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1st Amendment 11/14/2007 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 19, 2007 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hancor~ Deputy Clerk CJ? At the November 14, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Turn Key Events Agreement between Monroe County and Middle Keys Events Council, Inc. covering the Marathon SBI Offshore Grand Prix on May 15-18,2008 in an amount not to exceed $75,000, DAC III, FY 2008 Event Resources. Destination Events Agreement between Monroe County and Green Living & Energy Education, Inc. covering the 3rd Green Living and Energy Education Expo on May 9-11, 2008 in an amount not to exceed $18,500 ($18,500: District II allocation = $1,500; Ditrict III allocation = $14,000; District IV allocation = $1,500; and District V allocation = $1,500, FY 2008 Event Resources). Turn Key Events Agreement between Monroe County and Upper Keys Community Pool, Inc. covering the Orange Bowl Winter Training & Swim Classic between December 15, 2008 and January 18,2009 in an amount not to exceed $35,000, DAC V, FY 2008 Event Resources. Turn Key Events Agreement between Monroe County and Conch Republic Offshore Powerboat Racing Association covering the Key West World Championship Race on November 2, 2008 through November 9, 2008 in an amount not to exceed $70,000, DAC I, FY 2008 Event Resources. Amendment (1st Amendment) to Interlocal Agreement between Monroe County and Islamorada Village of Islands to rescind Segment I of their Agreement for the wading pool at Founders Park in an amount of $24,000. Destination Events Agreement between Monroe County and Gay & Lesbian Center of Key West, Inc. covering Pridefest 2008 on June 7-15, 2008 in an amount not to exceed $8,673, DAC I, FY 2008 Event Resources. Amendment (1st Amendment) to Agreement between Monroe County and Key West Players, Inc. to revise Exhibit A of the Waterfront Playhouse Lobby Restoration/Renovation Project. Amendment (1st Amendment) to Agreement between Monroe County and Key West Art & Historical Society to revise schedule of events for the production ofIn Their Own Words: The History of the Key West Lighthouse. Grant Award Agreement between Monroe County and Key West Botanical Garden Society, Inc. for the Phase III: Creation of a Nationally Acclaimed Aviary Eco-Tourism Attraction in an amount of $265,000, DAC I, FY 2008 Capital Resources. Amendment (1st Amendment) to Agreement between Monroe County and Islamorada Village of Islands to revise scope of services and compensation for the Hurricane Monument Renovation Project. Agreement between Monroe County and Islamorada Chamber of Commerce, Inc. covering the 17th Annual Florida Keys Island Festival on May 3-4, 2008 in an amount not to exceed $17,500, DAC IV, FY 2008 Event Resources. Enclosed are two duplicate originals of each of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File AMENDMENT (1 st AMENDMENT) TO INTER-LOCAL AGREEMENT THIS INTER-LOCAL AMENDMENT to agreement dated the J y-tL day of fIc-v, 2007, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Islamorada Village of Islands. WHEREAS there was a contract entered into on March 21, 2007 between the , parties, awarding $29,975 to the Islamorada Village of Islands for the Founders Park Swimming and Diving Complex Project; and WHEREAS, the Islamorada Village of Islands wishes to rescind segment 1 of their agreement in an amount of $24,000 for the construction of the wading pool at Founders; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of services: Seqment 2: Procure and install a lightning detection system at Founders Park. Segment(s) of the work is/are more particularly described in Exhibit(s) A, detailing the work and the cost allocable to each segment, attached hereto and incorporated herein by reference. All work for which grant funds are to be expended must be completed by the stated termination date of September 30, 2007 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2007 to be considered for payment. a) There shall be a project manager to acknowledge receipt of goods or work performed. This Project Manager shall be Jon Sutter, Islamorada Village of Islands, P.O. Box 568, Islamorada, FL 33036 (Tel: 305-853-1685/Fax: 305-853-1778/E-mail: iohn.sutter@islamorada.fl.us). Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated and notice of the designation shall be provided to TDC/County. b) If, and to the extent that, Grantee contracts for any of the work funded under this Agreement to be performed or completed, Grantee shall give notice to County of the contractual relationship, provide County with a copy of any and all contracts and shall require the contractor(s) to comply with all the terms of this contract. Should grantee contract the work and then decrease the scope of work to be performed by a contractor, Grantee shall provide County with an amended contract executed by Grantee and its contractor. (i) A Grantee which is a governmental entity shall comply with the procurement regulations and policies to which it is subject, and shall provide Grantor documentation of the procurement requirements applicable to the project and compliance therewith. Amendment #1 Islamorada Village ofIslands: Pool Project FY 07 Funding (ii) A Grantee which is a not-for-profit entity shall undergo procurement processes for those parts of the project to be contracted (not performed by the entity's employees), which shall, at a minimum, require the acquisition of two written quotes for work expected to be under $25,000 or a notarized statement as to why such written quotes were not feasible. For work expected to be $25,000 or more, a competitive bid process must be performed. County procurement policies and procedures may be used by the Grantee as a guideline. In the event that the monetary contractual process commenced prior to the effective date of this funding grant Agreement, and the guidelines above were not followed, Grantee shall submit with its reimbursement request a notarized statement which details the Grantee's procurement efforts to ensure the best service for the most economical price. Grantee shall provide Grantor detailed documentation of the procurement process used. c) Grantee shall exercise good internal controls to assure that the project as described in the funding application shall be completed on a timely basis within the proposed budget and shall provide to County any certifications, including those by the architect, engineer, contractor or an independent consultant if necessary, required to establish that materials which are purported to be applied to the project are in fact so applied. Further verification shall be required to show that equipment and other fixtures and personal property covered by this Agreement are delivered to and installed in the project site. When any permit is required by any governmental agency, copies of plans and other documents which are submitted to the applicable agency shall be submitted to the County Engineering Division to enable verification that the scope of services under this Agreement has been provided. 3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an amount not to exceed $5,975 (Five Thousand, Nine Hundred and Seventy Five Dollars) for materials and services used to improve the property. Reimbursement request must show that Grantee has paid in full for materials and services relating to the segment prior to seeking the 50% (fifty percent) reimbursement from Grantor. Payment shall be 50% (fifty percent) reimbursement of the total cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the Agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this Agreement for an amount in excess of this award. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the BOCC. a) Payment shall be made upon the completion of a specific segment as outlined in the Scope of Services and Exhibit A. Payment for expenditures permissible by law and County policies shall be made through reimbursement to Grantee upon presentation of Application for Payment Summary- AlA Document G702 or similar certification as required below for governmental entities and not-for-profit entities, invoices, canceled checks and other documentation necessary to support a claim for Amendment #1 Islamorada VilIIage of Islands: Pool Project FY 07 Funding reimbursement. Payment is a 50% (fifty percent) reimbursement of the total cost of each segment of the project, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the Agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. Included in said documentation shall be proof that the Grantee has received the property, realty or personally, for each segment of Agreement as outlined in Exhibit A and paid an amount equal to or greater than the amount invoiced to the Grantor. It shall be necessary for the Grantee to contact the County Engineering Division and to arrange for inspections upon the completion of each segment. The documentation needed to support the payment request shall be in the form necessary for submission and available to the County engineer at the time of inspection. All submissions for payment shall have a proposed schedule of values for segment(s) and indicate the percentage of completion of the overall project as of the submission. This document should be signed by the project architect, engineer, general contractor or project manager. Photos of the progress of the work shall also be submitted with the payment application. It shall be the responsibility of the project architect, engineer, general contractor or project manager to initiate the communication with the Monroe County Engineering Division to facilitate the inspection(s) of the segment of the project. All submissions requesting payment shall be approved in writing, and signed, by the Monroe County Engineering Division as to the completion of the segment of the project for which payment is requested. The application for payment document must be certified through a statement signed by an officer of the organization and notarized, declaring that representations in the invoice are true and factual. Grantee shall also provide partial releases of liens or certifications of non-lien if applicable. Grantor shall retain 10% of any payment on work in progress until the Grantee has provided a Final Release of Lien for each vendor/Contractor for whom payment is requested. For projects exceeding $25,000 in TDC funding under this Agreement, final payment will not be made until the following documents are complete and submitted to the Grantor: AlA Document G-702 Application for Payment Summary AlA Document G-704 Certificate of Substantial Completion AlA Document G-706 Contractor's Affidavit of Debts & Claims AlA Document G-706A Contractor's Affidavit of Release of Liens AlA Document G-707 Consent of Surety to Final Payment (when applicable) Final Release of Lien or Affidavit and Partial Release of Lien For projects for which TDC funding under this Agreement is $25,000 or less, the AlA documentation is not required, but sufficient documentation must be submitted to County to provide similar assurances that the work has been completed and contractors/suppliers paid. All payment requests must be submitted no later than the completion of project of September 30, 2007. Invoices received after September 30, 2007 will not be considered for payment. Amendment #1 Islamorada Village oflslands: Pool Project FY 07 Funding 2. The remaining provisions of the contract dated March 21, 2007 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. Board of C nty Commissioners of Monroe ty "';"-'~" , '~ly Clerk Mayor/Chairm n (CORPORATE SEAL) Attest: By. -t3.p.u~ 1h~/Jq- Village r Islamorada Village of Islands -~ ---= By ~~ Mayor ~ 'i3 'U.? eI ( 'f 1~__Pr D D It l2 Print Name .,.. --=- <5 p c 1---,:;:)..... v \.J!I ,~o ~a.r-&..Er\-... Z J.> :;o{"");:'1',: Print Name ~?r:;': , "-~-"< ;:-J;'~" ". ,~~") ('"",' OR TWO WITNESSES (1) (1) '~:"'-,,;' .....;-".'; (2) (2) -q .-"... V f/"; Print Name Print Name APPRCJVF AND lr" USE' ISLA:' '.<" :::ORM .' THE OF , :'EOF '.,', .1 ~~ MONROE COUNTY ATTORNEY APPROV AS ORM: SUSAN M. IMSLEY Oal~SSI~":.N/~~ 0 ~TTORNEY lin. . \'" ArroRNEY Amendment #1 [slamorada Village ofIslands: Pool Project FY 07 Funding (It ~ <::> <::> .... :z: c::> -< :21 '-1""1 ;~~ \.0 '"'0 :x '-'. :':-:) "0 >] i'j"l ,::-) ':::) , ~ :.":l - ..