Item D03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 18, 2006
Division:
TDC
Bulk Item: Yes X No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement to assign and extend the Agreement from Artificial Reefs of
the Keys for the Vandenberg Project to The City of Key West.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of March 22,2001
BOCC approved Amendment to Agreement at their meeting of June 19,2002
BOCC approved Amendment to Agreement at their meeting of June 18, 2003
BOCC approved Amendment to Agreement at their meeting of May 19, 2004
BOCC approved Amendment to Agreement at their meeting of July 20, 200S
CONTRACT/AGREEMENT CHANGES:
Assignment and Extension
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:$2S0,000
BUDGETED: Yes X No
COST TO COUNTY:$2S0,000
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -L OMB/Purchasing ~
Risk Management X
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The City of Key West Contract # -
Effective Date: 10/1/06
Expiration Date: 9/30/08
Contract Purpose/Description:
Approval of an Amendment to Agreement to assign and extend the Agreement from
Artificial Reefs of the Keys for the Vandenberg Proiect to The City of Key West.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/18/06 Agenda Deadline 10/3/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 250,000
Budgeted? Yes!Sl No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
117-77040-530340- T17B-383-D-530340
- -
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
c~; 2f"
Division Director ~
Risk Manage'(nent ..:fi::Qh
~~ ~"f
O.ifB./purchaSmg ~m,
County Attorney ~
Changes
Needed ~
YesD NOL:J
Date Out
YesD NoEJ
YesDNo~
Comments:
OMB Form Revised 2/27/01 MCP #2
3052923516
MONROE COUNTY ATT
103749am. 08-28-2006
2/3
ASSIGNMENT AND AMENDMENT TO EXTEND THE AGREEMENT
BETWEEN
MONROE COUNTY AND ARTIFICIAL REEFS OF THE KEYS
At:!Q
THE CITY OF KEY WEST
This Assignment and Extension of Agreement (Assignment) is made and
entered into this _ day of 2006, between Monroe County (County),
Artificial Reefs of the Keys (Assignor) and the City of Key West (Assignee).
WHEREAS, an Agreement was entered into on March 22, 2001, attached
hereto, between County and Assignor to allocate $250,000.00 from Tourist
Development Tax capital projects funds for the sinking of the Vandenberg (the
Vandenberg Project); and
WHEREAS, the Agreement was amended on June 19, 2002; June 18,
2003; May 19, 2004 and July 20, 2005 to extend the Agreement and the allocation
of funds; and
WHEREAS, Assignor wishes to assign the funding allocation to the
Assignee; and
WHEREAS, the Assignee requests an extension of the Agreement to
September 30, 2008; and
WHEREAS, Assignee is qualified and has agreed to use the funds for the
Vandenberg Project;
NOW THEREFORE, the above parties agree as follows:
1. Assignee shall assume all obligations and responsibilities of Assignor
under the agreement dated March 22, 2001 and amended June 19, 2002;
June 18, 2003; May 19, 2004 and July 20, 2005.
2. Paragraph 1 of the Agreement dated March 22, 2001, shall read as follows:
1. Agreement Period. This Agreement is for the period October 1,2006 or
upon date of execution, whichever is earlier, through September 30, 2008.
This Agreement shall remain in effect for the stated period unless one party
gives to the other written notification of termination pursuant to and in
compliance with paragraphs 7, 12 and 13 below.
'T'" 1 1 y,. . ^. .
3. County approves and consents to the Assignment of the Agreement dated
March 22, 2001 and amended June 19, 2002; June 18, 2003; May 19,
2004 and July 20, 2005, from Assignor to Assignee.
4. All other provisions of the Agreement dated March 22, 2001 and amended
June 19, 2002; June 18, 2003; May 19, 2004 and July 20,2005, not
inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the
day and year first above written.
Arti~1 ~f\the Keys, AssignF
\J\^\l-'O\r'- ~~~
President
Print Name:L\.. t' 1 ':) R ~ Or (,.., ODd_
City of Key West Assignee
(SEAL)
ATTEST: DANNYL.KOLHAGE
CLERK
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
Vandenberg Extension & Assignment 2006
J~. . ~ / ~ T/ARTIFICIAL REEFS OF THE KEYS
WWW.8IGSHIPWRECKS.COM
----
~ 0. 80X 4190, KEY WEST, FL U041 .0(5)797-7077 . FAX 0(5)296-9516
August 23, 2006
Monroe County Tourism Development Council:
Artificial Reefs of the Keys (ARK) appreciates the continued support of the Monroe County Tourism
Development Council for the Vandenberg Project. ARK and the City of Key West request that the current
Capital Projects Grant for the Vandenberg Project in the amount of $250, 000 due to expire in September
2006 be extended until September 30, 2008 to coincide with the recently approved grant for the same
project in the amount of $750,000. ARK and the City of Key West further request that the grant for
$250,000 be assigned to the City of Key West for the benefit of ARK and the Vandenberg Project for the
same purpose.
Sincerely,
for ARK
Mayor Morgan McPherson
for the City of Key West
ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the riP ~day of :ntll.l 2005, is entered into by and
between the Board of County Commissioners for Monroe dounty, on behalf of the Tourist
Development Council, and Artificial Reefs of the Keys, a Florida not-for-profit corporation.
WHEREAS, there was a contract entered into on March 22, 2001, between the parties,
awarding $250,000 to Artificial Reefs of the Keys for the Vandenberg Project, and
and
WHEREAS, the contrad was amended on June 19, 2002; June 18, 2003 and May 19, 2004;
WHEREAS, it has become necessary to extend the contract for an additional period of time in
order to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to September 3D, 2006.
2. This project shall be completed and invoices submitted to the County Finance
Department no later than September 30, 2006. The Grant-in-Aid funds must be expended by
September 30, 2006. No funds will be available for use for this project agreement after September
3D, 2006.
3. The remaining provisions of the contrad dated March 22, 2001, Amended June 19,
2002, June 18, 2003 and May 19, 2004 remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(SEAL)
ATTEST:
Artificial R
. (SEAL)
,An']!ST: DANNY L. KOLHAGE, CLERK
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. DepcJty Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
~)J;' >n ~tU/
Mayor/Chairman
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ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the Ii liday of ;Iliff 2004, is entered into by and
between the Board of County Commissioners for Monrbe County, on behalf of the Tourist
Development Council, and Artificial Reefs of the Keys, a Florida not-for-profit corporation.
WHEREAS, there was a contract entered into on March 22, 2001, between the parties,
awarding $250,000 to Artificial Reefs of the Keys for the Vandenberg Project, and
WHEREAS, the contract was amended on June 19, 2002 to allow for an extension of
agreement to September 30,2003, and
WHEREAS, the contract was amended on June 18, 2003 to allow for an extension of
agreement to March 14, 2004, and to revise Insurance Requirements, and
WHEREAS, it has become necessary to extend the contract for an additional period of time in
order to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to March 15, 2005.
2. This project shall be completed and invoices submitted to the County Finance
Department no later than March 15, 2005. The Grant-in-Aid funds must be expended by March 15,
2005. No funds will be available for use for this project agreement after March 15, 2005.
3. The remaining provisions of the contract dated March 22, 2001, Amended June 19,
2002 and June 18, 2003, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
of th; Keys ~k_
I~ __.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
cJJ C.
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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APPROVED A . Fr . yor/Chalrman
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ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the /f"~ay of JuNr 2003, is entered into by and
between the Board of County Commissioners for Monroe County, on behalf of the Tourist
Development Council, and Artificial Reefs of the Keys, a Florida not-for-profit corporation.
WHEREAS, there was a contract entered into on March 22, 2001, between the parties,
awarding $250,000 to Artificial Reefs of the Keys for the Vandenberg Project, and
WHEREAS, the contract was amended on June 19,2002 to allow for an extension of agreement to
September 30, 2003, and
WHEREAS, it has become necessary to extend the contract for an additional period of time in
order to complete the project; and
WHEREAS, it has become necessary to include additional insurance requirements,
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to March 15, 2004.
2. Exhibit A shall be added to the original Agreement to meet the Water Craft Liability
Insurance Requirements, and Exhibit B shall be added to original Agreement to meet the Workers
Compensation requirements.
3. The remaining provisions of the contract dated March 22,2001 and Amended June 19,
2002, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
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BOARD OF COUNTY
COMMISSIONERS OF
MO~~~ C~1iTY, FiO~DA
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Mayor/Chairman
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EXHIBIT A
WATER CRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimum:
· Injury (including death) to any Person
· Damage to Fixed or Movable Objects
· Costs Associated with the Removal of Wrecked Vessels
· Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a
Vessel", it shall be endorsed to provide coverage for the legalliability of the shipowner.
The minimum limits acceptable shall be:
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&D shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
WL2
EXHIBIT B
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the
Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject
to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than those specified
for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection
and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have
been provided by a Workers' Compensation policy.
ADDENDUM TO AGREEMENT
THIS ADDENDUM to agreement dated the /q ~ay of ,-..j c {~~ 2002, is entered
into by and between the Board of County Commissioners for Monroe County, on behalf
of the Tourist Development Council, and Artificial Reefs of the Keys, a Florida not-for-
profit corporation.
WHEREAS, there was a contract entered into on March 22, 2001, between the
parties, awarding $250,000 to Artificial Reefs of the Keys for the Vandenberg Project,
and
WHEREAS, it has become necessary to extend the contract for an additional
period of time in order to complete the project; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to
September 30, 2003.
2. The remaining provisions of the contract dated March 22, 2001, remain in
full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
(SEAL)
ATTEST:
Artificial Reefs of the K~t~
, (SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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Mayor/Chairman
GRANT OF FUNDS
This AGREEMENT dated the22- day 0~Vl/+~f!2001, is entered into by and between
the SOARD OF COUNTY COMMISSIONERS F R MONROE COUNTY, hereinafter "County," on
behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and Artificial Reefs of the
Keys a Florida not-for-profit corporation, hereinafter" Contractor".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct,
extend, enlarge, remodel, repair, improve, maintain, or promote museums, zoological parks,
fishing piers, nature centers or sports arenas which are publicly owned and operated or owned
and operated by not-for-profit corporations, and
WHEREAS, Contractor has applied for funding for the Vandenberg project to
acquire/remodel/construct the zoological park/nature center hereinafter "the Project"; and
WHEREAS, the County and TDC have determined that it is in the best interest of the
County, for purposes of promoting tourism and preserving the heritage of the community, to
acquire, construct, repair and rehabilitate the project for use as a zoological park/nature center
open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Contractor and the County have entered into this agreement on the terms and
conditions as set forth below.
1. AGREEMENT PERIOD. This agreement is for the period March 22, 2001 through
September 30, 2002. This agreement shall remain in effect for the stated period unless one party
gives to the other written notification of termination pursuant to and in compliance with paragraphs
7,12 and 13 below.
2. SCOPE OF AGREEMENT. The Contractor shall provide a zoological park/nature center by
sinking a vessel with appropriate federal and state permits for the establishment of an artificial
reef.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to
exceed $250,000 to be paid upon the completion of the project. The Soard of County
Commissioners and the Tourist Development Council assume no liability to fund this agreement
for an amount in excess of this award. Payment shall be made to Contractor upon presentation of
invoice and other documentation necessary to prove that the project has been completed.
Monroe County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the SOCC.
4. REPORTS. The Contractor shall provide financial reports in summary of activity on forms
provided or approved by the TDC, and quarterly narrative reports of activity under the approved
work plan. The Contractor shall keep such records as are necessary to document the
performance of the agreement and expenses as incurred, and give access to these records at the
request of the TDC, the County, the State of Florida or authorized agents and representatives of
said government bodies. It is the responsibility of the Contractor to maintain appropriate records
to insure a proper accounting of all funds and expenditures. The Contractor understands that it
Artificial Reefs of the Keys
Capital Project Funding FY 2001
\
shall be responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of
County Commissioners for Monroe County, or their agents and representatives. In the event of an
audit exception, the current fiscal year grant award or subsequent grant awards will be offset by
the amount of the audit exception. In the event the grant is not renewed or supplemented in future
years, the Contractor will be billed by the County for the amount of the audit exception and shall
promptly repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this
agreement shall be only amended in writing and approved by the Board of County Commissioners
for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this agreement shall be construed
as to find the Contractor or any of its employees, contractors, servants or agents to the employees
of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the
rights, privileges or benefits of employees of Monroe County.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provisions of this agreement, including those now in effect and hereafter adopted. Any
violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this agreement immediately upon delivery of
written notice of termination to the Contractor.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The
Contractor shall include in all agreements funded under this agreement the following terms:
a) Anti-discrimination. Contractor agrees that they will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service under
this agreement because of their race, color, religion, sex, national origin, or physical or mental
handicap where the handicap does not affect the ability of an individual to perform in a position of
employment, and to abide by all federal and state laws regarding non-discrimination.
b) Anti-kickback. Contractor warrants that no person has been employed or retained to
solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has
any interest, financially or otherwise, in Contractor. For breach or violation of this warranty, the
Contractor shall have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding
for this agreement is available at least in part through the County and that violation of this
paragraph may result in the County withdrawing funding for the project.
c) Hold hannless/indemnification. Contractor acknowledges that this agreement is funded
at least in part by the County and agrees to indemnify and hold harmless the County and any of its
officers and employees from and against any and all claims, liabilities, litigation, causes of action,
damages, costs, expenses (including but not limited to fees and expenses arising from any factual
investigation, discovery or preparation for litigation), and the payment of any and all of the
foregoing or any demands, settlements or judgments (collectively claims) arising directly or
indirectly from any negligence or criminal conduct on the part of Contractor in the performance of
the terms of this agreement. The Contractor shall immediately give notice to the County of any
Artificial Reefs of the Keys
Capital Project Funding FY 2001
2
suit, claim or action maOe against the Contractor that is related to the activity under this
agreement, and will cooperate with the County in the investigation arising as a result of any suit,
action or claim related this agreement.
d) Insurance. Contractor agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Contractor and the County from any suits,
claims or actions brought by any person or persons and from all costs and expenses of litigation
brought against the Contractor for such injuries to persons or damage to project occurring during
the agreement or thereafter that results from performance by Contractor of the obligations set
forth in this agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with the County a certificate of the
insurance of the carriers showing that the aforesaid insurance policy is in effect. The following
coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence
for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit per occurrence.
The Contractor, the County and the TDC shall be named as additional insured, exempt workers
compensation. The policies shall provide no less than 30 days notice of cancellation, non-renewal
or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of insurance showing that the
aforesaid insurance coverage's are in effect.
e) Licensing and Permits. Contractor warrants that it shall have, prior to commencement of
work under this agreement and at all times during said work, all required licenses and permits
whether federal, state, County or City.
9. HOLD HARMLESS/INDEMNIFICATION. The Contractor hereby agrees to indemnify and
hold harmless the BOCCrrDC and any of its officers and employees from and against any and all
claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited
to fees and expenses arising from any factual investigation, discovery or preparation for litigation),
and the payment of any and all of the foregoing or any demands, settlements or judgments arising
directly or indirectly under this agreement. The Contractor shall immediately give notice to the
County of any suit, claim or action made against the County that is related to the activity under this
agreement, and will cooperate with the County in the investigation arising as a result of any suit,
action or claim related to this agreement.
10. ANTI-DISCRIMINATION. The Contractor agrees that they will not discriminate against
any of their employees or applicants for employment or against persons for any benefit or service
because of their race, color, religion, sex, national origin, or physical or mental handicap where
the handicap does not affect the ability of an individual to perform in a position of employment,
and to abide by all federal and state laws regarding non-discrimination.
11. ANTI-KICKBACK. The Contractor warrants that no person has been employed or retained
to solicit or secure this agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the County or TOC
has any interest, financially or otherwise, in the said funded project, except for general
membership. For breach or violation of this warranty, the County shall have the right to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, brokerage or contingent fee.
Artificial Reefs of the Keys
Capital Project Funding FY 2001
3
12. TERMINATION. This agreement shall terminate on September 30,2002. Termination
prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level
sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event
that funds cannot be continued at a level sufficient to allow the continuation of this agreement
pursuant to the terms specified herein, this agreement may then be terminated immediately by
written notice of termination delivered in person or by mail to Contractor. The County may
terminate this agreement without cause upon giving written notice of termination to provider. The
County shall not be obligated to pay for any services or goods provided by Contractor after
Contractor has received written notice of termination.
13. TERMINATION FOR BREACH. The County may immediately terminate this agreement
for any breach of the terms contained herein. Such termination shall take place immediately upon
receipt of written notice of said termination. Any waiver of any breach of covenants herein
contained to be kept and performed by Contractor shall not be deemed or considered as a
continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for
any succeeding breach either of the same conditions or of any other conditions. Failure to provide
County with certification of use of matching funds or matching in-kind services at or above the rate
of request for reimbursement or payment by contractor is a breach of agreement, for which the
County may terminate this agreement upon giving written notification of termination.
14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with respect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the Contractor and the County.
15. CONSENT TO JURISDICTION. This agreement, its performance, and all'disputes arising
hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the
proper venue for any actions shall be in Monroe County.
16. ETHICS CLAUSE: Contractor warrants that he has not employed, retained or otherwise
had act on his behalf any former County officer or employee in violation of Section 2 or Ordinance
No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990.
For breach or violation of the provision the County may, at its discretion terminate this agreement
without liability and may also, at its discretion, deduct from the agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present County officer or employee.
17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on an
agreement to provide any goods or services to a public entity, may not submit a bid on a
agreement with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or perform work as
a Contractor, supplier, sub-contractor, or consultant under a agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
Artificial Reefs of the Keys
Capital Project Funding FY 2001
4
18. AUTHORITY: Contractor warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Contractor below certifies and warrants that the Contractor's name in this
agreement is the full name as designated in its corporate charter (if a corporation); they are
empowered to act and contract for the Contractor, and this agreement has been approved by the
Board of Directors of Contractor or other appropriate authority.
19. LICENSING AND PERMITS: Contractor warrants that it shall have, prior to commencement
of work under this agreement and at all times during said work, all required licenses and permits
whether federal, state, County or City.
20. INSURANCE: Contractor agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Contractor and the County from any suits,
claims or actions brought by any person or persons and from all costs and expenses of litigation
brought against the Contractor for such injuries to persons or damage to project occurring during
the agreement or thereafter that results from performance by Contractor of the obligations set
forth in this agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with the County a certificate of the
insurance of the carriers showing that the aforesaid insurance policy is in effect. The following
coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence
for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit per occurrence.
The Contractor, the County and the TDC shall be named as additional insured, except workers
compensation. The policies shall provide no less than 30 days notice of cancellation, non-renewal
or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of insurance showing that the
aforesaid insurance coverage's are in effect.
21. NOTICE. Any written notice to be given to either party under this agreement or related
hereto shall be addressed and delivered as follows:
For Artificial Reefs of the Keys: Jeff Dey, CEO
Resource Control Corporation
103 Wills St.
Rancocas, NJ 08073
For County: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
and
Suzanne Hutton, Asst. County Attorney
310 Fleming St.
Key West, FL 33040
Artificial Reefs of the Keys
Capital Project Funding FY 2001
5
IN WITNESS WHt:nEOF, the parties hereto have caused this agreement to be executed
the day and Y~~ii($tabove written.
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A TTES~'~ANNYt. KOLHAGE, CLERK
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BY:~~C ' fJv >6a'1L-t~
Deputy Clerk/
(SEAL)
ATTEST:
By:
Secretary
Artificial Reefs of the Keys
Capital Project Funding FY 2001
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
ftlchairman
Artificial Reefs of The Keys
By:
6