C Section 1 -ursuant to and. in accordance with. article X, Immpact. �
Fees of the Monroe County Code, the Libra 0
, Library Facilities impact Fees0.
to be imposed on new residential development shall be as set forth o
in the Library Facilities Impact Fee Schedule. attar-hod hareto and m
incorporated herein by reference,. o
'? Section 2. -nefinieiyns. For purposee of this Resolution, the �
following words and terms shall have the following meaning, unless 0.
another meaning is clearly intended:
Q"rr VOW Di egadi n Only
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"Adapted La-rel Gf Service, Collection taterials' means o
and refers to 2.7 collection material iceman per cmpira
based on ;::punt;'-,ride resident pQpulacron) .
(b) "Adopted Level oe Service, Library Faci'_atles" means and
refers to 0.5 square feet. of ' ibrary fac_:icy space per �
capita (based an County-wide resident population)
tci "Collection Materials" means and refers to amounts spent
or authorized to .be .spent in connection with the acquial-
t.ion of any and all materials for the benefis of patrons o
u of the Monroe County, Library System, including but noc .
Limited to books (reference, general interest or other U
cypW . periodicals, audiovisual materials (films, _
videos, cassettes. compact discs, records) and any other o
nserals acquired and held for patron use and reference.
id) "Deniand" ;Weans and refers to the incre^_menit of library
'acilities and/or collection materials chat new
residen-tial development consumes (Measured in dwelling units as
shown on the Library impact Fee Schadule, Attachment A to
ig this Resolution)
le? ",Mobile Dome Development" means and refers to the
development of a mobile home park as that terse is defined
in Sec. 9.5-4 '(K-14) 0
10 'Multifamily Developmen=" means and refers to the CD
development of a structure or structures containing two
ri?=- (2) or more dwelling units.
(g) 'Single-Family Development" means and refers to the
" development of a structure or structures containing only
one dwelling unit. '
b
W "Library Facilitims" means and refers to amounts spent or
authorized to be spent in connection with the acquisi-
Cion, palann2Yq, legal, fiac.aAl, s�deonom c. angitae•er�6�ig, Uo
administrative services. financings construction,
,` .. eQuipoh nu and development of library facilities to house
collectiQn materials, provide administrative space, and �
' any other functions of the Man,roe County Library System.
` ( Bookmobiles and other transportable faeilLtlesi or m
equipment used to provide library services to the .
z<esidentsof Monroa County are expressly included in the
j, U
" definition of ilibrary Facilities. cts
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section 3. t3cablis 1ment of 3 l Fac= . .tjG2 ' "17 UO
Rlatrict The Library Facilities Impact Fes ahai._ include
the unincorporated area of Monroe Co=t'y' and all, muny,c .,Paiities
within Monroe County participating in the Monroe County Library
Facilities Impact Fee System,
Section 4. talc atio2s Qf Isr220 Fee3.. The County shall
calculate the library facilities impact fee dine :.n accordance with
the procedure see forth in Sec, 9.5-490,3 (H) c the Monroe County w,; o
Land Development Regulations and pursuant- to the impact fee per
demnd unit as shown in chQ Librarcy facilities impact !see Schadule
(Attachment, "A') in effect at the time of building permit ;sauance.
Section S. Trjj r F"und tabjjsl3eA c
CJ
(a) 'There is hereby established a separa•t+e Library Facilities
Impact fee Trust Fund account for the Library Facilities
Impact Fee District..
(b) Funds withdrawn front this account muse bQ used solely in
accordance with. the provisions of 5ec. 9.5-490.4(B) and
s (C) of the Monroe County Land Development Regulations. m
4c) All library facilities impact fee funds shall be. utilized �
Eor library, facilities projects or collection. materiels
acquisition within the Monroe County Library Facilities �
Impact Fee District. '
section 5. liberal o�satruct'nn. The provisions of this _
Resolution shall be liberally construes to effectively carry out
its purposes in the i,ntoreat of public health, safety, welfare and ,,; o'
convenience. �
Section 7. Sgverability. Should any sentence, clause, part or
provision of this Resolution be de(.lared by a court ox, competent gr
jurisdiction to be invalid, the same shall not offecc the validity 0
of the Resolution as a whale, or any part thereof other than the ca
part declared to be invalid. U.
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Library impact F** "Solution U
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Section 8. _ ctiv _ Date. This Resolution shall take ezfes
PASSED AND ADOPT-ED by tha :oared of County Commissioners c
Monroe County, Florida, at a regular meeting of Said Board held cZE
o
the _ day of 1 A.D. . 1992.
�.:. Mayor Harvey
ym Mayor Pro ITem London
Qrass lsaloner Chem
a: Commissioner Jones
Commissioner Stormont
4
1; BOARD OF COUNTY COMMXSSIONERS OF �
MONROE COUNTY. FLORIDA
By-.MAYOR/CHAIRMM
(SEAL)
�Q7
'r ATTEST DANNY L. KOLHAGE, CLERK
By.-
DEPUTY CLERK
F
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LLbrluY T=Pa*s Poo Ravvlu:tion
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ATTACHMENT qA0 tB
!,IBRARY FACIL! :ZS IMPACT FEE SCHEDULE �
Single-family dwelling ►sni: $242.00 c
Multi-family dwelling un ¢ $242,00 f �
0
Mobile Hume 3242.00
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Ubrarr levant Voo Rosolu"m
MOAVT per DIAMUjaieaa rsaaj CL
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Packet P 248 g.
C ICN93-1
A RESOLUTION OF THE CC " 01NN M
FLORIDA, ESTABLISHING A SCHEDULE OF LIBRARY
FACILITIES IMPACT FEES TO BE IMPOSED ON N �
RESIDENTIAL, DEVELOPMENT PURSUANT
U TO ARTICLE
X, IMPACT FEES OF THE MONROE COUNTY CODE, TO c
ENSURE THAT LIBRARY FACILITIkS WILL BE
ADEQUATE TO, ACCOMMODATE THE DEMAND GENERATED
BY NEW RESIDENTIALDEVELOPMENT AT THE
ADOPTED LEVEL: OF SERVICE AND TO ASSIGN THE
COSTS OF LIBRARY FACILITIES PRO RATA. TO NEW
RESIDENTIAL DEVELOPMENT IN PROPORTION TO THE
NEEDS GENERATED BY NEW DEVELOPMENT.
m
WHEREAS, Monroe County, Floridahas experienced rap:
population growth during the 1980 Is which has strained the adequa
of existing sources of funds to provide library facilities to me Z
the demands created by new residential development; and
WHERF1AS, the Monroe County Comprehensive Man indicates t'.mi
the growth rate will continue and place significant demands on t'
County to provide library facilities to support new resident [
r
development at the adopted levels of service; and
WHEREAS, new residential development must be accompanied a. y
supported by adequate library facilities in order to maintain t
adopted levels of library service, and
WHEREAS, Monroe County provides library facilities servil
bogs residents of the unincorporated area and residents of tl ®
un.icipal i t ies in the County; and �
WHEREAS, Monroe County has an existing Fair Share Libras
Impact 'Fee (Section . -493 of the Monroe County Land Developmei COD
Regulation) adapted in 1986 which was calculated based on 1986 cc
data and the level of service provided by the County Library Syst,
in 1986, which was as follows:
faLl
3 64- n
�x � —
c
cast of $80. 00 per square foot; and �
(b) 1.758 collection material .items per capita based upon
average cost of approximately $24 per c ll ct c
material item, and
w
WHEREAS, Monroe County has collected and has expended li rai
impact fees from 1986 through 1992 pursuant to the existing Fa a 0)
Share Library Impact Fee; and
1
Packet Pg.249
NNTE EA , Monroe County recognizes that impact fees gust b
reviewed periodically to identify changes in levels of service
changes in costs, changes in the specific types of facilities f :
which impact fees are calculated and collected and technica 20
changes in fee calculations methodology; and �
WHEREAS, Monroe County has authorized a compreh{ensiv
analysis of the existing Fair Share Library Impact Fee for th
purpose of updating the fee; and
the analysis has been completed and is included .in, 0
Report titled "Library Facilities, Impact Fee Report for Konrc 0
County, Florida, " October 199 and
WHEREAS, the above-mentioned Report and the Impact Fe
Procedural Ordinance (Section 9. -490 of the Monroe Counter Lan '
Development Regulations) and the Library Facilities Impact Fe
Schedule Resolution have been reviewed by the Planning Commissio
in public workshops on the following dates
0
July 10, 199
July 22, 199
August 7 , 1992
August 12, 1992 W
September 2, i992
September 16 , 1992 and
0
�. WHEREAS, the above-mentioned Report, Ordinance and Resolutio
were reviewed by the Monroe County Development Review Committee c �
September 14 and 23 , 1992 and �
WHEREAS, the above-mentioned Report, Ordinance and. Resolutic
were reviewed by the planning Commission at a duly noticed publi
hearing held on October 1., 199 and
WHEREAS, after the close of the Public Hearing on Cctcber 1
1992, the Planning Commission made a recommendation to the Board o
County Commissioners to adopt the impact Fee Procedural °rdinarrc
and the Library Facilities impact Fee Schedule Resolution and '
WHEREAS,, the above-mentioned Report, Ordinance and Resolutio
and the Planning Commission' s recommendation were reviewed by h .
Board of County Comm issonv ,. �. �. -w
i .,, , an October 1 1992, at whit ow
,
public comments were received and considered; and W
WHEREAS, the Board finds that due to the establishment of on
library facilities impact fee district and limitations on th
appropriation of library fadili.ties impact fee funds, the fees hav
a "rational, nexus" to and provide benefit to those res.identi a
developments on which the fees are imposed.- and �
2
Packet Pg.250
0
WHEREAS, by this Resolution, the Board. of Count
Commissioners adopts a level of service standard of 0 square fee
of space per capita for library facilities and 2 .2 collectirc.
material items per capita for the Monroe County Library Systel
based on County-wide resident population; and
WHEREAS, the Board, finds that the adopted level of se is
standards are applicable to existing and new residential develop
went; and
WHEREAS, it is the intent of the Board that, by the establish
ment of library facilities impact fees, new residential developmen
in the County will, pay its pro rata share of the library facilitie
required to serve such new, development at the adopted level o °
service standards; and
WHEREAS, it is the intent of the Hoard that impact fees b� Q
one technique within an overall County growth management programt,
implement the goals, objectives and policies of the Count
Comprehensive Plan* and. �
WHEREAS, the Board has considered the matter of financing o W
library facilities, the need for which is attributable to ne,
residenti.a,l development and hereby finds and declares that ai
impact fee imposed upon residential development to finance librar;
facilities, the need for which is reasonably related to ne!
residential development, furthers the public health, safety an W
welfare of Monroe county and .its residents, and �
WHEREAS, the impact fees adopted pursuant to this esolutio; .
are based upon the data and calculation methodology incorporated ii
the "Library Facilities Impact Fee Report for Monroe County
Florida" (October 1 9 ; and LN
WHEREAS, the Board therefore finds and deems it advisable t°
adopt the .Monroe County Library Facilities impact Fee, a cV
hereinafter setforth,- NOW, THEREFORE,
BE IT, RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
c
COUNTY, FLORIDA T:
6
The following Libra Facilities act Fee Schedule shall b 0
adopted and imposed on new residential development in th+
unincorporated area of the County and within, the boundaries o. '7
participatingmunicipalities-.
,
Section 1 . Pursuant to and in accordance with Article X, impac,
fees of the Monroe County Code, the Library Facilities impact Fee;
to be imposed on new residential development shall be as set fort] �
3
Packet Pg.251
0
equipment used to provide library services to r-
res
idents of Monroe County are expressly included in t:®
definition of. Library Facilities.
Section 3 . -
r ct . The Library Facilities impact Fee District sha-
include the unincorporated area of Monroe County and a'
municipalities within Monroe County participating in the Mon.rc
County Library Facilities Impact Fee System.
Section 4 . l o fLwar.t Fee.. The County shall cal cola t ca
the library facilities impact fee due in accordance with yy
procedure set f orth in Sec. 9 .5-49 0 .3 (B) of the Monroe County ; ar.
Development Regulations and pursuant to the impact fee per dern-s.r: .
unit as shown in the Library Facilities Impact. Fee Schedul �
(Attachment "A") in effect at the time of building permit issuance.
Section S n s a fished
0
(a) There is hereby established a separate Libras
Facilities impact Fee Trust Fund account for the Libras
Facilities impact Fee District.
(bFunds withdrawn from this account must be used solely i 6
accordance with the provisions of Sec. 9 . -444 .4 (3) ar.
C) of the Monroe County Land Development Regulations .
(c) All library facilities impact fee funds shall f y
utilized for library facilities projects or roll ctic
materials acquisition within the Monroe County Librazu-
Facilities Impact Fee district .
Section 6 . Liberal The provisions of thi
Resolution shall be liberally construed to effectively carry ou
its purposes in the interest of public health, safety, welfare a,r:
convenience.
N
Section 7. rab Y Should any sentence, clause, pant c 7
provision of this Resolution be declaredby a court of competer.
jurisdiction to be invalid, the saxne shall not affect . the validi
of the Resolution as a whole, or any part thereof other -
part declared to b
,
Packet Pg.252
0
Section 8 . Effect ve Cate. This Resolution shall tecc.
effective concurrent with, but not before, the effective date
the Impact Fee Procedural Ordinance Text Amendment .
The Clerk of the Court is hereby directed to send a certi
copy of this Resolution to the Florida Department of Co uni
Affairs.
PASSED AND ADOPTED by the Board of County Commissioners cr
6
U
Monroe County, Florida, at a regular meeting of said Board held
on the 1 th day of October, .. . , 1992 .
Mayor Harvey Y e �
Mayor Pro Tem London No
Commissioner Cheal Yes 0
Commissioner Jones 00T
Commissioner Stormont e
OF COUNTY COMMISSIONERS C
MC,, OE COUNTY, FLORIDA
By:
U-
MAYOR/CHAIRMAN
(SEAL)
ATTEST. DANNY L. KOLHAGE, CLERK
By-
B c44
DEP CLERK
r9
liJV� VIL
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Packet Pg.253
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ATTACHMENT " �
LIBRARY FACILITIES IMPACT FEE SCHEDULE
-we ink
Single-family dwelling unit $242. 0
0
Multi-family dwelling unit $242 . 00
Mobile Home $242 . O
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Packet Pg.254