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    173 views61 pages

    A 112321

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    A 112321

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    © All Rights Reserved
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    BOARD OF COUNTY COMMISSIONERS GULF COUNTY, FLORIDA AGENDA NOVEMBER 23, 2021 TIME / PAGE NO. 1, Meeting Called to Order : 9:00 a.m, 2. Pledge and Invocation 3. Consent Agenda 1-54 4. County Staff Business 5. Board Business 6. CareerSource Gulf Coast — Amended By-Laws & Interlocal Agreement 55 7. Public Hearing - Proposed Right-of-Way Abandonment on Tropical Avenue 56 8. Quasi-Judicial Hearing — Review & Consideration of P.D.R.B. Applications 57-58 - Variance - Emerging Florida Income Opportunity Fund * Parcel ID #06269-07 1R * Section 18, Township 9 South, Range 11 West - Variance — Philip Filippou & Carole Chupak * Parcel ID #06318-030R * Section 23, Township 9 South, Range 11 West - Small Scale Map Amendment - Rish Family Market, LLC * Parcel ID #06076-004R * Section 13, Township 8 South, Range 11 West 9. Administrative Report & Update 10. Public Comment F.S. 286.0105: If a person decides to appeal any decision made by the board, agency, or commission, with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 6. CONSENT AGENDA November 23, 2021 Approval of Checks & Warrants for October 2021 which are incorporated herein by reference, pursuant to Chapter 136.06 F.S. Minutes - September 27, 2021 — Final Budget Hearing Agreement — FL Department of Corrections (Inmate Transportation * A5037) — FL Department of Transportation (Supplemental #2 * Eastern Shipbuilding Port Project * GOT15) Appointment — Planning Development Review Board (Jimmy Rogers * Replacing Douglas Birmingham) Budget Amendment #10 — Public Works Fund (Amend the FY2020-21 Budget for Public Works Fund for Line Item Adjustments for Approved Expenditures) #11 - St. Joseph Fire Control District Fund (Amend the FY2020-21 Budget for St. Joseph Fire Control District Fund for Line Item Adjustments for Approved Expenditures) #12 — Tupelo Fire Control District Fund (Amend the FY2020-21 Budget for Tupelo Fire Control District Fund for Line Item Adjustments for Approved Expenditures) #13 — EMS Grant Fund (Amend the FY2020-21 Budget for EMS Grant Fund for Line Item Adjustments for Approved Expenditures) #14 — Beach Restoration Project Fund (Amend the FY2020-21 Budget for Beach Restoration Project Fund for Line Item Adjustments for Approved Expenditures) #15 — E911 Fund (Amend the FY2020-21 Budget for E911 Fund for Line Item Adjustments for Approved Expenditures) #16 — TDC Fund (Amend the FY2020-21 Budget for TDC Fund for Line Item Adjustments for Approved Expenditures) #17 — HHRP Fund (Amend the FY2020-21 Budget for HHRP Fund for Line Item Adjustments for Approved Expenditures) Grant — Agreement (Division of Emergency Management * Hazard Mitigation Grant Program * Design Safe Room * H0725 * $159,625.00) * Advertise to Receive Sealed Bids, if needed) : — Application (F.E.M.A. * Assistance to Firefighters Grant * Purchase Battery Operated Jaws of Life * South Gulf Fire Department * Request to Purchase through GSA or Cooperative Agreement, if possible) 15 6-13 14-16 7 18-19 20 24 22 23 24 25 26 27 28 — Award (FL Department of Health * E.M.S. County Grant * E.M.S. Training * C0023 * $3,521.00) : 29-30 7. H.H.R.P. - Request to move Kristen Brown from Low Income Category to Moderate Income Category : : 31 8. Inventory — Gulf Co Sheriff's Office (Asset Transfer to Gulf Co Detention Facility/ Jail * 2014 Ford Taurus * VIN #1FAHP2MK9EG 148609) 32 — Tourist Development Council (Asset Disposal * Asset #230-63 * 2003 Ford F150 * VIN #1FTRX18L63NB76727 * Asset #230-65 * 2003 Chevrolet K1500 4x4 White * VIN #1GCEK14V63Z318832) : No Serial # Provided) 33-34 9. Resolution - Amending FY2020-21 Budget (Unanticipated Revenues in the General Fund) . 35-39 — Amending FY2020-21 Budget (Unanticipated Revenues in the SHIP/ LHAP Grant Fund) . 40) — Amending FY2020-21 Budget (Unanticipated Revenues in the General Grants Fund) . : a — Amending FY2020-21 Budget (Unanticipated Revenues in the BP & Restore Act Fund) 42 — Amending FY2020-21 Budget (Unanticipated Revenues in the County Development Fund) 43 — Amending FY2020-21 Budget (Unanticipated Revenues in the Wireless 911 Grant Fund) 44 — Amending FY2020-21 Budget (Unanticipated Revenues in the Disaster Fund) 45-46 — Amending FY2020-21 Budget (Unanticipated Revenues in the General Parks & Recreation Fund) 47-48 — Amending FY2020-21 Budget (Unanticipated Revenues in the Capital Projects Fund) 49 — Amending FY2020-21 Budget (Unanticipated Revenues in the Construction & Acquisition Fund) 50 — Amending FY2020-21 Budget (Increased Receipts in the Gulf County Golf Club Fund). 51 — Amending FY2020-21 Budget (Increased Receipts in the Gulf County Solid Waste Fund) 52 — Amending FY2020-21 Budget (Increase Receipts in the Gulf County Water System Fund) - 53-54 SEPTEMBER 27, 2021 FINAL BUDGET HEARING PORT ST. JOE, FLORIDA The Gulf County Board of County Commissioners met this date in special session with the following members present: Chairman Sandy Quinn, Jr., Vice Chairman Phil McCroan, and Commissioners David C. Rich, Ward McDaniel, and Patrick Ferrell Others present were: County Attomey Jeremy Novak, Clerk Rebecca L. Norris, Director of Finance & Management Director Amy Ludiam, Deputy Clerk Leanna Roberts, County Administrator Michael L. Hammond, County Assistant Administrator Clay Smallwood, Ill, Deputy Administrator Kari Summers, Gulf County E.M.S. Director Jody Daniels, Grant Administrator Kaci Rhodes, Office of Management & Budget Director Sherry Herring, Mosquito Control Director Austin Horton, Public Works Director Mark Cothran, Assistant Public Works Director Raymond Hart, and Sheriff Mike Harrison. Chairman Quinn called the meeting to order at §:02 p.m., E.T. Chairman Quinn then led in the Pledge of Allegiance to the Flag 2021-22 BUDGET OVERVIEW ‘OMB Director Herring stated the following regarding the 2021-22 Budget: 1. The tentative aggregate millage rate is 7.1929, which is 5.32% above the current year aggregate roll- back rate of 6.8293; 2. The tentative aggregate millage rate includes the following millage rates: Countywide at 6.28 mills and 0.5000 mills for each Dependent Fire District; 3. the tentative M.S.T.U. voted debt service millage rates are: a. Gulfside Beachfront at 0.8537; b. Gulfside Interior at 0.765 and, c, Bayside at 0.7115. She reported that these stated millage rates are the maximum the Board may adopt, and compliance requirements will be measured with a vote of each adoption; therefore, there will be a roll call vote. OMB Director Herring stated some of the reasons for the increases are, as follows: 1. changes with the Sheriff's Office; 2. FRS retirement cost; 3. health insurance cost; 4. pay raises, 5. capital outlay; 6. IT Department; 7. Building & Planning Departments, and 8. E.M.S. services. She reported that each member of the Board has been provided a copy of the adopted tentative budget book and it was posted on the County's website as required for this Public Hearing. OMB Director Herring stated the insurance settlement funds from Hurricane Michael are being carried forward and reserved until the expenditures on those projects are decided. She reported the County continues to work on our growth and stability of reserves for credit worthiness for current and any future bond issues; in addition, noting the County must continue to cash flow the anticipated reimbursements for insurance deductible and improvements that are not covered by F.E.MA. or insurance. OMB Director Herring reported that this Hearing has been advertised in the newspaper as required and the budget book is posted on the County's website. County Administrator Hammond discussed the State requirement regarding the advertisement 2 with a rate above the roll back rate, OMB Director Herring discussed the TRIM manual that the County must follow, including the ad requirements. Commissioner McCroan discussed receiving an email regarding the T.D.C. money, requesting OMB Director Herring to discuss Salians Park Project and the use of the T.D.C. percentages. County Administrator Hammond stated the County set aside $112,000.00 match money for the trails (at Salinas Park) and F.R.D.A.P. projects. OMB Director Herring discussed the three buckets of T,D.C. money: 1. beach renourishment funding; 2. regular T.D.C. promotional funding, and 3. parks and recreational funding; stating that money cannot be moved from one bucket to the other and each bucket has their own revenues, reserves, cash carry forward projections, and expenditures. She reported that the beach renourishment funding is fully committed for the foreseeable future for current bond issues, but also for environmental monitoring and requirements such as DEP permits and other biological requirements. County Administrator Hammond discussed reaching out to the County's Legislator’s to sponsor a local bill, like Walton County, to begin using a percentage for law enforcement, E.M.S. services, and fire. Discussion followed. OMB Director Herring requested the following non-ad valorem adjustments to be made as part of this final budget: 1. increase of $9,000.00 in Fund 001 for the Sheriff's Office law enforcement services contract with the Schoo! Board; 2. decrease of $648,100 in Fund 121 affecting Cash Carry Forward and expenditures; 3. line item adjustments for all funds to correct object codes and descriptions for expenditures; and 4. line item adjustments in Fund 001 to adjust reserves and expenditures to account for final adjustment. Chairman Quinn called for a motion to allow OMB Director Herring to make these adjustments. Commissioner McDaniel made the motion. Commissioner Farrell seconded the motion. After discussion, Chairman Quinn called for public comment. There being no public comment, the motion passed unanimously. Chairman Quinn then opened the Public Hearing to the public for comment. There being no public comment, Chairman Quinn then closed the Public Hearing to the public. County Administrator Hammond discussed the past three (3) year's budget, stating the County was able to cut taxes this year. OMB Director Herring provided a millage rate recap; reporting that the Countywide General Fund millage is 6.8 and the Aggregate millage rate is at 7.1929, which is greater than the roll back rate of 6.8293 by 5.32% RESOLUTIO! FINAL COUNTYWIDE MILLAGE RATE OMB Director Herring read the proposed resolution regarding the adoption of the final countywide millage rate for the Board to consider. Chairman Quinn callled for a motion to adopt this Resolution. Commissioner McDaniel so moved. Commissioner Farrell seconded the motion. Chairman Quinn called for public comment. There being no public comment, the motion passed with five (5) Commissioners voting yes and zero (0) Commissioners voting no, as follows RESOLUTION NO. 2021-28 A RESOLUTION F THE BOARD OF COUNTY COMMISSIONERS OF GULF COUNTY, FLORID, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR GULF COUNTY FOR FISCAL YEAR 2021-22; PROVIDING FOR AN EFFECTIVE DATE *Complete Resolution on file with Clerk” (End) RESOLUTION — FINAL COUNTYWIDE BUDGET Following the reading of the proposed final countywide budget resolution by OMB Director Herring, Chairman Quinn called for a motion to adopt the final Budget. Commissioner Rich so moved. Commissioner McCroan seconded the motion. Chairman Quinn called for public comment. There being no public comment, the motion passed with five (5) Commissioners voting yes and zero (0) Commissioners voting no, as follows: RESOLUTION NO. 2021-29 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GULF COUNTY, FLORIDA, ADOPTING THE FINAL BUDGET FOR GULF COUNTY FOR FISCAL YEAR 2021-22; PROVIDING FOR AN EFFECTIVE DATE *Complete Resolution on file with Clerk* (End) RESOLUTION ~ DEPENDENT FIRE CONTROL DISTRICTS FINAL MILLAGE RATES OMB Director Herring then read the proposed resolution for the Board to consider adopting the Dependent Special Fire Control District Final Millage Rates. Chairman Quinn called for a motion to adopt the Final Millage Rates for the Dependent Fire Control Districts. Commissioner McCroan so moved. Commissioner Farrell seconded the motion. Chairman Quinn called for public comment. There being no public comment, the motion passed with five (5) Commissioners voting yes and zero (0) Commissioners voting no, as follows: RESOLUTION NO. 2021-30 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GULF COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR DEPENDENT SPECIAL FIRE CONTROL DISTRICTS FOR FISCAL YEAR 2021-22; PROVIDING FOR AN EFFECTIVE DATE “Complete Resolution on file with Clerk* (End) RESOLUTION — DEPENDENT FIRE CONTROL DISTRICTS FINAL BUDGET Following reading the proposed resolution for the Board to consider by OMB Director Herring, Chairman Quinn called for a motion to adopt the final Budget for the Dependent Fire Control Districts. Commissioner Farrell so moved. Commissioner McCroan seconded the motion. Chairman Quinn called for public comment. There being no public comment, 4 the motion passed with five (5) Commissioners voting yes and zero (0) Commissioners voting no, as follows: RESOLUTION NO. 2021-31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GULF COUNTY, FLORIDA, ADOPTING THE FINAL BUDGET FOR DEPENDENT SPECIAL FIRE CONTROL DISTRICTS FOR FISCAL YEAR 2021-22; PROVIDING FOR AN EFFECTIVE DATE “Complete Resolution on file with Clerk* (End) RESOLUTION - FINAL VOTED DEBT SERVICES M.S.T.U. MILLAGE RATES OMB Director Herring read the proposed final voted debt service M.S.T.U. millage rate resolution for Board to consider. Chairman Quinn called for a motion to adopt the Final Millage M.S.T.U. Voted Debt Service. Commissioner McDaniel so moved. Commissioner Farrell seconded the motion. Chairman Quinn called for public comment. There being no public comment, the motion passed with five (5) Commissioners voting yes and zero (0) Commissioners voting no, as follows: RESOLUTION NO. 2021-32 A RESOLUTION OF THE BOARD FO COUNTY COMMISSIONERS FO. GULF COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR VOTED DEBT SERVICE IN THE MUNICIPAL SERVICE TAXING UNITS FOR FISCAL YEAR 2021-22; PROVIDING FOR AN EFFECTIVE DATE *Complete Resolution on file with Clerk” (End) RESOLUTION AL VOTED DEBT SERVICE M. BUDGET Following the reading of the proposed final voted debt services M.S.T.U. budget resolution by OMB Director Herring for the Board to consider, Chairman Quinn called for a motion to adopt the Final Budget M.S.T.U. Voted Debt Service. Commissioner McCroan so moved. Commissioner Rich seconded the motion. Chairman Quinn called for public comment. There being no public comment, the motion passed with five (5) Commissioners voting yes and zero (0) Commissioners voting no, as follows: RESOLUTION NO. 2021-33 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GULF COUNTY, FLORIDA, ADOPTING THE FINAL BUDGET FOR VOTED DEBT SERVICE IN THE MUNICIPAL SERVICE TAXING UNITS FOR FISCAL YEAR 2021-22; PROVIDING FOR AN EFFECTIVE DATE. *Complete Resolution on file with Clerk* (End) CONSTRUCTION SCHEDULE — COUNTY ROAD 386 & U.S. HIGHWAY 71 Assistant County Administrator Smallwood reported that the contractor (Roberts & Roberts, Inc. * Bid #1920-43) will be working throughout the night at the intersection of Doc Whitfield Road (County Road 387) and U.S. Highway 71 installing a headwall, as traffic will be opened to one lane; requesting the public to be careful in this area There being no further business, and upon motion by Commissioner McDaniel, second by Commissioner Farrell, and unanimous vote, the meeting did then adjoum at §:34 p.m., ET. SANDY QUINN, JR. CHAIRMAN ATTEST: REBECCA L. NORRIS CLERK OF COURT 6 AGREEMENT #45037 MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND GULF COUNTY, BOARD OF COUNTY COMMISSIONERS This Memorandum of Agreement (“Agreement”) is between the Florida Department of Corrections (“Department”) and the Gulf County, Board of County Commissioners (“Agency”), which are the parties hereto, WITNESSETH WHEREAS, the Department is responsible for the inmates and for the operation of, and supervisory and protective care, custody, and control of, all buildings, grounds, property, and matters connected with the correctional system in accordance with Section 945.04, Florida Statutes (F.S.); WHEREAS, in compliance with the National Prison Rape Elimination Act (PREA), Federal Rule 28 Code of Federal Regulations (CFR) Part 115, the Department will be separating inmates ages 17 and under from older inmates; and WHEREAS, this Agreement ensures that the Agency will transport inmates to the nearest Department- managed Reception Center thereby, reducing travel time and cost to each county. NOW THEREFORE, subject to controlling law, rules, regulations, or to other governing policies and procedures, and in consideration of the mutual promises expressed herein, the parties agree as follows: AGREEMENT TERM AND RENEWAL A. Agreement Term This Agreement shall begin on January 17, 2022, or the date it is signed by both parties, whichever is later, and shall end on January 16, 2027. In the event this Agreement is signed by the parties on different dates, the latter date shall control B. Agreement Renewal ‘The Department has the option to renew this Agreement, in whole or in part, for up to an additional five (5) years beyond the initial term upon written agreement of both parties, and upon the same terms and conditions contained herein. Exercise of a renewal option is, at the Department's exclusive option and shall be conditioned, at minimum, upon the Agency's performance of the Agreement. The Department, if it desires to exercise its renewal option, will provide written notice to the Agency no later than 30 calendar day's prior to the Agreement’s expiration date SaTethehug es Page 1 of 8 0. mL. Iv. AGREEMENT #45037 SCOPE OF AGREEMENT ‘The purpose of this Agreement is to establish the general conditions and joint processes to ensure that the Agency will be transporting their inmates to the nearest Department-managed Reception Center, reducing time and cost to the county. COUNTY DESIGNATION TO RECEPTION C1 R In order to minimize the driving distance for the Agency and ensure parity in the number of inmates, being processed through the Department's Institution, the Agency shall deliver inmates committed by order of the court to the Department as follows: Group A Male inmates shall be transported to the Northwest Florida Reception Center. Group B Female inmates shall be transported to the Plorida Women’s Reception Center (Ocala, Florida). Pregnant inmates are to be transported on Mondays by 9:00 a.m. Group ‘Male death row inmates shall be transported to the Reception and Medical Center, and female death row inmates to the Florida Women’s Reception Center. Group D All male inmates that are 17 years of age or under shall be transported to Suwannee Correctional Institution to arrive on Wednesdays no later than 9:00 a.m, Group E All female inmates that are 17 years of age or under shall be transported to Florida Women’s Reception Center to arrive on Mondays no later than 9:00 a.m. Group F All male inmates, age 18 and over, who are legally blind, totally blind, have a moderately severe hearing impairment, a severe hearing impairment, or are profoundly deaf shall be processed at Reception and Medical Center. FINANCIAL OBLIGATIONS The parties acknowledge that this Agreement does not create financial obligations between the Parties. If costs are incurred as a result of either, or both of the parties performing their duties or responsibilities under this Agreement, each party agrees to be responsible for their own costs. AGREEMENT MANAGEMENT A. Department's Agreement Administrator ‘The Agreement Administrator is responsible for maintaining the official Agreement file, drafting and processing all amendments, terminating the Agreement, and maintaining records of all formal correspondence between the parties regarding administration of this Agreement, The title, address, and telephone number of the Agreement Administrator are: Contract Administrator Bureau of Procurement Florida Department of Corrections Page 2 of 8 7 VL. vu. vu. AGREEMENT #450378 501 South Calhoun Street, Suite 328 Tallahassee, Florida 32399-2500 Telephone: (850) 717-9773, Fax: (850) 488-7189 B. Agreement Managers The parties have identified the following individuals as Agreement Managers. These individuals are responsible for enforcing performance of the Agreement terms and conditions and shall serve as liaison regarding issues arising out of this Agreement. FOR THE DEPARTMENT: FOR THE AGENCY Vicki Newsome, Bureau Chief Sandy Quinn, Chairman Bureau of Population Management Gulf County, Board of County Commissioners 501 South Calhoun Street 1000 Cecil G. Costin, Sr. Blvd. Tallahassee, Florida 32399 Port St. Joe, Florida 32456 ‘Telephone: (850) 717-3529 Telephone: (850) 229-6106 Email: VickiNewsome@fde.myflorida.com Email: BOCC@gulfcounty-fl.gov REVIEW AND MODIFICATION Upon request of either party, both parties will review this Agreement in order to determine whether its terms and conditions are still appropriate. The parties agree to renegotiate terms and conditions hereof if it is mutually determined that significant changes in this Agreement are necessary. There are no obligations for either party to agree to amend the Agreement terms. Upon execution of this Agreement, with the exception of changes to Section V., AGREEMENT. MANAGEMENT, modifications shall be valid only through execution of a formal written amendment to the Agreement. Any changes to the information contained in Section V., AGREEMENT MANAGEMENT, may be provided to the other party, in writing, and a copy of the ‘written notification shall be maintained in the official Agreement record. TERMINATION ‘This Agreement may be terminated at any time upon the mutual consent of both parties, or unilaterally by either party, upon no less than 30 calendar days’ written notice. Notice shall be delivered by express mail or other method whereby a receipt of delivery may be obtained. In addition, this Agreement may be terminated with 24 hours’ written notice by the Department or the Agency for any failure of either party to comply with the terms of this Agreement or any applicable Florida law. OTHER CONDITIONS A. Public Records Law ‘The Agency agrees to allow the Department and the public access to any documents, papers, letters, o other materials subject to the provisions of Chapter 119 and Section 945.10, F.S., made or received by the Agency in conjunction with this Agreement. The Page 3 of 8 9 AGREEMENT #A5037" Agency's refusal to comply with this provision shall constitute sufficient cause for termination of this Agreement. Sovereign Immunity ‘The Agency and the Department are State agencies or political subdivisions as defined in Section 768.28, F.S., and agree to be fully responsible for acts and omissions of their own agents or employees to the extent permitted by law. Nothing herein constitutes as a waiver of sovereign immunity by either party to which sovereign immunity may be applicable. Further, nothing herein constitutes consent by a State agency ot political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. Confidentiality The Agency shall ensure all staff assigned to this Agreement maintains confidentiality with reference to individual participants receiving services in accordance with applicable local, State, and federal laws, rules, and regulations. The Department and the Agency agree that all information and records obtained in the course of providing services under this ‘Agreement shall be subject to confidentiality and disclosure provisions of applicable federal and State statutes and regulations adopted pursuant thereto. ‘The Agency agrees to keep all Department personnel information (i.., Department's staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing, by the Department. Independent Contractor Status ‘The Agency shall be an independent contractor in the performance of its duties and responsibilities under this Agreement. The Department shall neither have nor exercise any control or direction over the methods by which the Agency shall perform its work and functions other than as provided herein. This Agreement does not constitute a partnership or a joint venture between the parties. Disputes Any dispute concerning performance of the terms of this Agreement shall be resolved informally by the Agreement Managers. Any dispute that cannot be resolve shall be reduced to writing and delivered to the Assistant Deputy Secretary of Insti The Assistant Deputy Secretary of Institutions shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency, the Agreement Manager, and the Contract, Administrator. Notices All notices required or permitted by this Agreement shall be given, in writing, and by hand- delivery or email to the respective addresses of the parties as set forth in Section V. AGREEMENT MANAGEMENT, above. Alll notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Either party may change the names, addresses, or telephone numbers set forth in Section V. AGREEMENT MANAGEMENT, above, by written notice given to the other party as provided above. Page 4 of 8 agreement #asosh0 Prison Rape Elimination Act (PREA) ‘The Agency shall report any violations of the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115, to the Agreement Manager. ‘No Third-Party Beneficiaries Except as otherwise expressly provided herein, neither this Agreement, nor any amendment, addendum, or exhibit attached hereto, nor term, provision, or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. Cooperation with Inspector General In accordance with Section 20.055(5), F-S., the Agency understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Institutional Security In carrying out the provisions of this Agreement, the Agency shall comply with all security procedures for vendors doing business in Department's facilities as contained in Department Procedure 602.016, “Entering and Exiting Department of Corrections Institutions,” and the Security Requirements for Contractors (Department Form #DC6- 264), attached as Attachment A. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Agreement, or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, pandemics, strikes, or labor disputes. Americans with Disabilities Act ‘The Agency shall comply with the Americans with Disabilities Act. In the event of the Agency’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Agency may be declared ineligible for further Agreements. Cooperation with the Florida Senate and the Florida House of Representatives In accordance with Florida law, the Agency agrees to disclose any requested information, relevant to the performance of this Agreement, to members or staff of the Florida Senate or the Florida House of Representatives, as required by the Florida Legislature. The Agency is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement. 10 Page 5 of & aaeement éasost 4 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. AGENCY: GULF COUNTY, BOARD OF COUNTY COMMISSIONERS SIGNED BY: NAME: TITLE: DATE: FEIN: FLORIDA DEPARTMENT OF CORRECTIONS —_ Approved as to form and legality, subject to execution. SIGNED SIGNED BY: BY: NAME: _Trueby K. Bodiford NAME: _Dorothy M. Bumsed TITLE: —_Procurement Director TITLE: _Deputy General Counsel DATE: DATE: 11 Page 6 of 8 AcReEMENT #4s0o9 2 ATTACHMENT A Firm Representing: Name of Employee/Vendor: (Print) FLORIDA DEPARTMENT OF CORRECTIONS SECURITY REQUIREMENTS FOR CONTRACTORS (1) Section 944.47, F.S.: Except through regular channels as authorized by the officer-in-charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state correctional institution, or to take or attempt to take or send or attempt to send therefrom any of the following, articles, which are hereby declared to be contraband. (a) Any written or recorded communication or any currency or coin given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution. (b) Any article of food or clothing given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution. (c) Any intoxicating beverage or beverage which causes or may cause an intoxicating effect. (d) Any controlled substance or any prescription or nonprescription drug having a hypnotic, stimulating or depressing effect. Controlled substances are listed in section 893.03, F.S. (©) Any firearm or weapon of any kind or any explosive substance. (This includes any weapons left in vehicles) (f) Any cellular telephone or other portable communication device intentionally and unlawfully introduced inside the secure perimeter of any state correctional institution without prior authorization or consent from the officer in charge of such correctional institution. A person who violates any provision of this section as it pertains to an article of contraband described in subsections (a), (b) or (f) is guilty of a felony of the third degree. In all other cases, a violation of a provision of this section constitutes a felony of the second degree. (2) Donot leave keys in ignition locks of motor vehicles. All vehicles must be locked, and windows rolled up when parked on state property. Wheel locking devices may also be required. (3) Keep all keys in your pockets. (4) Confirm, with the Institutional Warden, where construction vehicles should be parked. (5) Obtain formal identification (driver’s license or non-driver’s license obtained from the Department of Highway Safety and Motor Vehicles). This identification must be presented each time you enter ot depart the institution (6) Absolutely no transactions between contract personnel and inmates are permitted. This includes, but is not limited to, giving or receiving cigarettes, stamps, or letters. (7) No communication with inmates, verbal or otherwise, is permitted without the authorization of the officer-in-charge. DC6-264 (Revised 9/18/20) 12 Page 7 of 8 AGREEMENT #as0st 3 ATTACHMENT A (8) Strict tool control will be enforced at all times. Tools within the correctional institution are classified as Class AA, A. or B. Class AA tools are defined as any tool that can be utilized to cut chain link fence fiber or razor wire in a rapid and effective manner. Class A tools are defined as those tools ‘which, in their present form, are most likely to be used in an escape or to do bodily harm to staff or inmates. Class B tools are defined as tools of a less hazardous nature. Every tool is to be ‘geographically controlled and accounted for at all times. At the end of the workday, toolboxes will be removed from the compound or to a secure area as directed by security staff. You must have two copies of the correct inventory with each tool box, one copy will be used and retained by security stall who will search and ensure proper inventory of tools each time the tool box is brought into the facility, the other copy will remain with the tool box at all times. Tools should be kept to a minimum (only those tools necessary to complete your job). All lost tools must be reported to the Chief of Security (Colonel or Major) immediately. No inmate will be allowed to leave the area until the lost tool is recovered (9) Prior approval must be obtained from the Chief of Security prior to bringing any powder-activated tools onto the compound. Strict accountability of all powder loads and spent cartridges is required. (10) All construction materials will be delivered into the compound on trucks entering through the sallyport gate. As the security check of vehicles is an intensive and time consuming (10-15 minutes) process, the contractor is requested to minimize the number of deliveries. (11) Establish materials storage and working areas with the Warden and/or Chief of Security. (12) Control end-of-day construction materials and debris. Construction materials and debris can be used as weapons or as a means of escape. Construction material will be stored in locations agreed to by security staff and debris will be removed to a designated location. Arrange for security staff to inspect the project area before construction personnel leave. This will aid you in assuring that necessary security measures are accomplished (13) Coordinate with the Warden and Chief of Security regarding any shutdown of existing systems (gas, water, electricity, electronics, sewage, etc.). Obtain institutional approval prior to shutting down any existing utility system, Arrange for alternative service (if required) and expeditious re-establishment of the shutdown system. (14) With the intent of maintaining security upon the institution’s grounds, a background check will be ‘made upon all persons employed by the contractor or who work on the project. The Department, represented by institution's Warden, reserves the right to reject any person whom it determines may be a threat to the security of the institution. ‘Signature of Employee/Vendor Date Signature of Staff Witness DC6.264 (Revised 9/18/20) 13 Page 8 of 8 14 Financial Project Number(s). Fund(s) ‘$5000.000 — FLAIR Categoy 068794 Contract Number GOT1S ___ Object Cove: 751000 __ Org. Code: —§5400110865 — CSFA Number: 55.005 Vendor Number. 598000627033 CSFA Title Seaport Grants Progiam eure -

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