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HomeMy WebLinkAboutD. Tourist Development CouncilBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20,2010 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Key West Players, Inc. covering the Roof Replacement with Insulation/Soundproofing project in an amount not to exceed $26,800, DAC 1, FY 2011 Capital Resources. ITEM BACKGROUND: TDC approved same at their meeting of August 10, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $26,800 BUDGETED: Yes X No COST TO COUNTY:. $26,800 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X -4`B/PurcWasing X Risk Management DOCUMENTATION: Included X DISPOSITION: Revised 11/06 Not Required AGENDAITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Players, Inc. Contract # 793 Effective Date: 10/1/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with Key West Players, Inc. covering the Roof Replacement with Insulation/Soundproofing project in an amount not to exceed $26,800, DAC 1, FY 2011 Capital Resources. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 26,800 Current Year Portion: $ Budgeted? Yes® NoF-1 Account Codes : 117-77040-530340-TB-17023-X-530340— Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ yr For: (Not included in dollar value above) (eg. maintenance, utiliti CONTRACT REVIEW Changes mitorial, salaries, etc. 'D ten '1// Needed vu Division Director Yesr-1 NoEa, Risk ManagementF-1 YesNoEj O.M.B./PurchaAlng 7 YesR N ...... County Attorney YesR NoE2--' C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 Date Out Grant Award Agreement THIS AGREEMENT (Agreement) is entered into this day of 2010 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and Key West Players, Inc. a not for profit business organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the district pennies of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the Roof Replacement with I nsu lation/Soundp roofing project; and WHEREAS, the Grantor and Tourist Development Council (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 attract tourists, and repair and improve the property for use as an auditorium that is open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 20, 2010 through to September 30, 2011. 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 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of services: Materials and labor necessary to complete the Roof Replacement with Insulation/Soundproofing project. 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, 2011 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2011 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 Thomas Lavender, PO Box 724, Key West, FL 33040. Telephone: (305) 304-7577. E-mail: kwtoml(a1vahoo,com. Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated and notice with new contact information shall be provided in writing to the TDC administrative office. Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 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. (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. 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 $26,800 for materials and services used to repair and 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. Waterfront Playhouse Roof Repair FY 2019 Funding Contract ID#: 793 2 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— AIA 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 reimbursement. Included in said documentation shall be proof that the Grantee has received the property, realty or personalty, 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 vend or/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: AIA Document G-702 Application for Payment Summary AIA Document G-704 Certificate of Substantial Completion AIA Document G-706 Contractor's Affidavit of Debts & Claims AIA Document G-706A Contractor's Affidavit of Release of Liens AIA 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 AIA 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, 2011. Invoices received after September 30, 2011 will not be considered for payment. Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 3 b) Documentation shall be submitted to the TDC Administrative Office to show the receipt and application of in -kind donations of goods, professional services, and materials. Said documentation should include invoices, bills of lading, etc., and be verified as received and applied to the project through a notarized statement of the project architect, engineer, general contractor or project manager. The receipt and application to the project of volunteer labor are to be documented and verified by notarized signature of the project architect, engineer, general contractor or project manager, and said documentation submitted to the TDC Administrative Office. All submissions shall identify the items included in Exhibit A and grantee shall complete the Application for Payment form which is provided within the payment/reimbursement kit provided to the grantee, listing the schedule of values which are sought to be reimbursed and shall 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. Photographs showing progress on project shall be included in any payment request. The Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. c) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2011. Invoices received after September 30, 2011 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed form with the appropriate invoice to the TDC Administrative Office. Real property acquired or improved through funding under this Agreement shall remain dedicated for the purposes set forth herein or for other purposes which promote tourism and ownership of said property shall be retained by the Grantee. The following terms shall apply: Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 4 (i) The Grantee shall have the use of the property, including both realty and personalty acquired with funding under this agreement, at the project site for so long as the facility is operated by Grantee, open to the public, and has a primary purpose of promoting tourism. At such time as any of the conditions in the preceding sentence shall cease to exist, the Grantee shall transfer ownership and possession of equipment and personal property to a local government or another not -for -profit organization which is a facility for which tourist development taxes may be used pursuant to Florida Statute with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist -related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding. This provision shall survive the termination date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non - tourist related purpose occur after the facility has been used for tourist -related purposes for at least three (3) years, the amount of refund shall be pro -rated based on a useful life of ten (10) years. (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS. The Grantee 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it 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 Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. Waterfront Playhouse Roof Repair FY 2019 Funding Contract lD#: 793 (a) Public Access. The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee 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 Grantee 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee 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 Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it 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. Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 0 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 County. 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. 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 harmless/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 suit, claim or action made 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 property 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. Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 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. f) Right to Audit. 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USG ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI11 of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee 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 TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor 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. 12. TERMINATION. This Agreement shall terminate on September 30, 2011. 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 Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 P Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not Waterfront Playhouse Roof Repair FY 2011 Funding Contract lD#: 793 lim resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee 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 Grantor 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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 Waterfront Playhouse Roof Repair FY 2011 Funding Contract lD#: 793 11 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. 18. AUTHORITY: Grantee 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 Grantee below certifies and warrants that the Grantee'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 Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee 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: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor 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. Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 ivi Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: 0 Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-Maria(cD_MonroeCounty-FL.Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacini at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerks office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract (certificate only for worker's compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FIL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Thomas Lavender PO Box 724 Key West, FL 33040 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 Mom. Waterfront Playhouse Roof Repair FY 2011 Funding Contract ID#: 793 13 Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely Waterfront Playhouse Roof Repair FY 2011 Funding Contract I©#: 793 14 removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Waterfront Playhouse Roof Repair F Y 2011 Funding Contract ID#: 793 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: Secretary Print Name Date: 7-, 3 7-/o OR TWO WITNE ES Print Name Date: 7-cR ,,7 -/�) Waterfront Playhouse Roof Repair FY 2011 Funding Contract Ok 793 16 Board of County Commissioners of Monroe County Mayor/Chairman fM ec,�C Print Name Date: i'- ; P� 7 -/ 0 (2) V (2) -- 1 Print Name Date: 7 �07 7 -/ O M ?ROE COUNTY ATTORNEY PRO EP F�RM° Y THIA L. ALL ASSI TANT .Q NTY ATTORNEY Date ^ �� �' Q O I 31 0 ------------------------------------------------------------------------------------- O > V) elm 0 0 6 0 00 16 C14 0 0 a A -------------------------------------------------------------------------------------------------------------------------------- CD 0 0 C) IIR Ilzr U0 0 U -5 oo F ai 7� 7� v. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER20,2010 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Florida Keys Land & Sea Trust, Inc. covering the Restoration of Adderley House — Historical Attraction at Crane Point project in an amount not to exceed $32,500, DAC 111, FY 2011 Capital Resources. ITEM BACKGROUND: TDC approved same at their meeting of August 10, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $32,500 — BUDGETED: Yes X No COST TO COUNTY:. S32,500 I SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X )�`/Purc asing X Risk Management X DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys Land & Sea Contract # 794 Trust, Inc. Effective Date: 10,11/10 Expiration Date: 9/30,111 Contract Purpose/Description: Approval of an Agreement with Florida Keys Land & Sea Trust Inc. covering the Restoration of Adderley House — Historical Attraction at Crane Point project in an amount not to exceed $32,500, DAC 111, FY 2011 Capital Resources. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 32,500 Current Year Portion: $ Budgeted? Yes® No r-1 Account Codes : 119-79040-530340-TB-19706-X-530340 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out at In Needed ei� per Division Director Yesr-] Z� Risk Manage nt If Yes❑ Now� 7 O.M.B./Pur asing Yesr-1 NoFV1 County Attorney 7 YesF-J *1 NoEr--'�C. Hall Comments: umb t, onn Kevisea 1112 Hu 1 MU V 42 Grant Award Agreement THIS AGREEMENT (Agreement) is entered into this day of , 2010 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and Florida Keys Land & Sea Trust, Inc. a not for profit business organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the district pennies of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the Restoration of Adderley House — Historical Attraction at Crane Point project; and WHEREAS, the Grantor and Tourist Development Council (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 attract tourists, and repair the property for use as a museum that is open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 20, 2010 through to September 30, 2011. 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 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of services: Materials and labor to complete the Restoration of Adderley House — Historical Attraction at Crane Point project. 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, 2011 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2011 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 John Henderson, PO Box 500536, Marathon, FL 33050. Telephone: (305) 923-9482. E-mail: johnffcranepoint.net. Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated and notice with new contact information shall be provided in writing to the TDC administrative office. 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, Florida Keys Land & Sea Trust FY 2011 Funding Contract ID#: 794 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. (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. 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 $32,500 for materials and services used to repair 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— AIA 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 reimbursement. Included in said documentation shall be proof that the Grantee has received the property, realty or personalty, 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 Florida Keys Land & Sea Trust FY 2011 Funding Contract 1D#: 794 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: AIA Document G-702 Application for Payment Summary AIA Document G-704 Certificate of Substantial Completion AIA Document G-706 Contractor's Affidavit of Debts & Claims AIA Document G-706A Contractor's Affidavit of Release of Liens AIA 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 AIA 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, 2011. Invoices received after September 30, 2011 will not be considered for payment. b) Documentation shall be submitted to the TDC Administrative Office to show the receipt and application of in -kind donations of goods, professional services, and materials. Said documentation should include invoices, bills of lading, etc., and be verified as received and applied to the project through a notarized statement of the project architect, engineer, general contractor or project manager. The receipt and application to the project of volunteer labor are to be documented and verified by notarized signature of the project architect, engineer, general contractor or project manager, and said documentation submitted to the TDC Administrative Office. All submissions shall identify the items included in Exhibit A and grantee shall complete the Application for Payment form which is provided within the payment/reimbursement kit provided to the grantee, listing the schedule of values which are sought to be reimbursed and shall 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. Florida Keys Land & Sea Trust FY 2011 Funding Contract I©#: 794 3 Photographs showing progress on project shall be included in any payment request. The Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. c) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2011. Invoices received after September 30, 2011 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed form with the appropriate invoice to the TDC Administrative Office. Real property acquired or improved through funding under this Agreement shall remain dedicated for the purposes set forth herein or for other purposes which promote tourism and ownership of said property shall be retained by the Grantee. The following terms shall apply: (i) The Grantee shall have the use of the property, including both realty and personalty acquired with funding under this agreement, at the project site for so long as the facility is operated by Grantee, open to the public, and has a primary purpose of promoting tourism. At such time as any of the conditions in the preceding sentence shall cease to exist, the Grantee shall transfer ownership and possession of equipment and personal property to a local government or another not -for -profit organization which is a facility for which tourist development taxes may be used pursuant to Florida Statute with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist -related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding. This provision shall survive the termination date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non -tourist related purpose occur after the facility has been used for tourist -related purposes for at least three (3) years, the amount of refund shall be pro -rated based on a useful life often (10) years. Florida Keys Land & Sea Trust FY 2011 Funding Contract ID#: 794 4 (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS. The Grantee 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it 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 Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. (a) Public Access. The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee 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 Grantee 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Florida Keys Land & Sea Trust FY 2011 Funding Contract ID#: 794 -n 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee 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 Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it 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 County. 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. 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 harmless/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 suit, claim or action made 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 property 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: Florida Keys Land & Sea Trust FY 2011 Funding Contract ID#: 794 A 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. f) Right to Audit. 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of Florida Keys Land & Sea Trust FY 2019 Funding Contract lD#: 794 7 such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee 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 TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor 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. 12. TERMINATION. This Agreement shall terminate on September 30, 2011. 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 Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Florida Keys Land & Sea Trust FY 2011 Funding Contract ID#: 794 3 contained to be kept and performed by Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. Florida Keys Land & Sea Trust FY 2011 Funding Contract lD#: 794 9 (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee 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 Grantor 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. 18. AUTHORITY: Grantee 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 Grantee Florida Keys Land & Sea Trust FY 2011 Funding Contract ID#: 794 10 below certifies and warrants that the Grantee'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 Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee 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: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor 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. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-]ariaMo�ounty- FL.Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacini at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Florida Keys Land & Sea Trust FY 2011 Funding Contract ID#: 794 W Clerks office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract (certificate only for worker's compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: John Henderson PO Box 500536 Marathon, FL 33050 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either Florida Keys Land & Sea Trust FY 2011 Funding Contract lD#: 794 12 shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Florida Keys Land & Sea Trust FY 2011 Funding Contract 1D#: 794 13 ,,..'VITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Date: Date: OR TWO WITNESSES (1) �,,vOcw� 0001 nfl (1) 1,.�UiY,�C1CJ�.(1 Print Name Date: `�' �A' kO Florida Keys Land & Sea Trost FY 2011 Funding Contract ID#: 794 (2)_Ail Print Date: 1 9 t IZ1010 14 Board of County Commissioners of Monroe County Mayor/Chairman Florida Keys Land & Sea Trust, Inc. By Print Name /� 11V P MO OE COUNTY ATTORNEY M :'RO7RO ED;A TAM l: YNTHIA L. ALL ASSIS ANT COUNTY ATTORNEY Date 0 �/-, - 1 (11 0 E E 0- u Jo- 0 r- 0 0 c U 0 := oft CL E 0 E : u th '0 0 E 0-0 E 0 0. E 0 L U 0 0 Q 2 E CL Ear C V) H 0 z -0S2E. LU 0 X a tt: 0 0- o 4 0 LU V) U- 0 ry z 4) c UJ 0 "a co U E U, 0 () U z Z 'o .-C C) C 6 0 LO C14 (Y) 0 O 0 0 Ul D > 4- 0 O D 70 u C) q C) C) C) L-6 10 u 0 .... ... ... V) 0 0 Q) o, o Q) Q) .C: U Q O C: a) 0 U3 U o a U 0 u 8 Q 0 E 0 -0 c)) Q) E c Z Q) - u t; < Q) 0 0 Q) 0 u u � Q) — F) 0 0 Q ") 0 0 E u .0 -0 0 C) Q-0 0 U a) o r-, a 5 o u QI BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20 2010 Division Bulk Item: Yes X No _ Department: TDC Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of Fishing Umbrella event agreements for FY 2011 as per attached spreadsheet totaling $265,425. ITEM BACKGROUND: In order to reduce the vast quantity of paperwork we request your approval of the fishing events outlined on the attached spreadsheet wherein the amount of the agreements; the dates of the events; TDC approval; and routing checklists are provided. PREVIOUS RELEVANT BOCC ACTION: At the meeting of April 19, 1995 the BOCC approved TDC's reduction of repetitive paperwork wherein TDC would provide a summary of event(s) funding information. A boilerplate Fishing event agreement is attached for your information. CONTRACT/AGREEMENT CHANGES: The attached are all new contracts STAFF RECOMMENDATIONS: Approval TOTAL COST: $265,425 BUDGETED: Yes X No COST TO COUNTY: $265,425 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: DISPOSITION: Included X Not Required, AGENDA ITEM # Revised 11/06 zs >>ooaaa000000000o--------------------- P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P L N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 CO CO (D (D (D (D co (o (D (D (D (D (o (D (D (o (o (o (D (o (o co (D (D (D (D (D (D (D (D co 0 0 (o co co (u o 0 0 0 0 0 0 o a o o a o N a o o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �MOOOOaONOCs000Cta000000000000tt�Ot()00000 Li) -p V O �t aR co 6q M QF, Ln M (fl aR L(7 P O P N (f} -- 01, fO P SPA (f} �L( V M (13 rdA' v! 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O = M -p b C C O co -O (Ln w= 0 C s (o r) to a) F— C O L— O C C F— a) C� -�-. 06 co -p 7o O N (o LL C 5 .I d L ca "t3 E (o co "('S a) U U Z m N O (Q O L O N �S_ O O O U J O U) o L L C Y (o '� V F— (n O L O U N = a) O C O C C— C p L a) C ns O ns O i (4 O C p 0 E E � cn EY E a...U) �� o� o co o•0 cots �o- E`��m E E as E Q Q _0 Ci W C N `so'YY(n�mU ca U NS�Z0L.LFm0-j U L L •p ZS L U e ��-DDY=� L '�"' NCc .Q 0 �m� C U L C C O U C U L O C U O t M — C O C (} O F— U c L U N co Y 0 U C p N a) y O a) C to o C C N C EO LL U C co C d J J � N N N�� U U Q N c Q E O to 06 — 0 m U E F— U U L 'O O O i U (� LL U .Q O U a) L N m U —I U) C p C U L a) O m m S` C ca C L 0 0 0 ~ C C O N N :n N �3 O~ LL E N (6 O 0 2 O O O 0 L 0 O 0 O— 0 a) O O C O Mn LL OL C a) p C L "J d C C .0 to C (tj C (p C O p (n L (6 .0 i (o p O U L N C O C O C C d p 'C U C p •i U C U C m .0 .0 N> C "O L (� -0> E •O N O O �• '� > .. RS (o " (o N L U C L L L E .O E Cc Mii �'�d c i odd0 LU N rv_mml—=(D co .0 C > U cod C Od C O C O U-0U cc C� 00NF— oCO >Os�nYL�-oo�CNYcoasa) as a) CC a)av a)— � asaoo�1 oQ as E L o (Da)E E N 'S E E O .� o VJ N � m C '� L U O N �S L o LL O N C O F ° a) ° N N E co L U C L. co i- U (o Co L O a) T3 (0 N m a) E cOn L C L S`' E U) L i = O E (o o — ulF— E (o N E co L C a) X E" (0 0 (o n3 L as X L (o L O (o L L> O (o O L (o L (o O as L N p— o N N +-' CIF—Y=I—UI—UF—I— p L O a) L a) o C (o C N C M L a) C as L U F— Ye uiW —I— UU W5UUt, c052CDl—Y� THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political subdivision of the State of Florida ("County"), and ("Event Sponsor") on this day of , 2010. WHEREAS, Florida Keys Fishing Tournaments, Inc., the umbrella organization under contract to the County, has recommended to the Monroe County Tourist Development Council (hereinafter "TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Sponsor; and WHEREAS, Event Sponsor has represented and agreed that it desires and is able to conduct the event; NOW, THEREFORE; in consideration of the mutual promises contained herein, the parties agree as follows: 1. County shall pay a sum not to exceed $ (Number of Dollars) for promotion and related expenditures effective October 1 2010, as described in the event budget, attached hereto as Exhibit "D", for production of the (Name of Tournament and date of Tournament) ("Event"). No amendments shall be made to Exhibit "D" after approval of contract. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department within ninety (90) days of the conclusion of the Event. Funding under this agreement terminates ninety days after the conclusion of the Event. The advertising and promotion budget for County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non -allocated section of the Event budget shall not exceed 15% of the total budget and may be utilized for unforeseen allowable expenditures and for those budget lines that may require additional funds, according to County guidelines. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. In a situation where the Event has to be postponed due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the Event Sponsor shall have thirty (30) days to provide to Florida Keys Fishing Tournaments, Inc. notice of a new date for the Event, and shall produce the re -scheduled Event within ninety (90) days of the original date of Event. The rescheduled date shall be authorized, in writing, by The Florida Keys Fishing Tournaments, Inc. and forwarded to the Tourist Development Council administrative office to be processed in the form of an Amendment to this Agreement. If the Event Sponsor is unable to reschedule the Event, the Event Sponsor shall provide proof of the cancellation being caused by a named storm or hurricane, and a written statement as to why the Event cannot be rescheduled. If the Event is cancelled or rescheduled due to a named storm or hurricane for which the County orders a visitor and/or resident evacuation order, the County shall pay for promotion or related expenditures of any combination of invoices for the original event date, and/or the Fishing Umbrella Funding FY 2011 Contract ID#: rescheduled date up to the amount, but not to exceed the amount of funds allocated as described in the budget, attached hereto as Exhibit D 3. Event Sponsor shall provide promotion and related services as described in the Sponsor's Schedule of Events, Exhibit "C", attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. The agencies of record, shall receive payment of work in progress upon submission of documented invoices associated with the Event. Event Sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2011. Event Sponsor also understands that the funding process through which this Agreement is made available by County requires event sponsors to submit their payment requests within ninety (90) days of the conclusion of the event. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the Event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist -based economy, Event Sponsor agrees to submit within ninety (90) days of the conclusion of the Event all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any invoices received by the County after insert date of 90 days after lastday of Event . A list of Acceptable Event Marketing Expenses is attached to the contract as Exhibit "A". 4. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Event Sponsor agree that neither the County nor the Event Sponsor or any agent, officer, or employee of either, shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. 5. Event Sponsor shall reimburse County for any amount of funds expended by County in connection with the Event if it does not occur as a result of any act or omission by Event Sponsor. 6. Indemnification: Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt Corporation (Visit Florida Keys), their officers, employees and agents from any and all claims for bodily injury (including death), personal injury, and property damage (including properly owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. 7. Claims and Venue: Event Sponsor agrees to notify County immediately of any claims suits, or action made against the Event Sponsor that is related to the activity under this agreement, and will cooperate with County in the investigation arising as a result of any action, Fishing Umbrella Funding FY 2011 Contract /D#: IN suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement shall be in accordance with the laws of the state of Florida in the 16 th Judicial Circuit for Monroe County; venue shall be in Monroe County, Florida. 8. Event Sponsor shall maintain records pursuant to generally accepted accounting principles for four (4) years after the Event and shall permit County and its agents and employees access to said records at reasonable times. 9. County may terminate this agreement without cause upon providing written notice to Event Sponsor no less than sixty (60) days prior to the Event and may terminate for breach upon providing to Event Sponsor notice at least seven (7) days prior to the effective date of the termination. 10. Event Sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 11. Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its 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 contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 12. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing below, Event Sponsor warrants that he/she/it is not in violation of this paragraph. 13. Logo: Logo Usage guidelines are attached to this contract as Exhibit "B". All promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in April, 2010. In -County Logo: The logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, Fishing Umbrella Funding FY 2011 Contract ID#: clarification and/or logo in electronic format (.eps or jpg file), contact Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. Out of County Logo: The out of county logo does NOT include the "Monroe County Tourist Development Council" designation and is to be utilized in all other efforts including any approved out -of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets, and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps. Or jpg file), contact John Underwood at Tinsley Advertising at 305-856-6060. 14. Event Sponsor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Vendor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. IN WITNESS WHEREOF, the parties have executed this Agreement, effective the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name OR (1) Witness Print Name (2) Witness Print Name Fishing Umbrella Funding FY 2011 Contract ID#: Board of County Commissioners of Monroe County a Mayor/Chairman President/Event Sponsor Print Name Date: 4 Acceptable Event Marketing Expenses for Fishing Events ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (UmbnaUa/DisthotAdvisory Committees (OAC) and Event Coordinators to keep apprised of all Monroe County Tourist Development Council's policies and procedures pertaining to event funding. 01/22/92 When DAC event proposals are received, they will be distributed to OACafor review and recommendations to the TDC. Upon approval of the TOC of any event funding reooDlnnaOdodona. a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, oadetermined within the RFP, will not be accepted. TDC 7/21/93 This policy mirrors that of the Board of County ConnrniaaioOara. B{}CCS/8/93 EVENT FUNDING: The TDC has established several oataoorkaa of events that may receive funding. There are four categories of events that may receive funding from the TOC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist Development Council. TDCfunded items are NOT tobasold. 9V14/94 Only the items listed will be reimbursed for the described events. All event coordinators will receive a reimbursement/direct payment packet that includes onexecuted copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. Noindividual applications for Event funding will beconsidered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing & Diving). 7/26/95 Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/19/10) FISHING EVENTS: Media Placement & Production Costs: newspaper; magazines, radio; TV; website/intemet advertising Signs:Promotional posters and banners Items:Promotional T-shirts; hats; jackets; kooziecupa; trophies/awards (Fishing Tournaments only) ' Refer to So|as/Reg@|egtatement. Promotions:Direct Mail brochures and pamphlets including postage/shipping . This is o direct nnoi| promotional brochure/pamphlet utilized for pre -event advertising. Fishing Umbrella Funding FY2UY1 Contract ID#: Programs: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Public Relations: Public relations expenses that are approved by public relations agency of record. ' TROPHIES: framed art work, framed photography, engraved crystal and glass, plaques, trophies, sculptures (fiberglass, metal, glass & wood) and framed certificates shall constitute a trophy. All such trophies must include the appropriate information as outlined in the policies (tournament name, date, and location). 9/14/94 For TROPHY reimbursement, Tournament Directors must present the original invoice of the trophies, a notarized list of winners of the event, and a notarized list of the plates and/or glass etching from the engraving company. 8/20/03. 2 ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. BOCC 5/16/06 SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as such may not be sold. 09/14/94 Fishing Umbrella Funding FY 2011 Contract ID#: on Logo/Acknowledgement Usage Guidelines For Fishing Events BOCC 4/21/10 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" Trophies: Logos are not required on trophies. In -County Logo The below logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. Te F1oriddKe,%-rQ & Keyest come as you are MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation is to be utilized in all other efforts including any approved out -of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. Fishing Umbrella Funding FY 2011 Contract ID#: The FloriddKexlq 7 & Ke �est come ds you dre' 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Tammie Gurgiolo Contract # TDC ID#: 734 Effective Date: 10/1/10 Expiration Date: 3/13/11 Contract Purpose/Description: Approval of an Agreement with Tammie Gurgiolo covering the Don Gurgiolo Sailfish Classic in December, 2010 in an amount not to exceed $4,3 00, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 Z:, (Name) for BOCC meeting on 10/20/10 (Ext.) (Department/Stop 9) enda Deadline: 1015110 I CONTRACT COSTS I Total Dollar Value of Contract: $ 4,300 Current Year Portion: $ Budgeted? YesM No F-1 Account Codes: 115-75022-530340-TF15-355-X-530480 Grant: $ 115-75022-530340-TF15- 355-X-530410 County Match: Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes WaaNeeded Division DirectorYes❑ Noa Risk Manag ment 0 YesEl No[�� AA O.M.B./Purchasing YesF-j NoF-1 County Attorney YesF-j No I Comments: )MB Form Revised 2/27/01 MCP 92 C.Hall etc. Date MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Islamorada Charterboat Contract # Association, Inc. Effective Date: Expiration Date: TDC ID#: 707 10/1/10 3/6/11 Contract Purpose/Description: ADoroval of an Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Sailfish Tournament in December, 2010 in an amount not to exceed $8 000, FY 2011 Two Penn Fig Umbrella Funding Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) I for BOCC meeting on 10/20/10 Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 8,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15- 258-X-530480 Grant: $ 115-75022-530340-TF15- 258-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW salaries, etc. Changes Date Out Z/T,'Needed eDivision Director Yes❑ No K a Risk Management Yes❑ No _ -£ O.M.B./Purchasing Yes❑ No County Attorney Yes❑ No C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tammie Gurgiolo Contract # Effective Date: Expiration Date: TDC ID#: 737 10/1/10 3/20/11 Contract Purpose/Description: _Approval of an Agreement with Tammie Gurgiolo covering the Islamorada Junior Sailfish in December, 2010 in an amount not to exceed $3,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: for BOCC Maxine Pacim (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 3,000 Current Year Portion: $ Budgeted? YesM No ❑ Account Codes: 115-75022-530340-TF15-089-X-530480 Grant: $ 115-75022-530340-TF15-089-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Division Director D e Needed Yes❑ No Reviewe — Risk Management U . i ,. Yes❑ No ,' q O.M. Yes❑ Not .lPurchasing County Attorney LIP YesF-]Noa C.Hall Comments: 0MR Form Revised 2/27/01 MCP MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Fishing Contract # TDC ID#: 730 Tournament, Inc. Effective Date: 10/1/10 Expiration Date: 2/28/11 Contract Purpose/Description: Approval of an Agreement with Key West Fishing Tournament, Inc. covering the Key West Fishing Tournament between December 2010 and November, 2011 in an amount not to exceed $35,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 35,000 Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 115-75022-530340-TF15-056-X-530480 Grant: $ 115-75022-530340-TF15- 056-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director e I Needed 'r YesE] NoD' 4 Risk ManZe \0 Yesf-� NOE,' U' O.O/B./P c h --(AW (0 YesF❑ No County Attorney i YesE] No C.Hall Comments: UMB norm Kevised 212710 1 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tammie Gurgiolo Contract # TDC ID#: 735 Effective Date: 10/20/10 Expiration Date: 4/9/11 Contract Purpose/Description: Approval of an Agreement with Tammie Gurgiolo covering the Key Largo Sailfish Challenge in January, 2011 in an amount not to exceed $6,000. FY 2011 Two Penny Fishing_ Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 6,000 Current Year Portion: $ Budgeted? YesM No ❑ Account Codes: 115-75022-530340-TF15- 301-X-530480 Grant: $ 115-75022-530340-TF15- 301-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance CONTRACT REVIEW Changes Dte Needed Division Director Yes[:] No Risk Manag meant Yes❑ No ,/: i O.I.B./Purch sing 41110 Yes❑ No t salaries, etc. Date Out evieq- zz A P 3 J # F County Attorney YesQ No[2 C.Fiall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Murray Marine,lnc. Contract # TDC ID#: 709 Effective Date: 10/20/10 Expiration Date: 4/23/11 Contract Purpose/Description: Approval of an Agreement with Murray Marine, Inc. covering the Key West Harbour King Mackerel Tournament in January, 2011 in an amount not to exceed $15,000, FY 2011 Two Penning Umbrella Funding_ Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 15,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-659-X-530480 Grant: $ 115-75022-530340-TF15- 659-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: (eg. maintenance, CONTRACT REVIEW Changes DNeeded �e Division Director Ofz�p Yes❑ NoD Risk Manament Yes❑ Nol O.M.B./PurAsing 0 Yes❑ Nof�-] County Attorney 41:L- LIP Comments: OMB Form Revised 2/27/01 MCP #2 Yes❑ NoD C.Hall etc. Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Executive Adventures Contract # TDC ID#: 715 LLC Effective Date: 10/2/10 Expiration Date: 5/13/11 Contract Purpose/Description: Approval of an Agreement with Executive Adventures, LLC covering, the Sailfish Open in February, 2011 in an amount not to exceed $ 10,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 10,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-660-X-530480 Grant: $ 115-75022-530340-TF15- 660-X-530410 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $-/Yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. I CONTRACT REVIEW I Changes D ten Needed ET Division Director YesF-1 No Risk Manag ment ri YesF-1 No O.M.B./Purching Yes❑ Non Date Out County Attorney YesEl No[ C.Hall ./J 0 I Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Tammie Gurgiolo Contract # TDC ID#: 736 Effective Date: 10/20/10 Expiration Date: 5/7/11 Contract Purpose/Description: A-onroval of an Agreement with Tammie Gurgiolo covering the Islamorada Women's Sailfish in February, 2011 in an amount not to exceed $2,200, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) I for BOCC meeting on 10/20/10 (Ext.) (Department/Stop 9) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 2,200 Current Year Portion: $ Budgeted? YesM No ❑ Account Codes: 115-75022-530340-TF15-260-X-530480 Grant: $ 115-75022-530340-TF15-260-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director to In Needed Yes[:] No Reviewer V Risk Management 6L'_ 1 10 YesF❑ NoC] AA O.M.B./Pu HiD YesF-� No L, chasing County Attorney 44LO YesF1 No C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tournament Consultants Contract # Effective Date: Expiration Date: TDC ID#: 722 10/20/10 5/27/11 Contract Purpose/Description: Approval of an Agreement with Tournament Consultants covering the Backcountry Fly Championship in February, 2011 in an amount not to exceed $ 1,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-631-X-530480 Grant: $ 115-75022-530340-TF15- 631-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Die In Neede Division Director YesF-1 N Risk Manag ent 1,111 YesF❑ N O.NW/Purchasing YesEl N County Attorney 0 YesF-1 No[g-- - C.Hall I Comments: OMB Form Revised 2/27/01 MCP #2 Date Out N MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Captain Terry Fisher Contract # Effective Date: Expiration Date: TDC ID#: 739 10/20/ 10 6/4/ 11 Contract Purpose/Description: Approval of an Agreement with Captain Terry Fisher covering the Capt. Leon Shell Memorial Sailfish Tournament in March 2011 in an amount not to exceed $10,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 10,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: _ 115-75022-530340-TF15- 354-X-530480 Grant: $ 115-75022-530340-TF15-354-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW Changes anitorial, salaries, etc. D Needed eview7___ Division Director Yes❑ No Risk Management Yes❑ NoE] F 5� O.M.B./Purchasing ��1� Yes❑ No County Attorney lo Yes❑ No C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 Date Out 6A"�v MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Charlotte Ambrogio Contract # TDC ID#: 741 Effective Date: 10/20/10 Expiration Date: 7/7/11 Contract Purpose/Description: Approval of an Agreement with Charlotte Ambrogio covering the Islamorada All - Tackle Spring bonefish Tournament in April, 2011 in an amount not to exceed $1,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-475-X-530480 Grant: $ 115-75022-530340-TF15- 475-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: For: (Not included in dollar value above) (e,-. maintenance, utilities, janitorial, salaries, et CONTRACT REVIEW Changes Date Out Dken Needed view Division Director Yes❑ NoEr'� Risk Management Yes❑ NOE�r. 01./Purcia&ng _L�jk> Yes❑ No County Attorney 44-i4v YesF-j No[a' C.Hall I Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Executive Adventures Contract # LLC Effective Date: Expiration Date TDC ID#: 716 10/20/10 Contract Purpose/Description: Ai)Droval of an Agreement with Executive Adventures, LLC coverim4 the World Sailfish Championship in April, 2011 in an amount not to exceed $45,000, FY 2011 Two Penn Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop I for BOCC meeting on 10/20/10 Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 45,000 Current Year Portion: $ Budgeted? Yes® No [-I Account Codes: 115-75022-530340-TF15-426-X-530480 Grant: $ 115-75022-530340-TF15- 426-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW ilities, janitorial, salaries, etc. Changes Date Out Division Director Dhtelln Needed YesE] Noa' e7 Risk Management Yes Fj Noc] J-vu O.M.B./Pur ainXg /0 YesF-j Nof� 2Z County Attorney f '97 61:L/I L YesE-j No® C.Hall 0 Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Marathon Offshore Bull & Contract # Cow Dolphin Tournament, Inc. Effective Date: Expiration Date: TDC ID#: 732 10/20/10 7/31/11 Contract Purpose/Description: ADDroval of an Agreement with Marathon Offshore Bull & Cow Dolphin Tournament Inc. covering the Marathon Offshore Bull & Cow Dolphin Tournament in April and May. 2011 in an amount not to exceed $3,000, FY 2011 Two Penny Fishing Umbrella Funding. I Contract Manager I for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 3,000 Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 115-75022-530340-TF15-700-X-530480 Grant: $ 115-75022-530340-TF15- 700-X-5330410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes D teIn Needed Division Director YesF-j NoEj Risk ManagFment �tj —1 YesF❑ No4tj O.M.B./Purchasing 10 YesF-j NoF/I County Attorney Yes❑ No[]' I Comments: OMB Form Revised 2/27/01 MCP #2 C.Hall Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Coral Shores Athletic Contract # TDC ID#: 705 Booster Club, Inc. Effective Date: 10/20/10 Expiration Date: 7/31/11 Contract Purpose/Description: Approval of an Agreement with Coral Shores Athletic Booster Club, Inc. covering the Nick Sheahan Dolphin Rodeo in April and May, 2011 in an amount not to exceed $4.425, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 4,425 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-701-X-530480 Grant: $ 115-75022-530340-TF15-701-X-530410 County Match- $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director In D t I ,;� Needed I e', weir -- - Yes❑ NOE3---,- Risk Management V Yes O.Q./Purcacg YesF-jNo _j440 County Attorney f Yes F-]Noa Comments: OMB Form Revised 2/27/01 MCP #2 C.Hall . W MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I Contract with: CONTRACT SUMMARY Charlie's Coconuts, LLC Contract # Effective Date: Expiration Date TDC ID#: 731 10/20/10 8/20/11 Contract Purpose/Description: ADDroval of an Agreement with Charlie's Coconuts LLC coverinL, the Coconuts Dolphin Tournament in May, 2011 in an amount not to exceed $15,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini -3 5 2 3. TDC # 3 (Name) (Ext.) (Department/Stop #) I for BOCC meeting on 10/20/10 Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 15,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-075-X-530480 Grant: $ 115-75022-530340-TF15- 075-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg. maintenance, ilities, janitorial, salaries, etc. I CONTRACT REVIEW I Changes Needed Division Director W/,,�YesFl No Risk Management Yes❑ No jf�j Vi f O.M.B./PurchAing 110 YesF-1 No County Attorney Lo YesO Nol-11IT" I Comments: OMB Form Revised 2/27/01 MCP #2 C.Hall Date Out � h P MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Florida Keys Triple Slam Fishing Tournament Contract # Effective Date: Expiration Date: TDC ID#: 696 10/20/10 8/20/11 Contract Purpose/Description: Approval of an Agreement with Florida Keys Triple Slam Fishing Tournament covering the Florida Keys Triple Slam Fishing Tournament in May, 2011 in an amount not to exceed $5,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: tn Maxine Pacini (Name) for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 5,000 Budgeted? Yes® No ❑ Account Codes Grant: $ County Match: $ Current Year Portion: $ 115-75022-530340-TF15-699-X-530480 115-75022-530340-TF15-699-X-530410 ADDITIONAL COSTS Estimated Ongoing Costs: $-/Yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes De Needed Division Director Yes❑ NoD Risk Management Yes F-1 No 0 LA A'vO. �Vrz - /T)11rf'WqQ;n (I'll Itk 110 V�-Q F❑1 NoI L 1 County Attorney 0 YesF-J No[D' I Comments: OMR Form Revived 2/27/01 MCP #2 C.Hall Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: David Breznicky Contract # TDC ID#: 742 Effective Date: 10/20/10 Expiration Date: 8/2/11 Contract Purpose/Description: Approval of an Agreement with David Breznicky covering the Tarponian Tournament in May, 2011 in an amount not to exceed $3,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 zn I CONTRACT COSTS Total Dollar Value of Contract: $ 3,000 Budgeted? Yes® NoF-1 Account Codes Grant: $ County Match: Current Year Portion: $ 115-75022-530340-TF15-580-X-530480 115-75022-530340-TF15- 580-X-530410 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (ea. maintenance, utilities, CONTRACT REVIEW Changes Date In Needed Reviewer Division Director YesE1NoET-"',----/1 Risk Management Yes❑ No �i` v O.M.B./P Aing 10 YesF]NoN1 I County Attorney Comments: 644o YesF-j No[D C.Hall OMB Form Revised 2/27/01 MCP #2 etc. Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Golden Fly Invitational Contract # Tarpon Tournament, Inc. Effective Date: Expiration Date: TDC ID4: 720 10/20/10 8/23/11 Contract Purpose/Description: Annroval of an Agreement with Golden Fly Invitational Tarpon Tournament, Inc. covering the Outback Golden Fly Tarpon Tournament in May, 2011 in an amount not to exceed $1.000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 115-75022-530340-TF15-262-X-530480 Grant: $ 115-75022-5330340-TF15- 262-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW salaries, etc. Changes Date Out e Needed eviewer-- Division Director Yes[:] NoE]--- agement Yes❑-1 No Risk Man F t I N 4--- 0. MT/ P u r %C" al�i nI, �g W, Yes[] NoF111 County Attorney �114-0 Yes❑ No[ j — C.Hall I Comments: )MB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Marathon Bait and Contract # TDC ID#: 699 Tackle, Inc. Effective Date: 10/20/10 Expiration Date: 8/20/10 Contract Purpose/Description: Approval of an Agreement with Marathon Bait and Tackle, Inc. covering the Ladies Tarpon Tournament in May, 2011 in an amount not to exceed $2,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 2,000 Current Year Portion: $ Budgeted? Yes® No❑ Account Codes: 115-75022-530340-TF15-509-X-530480 Grant: $ 115-75022-530340-TF15- 509-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, to in Division Director Risk Manag ment . I O.M.B./PurchAing -0 County Attorney hkv Comments: OMB Form Revised 2/27/01 MCP 92 CONTRACT REVIEW salaries, etc. Changes Date Out Needed Reviewers YesF-j NoR YeSD No D/ 11i. ej'; I IL YesEl No YesO NoE]-- - C.Hall wafiv MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Marathon Bait and Tackle, Inc. Contract # Effective Date: Expiration Date TDC ID#: 698 10/20/ 10 8/5/11 Contract Purpose/Description: Approval of an Agreement with Marathon Bait and Tackle, Inc. covering the Marathon International Tarpon Tournament in May, 2011 in an amount not to exceed $3,000, FY 2011 Two Penny Fishing Umbrella Funding, Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/ 10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 3,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-508-X-530480 Grant: $ 115-75022-530340-TF15- 508-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out D Len Needed R i wer Division Director Yes❑ Noa ..�� Risk Manag ment o Yes❑ No l h i� O. ./Purchasing _ Yes❑ No <- County Attorney lo Yes❑ Noa C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Gold Cup Tarpon Tournament, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 721 10/20/11 9/22/11 Contract Purpose/Description: Approval of an Agreement with Gold Cup Tarpon Tournament, Inc. covering the Gold Cup Tarpon Tournament in June, 2011 in an amount not to exceed $1.000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) I for BOCC meeting on 10/20/10 Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 115-75022-530340-TF15-259-X-530480 Grant: $ 115-75022-530340-TF15- 259-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. rerel 64 a I .T-,Ta 8 1,] 1 LTA Changes D e n Needed e/piejw"er Division Director YesF-1 Noa Risk enter t Yes❑ Noo- ,:0 k O.M. Turchasing 10 YesF-1 N6EJ County Attorney 1 YesF-1 Nor--� C.Hall I Comments: OMB Form Revised 2/27/01 MCP 42 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Don Hawley Contract # TDC ID#: 725 Foundation, Inc. Effective Date: 10/20/10 Expiration Date: 9/8/11 Contract Purpose/Description: Approval of an Agreement with The Don Hawley Foundation, Inc. covering the Don Hawley Tarpon Tournament in June, 2011 in an amount not to exceed $1,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-256-X-530480 Grant: $ 115-75022-530340-TF15- 256-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW lities, janitorial, salaries, etc. Changes Date Out Division Director e Needed Yes❑ NoE eveer Risk Manag ment Yes❑ No[ f M O.M.B./Purchaing l Yes❑ No L w 4 i C County Attorney Yes❑ No[a C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Gators, Inc. Contract # TDC ID#: 726 Effective Date: 10/20/10 Expiration Date: 9/24/11 Contract Purpose/Description: Approval of an Agreement with Key West Gators, Inc. covering the Key West Gator Club Dolphin Derby in June, 2011 in an amount not to exceed $5,000, EY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 5,000 Current Year Portion: $ Budgeted? YesM No ❑ Account Codes: 115-75022-530340-TF15-064-X-530480 Grant: $ 115-75022-530340-TF15- 064-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes a Needed I 'I Division Director YesF-j No Risk Management LL.ILW YesF-j No O.M. ./Purcaing -�L4 f1c) Yes❑ No County Attorney 61 Yes[:] No®' C.Hall anitorial, salaries, etc. I Comments: OMB Form Revised 2/27/01 MCP 42 D —'; — -- 1 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY IContract with: Lower Keys Chamber Of Commerce, Inc. Contract # Effective Date: Expiration Date TDC ID#: 714 10/20/10 Contract Purpose/Description: Approval of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Dolphin Tournament in June, 2011 in an amount not to exceed $9,000, FY 2011 Two Penny Fishing Umbrella Funding, I Contract Manager: Maxine Pacini (Name) I for BOCC meeting on 10/20/10 3523 —TDC 4 3 (Ext.) (Department/Stop genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 9,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-079-X-530480 Grant: 115-75022-530340-TF15-079-X-530410 County Match: Estimated Ongoing Costs: $ (Not included in dollar value above ADDITIONAL COSTS ./yr For: Changes D e n Needed Division Director Yes❑ No[d' Risk Mana ment i')"I f YesF-1 N<:J/ 0. B./Purc M �'j h YAing es❑ Noo County -Attorney Yesr-1 NoEEJ� I Comments: OMB Form Revised 2/27/01 MCP C.Hall salaries, etc.) Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Islamorada Charter Boat Contract # TDC ID4: 733 Association, Inc. Effective Date: 10/20/10 Expiration Date: 9/3/11 Contract Purpose/Description: Approval of an Agreement with Islamorada Charterboat Association, Inc. covering the Islamorada Dolphin Tournament in June, 2011 in an amount not to exceed $5,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 5,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-657-X-530480 Grant: $ 115-75022-530340-TF15- 657-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/Yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes D e n Needed Division Director YesD Noa 0 Risk Management, YV YesF❑ No O."./Purchling (-014P YesF-1 NoE1-- County Attorney Yes❑ NoEr C.Hall I Comments: OMR Form Revised 2/27/01 MCP #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Interselect, Inc. dba Contract # TDC ID#: 740 Burdines Waterfront Effective Date: 10/20/10 Expiration Date: 9/24/11 Contract Purpose/Description: Approval of an Agreement with Interselect, Inc. dba Burdines Waterfront covering the I 11h Annual Dolphin & Blackfin Tuna fun Fishing Tournament in June, 2011 in an amount not to exceed $2,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop 4) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 2,000 Current Year Portion: $ Budgeted? Yes® NoFj Account Codes: 115-75022-530340-TF15-696-X-530480 Grant: $ 115-75022-530340-TF15- 696-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, etc. CONTRACT REVIEW Changes Date Out Division Director D,ftejn Needed Yes[:] NoD, -'Revjewe Risk Management O. " /PurchAsing �4j410 Yes No[13/ YesF-1 No 1% V J" County Attorney s YesE] NoET C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Professional Firefighters Contract # TDC ID#: 697 Of Monroe County I.a.F.F. Effective Date: 10/20/10 Local 3909 Expiration Date: 10/22/11 Contract Purpose/Description: Approval of an Agreement with The Professional Firefighters of Monroe County I.A.F.F. Local 3909 covering the Dolphin Flashover in July, 2011 in an amount not to exceed $2.000, FY 2011 Two Penny Fishing Umbrella Funding_ Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 2,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-582-X-530480 Grant: $ 115-75022-530340-TF15-582-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes D e Needed Division Director Yes❑ No Risk Management A (0 Yes❑ NoEa O.M. ./Purchasmg Yes❑ No County Attorney Yes❑ No I Comments: OMB Form Revised 2/27/01 MCP #2 C.Hall etc. Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Tournament Consultants Contract # Inc. Effective Date: Expiration Date TDC ID#: 723 10/20/10 10/25/11 Contract Purpose/Description: Approval of an Agreement with Tournament Consultants, Inc. covering the Del Brown Permit Tournament in July, 2011 in an amount not to exceed $1,500, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Benda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,500 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-404-X-530480 Grant: $ 115-75022-530340-TF15- 404-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director ZDa I Needed Yes ❑ NoF Rev er Risk Manage ent Yes❑ No[ Y "x i O.M.B./PurchasingA Yes[:] Not County Attorney Yes❑ NoEa C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Key West Marlin Tournament, Inc. Contract 4 TDC ID4: 727 Effective Date: 10/20/10 Expiration Date: 10/21/11 Contract Purpose/Description: Approval of an Agreement with Key West Marlin Tournament, Inc. covering the Key West Marlin Tournament in July, 2011 in an amount not to exceed $30,000, FY 2011 Two Penny Fishing Umbrella Funding. I Contract Manager: Maxine Pacini (Name) I for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ .330,000 Current Year Portion: $ Budgeted? Yes® NoF-1 Account Codes: 115-75022-530340-TF15-302-X-530480 Grant: $ 115-75022-530340-TF15- 302-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/Yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes D to In Needed Division Director Yes❑ No Risk Maria ment Yes❑ No O.M.B./Purchasing 10 YesF-1 No County Attorney Yes❑ No[" C.Hall 4 I Comments: OMB Form Revised 2/27/01 MCP #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Herman Lucerne Contract # TDC ID#: 724 Memorial Foundation, Inc. Effective Date: 10/20/10 Expiration Date: 12/24/11 Contract Purpose/Description: Approval of an Agreement with Herman Lucerne Memorial Foundation, Inc. covering the Herman Lucerne Memorial Tournament in September, 2011 in an amount not to exceed $3,500, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 3,500 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: _ 115-75022-530340-TF15-633-X-530480 Grant: $ 115-75022-530340-TF15-633-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW etc. Changes Date Out Division Director Da I Needed Yes❑ No®'41 Revie -",- ' Risk Management 111,111111 ' Yes❑ No z a O.M. K Yes❑ No❑ .!Purchasing -- r County Attorney Yes❑ Nog C.Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Saltwater Angler Contract # TDC ID#: 706 Inc. Effective Date: 10/20/10 Expiration Date: 12/24/11 Contract Purpose/Description: Approval of an Agreement with The Saltwater Angler, Inc. covering the Saltwater Angler's Grand Slam in September, 2011 in an amount not to exceed $5,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3Z:� (Name) for BOCC meeting on 10/20/10 (Ext.) (Department/Stop #) enda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 5,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-705-X-530480 Grant: $ 115-75022-530340-TF15- 705-X-5310410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW utiliti etc Changes Date Division DirectorYes XDa Needed r❑ Nook, ie r'' Risk Manig ent z Yesr❑ No n' I /'Xf -N WT O.M.ry ./Pur'casking0 YesEl Non County Attorney 10 YesD No®- C.Hall X21 6 Comments: )MB Form Revised 2/27/01 MCP #2 M MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY � Contract with: Charlotte Ambrogio Contract 4 Effective Date: Expiration Date: TDC ID#: 719 10/20/10 12/15/11 Contract Purpose/Description: Approval of an Agreement with Charlotte Ambrogio covering the Islamorada Fall Fly Bonefish Tournament in September. 2011 in an amount not to exceed $1,000, FY 2011 Two Penny Fishing Umbrella Funding. Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15-430-X-530480 Grant: $ 115-75022-530' )40-TFI 5- 430-X-530410 County Match: $ Estimated Ongoing Costs: $ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW etc. Changes D e n 11, Needed R e,vcr- Division Director Yes F-1 NoD" I , � Risk Manag ment t 1�� YesNoNoCr, .�A O.M.B./Purchising _�L410 Yes❑ No County Attorney 140L.11- YesF-j NoZ C.Hall I Comments: umb torm Kevisea 6/2 //U I Mt_r TT1- Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Redbone, Inc. Contract # TDC ID#: 713 Effective Date: 10/20/10 Expiration Date: 12/10/11 Contract Purpose/Description: Approval of an Agreement with the Redbone, Inc. covering the Robert James SLAM Celebrity Tournament in September, 2011 in an amount not to exceed $6,000. FY 2011 Two Penn, Fishing ishing Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 6,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 115-75022-530340-TF15- 704-X-530480 Grant:$ 115-75022-530340-TF15-704-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out D I Needed Division Director Yes❑ No "Zz Risk Management k , Yes❑ N s Xi :4 O. . ./Purchasm . g �1� Yes❑ No[ A `- — County Attorney Yes❑ NoEf C.Hall / Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Charlotte Ambrogio Contract # TDC ID#: 718 Effective Date: 10/20/10 Expiration Date: 1/10/12 Contract Purpose/Description: Approval of an Agreement with Charlotte Ambrogio covering the Islamorada All Tackle Bonefish World Championship in October, 2011 in an amount not to exceed $ 1,000, FY 2011 Two Penny Fishing Umbrella Funding_ Contract Manager: —Maxine Pacini (Name) I for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 1,000 Current Year Portion: $ Budgeted? YesM No ❑ Account Codes: 115-75022-530340-TF15-263-X-530480 Grant: $ 11 5-75022-530340-TFI 5- 263-X-53041 0 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. I CONTRACT REVIEW I Changes D e Needed Division Director Yes❑ NoET' Risk Manag ment Yes❑ NoE O.M.B./Purchasing Yes❑ NoEl County Attorney 4-t1 6 Yes❑ No I Comments: FMB Form Revised 2/27/01 MCP 92 C.Hall Date Out A MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: The Redbone, Inc. Contract # Effective Date: Expiration Date TDC ID#: 711 10/20/10 1/7/12 Contract Purpose/Description: Approval of an Agreement with The Redbone, Inc. covering the Baybone Celebrity Tournament in October. 2011 in an amount not to exceed $9,000, FY 2011 Two Penny Fishing Umbrella Funding. 1 Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) I for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 9,000 Current Year Portion: $ Budgeted? Yes® NoFj Account Codes: 115-75022-530340-TF15-080-X-530480 Grant: $ 115-75022-530340-TF15- 080-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, CONTRACT REVIEW Changes Division Director ��-o YesE] No RiskManagement 1111 J 1"I'L'.) YesF�No N a Management I O.Mk/pulhaling j_40 YesF-1 No County Attorney - (o YesF-]No® C.Hall I Comments: N etc. OMB Form Revised 2/27/01 MCP #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: The Redbone, Inc. Contract # TDC ID#: 710 Effective Date: 10/1/10 Expiration Date: 2/5/11 Contract Purpose/Description: Approval of an Agreement with The Redbone, Inc. covering the Redbone Celebrity Tournament in November, 2011 in an amount not to exceed $6,500, FY 2011 Two Penny Fishing Umbrella Funding. I Contract Manager: Maxine Pacini 11 znl (Name) (Ext. I for BOCC meeting on 10/20/10 TDC # 3 (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 6,500 Current Year Portion: $ Budgeted? Yes® No❑ Account Codes: 115-75022-530340-TF15-077-X-530480 Grant: 115-75022-530340-TF15- 077-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW utilities, janitorial, salaries, etc. Changes Date Out Division Director ;,e Needed YesF-1 No[n- ve �e �wfx Risk Manageent Yes[:] No V ust I O.M.B./P rc a ng jtj�D Yes No El ..... County Attorney 4/2;�v YesEl NoEl C.Hall I Comments: FMB Form Revised 2/27/01 MCP #2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20 2010 Division: TDC Bulk Item: Yes X No _ Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of Cultural Umbrella event agreements for FY 2011 as per attached spreadsheet totaling $486,812. ITEM BACKGROUND: In order to reduce the vast quantity of paperwork we request your approval of the fishing events outlined on the attached spreadsheet wherein the amount of the agreements; the dates of the events; TDC approval; and routing checklists are provided. PREVIOUS RELEVANT BOCC ACTION: At the meeting of April 19, 1995 the BOCC approved TDC's reduction of repetitive paperwork wherein TDC would provide a summary of event(s) funding information. A boilerplate Cultural event agreement is attached for your information. CONTRACT/AGREEMENT CHANGES: The attached are all new contracts STAFF RECOMMENDATIONS: Approval TOTAL COST: $486,812 BUDGETED: Yes X No COST TO COUNTY: S486,812 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: DISPOSITION: Included X Not Required AGENDA ITEM # Revised 11/06 0 w .G G w R 75 N W ts d00000000000000000000000000000000000 L� 004NCNN 04N —N NC N0 N N04 N0 N0 NC —NN N0 04N NN —N CN —N —N —NN CN —N NC N C-4 N 04 —NN =(000(0(0C00 C0C0(0(0C0C0C0C0(0C0C0C0C0C0C0C0(0(0(00000C0C00000(0C0C0C0 N N N (0---------- N N N N N N N N N N N N ----(0 N N N N N (0 N N — N — N — 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �000000 000000 r•ocor--(" 07NM000M000N 0)00(01l-GOOOC) W r-tl-000 coo 'IT for-P-OOo000E()00 0Ntl-0000000'700 Qi ML6t- 0 0 0 OW 1t7 .0 L6L 0 IT d d 00 — tf) O C) 'IT N C0 C 0 0 4V UN6s—(3NfF}—NNN<-- EA W.-OM W c4r-:L N CONCO �N W COtl•NNtd)0r-OeYcli (/}---N r-� N60,64—V _OO)Ef).- EACH W EA 64 E13 EA EA Eli Eli EA EA EA EA El} EA EA EA EA EA Eli El} EA EA EA {f} EA Q r O r �-.- r 00 00000000000000 `- •- — r- r •- O 0 O 0 N 0 .- NNOjNN NNNNNNNNNNNN �NNCV UN 00 ca5a)m �5 75 - + oa)ooa)ooa)00dd--1 — -� -- w 't U .L .L C — �' (1)Z > L L .Q U)UAa)UoU)U)v)v)u)U)UA d o� tLQ I i i i i l l l l l i l l i l l i l i i l I I I I 000000 00000000000000000000------ - — -- ..� r o 0 r 0 0 r 0 [� 0 r 0 0 - 0 P 0 r 0 r 0 r 0 r� 0 0 r 0 r 0 r 0 r 0 r 0 P 0 0 0 0 {� o r D !� o r 0 r 0 0 r 0 !� 0 r 0 r 0 C NCNNNNN CNNNNNNNNNNNNNNNNNNNNNNNNNNNN d . _ .. .. .. .. .. > > > > > > > U U U U C C C C C C M — w 000000000000000ZppZpZpZpZpZpZ0 a 0 0 v) U) E L N _ N LO L ca C j C O C d 0 W > O ca Cn C > W N @ C > co C W C U) 0 a W Q O to E M ctS (SS C L U/) N p to U O C m U)w a) O N N (a-2 U 3 W L C _ > a) U) 0 CD > O � O .> O to 0 U U) N U) O aUj .� �- -0U C in ca C o o U in W N > U o O L 0 0 O (a .L N O LLCL .- N .- O a) N p 0 U- V C U 11 (U6 U O N E w 0 0 _ 0 dO p;U) N o OIL oCD O N C� O U) to Ft > U- O C.L. to L ` U C� O 0 C 0 O Q U` In O~ a O 0 U� in d O N L O U O N O) N (6 70 UU 4 Od 0 O 0 N 0 (a 0 O 0 m U U> O O U (0 pU CD N C C C'E o C EiA> O 0 cn >p a) N a) W a) �- idLi.� SJ (Dn U p o C•��� E� �-. 0 Q p ca (a O "' m NO v) ON O .0 EU) UU).5'a pIL C U C �L L E E a) 0 0 0 0 O L oZS O O cu ��L Q (a (a a)> U a) O U.) (� L� U U 0 U) _ 0 L p m q> ^ LL (�0 V //cc t/ /� V) O U O U 0 >- (�) S C U O 0 •= d a) U l- CL t4 CL a) C-L " (l > ( cn , L cn � 0 11O CL m U (� < L U O 4- L 0 Y O Y U Y Z +-, ca N 'S o N o L N y g N 'S S' m (0q N L '� ca C •— C C 'o o 0 U ca Y 0 o Y N N N N ca � a) c 0 0 (n a) v S U w YY�Y�YtAY��YYdd tid'SQH�ZdytUiLL �Y YYdSIi U U C U C (a U C O C E U U O0) 0 C V U C U � O (a 'O W O U- O C C:CU C Cj U U C a) N U C U C: ' (a C 0� o �Y m o CO C V 0LL C p 0 CU c .2 d t00 � ti c U 0 U 0 C C o •� U) a> CO C C V (L6 U C U) L d a- 0 (n L U O U Y 0 Y 0 C 0 a) U N C 0 O a) L O C a) C O v L — .Q L O E y C — O 0 0 L- (a U_ (� to a) C =' �y to L 0 CL 0 rn 0 LL O m L CU C C CU C (0 C O p O E cz> >0 N �_ C cn 0 O> > 0 U (a � O 1 a) 0 U C U C O E 0 L 0 0 U= O ca (n ,m N 0= .0 y p a) (� E U Z C'0 0 U 0 p`_ a) L C C� � C U {/) L C U (a "O 0Q E. C .0 E Y U)S o U= °� (U o d E U 0 C .2 O V ca o 0 C S p E a) Y W Q U m �C)U(nL 0 wLZ DQ 'S (nU cad �n � U Ud (nQS'm5� 0 0 o�dmW U U 0 C °c o 070 Eti c3 N a) a) in 0 Y p 0 O CD C Ud��inininY 0Y Y ca w N> >o ca Q U)>Ym�>LL> >N a) ca a) >0 0 >o ca ca °>>� 3: N E O7 .� L J o t4U �a 0 0 OLD'>>> a) a>) a>) a>) � O -0 O ��� 0 a) O O 0 L L O U m 0 0 a) a) C t3 S 0 a) C C N L a) C a) C a) vUAdtiLLY ca .� o O -jdZa. o O ca o— 0LLZ5F-YYvdJti Y ca L o 0 0 ._ p o THIS AGREEMENT is made and entered into by and between Monroe County, Florida, a political subdivision of the state of Florida ("County"), and ("Event Sponsor") on this day of 2010. WHEREAS, the umbrella organization under contract to the County has recommended to the Monroe County Tourist Development Council ("TDC"), which has endorsed the recommendation, that certain monies be allocated for promotion of an event by Event Sponsor; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Amount: County shall pay a sum not to exceed $ ( Dollars) effective October 1, 2010 for promotion and related expenditures, as described in the event budget, attached hereto as Exhibit "D", for production of the between 2010. No amendments shall be made to Exhibit "D" after approval of contract. Payment will be made only after Event Sponsor submits invoices and support documentation acceptable to the County's Finance Department. The advertising and promotion budget using County funding may be altered as to the individual line items, or components, within 10% of the amount stated for that item or component, without increasing the total dollar amount and without requiring a written amendment to this agreement. The general non -allocated section of an Umbrella event budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the County. 2. Duties of Event Sponsor: Event Sponsor shall provide promotion and related services as described in the Schedule of Events, Exhibit "C", attached hereto. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the TDC and County. 3. Invoicing: A list of Acceptable Event Marketing Expenses is attached to the contract as Exhibit "A". The contracted agencies of record shall receive payment of work in progress upon submission of documented invoices associated with the event. Event sponsor fully understands that funding is obtained from tourist development taxes for which the fiscal year ends September 30, 2011. Event sponsor also understands that the funding process through which this contract was made available by County requires event sponsors to submit their payment requests as quickly as possible and to finalize all such requests before the end of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized most effectively for the purpose for which they were authorized, attracting and promoting tourism, the budgeting process of the County requires the event's funding to be concluded in a timely manner. In recognition that the timeliness of payment requests is of extreme importance to the funding of future advertising and promotion for the stability of the tourist -based economy, Event Sponsor agrees to submit by September 30, 2011, all invoices and support documentation as required by the County's Finance Department rules and policies. Event Sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid directly for any Cultural Umbrella Funding FY 2011 Contract lD#: 1 invoices received by the County after September 30, 2011, except that for events with promotional expenditures incurred between July 1 and September 30, 2011, invoices must be submitted within ninety (90) days of the conclusion of the event. 4. Reimbursement to County: Event Sponsor shall reimburse County for any amount of funds expended by County in connection with an event which does not occur as a result of any act or omission by Event Sponsor. 5. Indemnification: Event Sponsor covenants and agrees to indemnify and hold harmless Monroe County, the Tourist Development Council, the 3406 North Roosevelt Corporation (Visit Florida Keys), their officers, employees and agents from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement. 6. Claims and Venue: Event Sponsor agrees to notify County immediately of any claims suits, or action made against the Event Sponsor that is related to the activity under this agreement, and will cooperate with County in the investigation arising as a result of any action, suit, or claim related to this Agreement. Any legal proceedings arising out of this agreement shall be in accordance with the laws of the State of Florida in the 16th Judicial Circuit for Monroe County; venue shall be in Monroe County, Florida. 7. Records: Event Sponsor shall maintain records pursuant to generally accepted accounting principles for four (4) years after the event and shall permit County and its agents and employees access to said records at reasonable times. 8. Termination: County may terminate this agreement without cause by providing written notice to Event Sponsor, through its officer, agent, or representative, no less than sixty (60) days prior to the event and may terminate for breach upon providing to Event Sponsor, through its officer, agent or representative, notice at least seven (7) days prior to the effective date of the termination. Notice is deemed received by Event Sponsor when hand delivered, delivered by national courier with proof of delivery, or by U.S. mail upon verified receipt or upon the date of refusal or non -acceptance of delivery. 9. Conflicts: Event sponsor is an independent contractor and shall disclose any potential conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code, Article XXI. 10. Non -Collusion: By signing below, Event Sponsor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. Cultural Umbrella Funding FY 2011 Contract ID#: 2 11. Public Entities Crimes: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12. Logo: Logo Usage guidelines are attached to this contract as Exhibit "B". All promotional literature and display advertising with the exception of generic advertising must display the "Florida Keys & Key West Come As You Are" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in April, 2010. In -County Logo: The logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact John Underwood with Tinsley Advertising at 305-856- 6060. Out of County Logo: The out of county logo does NOT include the "Monroe County Tourist Development Council" designation and is to be utilized in all other efforts including any approved out - of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets, and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Cultural Umbrella Funding FY 2011 Contract lD#: IN WITNESS WHEREOF, the parties have executed this agreement, effective the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Date: OR TWO WITNESSES (1) Print Name Date: Cultural Umbrella Funding FY 2011 Contract ID#: Board of County Commissioners of Monroe County Mayor/Chairman By President Print Name Date: (2) Print Name Date: 4 Acceptable Event Marketing Expenses for Cultural Events BOCC 9/20/06 ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (Umbrella/District Advisory Committees (DAC)) and Event Coordinators to keep apprised of all Monroe County Tourist Development Council's policies and procedures pertaining to event funding. 01/22/92 When DAC event proposals are received, they will be distributed to DACs for review and recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, as determined within the RFP, will not be accepted. TDC 7/21/93 This policy mirrors that of the Board of County Commissioners. BOCC 9/8/93 EVENT FUNDING: The TDC has established several categories of events that may receive funding. There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist Development Council. TDC funded items are NOT to be sold. 9/14/94 Only the items listed will be reimbursed for the described events. All event coordinators will receive a reimbursement/direct payment packet that includes an executed copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. No individual applications for Event funding will be considered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing & Diving). 7/26/95 Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/19/10) CULTURAL/FISHING UMBRELLA EVENT FUNDING: Any event of a fishing or artistic/special/dramatic nature shall apply for funding under the appropriate umbrella organization. Within the Cultural and Fishing Umbrella events funding process, the monies received by the event coordinator is to be used within the approved acceptable list of TDC expenses listed below without any restriction as to out -of -county advertising. Each Umbrella shall appropriate a minimum of 30% of the funds of the Umbrella for out -of -county advertising and public relations. 70% or the remainder that has not been allocated to the advertising/public relations agencies of record within the Umbrellas, shall be allocated by the Umbrella to the applicants for event funding. The budget, which is included with the application, will be individually reviewed by the Umbrella, the applicant and the advertising/public relations agencies of record. There cannot be more than a 10% deviation on the approved line item budget. No amendments to budgets will be permitted after this approval process. 9/14/94 General non allocated line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC items listed below. Cultural Umbrella Funding FY 2011 Contract lD#: If an Umbrella does not allocate all the funds earmarked for direct event funding within a district, the remaining funds shall be allocated and utilized to advertise that specific district as recommended by the Umbrella committee. Any event receiving funding under the Umbrella organization will not be eligible for additional funding under another TDC event category. 08/14/91 CULTURAL EVENTS: Media Placement & Production Costs: newspaper; magazines, radio; TV; webs ite/i nternet advertising only2 Promotional Signs: posters and banners Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement. Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre -event advertising. Programs: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Public Relations (PR): Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photography to be utilized in PR releases and video news releases as approved by the public relations agency of record. Only permissible PR material produced by the agency of record and/or a professional public relations agency shall be acceptable. (7/21/10) In -House Production: In-house production of any permissible expenditures will not be considered for reimbursement. (7/21/10) Event Promotions: TDC funding is intended for promotion of events as opposed to the ongoing programs of an organization or promotion of the facility. TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility. (7/21/10) Items that have not been approved by the appropriate agency of record prior to production/placement shall not be considered for reimbursement/direct payment. ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. BOCC 5/16/06 SALE/RESALE OF TDC FUNDED ITEMS: the BOCC/TDC, in accordance with Florid such may not be sold. 09/14/94 Cultural Umbrella Funding FY 2011 Contract ID#: Items funded, including creative and resulting work product, by a Public Records Law, are owned by the BOCC/TDC and as on Logo/Acknowledgement Usage Guidelines For Cultural Events BOCC 4/21 /10 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" In -County Logo The below logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. The Florida Keys & Key est .. o . o COMe as YOU are MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation is to be utilized in all other efforts including any approved out -of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e- mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856-6060. Cultural Umbrella Funding FY 2011 Contract ID#: The, Florida Kesv7 & Key est COMe as YOU are® 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Upper Keys Business Contract # TDC ID#: 757 Group, Inc. Effective Date: 10/1/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with Upper Keys Business Group Inc. covering the Key Largo Pirate's Fest in October, 2010 in an amount not to exceed $25,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) for BOCC meeting on 10/20/10 (Ext.) (Department/Stop #) enda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 25,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-636-X-530480 Grant: $ 117-75011-530340-TC15-636-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out to I Needed e 'ewer. Division Director -:� Yes❑ No❑ Risk Management Yes❑ No k_ t O.M.B./Purchasing Yes❑ No County Attorney Yes❑ NoEY C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 M MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Garden Club Contract # TDC ID#: 77' ) Inc. Effective Date: 10/1/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with Key West Garden Club, Inc. covering the Key West Garden Club 2010-2011 Seasonal Events between October, 2010 and April, 2011 in an amount not to exceed $7,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: - Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 7,000 Current Year Portion: Budgeted? Yes® No❑ Account Codes: 117-75011-530340-TC15-365-X-530480-*', Grant: $ 11 7-75011-530-340-TCI 5-365-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. I CONTRACT REVIEW I Changes Date Out Division Director 4qte,ln Needed Yesr-1 Nog... -2 w�" Risk Management YesFj NoE3' 3 V" z-1, ev O.M.B./Purchasing Yes❑ Nol I County Attorney P YesFj No®' C. Hall Comments: CONTRACT SUMMARY Contract with: Marathon Garden Club Contract # Inc. Effective Date: Expiration Date: TDC ID#: 764 10/1/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Marathon Garden Club, Inc. covering the Marathon Garden Club's Seasonal Events 2010/2011 between October, 2010 and May, 2011 in an amount not to exceed $ 10,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini (Name) for BOCC meeting on 10/20/10 3523 TDC 4 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 10,000 Current Year Portion: Budgeted? Yes® No F-1 Account Codes: 117-75011-530340-TC15-379-X-5304801--', Grant: $ 117-75011-530"340-TC15-379-X-53041 0 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg. maintenance, utilities, CONTRACT REVIEW Changes Date I Needed Division Director , 1- / � YeS❑ No[D- ET Risk Management -,D F— YesF (Y-1 No 1 V -Zi/ tO O.M.B./Purc asing YesF❑ No County Attorney 6' ZL5-,ILU Comments: OMB Form Revised 2/27/01 MCP #2 YesEl Noa C. Hall etc. Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Symphony Orchestra, Inc. Contract # TDC ID#: 750 Effective Date: 10/1/10 Expiration Date: 10/29/11 Contract Purpose/Description: ADnroval of an Agreement with Key West Symphony Orchestra, Inc. covering, the K West Symphony Orchestra between October, 2010 and Julv, 2011 in an amount not to exceed $8,500, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 8,500 Current Year Portion: Budgeted? Yes® No❑ Account Codes: 117-75011-530340-TC15-308-X-530480" Grant: 117-75011-530"140-TCI 5-308-X-530410 County Match: Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW ities, janitorial, salaries, etc. Changes DO t Out �eVn,, Needed Division Director YesD Noa Risk Management V YesF-j No[:r a bl 0a I O.M.B./Purchasing ' I YesF-1 Noff County Attorney YesF-j Noa C. Hall 14L450 Comments: FMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Marathon Community Contract # Theatre, Inc. Effective Date: TDC ID4: 76' ) Expiration Date: 12/29/11 Contract Purpose/Description: Approval of an Agreement with The Marathon Community Theatre, Inc. covering the Marathon Community Theatre 2010/2011 Season in an amount not to exceed $25,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC (Name) (Ext.) for BOCC meeting on 10/20/10 Agenda Deadline: 10/.' CONTRACT COSTS Total Dollar Value of Contract: $ 25,000X Current Year Portion: $ Budgeted? Yes® No❑ Account Codes: 117-75011-530340-TC15-040-X-530480 Grant: $ 117-75011-530340-TC15-040-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. n Division Director Ue Risk Management V, � O.M.B./Purchasing County Attorney Comments: umt3 corm Keviseci //- //u i mV ,- r TF/- CONTRACT REVIEW Changes Date Out Needed Yeso No[,/ YesF-1 NoE] i ­J (4051,11,G T f YesD No� YesEl Noo' C. Hall MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Miami -Dade Historical Maritime Museum, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 746 12/31/11 Contract Purpose/Description: Approval of an Agreement with Miami -Dade Historical Maritime Museum, Inc. covering the Key West Coast Guard Maritime Museum between October 2010 and September, 2011 in an amount not to exceed $5,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/ 10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 5,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 1i-75011-530340-TC15-708-X-530480 Grant: $ 1-f 75011-530340-TC15-708-X-530410 County Match: $ 115 Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW utilities etc.) Changes Division Director Date In Needed Review Yes❑ No Risk Management x Yes❑ No[❑ -4 O.M.B./Purchasing - N Yes t County Attorney Yes❑ No C. Hall I Comments: OMB Form Revised 2/27/01 MCP #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Studios of Key West, Inc. Contract # Effective Date: Expiration Date TDC ID#: 768 10/1/10 12/29/11 Contract Purpose/Description: Approval of an Agreement with The Studios of Key West, Inc. covering the Studios of Key West 2010/2011 Cultural Season in an amount not to exceed $18,491, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager for BOCC Maxine Pacini 3523 TDC # 3 (Ext.) (Department/qt-- 441 enda Deadline: 1 0 CONTRACT COSTS J-301 // Total Dollar Value of Contract: $ 18,491 Current Year P Budgeted? Yes® NoF-1 Account Codes: 117-75011-5303, Grant: $ 117-75011-530-�-,-,.,- j.)-oi i-X-530410 County Match: $ (Name) on 10/20/10 Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes to In Needed Division Director YesF-J No[D-' Risk Management P,;;� � YesE] NcEl OV �q.jo O.M.B./Purchasing YesD No County Attorney 4 YesEl No®' I Comments: OMB Form Revised 2/27/01 MCP #2 utilities, janitorial, salaries, etc.) Date Out v• iewer- C. Hall MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Key West Film Society Inc. Contract # Effective Date: Expiration Date: TDC ID#: 774 10/1/10 12/29/11 Contract Purpose/Description: Approval of an Agreement with Key West Film Society, Inc. covering the Key West's Year Round Film Festival between October, 2010 and September, 2011 in an amount not to exceed $21,420, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: - Maxine Pacini 3523 —TDC 4 31 (Name) (Ext.) (Department/Stop #) I for BOCC meeting on 10/20/10 Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 21,420/ Current Year Portion: $ Budgeted? Yes® No❑ Account Codes: 117-75011-530340-TC15-5-'II-X-530480 Grant: $ 117-75011-5-'10340-TC15-531-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) . (eg. maintenance. i salaries, etc.) Changes Date Out UD n- Needed xr .6ie ver C Division Director YesF] N D/ z Risk Management Ye sE-1 NO O.M.B./Puresing YesEl Noa County Attorney 0 YesEl No C. Hall Comments: 0MR Form Revised 2/27/01 MCP MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Key West Harry S Truman Contract # TDC ID#: Foundation, Inc. Effective Date: 10/1/10 Expiration Date: 12/29/11 Contract Purpose/Description: Approval of an Agreement with The Key West Han S Truman Foundation, Inc. covering the Little White House Presidential Exhibits & Public Programs between October 1, 2010 and September 30, 2011 in an amount not to exceed $20,43 3, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 20,433 Current Year Portion: Budgeted? Yes® No❑ Account Codes: 117-75011-530340-TC15-516-X-5')04g-O—�" Grant: $ 117-75011-530340-TC15-516-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Needed Review Division Director 4, YesF-j Noa ;I 4s Risk Man 01 -0' f')Yes [:] No El" "'S-1' Management -4-fp�- f O.M.B./Purchasing YesM No [�' U County Attorney lot Yes❑ NoE[ C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Red Barn Actors' Studio Contract # TDC ID#: 780 Inc. Effective Date: 10/1/10 Expiration Date: 12/29/11 Contract Purpose/Description: Approval of an Agreement with Red Barn Actors' Studio, Inc. covering the Red Barn Theatre 2010-2011 Season between October, 2010 and September, 2011 in an amount not to exceed $23,867, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: - Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 23,867/ Current Year Portion: $ Budgeted? Yes® NoFj Account Codes: 117-75011-530340-TC15-020-X-530480 Grant: $ 117-75011-5"30340-TC15-020-X-5"30410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW etc. Changes Date Out to riNeeded yi Division D 5� I irector YesF� Nolo,-�—.�, Risk Management YesE-1No' O.M.B./PurcLas`mg YesE] Noo County Attorney YesO Noki" C. Hall I Comments: OMB Form Revised 2/27/01 MCP i MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Mel Fisher Heritage Society, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 748 10/1/10 12/29/11 Contract Purpose/Description: Approval of an Agreement with The Mel Fisher Heritage Society, Inc. covering the Keys Maritime Exploration Experience between October, 2010 and September, 2011 in an amount not to exceed $18,103, FY 2011 Two Penny Cultural Umbrella Funding_ Contract Manager: Maxine Pacini (Name) for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 18,103 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-710-X-530480 Grant: $ 117-75011-530340-TC15-710-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW etc. Changes Date Out Division Director ]Date lq� -1 Needed ! 6 Y1 ,,A'es❑ No[D" l ".R v'ewer� Risk Management g Yes NoD ° ¢ z_ t ry O.M.B./Pure'a'sing Yes Noff- County Attorney Yes❑ Noa' C. Hall 1 Comments: OMB norm Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Council on the Arts, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 775 12/29/11 Contract Purpose/Description: Approval of an Agreement with Key West Council on the Arts, Inc. covering the Impromptu Concerts 2010-2011 Season Between October. 2010 and September, 2011 in an amount not to exceed $12,539, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: ffffiff:• Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 12,5319 Current Year Portion: �iAQA Budgeted? Yes® NoF-1 Account Codes: 117-75011-530340-TC15-041-X-530480V/ Grant: $ 117-75011-530340-TC15-041-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Da Needed L/ Division Director " 11YesF-1 NoEf Risk Management E = r 1U, YesElNo ET O.M.B./Purchasing YesF-1 Nob County Attorney No YesF� [D- 61 40 Comments: OMB Form Revised 2/27/01 MCP #2 e C. Hall Ill MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Florida Keys History Of Diving Museum, Inc. Contract # Effective Date: Expiration Date TDC ID#: 760 10/1/10 12/29/ 11 Contract Purpose/Description: Approval of an Agreement with The Florida Keys History of Diving Museum, Inc. covering Immerse Yourself between October, 2010 and September, 2011 in an amount not to exceed $17,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 17,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-498-X-530480 Grant: $ 117-75011-530340-TC15-498-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: (eg. maintenance, utilities, janitorial, CONTRACT REVIEW etc. Changes Date Out Division Director Dle n L) Needed Yes❑ No� ev'yr Risk Management _ Yes❑ No0 'p N fg { y N E. O.M.B./Purchasing Yes❑ No County Attorney 3ZI p Yes❑ Noa C. Hall Comments: OMR Form Revised 2/27/01 MCP MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Art & Historical Society, Inc. Contract # Effective Date: Expiration Date TDC ID#: 777 12/29/11 Contract Purpose/Description: Approval of an Agreement with Key West Art & Historical Society, Inc. covering the Key West Art & Historical Society Cultural Events Series between October, 2010 and September, 2011 in an amount not to exceed $25,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop 9) Benda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 25,000 / Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-335-X-530480 Grant: $ 11 7-75011-5-30340-TCI 5-335-X-53041 0 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Division Director `ten Needed Yes[:] NoEa r-- Management 3 YesF -1 No["'Risk O.M.B./Purchasiroz YesF-J NoFJ C a County Attorney - "z: 3 P YesF-1 No(` U C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Saint Paul's Episcopal Church Contract 9 TDC ID#: 747 Of Key West, Florida Effective Date: 10/1/10 Expiration Date: 12/29/11 Contract Purpose/Description: Approval of an Agreement with Saint Paul's Episcopal Church of Key West, Florida covering the Performance at St. Paul's between October, 2010 and September, 2011 in an amount not to exceed $11,406, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop 9) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 11,406 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-445-X-530480 Grant: $ 117-75011-530340-TC15-445-X-5'-'10410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Neede Division Director YesD N Risk PManag' YesF� N ment 1, H-1 4V6v) 1 C, Yes F� N O.M B./Plasing 0 -f I I County Attorney 6410 YesQ NOFI--- I Comments: )MB Form Revised 2/27/01 MCP #2 ffvnl I 1M MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pirate Tours of Key West Contract # Effective Date: Expiration Date: TDC ID#: 779 9/30/11 Contract Purpose/Description: An-proval of an Agreement with Pirate Tours of Key West covering the Pirates in Paradise Festival between November and December, 2010 in an amount not to exceed $6,227, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 6,227 .1/ Current Year Portion: Budgeted? Yes® NoF-1 Account Codes: 117-75011-530340-TC15-434-X-530480 Grant: $ 117-75011-530340-TC15-434-X-530410 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) e Division Director ;WdN nd Risk Management O.M.B./Purchasin County Attorney �zz �310 Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT REVIEW Changes Needed YesF-j No[:f YesF-1 No[a YesF-1 NoM YesEl No[' C. Hall Date Out 4 /z- 311P 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys Art Guild Inc. Contract # TDC ID#: 756 Effective Date: 10/ 1 / 10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with Florida Keys Art Guild, Inc. covering the Florida Keys Art Guild Art Festivals between November, 2010 and April, 2011 in an amount not to exceed $22,688, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini (Name) for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 22,688 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-482-X-530480 Grant: $ 117-75011-530340-TC15-482-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: utilitie etc. CONTRACT REVIEW Changes Date Out Division Director -Yyi x Needed , Re 'Veer Yes❑ No Risk Management O.M.B./Pure asin County Attorney d � ` ' Yes❑ No� 1� Yes❑ No[�f L Yes❑ No[2 C. Hall » a Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY IContract with: Florida Keys Community Concert Band, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 754 10/1/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Florida Keys Community Concert Band, Inc. covering the Pops in the Park between November, 2010 and April, 2011 in an amount not to exceed $16,070, FY 2011 Two Penny Cultural Umbrella Funding. I Contract Manager: Maxine Pacini (Name) I for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 16,070 Current Year Portion: $ Budgeted? Yes® NoF-j Account Codes: 117-75011-530340-TC15-449-X-530480-" Grant: $ 117-75011-530340-TC15-449-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS ./yr For: (eg. maintenance, utilities, CONTRACT REVIEW salaries, etc. Changes Date Out Director Ditl rt 1dDivision 4 Needed Yesr-� No[ 2 ' /IRewer. Risk Management Yesr-1 No[ ni U%6-- N O.M.B./PurcVasin YesEl NoEl cv, L/ +//S7 County Attorney 6 YesF-1 No[' C. Hall / R I Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Players, Inc. Contract 4 Effective Date: Expiration Date TDC ID4: 770 10/1/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Key West Players, Inc. covering the Waterfront Playhouse 2010-2011 Season between November 2010 and June 2011 in an amount not to exceed $18.070, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: I for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 18,070 1/ Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-023-X-530480 Grant: $ 117-75011-530'-'140-TC15-02'-'I-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, zn CONTRACT REVIEW Changes Needed vi Division Director �N-�.t/YesF-J Noa' A41- Risk Management 1, le-' YesF-J No[ O.M.B./Purchasing Yesf-I NoFJ ho County Attorney 0 Yes❑ NoE]'- C. Hall te, Z1311iP Comments: out OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Lower Keys Artists Contract Network, Inc. Effective Date: Expiration Date TDC ID#: 767 10/29/11 Contract Purpose/Description: Approval of an Agreement with Lower Keys Artists Network, Inc. covering Art Going Green on Big Pine Key between November, 2010 and July, 2011 in an amount not to exceed $6,000. FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) .genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 6,000 / Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-665-X-530480 Grant: $ 117-75011-530340-TC15-665-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $-/Yr For: (Not included in dollar value above) (eg. maintenance CONTRACT REVIEW ilities, janitorial, salaries, etc. Changes Dat D�a& In Needed Division Director 4-�YesO No Risk Management YesEl No AV O.M.B./Pure tasing YesF❑ NoFj County Attorney Comments: Out 6L?--LV YesF-1 NoEa C. Hall 3 0 OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 3 Contract with: Performing Arts Centers Contract # Of Key West, Inc. Effective Date: Expiration Date: TDC ID4: 781 10/1/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Performing Arts Centers of Key West, Inc. covering the Tennessee Williams Theatre 2010-2011 Season in an amount not to exceed $17,196. FY 2011 Two Penny Cultural Umbrella Funding, Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (De for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 17,196/ Current Year Portion: Budgeted? Yes® No F-1 Account Codes: 117-75011-530340-TC15- Grant: $ 117-75011-530340-TCI 5-�-,-A---)304I0 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (e1g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Needed ten Division Director O/ Y e sF-� Noo�/ Risk Management YesF-1 NoM/ L, O.M.B./Pur�t/asinW-10 YesD NoM U County Attorney 6, 67- �3/ 0 YesEl NoE] C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: No Matter What Productions, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 765 2/28/12 Contract Purpose/Description: Approval of an Agreement with No Matter What Productions. Inc. covering the 12 Step Music Fest in November, 2010 and November, 2011 in an amount not to exceed $12,000, FY 2011 Two Penny Cultural Umbrella Funding. I Contract Manager: I for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop 9) genda Deadline: 1015110 CONTRACT COSTS / -+ ear Total Dollar Value of Contract: 0 12,000 0 V 1) 'f Budgeted? Yes® No r-� Account Codes Grant: $ County Match: Ion. I t., W ear %J 117-75011-530340-TC15-666-X-5304-80 117-75011-530'-'140-TC15-666-X-5'-1'0410 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Doe Needed ewer Division Director Yes❑ NoEj-'' f 1 7 Risk Management YesM No fr SPI O.M.B./Purchasing Yes❑ No--"� 1-111 L/ County Attorney -34/0 YesF-1 NoD C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Paradise Ballet Theatre Presenters, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 782 10/1/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Paradise Ballet Theatre Presenters, Inc. covering the Nutcracker Key Westin December, 2010 in an amount not to exceed $12,054, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini (Name) for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 12,054 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-5'-1'0'1'40-TC15-610-X-530480 Grant: $ 117-75011-530340-TC15-610-X-530410 County Match: $ Estimated Ongoing Costs: $ — (Not included in dollar value above ADDITIONAL COSTS ./yr For: CONTRACT REVIEW Changes DAtp In Needed viewer V Division Director Yes❑ No Risk Management ir Yes❑ No V1 O.M.B./Purchasin, Yes❑ No[ County Attorney (,40 YesF-j NoED-- C. Hall Comments: OMB Form Revised 2/27/01 MCP etc.) Date Out V/ 61Z 3/10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key Largo Merchants Association, Inc. Contract # Effective Date: Expiration Date Contract Purpose/Description: Approval of an Agreement with Key Largo Mercl Pennekamp 50'h Anniversary in December, 2010 FY 2011 Two Penny Cultural Umbrella Funding. I Contract Manager I for BOCC Maxine Pacini (Name) on 10/20/10 TDC ID#: 758 10/1/10 9/30/11 Inc. co 3523 TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 25,000 / Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-TC15-712-X-5')0480 Grant: $ 117-75011-530340-TC15-712-X-530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS ./yr For: (eg. maintenance, utilities, CONTRACT REVIEW salaries, etc. Changes I Date Out ate In Division Director Needed YesO No[j� er It ft, Risk Management YesF-1 No[]j '10 O.M.B./Purki4- YesF-1 No t County Attorney 4Zz p YesM NoEa - C. Hall Comments: 0MR Form Revised 2/27/01 MCP 42 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Old Island Restoration Foundation, Inc Contract # Effective Date: Expiration Date: TDC ID#: 783 10/1/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Old Island Restoration Foundation, Inc. covering the Key West House & Garden Tours•, Conch Shell Blowing Contest in an amount not to exceed $10,112, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: for BOCC 3523 TDC 4' (Ext.) (D Benda Deadline: 101511 CONTRACT COSTS TotalDollar I Value wr Contract: Q 1() 111) / Current Year Pnrflnna 0 al a ut, 0 %j I a%, 6 i Budgeted? Yes® No ❑ Account Codes:" Grant: $ County Match: Maxine Pacini (Name) on 10/20/10 Estimated Ongoing Costs: (Not included in dollar value above 117-75011-5"30'340-TC15-018-X-530480 117-75011-5'1)0340-TC15-018-X-530410 ADDITIONAL COSTS /yr For: CONTRACT REVIEW etc. Changes Date Out e to vier" 'wer- Division Director Yes❑ NoR' - \71-1 '4 Risk Management YesF❑ NoF -31 L sing 110 O.M.B./Purka YesFj NoF� U County Attorney Yes❑ No C. Hall 1-/ 7- 1 e)' Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract With: Florida Keys Community College Contract 4 And the Letters FKCC Effective Date: Expiration Date: TDC ID4: 744 10/1/10 9/310/11 Contract Purpose/Description: Approval of an Agreement with Florida Keys Community College and the Letters FKCC covering the FKCC Keys Chorale Concert Series between December, 2010 and April 2011 in an amount not to exceed $11,277, FY 2011 Two Penny Cultural Umbrella Funding. I Contract Manager: I for BOCC Maxine Pacini (Name) on 10/20/10 3523 —TDC 9 31 (Ext.) (Department/Stop 4) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 11,277 Current Year Portion: $ Budgeted? YesM No F-j Account Codes: 117-75011-530-'140-TC15-519-X-530480 Grant: $ 11 7-75011-530340-TC I 5-519-X-53041 0 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: (eg. maintenance, util CONTRACT REVIEW etc. Changes Date Out Needed Division Director YesElNoff� T-- t Yes[:] No Risk Managemen O.M.B./PurcLng (944ND YesF-1 No County Attorney I-IL341t 0 YesR NO[D- C. Hall Comments: OMR Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 11• R1110510VIVIN• Contract with: National Council for Traditional Arts, Inc. Contract # TDC ID#: 762 Effective Date: 10/20/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with National Council for Traditional Arts, Inc. covering the 2 d Annual Florida Keys Traditional Music Festival during January, 2011 in an amount not to exceed $20,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) I for BOCC meeting on 10/20/10 (Ext.) (Department/Stop #) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 20,000 / Current Year Portion: Budgeted? Yes® No r-1 Account Codes: 117-75011-530340-TC15-664-X-530480 Grant: $ 117-75011-530340-TC 15-664-X-530410 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date,ln Needed R Division Director = Yes❑ Nom Risk Management Yes1 NoEj A i O.M.B./Purchasing Yes0 Noff t�n Jlwil-- County Attorney L5-1t 0 YesF-1 NoEa U C. Hall 3 110 Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe Association for Retarded Citizens, Inc. Contract # Effective Date: Expiration Date TDC ID#: 784 10/2010 9/30/11 Contract Purpose/Description: Approval of an Agreement with Monroe Association for Retarded Citizens, Inc. covering the Master Chefs Classic in January, 2011 in an amount not to exceed $4,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: -Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 4,000 / Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 117-75011-530340-TC15-711-X-5-'10480 Grant: $ 117-75011-530"140-TC15-711-X-53O4lO County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $jyr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW Changes ate In Needed Division Director YesF_1 No[ Risk Management fy4 VYesE-1 No[D O.M.B./Purchasing YesF_1 Non County Attorney Comments: 64L3� Lo YesEl No[D- C. Hall OMB Form Revised 2/27/01 MCP #2 anitorial, salaries, etc. Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Key West Pops, Inc. Contract # TDC ID#: 769 Effective Date: 10/20/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with The Key West Pops, Inc. covering the Key West Pops 2010/2011 Concert Season in January, 2011 in an amount not to exceed $3,000. FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 33 (Name) (Ext.) (Department/Stop for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 3,000 Budgeted? Yes® No F-1 Account Codes Grant: $ County Match: Estimated Ongoing Costs: $_ (Not included in dollar value above Current Year Portion: $ 117-75011-530340-TC15-421-X-530480 117-75011-530340-TC15-421-X-530410 ADDITIONAL COSTS /yr For: CONTRACT REVIEW Changes lities, janitorial, salaries, etc. ate in Needed Division Director YesO NOVI J meat Risk Mana me YesE NoLi b.m . B./Purces`ing -�' /o YesF-1 NOE] County Attorney 410 1-1 YesEJ Nol—,l---_ C. Hall Comments: OMR Fc)n-n Revised 2/27/01 MCP #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Literary Contract # TDC ID#: 771 Seminar, Inc. Effective Date: 10/20/10 Expiration Date: 9/3 )0/11 Contract Purpose/Description: 9th Approval of an Agreement with Key West Literary Seminar, Inc. covering the 2 Annual Key West Literary Seminar: The Hungry Muse in Jan uary a 2011 in an amount not to exceed $14,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 14,000 1,/ Current Year Portion: $ Budgeted? Yes® No r-J Account Codes: 117-75011-530340-TC15-027-X-530480 Grant: $ 117-75011-530340-TC15-027-X-5")0410 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $ lyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Division Director A�e In Needed Yes❑ NoM eviewer " j Risk Management (�-"ck 1"L Yes ❑ No O.M.B./Purchasing YesF❑ No I County Attorney I Comments: 4�44 YesF-1 No[- - C. OMB Form Revised 2/27/01 MCP #2 Date Out MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Art Center Inc. Contract # Effective Date: Expiration Date: TDC ID#: 778 10/20/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Key West Art Center. Inc. covering the Key West Craft Show and Old Island Days Art Festival between January and February, 2011 in an amount not to exceed $4,800, FY 2011 Two Penny Cultural Umbrella Funding. I Contract Manager: for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC 4 3 (Ext.) (Department/Stop Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 4,800 / Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 117-75011-530340-TC15-266-X-530480 Grant: $ 117-75011-530340-TC15-266-X-530410 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $Iyr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW utilities, etc. Changes Date Out Division Director D� n ll Mi0 Needed R Risk Management �'Aib4l- y Yes❑ N s O.M.B./Purching YesD NoEn' 1417L County Attorney 34, 0 YesF-j NoF_-T---- C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Botanical Contract # Garden Society, Inc. Effective Date: Expiration Date: TDC ID#: 776 10/20/10 11/29/11 Contract Purpose/Description: Approval of an Agreement with Key West Botanical Garden Society, Inc. covering the Key West Tropical Garden Cultural Calendar Event during January, 2011 and August, 2011 in an amount not to exceed $10,000. FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: for BOCC meeti Maxine Pacini (Name) on 10/20/10 3523 - —TDC # 3 (Ext.) (Department/Stop #) genda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 10,000 / Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 117-75011-530340-TC15-637-X-530480 Grant: $ 117-75011-5")O340-TC15-637-X-530410 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. I CONTRACT REVIEW I Date In - Division Director 5 — & , 1 Risk Management O.M.B./Purchasin County Attorney Comments: Changes Needed Yeso Nofa Yes❑ Noll' Yes❑ No[El' 4Z7,3�v Yes❑ NoE] OMB Form Revised 2/27/01 MCP #2 A "eviewer Date Out lk 1,42 rj C. Hall MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pigeon Key Foundation Contract # TDC ID#: 761 Inc. Effective Date: 10/20/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with Pigeon Key Foundation, Inc. covering the Pigeon Key Art Show in February, 2011 in an amount not to exceed $9,559, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop 4) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 9,559 -1/ Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes: 117-75011-530340-TC15-029-X-530480-` Grant: $ 117-75011-530340-TC15-029-X-530410 County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW Changes jn Needed Division Director k YesF❑ No Risk Management ,YesF❑ No O.M.B./Purchasing YesD No[Z' County Attorney Comments: anitorial, salaries, etc. Date Out 6b.3.40 YesF-jNoR -C.Hall OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Lower Keys Chamber Contract # TDC ID4: 766 Of Commerce, Inc. Effective Date: 10/20/10 Expiration Date: 10/7/11 Contract Purpose/Description: Approval of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Underwater Music Festival in July, 2011 in an amount not to exceed $5,000, FY 2011 Two Penny Cultural Umbrella Funding. Contract Manager: Maxine Pacini 3523 -TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 5,000 / Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 117-75011-530340-IC45-b64-X---530480 Grant: $ 117-75011-530340-TC530410 County Match: $ Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: (eg. maintenance CONTRACT REVIEW Changes Date Out Division Director Dated In Needed Yes❑ No Risk Management '' 1-ij 0 J- YesF� NoE2 O.M.B./Purc`asin 10 YesF1 NoF-1 fes-110 County Attorney 61/z 51 f o Yes❑ No® C. Hall 617-3110 Comments: OMB Form Revised 2/27/01 MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Florida Keys Birding And Wildlife Festival, Inc. Contract # Effective Date: Expiration Date: TDC ID#: 755 10/20/10 12/29/11 Contract Purpose/Description: Approval of an Agreement with Florida Keys Birding and Wildlife Festival, Inc. covering the Florida Keys Birding and Wildlife Festival in September, 2011 in an amount not to exceed $11,000, FY 2011 Two Penny Cultural Umbrella Funding. I Contract Manager: I for BOCC Maxine Pacini (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop 4) Deadline: 1015110 CONTRACT COSTS Total Dollar Value of Contract: 11,000 Current Year Portion: Budgeted? Yes® No ❑ Account Codes:— 5011-530340-TC15-419-X-530480 Grant: $ -7--75011-530340-TC15-419-X-530410 County Match: $ 1 i�5 ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes UU Needed Division DirectorYesF❑I NoFJ Risk Mananiment Yes F-1 No~[:J O(3,vc, NY .M.B./Purchalng 41-�, 10 YesF-1 Not] County Attorney 462 o YesF-1 NoEJ-- 4 I Comments: OMB Form Revised 2/27/01 MCP #2 C. Hall Date Out BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20, 2010 Division: Bulk Item: Yes X No Department: "I Staff Contact PersonlPhone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with The Florida Keys History of Diving Museum, Inc. for the Diving History Research Library and Meeting Room project in an amount not to exceed $74,181 DAC IV, FY 2011 Capital Resources. ITEM BACKGROUND: TDC approved same at their meeting of August 10, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: S74,181 BUDGETED: Yes X No COST TO COUNTY:. S74,181 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X 'J�)Wurchasing X Risk Management X DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Florida Keys History Contract # 788 Of Diving Museum, Inc. Effective Date: 10/1/10 Expiration Date- 9/30/11 Contract Purpose/Description: Approval of an Agreement with The Florida Keys History of Diving Museum, Inc. for the Diving History Research Library and Meeting Room project in an amount not to exceed $74,181 DAC IV, FY 2011 Capital Resources. Contract Manager: Maxine Pacini for BOCC meeti (Name) on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 74,181 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes : 120-70040-530340-TB-10498-X-530340 Grant: $ County Match: Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: CONTRACT REVIEW utilities, janitorial, salaries, etc. Changes Date Out Division Director to n Needed YesF❑ No � [�f kr Risk Management Yeso NoEr O.M.B./Ptfphasing — J -7- 23 F❑-i Yes 1 N6U] County Attorney 7�ZA- tO Yeso NoE� C. Hall Comments: OMB Form Revised 2/27/01 MCP #2 Grant Award Agreement THIS AGREEMENT (Agreement) is entered into this day of -, 2010 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and The Florida Keys History of Diving Museum, Inc. I a not for profit business organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the district pennies of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the Diving History Research Library and Meeting Room project; and WHEREAS, the Grantor and Tourist Development Council (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 attract tourists, and improve the property for use as a museum that is open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 20, 2010 through to September 30, 2011. 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 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of services: Materials and labor necessary to complete the Research Library and Meeting Room project. 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, 2011 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2011 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 Debra Illes, 82990 Overseas Highway, Islamorada, FL 33036. Telephone: (305) 664-9737 or (216) 225-5099. E-mail: Debra 01 Diving Museum. org. Should there be a change in the project manager specified in FY 2011 Funding Florida keys History of Diving Museum Contract 1D#: 788 the Grantee's application, a new project manager shall be designated and notice with new contact information shall be provided in writing to the TDC administrative office. 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. (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. 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 $74,181 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 FY 2011 Funding Florida keys History of Diving Museum Contract lD#: 788 K 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— AIA 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 reimbursement. Included in said documentation shall be proof that the Grantee has received the property, realty or personalty, 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: AIA Document G-702 Application for Payment Summary AIA Document G-704 Certificate of Substantial Completion AIA Document G-706 Contractor's Affidavit of Debts & Claims AIA Document G-706A Contractor's Affidavit of Release of Liens AIA 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 AIA 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. FY 2011 Funding Florida keys History of Diving Museum Contract ID#: 788 All payment requests must be submitted no later than the completion of project of September 30, 2011. Invoices received after September 30, 2011 will not be considered for payment. b) Documentation shall be submitted to the TDC Administrative Office to show the receipt and application of in -kind donations of goods, professional services, and materials. Said documentation should include invoices, bills of lading, etc., and be verified as received and applied to the project through a notarized statement of the project architect, engineer, general contractor or project manager. The receipt and application to the project of volunteer labor are to be documented and verified by notarized signature of the project architect, engineer, general contractor or project manager, and said documentation submitted to the TDC Administrative Office. All submissions shall identify the items included in Exhibit A and grantee shall complete the Application for Payment form which is provided within the payment/reimbursement kit provided to the grantee, listing the schedule of values which are sought to be reimbursed and shall 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. Photographs showing progress on project shall be included in any payment request. The Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. C) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2011. Invoices received after September 30, 2011 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed form with the appropriate invoice to the TDC F Y 2011 Funding Florida keys History of Diving Museum Contract 1D#: 788 4 Administrative Office. Real property acquired or improved through funding under this Agreement shall remain dedicated for the purposes set forth herein or for other purposes which promote tourism and ownership of said property shall be retained by the Grantee. The following terms shall apply: (i) The Grantee shall have the use of the property, including both realty and personalty acquired with funding under this agreement, at the project site for so long as the facility is operated by Grantee, open to the public, and has a primary purpose of promoting tourism. At such time as any of the conditions in the preceding sentence shall cease to exist, the Grantee shall transfer ownership and possession of equipment and personal property to a local government or another not -for -profit organization which is a facility for which tourist development taxes may be used pursuant to Florida Statute with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist -related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding. This provision shall survive the termination date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non - tourist related purpose occur after the facility has been used for tourist -related purposes for at least three (3) years, the amount of refund shall be pro -rated based on a useful life of ten (10) years. (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS. The Grantee 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it 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 FY 2011 Funding Florida keys History of Diving Museum Contract ID#: 788 5 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 Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. (a) Public Access. The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee 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 Grantee 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee 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 Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or FY 2011 Funding Florida keys History of Diving Museum Contract ID#: 788 E. 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 County. 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. 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 harmless/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 suit, claim or action made 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 property 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. FY 2011 Funding Florida keys History of Diving Museum Contract lD#: 788 N 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. f) Right to Audit. 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall FY 2011 Funding Florida keys History of Diving Museum Contract 1D#: 788 1:1 apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee 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 TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor 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. 12. TERMINATION. This Agreement shall terminate on September 30, 2011. 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 Grantee. The Grantor may terminate this Agreement without cause upon giving FY 2011 Funding Florida keys History of Diving Museum Contract ID#: 788 9 written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. FY 2011 Funding Florida keys History of Diving Museum Contract ID#: 788 10 (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee 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 Grantor 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or FY 2011 Funding Florida keys History of Diving Museum Contract 1D#: 788 IF degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. 18. AUTHORITY: Grantee 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 Grantee below certifies and warrants that the Grantee'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 Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee 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: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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. FY 2019 Funding Florida keys History of Diving Museum Contract ID#: 788 iVJ 2. Commercial General Liability Insurance with minimum limits of $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor 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. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-Maria@ Mon roeCou nty-F L. Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacini at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerks office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract (certificate only for worker's compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: FY 2011 Funding Florida keys History of Diving Museum Contract ID#: 788 13 For Grantee: Debra Illes 82990 Overseas Highway Islamorada, FL 33036 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 and Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. FY2011 Funding Florida keys History of Diving Museum Contract ID#: 788 14 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. FY 2011 Funding Florida keys History of Diving Museum Contract 1D#: 788 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name OR TWO WITNESSES (1) 6 Print Name Date: FY 2011 Funding Florida keys History of Diving Museum Contract 10#: 188 Board of County Commissioners of Monroe County Mayor/Chairman The Florida Keys History of Diving Museum, Inc. a - By A - President 16 Date: (2) (2) Print Name Date: mop#OE COUNTY ATTORNEY ;11� -""PPRI�OVED A *-TF R V CYNTHIA L. TL—L— �i jjji ASSI TANT COUNTY ATTORNEY gate 0 Ct) CD CD (1) 0 3 X 5 Ey ET 535 55XMW-R 0009 (D 0 0 a a 3 0) a) aammm 0) " R" �F 0 ar 1 0 — o)-ca, m (n sv o o o o — 0 -- ---ho o -- w a 3 Q- CD CD 0 CA CD CD o 0) CD a). 0 0 u (a a �� < " w 3 CL CD 0 -a 0 3 a) a) - CD 0 — 3 a (a (n 0 CD 0 0- 0" l< CD (n M Cn 3 0 O(a CD Z, <(n —0 0 CD U) CD a (n (D — C)- < cp CD 3 (a w 0-9 3 (h 3 0 :3 0 3 0) —x CD CD 3 0 (n CD cr 0 CD (n CD 0 " x 0 0 < 3 — CD CD M (n ar 0 0 0 CD x x CD -3 (a cn (n :E cp a) " m 3 6 l< CD C)_ 0 0 (n 0 :3 (a cn r_ c CD — ;: v (a =r CD 3 0 o 77 to"a -a - 0 =T m a FD 0 5 (a (n " CD CD (n :3 0 (n u a:1 cn a 0 CL 0 CD :3 3 0 :3 0 o cn :3 CD— (D 0 0 0 cr 0 @ :3 1,2 5' --i 0 Ct) fU 0 =r CD 0 C/) (D 0 C) l ia) Jn ICD -------------------------------------------------------------------------------------- 0 'a 0 cn N 4 oo (X z z z z 2! 0 0 > > 0 (D 3 CP m m (D o m X 00 0 -n n "a m z Zr m 0 4— --q (D 5- o 0 m 'a (D m 3: 0'' X M z 3 --q ---i ---j 0 OD c o c m (D 17-7 'It cl, 3 to 3 (D 10 ao i 5 % z M (D 0 (D CL 30 (D In zr m x 3 0 CD Cl) 0 —0 CA Z)7 0 ::r 0 0). cn 0 :c3n c:n3 0 I'D 0 0 ,:2 < CD CD < 63 5 53 -a 0 C t w =* 0 — -- CD 0 --l- 0 3 3 CD 3 ::r = a) :3 cD C: 6 0 CD :3 -- 0 0 M 0 :3 0- M - 0 cn 0 CD CD w 0 3 o coa- , '" w "a 2) = = CD 0 b- 1 — 0 m CD 0 CD CD cn —0 0 cn w 0 --a -0 W C: 0 = cn 0 0 0 CD cx. --ft C:) — ;2 cn CD CD 0 cn 0 0 cn 0 = cn < 0 . --I -4--a CX. — C: o M 42 "a cn :5 w < m 42 CD CD `CD w -.I-C:030 CD0 CD CL 0 :z CD 0 cQ CD CD a U 0 a w * M cn M. 0 CD 5. 0) 0 w cn I-#- rq. CD CD "a :z ::t 0 0. CD Q. cn;::w CD CA CD (a 3 CD :3 r-t. 4t s --------------------------------------------------------------------------------- 0 0 p -69 C) w :n 0 Q. a A m X ur 0 2. c (A m c U �Wq L.--i Meeting Date: OCTOBER BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 2010 Division Bulk Item: Yes X No Department: TDC Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Islamorada, Village of Islands for beach and beach park facilities cleaning and trash removal services in Islamorada in an amount not to exceed $45,000 per year for five years, commencing with DAC IV, FY 2011 Capital Resources. ITEM BACKGROUND: TDC approved same at their meeting of August 10, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: S45,000 per year BUDGETED: Yes X No COST TO COUNTY: no cost SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No ,AMOUNT PER MONTH Year Z U APPROVED BY: County Atty X OMB'Pur(h�asing X Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Islamorada, Village of Islands Contract # 789 Effective Date: 10/1/10 Expiration Date: 9/30/15 Contract Purpose/Description: Approval of an Agreement with Islamorada, Village of islands for beach and beach park facilities cleaning and trash removal services in Islamorada in an amount not to exceed $45,000 per year for five years, commencing with DAC IV, FY 2011 Capital Resources. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 45,000 Budgeted? YesM NoF-1 Account Codes Grant: $ County Match: Current Year Portion: $ 120-70040-530340-TI-10625-X-530340 ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out D e Irk Needed er', Division Director YesF-1 No® n. Risk Manag na e n t YesF-J No E] � Mi -a 11 o 0. M. B. /Purchas�g 1-r Ye sF-J NoFJJ County Attorney ( YesF-1 Nom 71 6-v) I Comments: -)MLS P orm Kevisea /-/Z //V 1 Mk-F 7TZ Inter -local Grant Award Agreement THIS AGREEMENT (Agreement) is entered into this day of , 2010 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and Islamorada, Village of Islands a Government agency organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the district pennies of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the beach and beach park facilities cleaning and trash removal services in Islamorada; and WHEREAS, the Grantor and Tourist Development Council (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 attract tourists, and improve the property for use as beach and beach park facilities that are open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 1, 2010 through to September 30, 2015. The County has an option to extend this agreement for an additional five (5) year period beyond the initial award period, upon giving at least sixty (60) days prior written notice of agreement extension to Grantee. 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 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide such services and materials as are necessary for cleaning and maintenance as described in Exhibit A of this agreement at Sea Oats Beach; Green Turtle Hammock Nature Preserve; MM 80 Recreational Picnic Rest Area; Lignumvitae Key Fill; Indian Key Fill; Tea Table Relief Fill; Bridgehead at Snake Creek; Bridgehead at Whale Harbor; Library Beach; Anne's Beach. The Grantee may fulfill this obligation through use of its own employees and/or by contracting with an independent contractor. a) There shall be a project manager to acknowledge receipt of goods or work performed. This Project Manager shall be Cheryl Atkins, 86800 Overseas Highway, Islamorada, FL 33036. Telephone: (305) 66406450. E-mail: Cheryl.atkins,vWislamorada.fl.us. Should there be a change in the project manager Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract ID#: 789 specified in the Grantee's application, a new project manager shall be designated and notice with new contact information shall be provided in writing to the TDC administrative office. 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. (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. 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 $45,000 effective October 1, 2010 to pay for cleaning and maintenance as described in Exhibit A. Payment for cleaning and maintenance shall be made in four installments of $11,250 (Eleven Thousand, Two Hundred and Fifty Dollars) on a quarterly basis, in arrears. Payment will be made directly to the Grantee. Reimbursement request must show that Grantee has paid in full for materials and services relating to exhibit A prior to seeking the 50% (fifty percent) reimbursement from Grantor. The Grantee shall, commencing October 1, 2010, provide a quarterly invoice on the 1 st day of each quarter to the Grantor's administrative office for the Tourist Development Council, with documentation showing the work which was performed during the preceding quarter, Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract ID#: 789 IN and payment shall be made in accordance with the Florida Local Government Prompt Payment Act. Grantee shall submit original copy of paid invoice, copy of cleared check paying for services, and a signed letter stating that the contractor has complied with the scope of services as outlined in paragraph 2 of this agreement. Documentation shall include a notarized statement signed by the project manager as to the completion of the services for which Grantee is invoicing the County. Payment for successive fiscal years outlined in paragraph 1 of this agreement, ending September 30, 2015, shall not exceed $45,000 per year, and no payment shall be made for any documentation and invoice received after the close of the fiscal year of September 30, 2015. If option to extend agreement is exercised by County and Grantee, for one additional five year period, compensation for the additional term may be negotiated prior to approval of extension. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the BOCC. 4. RECORDS AND REPORTS. The Grantee 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it 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 Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. (a) Public Access. The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee is an independent contractor and not an employee of the Board of County Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract ID#: 789 3 Commissioners of Monroe County. No statement contained in this Agreement shall be construed as to find the Grantee 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee 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 Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it 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 County. 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. 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 harmless/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 Islamorada, Village of Islands Beach Cleaning and Maintenance Commencing FY 2011 Funding Contract ID#: 789 4 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 suit, claim or action made 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 property 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. f) Right to Audit. 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or any of Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract ID#: 789 61 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 Islamorada Village of Islands Beach Cleaning and Maintenance Commencing FY 2011 Funding Contract ID#: 789 .1 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee 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 TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor 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. 12. TERMINATION. This Agreement shall terminate on September 30, 2015. 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 Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor, 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract ID#: 789 N Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee 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 Grantor Islamorada Village of Islands Beach Cleaning and Maintenance Commencing FY 2011 Funding Contract ID#: 789 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. 18. AUTHORITY: Grantee 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 Grantee below certifies and warrants that the Grantee'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 Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. Islamorada Village of Islands Beach Cleaning and Maintenance Commencing FY 2011 Funding Contract ID#: 789 9 19. LICENSING AND PERMITS: Grantee 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: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor 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. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-Maria(@ Mon noeCou ntv-FL. Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacini at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerks office. The Insurance policy must state that the Monroe Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract ID#: 789 County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract (certificate only for worker's compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Cheryl Atkins 86800 Overseas Highway Islamorada, FL 33036 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 P.M] Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. Islamorada Village of Islands Beach Cleaning and Maintenance Commencing FY 2011 Funding Contract ID#: 789 Im 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract ID#: 789 12 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk 0 4 By. Volt Print Name Date: 3� 173 1 tl�) OR TWO WITNESSES (1) (1) Print Name Board of County Commissioners of Monroe County Mayor/Chairman Islamorada, Village of Islands B Villige Manager KepAeik Et%fl�>S Print Name Date: � L3 0 (2) (2) Print Name Date: Date: Islamorada Village of Islands Beach Cleaning and Maintenance N FICOUNTY ATTOM-{I Commencing FY 2011 Funding Contract ID#: 789 AP DVED AS TO R 13 .��`ZANNE A. HVTON C 0 U N P IAOA� y MOUMM Prope!y Name Type of Work 1. Sea Oats Beach - Manual garbage/trash/litter collection, replace liners - Plaque Maintenance 2. MM 80 Recreational - Manual garbage/trash/litter collection, replace liners Picnic and Rest Area - Picnic table Maintenance - Landscape Maintenance 3. Lignumvitae Key - Manual garbage/trash/litter collection, replace liners Fill - Plaque Maintenance - Landscape Maintenance 4. Indian Key Fill - Manual garbage/trash/litter collection, replace liners - Plaque Maintenance - Landscape Maintenance 5. Tea Table Relief Fill - Manual garbage/trash/litter collection, replace liners - Plaque Maintenance - Landscape Maintenance 6. Library Beach - Manual garbage/trash/litter collection, replace liners - Janitorial services - Building Maintenance/plumbing services - Sign repair - Beach seaweed raking - Landscape Maintenance - - Playground Equipment Maintenance 7. Anne's Beach - Manual garbage/trash/litter collection, replace liners - Janitorial services - Building Maintenance/plumbing services - Sign repair - Boardwalk Maintenance - Beach seaweed raking - Landscape Maintenance 8. Green Turtle - Manual garbage/trash/litter collection, replace liners Hammock - Sign repair - Fence repair Nature Trail Maintenance Kayak/Canoe Ramp Maintenance - Landscape Maintenance - Playground Equipment Maintenance 9. Bridgehead g Snake - Manual garbage/trash/litter collection, replace liners Creek - Landscape Maintenance 10. Bridgehead @ - Manual garbage/trash/litter collection, replace liners -Whale Harbor. L- Landscape Maintenance 'I o Islamorada Village of Islands Beach Cleaning and Maintenance Commencing F Y 2011 Funding Contract 1D#: 789 14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20. 2010 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Inter -local Agreement with the City of Marathon covering Sombrero and Coco Plum beach cleaning and maintenance in an amount not to exceed $90,500, DAC If[, FY 2011 Capital Resources. ITEM BACKGROUND: TDC approved same at their meeting of August 10, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: S90,500 — BUDGETED: Yes X No COST TO COUNTY: - S90,500 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X /P urchasimg X Risk Management X ) DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: City of Marathon Contract # 791 Effective Date: 10/1/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Inter -local Agreement with the City of Marathon covering Sombrero and Coco Plum beach cleaning and maintenance in an amount not to exceed $90,500, DAC III, FY 2011 Capital Resources. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop 9) for BOCC meeting on 10/20/10 Agenda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 90,500 Current Year Portion: $ Budgeted? Yes® No❑ Account Codes —:119-79040-53 )03 )40-TB-l9403-X-530-340 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW Changes ifities, janitorial, salaries, etc. Needed R,'er Division Director Yes[--] No® Risk Management tL� Yes F-1 Noo/ O.M.B./Purchasing I — "'it, '%C- Yes F-1NoE1 o County Attorney -)�2-31(o YesF-j No C. Hall Comments: UMB Form Revised 2/27/01 MCP #2 Date Out 71 f Inter -local Grant Award Agreement THIS AGREEMENT (Agreement) is entered into this day of 1 2010 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and the City of Marathon a Government agency organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the district pennies of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the beach cleaning and maintenance services at Sombrero and Coco Plum Beach; and WHEREAS, the Grantor and Tourist Development Council (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 attract tourists, and improve the property for use as beach and beach park facilities that are open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 1, 2010 through to September 30, 2011. 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 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide such services and materials as are necessary for cleaning and maintenance as described in Exhibit A of this agreement at Sombrero and Coco Plum Beach. The Grantee may fulfill this obligation through use of its own employees and/or by contracting with an independent contractor. a) There shall be a project manager to acknowledge receipt of goods or work performed. This Project Manager shall be Susie Thomas, 9805 Overseas Hwy., Marathon, FL 33050. Telephone: (305) 289-4103 or (305) 481-6315 (cell). E-mail: thomass(o-)-ci marathon. 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 with new contact information shall be provided in writing to the TDC administrative office. 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 City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ]D#: 791 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. (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. 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 $90,500 effective October 1, 2010 to pay for cleaning and maintenance as described in Exhibit A. Payment for cleaning and maintenance shall be made in four installments of $22,625 (Twenty Two Thousand, Six Hundred and Twenty Five Dollars) on a quarterly basis, in arrears. Payment will be made directly to the Grantee. Reimbursement request must show that Grantee has paid in full for materials and services relating to exhibit A prior to seeking the 50% (fifty percent) reimbursement from Grantor. The Grantee shall, commencing October 1, 2010, provide a quarterly invoice on the 1st day of each quarter to the Grantor's administrative office for the Tourist Development Council, with documentation showing the work which was performed during the preceding quarter, and payment shall be made in accordance with the Florida Local Government Prompt Payment Act. Grantee shall submit original copy of paid invoice, copy of cleared check paying for services, and a signed letter stating that the contractor has complied with the scope of services as outlined in paragraph 2 of this agreement. Documentation shall include a notarized statement signed by the project manager as to the completion of the services for which Grantee is invoicing the County. Payment for successive fiscal years outlined in paragraph 1 of this agreement, ending September 30, City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 F, 2011, shall not exceed $90,500, and no payment shall be made for any documentation and invoice received after the close of the fiscal year of September 30, 2011. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the BOCC. 4. RECORDS AND REPORTS. The Grantee 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it 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 Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. (a) Public Access. The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee 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 Grantee 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 3 County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee 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 Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it 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 County. 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. 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 harmless/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 suit, claim or action made 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. City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract I©#: 791 4 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 property 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. f) Right to Audit. 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCCITDC and the 3406 North Roosevelt Blvd. Corporation or 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PIL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee warrants that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 1.1 commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor 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. 12. TERMINATION. This Agreement shall terminate on September 30, 2011. 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 Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 7 (b) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee 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 Grantor 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 K1 or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. 18. AUTHORITY: Grantee 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 Grantee below certifies and warrants that the Grantee'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 Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee 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: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor 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. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-Maria;,MonroeCounty-FL.Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacini at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerks office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract (certificate only for worker's compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 im c/o Risk Management P.O. Box 1026 Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Susie Thomas 9805 Overseas Hwy. Marathon, FL 33050 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 and Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 11 have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. City of Marathon Beach Cleaning and Maintenance FY2011 Funding Contract ID#: 791 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: B City Clerk Ole, Print Name 10 Date: OR TWO WITNESSES (1 (I Print Name Board of County Commissioners of Monroe County Mayor/Chairman City of Marathon By t Mayon V City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#. 791 V Print Name Date: (2 (2 Print Name Date: M�N ROE COUNTY ATTORNEY PROVED ASSTORM:�T —1—CYNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date— '? - �1' -4 - �v 10 13 Exhibit A Property Name Type of Work Sombrero Beach Manual garbage/trash/litter collection, replace liners Landscape Maintenance Beach Seaweed Raking Walking Trail Maintenance Restroorn Maintenance/Shower Maintenance/Pavilion Maintenance Dune Restoration— reshaping berms, thinning or adding vegetation Playground Equipment Maintenance Sign Maintenance Fence Maintenance Property Name Type of Work Coco Plum Beach Manual garbage/trash/litter collection, replace liners Landscape Maintenance Beach Seaweed Raking Restroorn Maintenance/Pavilion Maintenance Dune Restoration -reshaping berms, thinning or adding vegetation Sign Maintenance Fence Maintenance C - -�( 0 octal Ye.-irIv Cost to C,!---v ot"Mal-athon. S 181 T0)00 TDC Ycar"v f3o,tlon- S90,- ) City of Marathon Beach Cleaning and Maintenance FY 2011 Funding Contract ID#: 791 14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20 2010 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase 1 project to extend termination of Agreement to November 30, 2010. 119 0105 a 1m* CHM1111013 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original Agreement at their meeting of October 21, 2009 CONTRACT/AGREEMENT CHANGES: Amendment to extend STAFF RECOMMENDATIONS: Approval TOTAL COST: S74,985 BUDGETED: Yes X No COST TO COUNTY: S74,985 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Marine Mammal Conservancy Contract # 636 Inc. Effective Date: 10/21/09 Expiration Date: 11/30/10 Contract Purpose/Description: Approval of an Amendment to Agreement with Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase I project to extend termination of Agreement to November 30 2010. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 74,985 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes : 121-71040-530340-TBO1-671-X-530340 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW Changes 4 Waln Needed Division Director Yes❑ No Risk Mana eent '.< ` Yes❑ No O M.B./Pur asing '�A\c�k!V3 Yes❑ No ilities, janitorial, salaries, etc. Date Out County Attorney q 1 Yes❑ NoZ Hall o I Comments: OMB Form Revised 2/27/01 MCP #2 F'r AMENDMENT tlst AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the_,,�J&day of 2010, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and the Marine Mammal Conservancy, Inc. a not for profit organization organized and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an agreement entered into on October 21, 2009 between the parties, awarding $74,985 to the Marine Mammal Conservancy, Inc. for the Marine Mammal Conservancy Phase 1 project; and WHEREAS, it has become necessary to request an extension to agreement to allow time to complete the permitting requirements for segment 3 of the project; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The agreement period as outlined in Paragraph 1 is extended to November 30, 2010, and all references within the agreement to the termination date shall be changed to November 30, 2010. 2. The remaining provisions of the agreement dated October 21, 2009 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) Board of County Commissioners Attest: Danny L. Kolhage, Clerk of Monroe County Deputy Clerk (CORPORATE SEAL) Attest: Secretary S xnet'. Z .i'_ / , , ,.1 � Print Name Date: OR TW WITNESSES M- n O 1 -�y Print Name, "r� / 2 Amendment #1 Marine Mammal Conservancy FY 2010 - $74,985 1D# 636 Mayor/Chairman Marine Mammal Conservanc Inc. By P ident Print Name Date: '�-/"Zl, / .14 C5 Print Name Date: I o MONROE COUNTY ATTORN Y ApPROV D AS T*VIW CC H ORNEY ASSiSiA � UN,T ¢�` (late Grant Award Agreement THIS AGREEMENT (Agreement) is entered into this day of 2009 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and the Marine Mammal Conservancy, Inc. a not for profit organization organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the district pennies of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the Marine Mammal Conservancy Phase I project; and WHEREAS, the Grantor and Tourist Development Council (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 attract tourists, and construct the property for use as a zoological park that is open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 21, 2009 through to September 30, 2010. 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 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of services: Segment 1: Framing; Electrical; HVAC; Insulation and Drywall. Segment 2: Railings; Stucco; Tile; Painting; Plumbing; Electrical; Lift; Hot water system. Segment 3: Curb; Driveway; Gate. 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, 2010 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2010 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 Robert Lingenfelser, PO Box 1625, Key Largo, FL 33037 (Telephone: 305-451-4774). Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated and notice with new contact information shall be provided in writing to the TDC administrative office. AJar1ne Watninal Conservancy FY 2010 Funding Contract 04. 636 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. (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. 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 $74,985 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 Fxhibit A. Payment for expenditures permissible by law and County Allarine Allammal Conservancy FY 2010 Funding Contract 04: 636 N policies shall be made through reimbursement to Grantee upon presentation of Application for Payment Summary— AIA 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 reimbursement. 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 10010 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: AIA Document G-702 Application for Payment Summary AIA Document G-704 Certificate of Substantial Completion AIA Document G-706 Contractor's Affidavit of Debts & Claims AIA Document G-706A Contractor's Affidavit of Release of Liens AIA 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 AIA 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, 2010. Invoices received after September 30, 2010 will not be considered for payment. Marine Mammal Conservancy FY 2010 Funding Contract iD#.- 636 93 b) Documentation shall be submitted to the TDC Administrative Office to show the receipt and application of in -kind donations of goods, professional services, and materials. Said documentation should include invoices, bills of lading, etc., and be verified as received and applied to the project through a notarized statement of the project architect, engineer, general contractor or project manager. The receipt and application to the project of volunteer labor are to be documented and verified by notarized signature of the project architect, engineer, general contractor or project manager, and said documentation submitted to the TDC Administrative Office. All submissions shall identify the items included in Exhibit A and grantee shall complete the Application for Payment form which is provided within the paymenVreimbursement kit provided to the grantee, listing the schedule of values which are sought to be reimbursed and shall 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. Photographs showing progress on project shall be included in any payment request. The Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. c) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2010. Invoices received after September 30, 2010 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC, capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed form with the appropriate invoice to the TDC Administrative Office. Real property acquired or improved through funding under this Agreement shall remain dedicated for the purposes set forth herein or for other purposes which promote tourism and ownership of said property shall be retained by the Grantee. The following terms shall apply: (i) The Grantee shall have the use of the property, including both realty and personally acquired with funding under this agreement, at the project site for so long as the facility is operated by Grantee, open to the public, and has a primary purpose of promoting tourism. Ailanne Pvlammal Conservancy FY 2010 Funding Contract ID#: 636 4 At such time as any of the conditions in the preceding sentence shall cease to exist, the Grantee shall transfer ownership and possession of equipment and personal property to a local government or another not -for -profit organization which is a facility for which tourist development taxes may be used pursuant to Florida Statute with prior approval from TDC and BOCC, (i i) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist -related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding, This provision shall survive the termination date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non -tourist related purpose occur after the facility has been used for tourist -related purposes for at least three (3) years, the amount of refund shall be pro -rated based on a useful life of ten (10) years. (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition, (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS. The Grantee 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it 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 Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. (a) Public Access, The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. Marine Vammal Conservancy FY 2010 Funding Contract 10#.- 636 N 4 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee 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 Grantee 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee 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 Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it 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 Marine Mammal Conservancy FY 20 10 Funding Contract tract ID 4: 636 6 A 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 harmless/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 suit, claim or action made 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 property 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. Marine AJammal Conservancy FY 2010 Funding Cutiitdct 1D#: 636 7 f) Right to Audit. 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, Urine Uwntral Conservancy FY 20 10 Funding Contract ID#. 636 D., J"A relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PI_ 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee 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 TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor 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. 12. TERMINATION. This Agreement shall terminate on September 30, 2010. 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 Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor. Nfarine Mammal Conservancy FY 20 10 Funding Contract ID#: 636 9 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee Nlanne Mammal Conservancy FY 2010 Funding Lontaid 04. 636 10 specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee 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 Grantor 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. Marine Warninal Conservancy FY 2010 Funding Cut dract ID#., 636 18. AUTHORITY: Grantee 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 Grantee below certifies and warrants that the Grantee'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 Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee 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: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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 Combined Single Limit (CSQ If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. 4. The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. Uirine Mammal Conservancy FY 20 10 Funding i ­ ootract 04: 636 12 The policy shall be endorsed permitting the County to occupy the building prior to completion without affecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee, The Grantee, the Grantor 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. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slav i k-Maria (d., Mcnr(DeCOUn tv- FL. Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacinil at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerks office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract. Insurance should be mailed to: Monroe County Board of County Commissioners C/O Risk Management Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Robert Lingenfelser PO Box 1625 Key Largo, FL 33037 Marine Mammal Conservancy F Y 2010 Funding Contract 10#.- 636 13 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 MR Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Varioe Alammal Conservancy FY 2010 Funding Contract /0,'/., 636 14 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic., quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart, 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 117arine lVatni-ral Conservancy FY 2010 Funding Contract ID#.- 636 is W IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be d the day and year first above written, Kolhage, Clerk (;ORPORATE SEAL) Attest: By. Secrefary Print Name Date: OR TWO WITNESSES (1) (1) Print Name Date: Marine Mammal Conservancy FY 2010 Funding Contract 10#: 636 Board of County Commissioners of Monroe County Mayor/Chairman Marine Mammal Conservancy, Inc. 4 By President Zic Print Name Date: (2 Print Name Date: MONROE COUNTY ATTORNEY APRROVED AS TO FORM: 16 QRTN T H-41 ASSISTANT COUNTY ATTORNEY 0 I I c 0 0 0 CL- -4- I --------------------------------------------------- F-1 C) :D 0 06 (Y) > 14- 1 17 7C) o o (- ry 0 C 0 -4- 0 ED < D > 0 LL- c- 0 ry 7 r 0 CORD CERTIF ��TE OF ;�� LIABILITY INS,��__�,ONCE DATE(MMIDDlYYYY) 10/01/2009 PRODUCER 305.852.3234 FAX 305.852.3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Regan Insurance Agency, Inc. 90144 Overseas Hwy. Tavernier, FL 33070 INSURED Marine Mammal Conservancy PO Box 1625 Key Largo, FL 33037 nnVFPAnFq ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Markel International Ins Co Lt INSURER B: 1 INSURER C: INSURER D INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR Do NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMlDDtYYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS A X GENERAL LIABILITY r COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR X Owners & Contract0 MKF5281 09/29/2009 09/29/2010 EACH OCCURRENCE $$--_ 11000, 00 $ _tI PREMISESA a occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE� I LOC PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS - i\ \ = v` I I (' COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) I BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ i GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ T EXCESS / UMBRELLA LIABILITY OCCUR u CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ! N ANY PROPRIETORtPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below I STATU- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTIj R BuIFfders Risk -Property i MKF5281 ( 09/29/2009 05/01/2010 j Total Cost $154,000 j Basic Form, 100% coinsurance DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS 02200 Overseas Highway, Key Largo, Fl 33037 ertificate holder is shown as an additional insured per policy forms, conditions, limitations and exclusions ('1:0TI1:Ir`ATF Wnl nFR GANGELLAIION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Monroe County BOCC & TDC PO Box 1026 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Key West, FL 33041-1026 lJohn Crowell BMONRO ACUKU 25 (zuuviul) FAX: 305.295.3179 W lV00-AVVV H%,%JrXJ 1-VRr%Jr% I1V17. M1111911t3 luawlvau. The ACORD name and logo are registered marks of ACORD ' OI If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 (2009/01) v 19% Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Marine Mammal Conservancy, Inc. Contract for: Completion of the construction of Phase I of the Marine Mammal Conservancy. TDC Monies will be used to reimburse MMC for documented expenses to suppliers, the General Contractor, subcontractors and MMC related construction expenses. Address of Contractor: Mailing: PO Box 1625; Key Largo, FL 33037. Physical: 102200 Overseas Hwy; Key Largo, FL 33037. Phone: 305-451-4774 Scope of Work: _ Completion of the interior of the building; including the electrical/ plumbin>� and HVAC Systems stucco/painting of the exterior of the two buildings, installation of the Curb Cut on US 1/Drivew y/Parking Lot, Installation of the connection/lift/pump station and pipeline to tie into the Key Largo Waste Water Treatment System, Installation of a new Gate Fence and landscaping Reason for Waiver: NO WORKERS COMPENSATION The Marine Mammal Conservancy is all volunteer and has no paid staff. Volunteers do sign waivers and hold harmless agreements in order to participate in MMC sponsored activities._ Policies Waiver will apply to: _Marine Mammal Conservancy, Inc and all of its volunteers Signature of Contractor: jyU giggg.it e4 74 President Risk Management: Date: County Administrator Appeal: Approved _ Date: Board of County Commissioners Appeal: Approved Meeting Date: Not Approved Not Approved Not Approved DATE (MWDO1YYYY) ACORP,,,, CERTIFKo � TE OF LIABILITY INS".L4NCE 07/21/2009 >RODUCER (305)852-3234 FAX (305)$52-3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Regan Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 90144 Overseas Hwy. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tavernier, FL 33070 INSURERS AFFORDING COVERAGE NAIC # INSURED Marine Mammal Conservancy !INSURER A: Western World Insurance Co 13196 P0 BOX 1625 j INSURERB: Key Largo, FL 33037 INSURERC: INSURER D: �!. INSURER E: V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !NSA LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DD/YYYY ' DATE MM/D0/YYYY LIMITS - GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY NPP1185761 12/01/2008 12/01/2009 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RERTE0_ PREMISES Ea occurrence $ 50,00 MED EXP (Any one person) .,_ $ S,00 CLAIMS MADE E OCCUR PERSONAL & ADV INJURY $ 1,000,00 A X GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Exclude X POLICY JE4 LOC � AUTOMOBILE LIABILITY ANY AUTOS ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS r'" ,.� -% COMBINED SINGLE LIMIT (Ea accident) $ __ BODILY INJURY (Per person) $ i BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) $ � GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESS! UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVEt OFFICER/MEMBER EXCLUDED? (Mandatory In NH) t % i - TORY LIMITS Eft _ - E.L. EACH ACCIDENT $ _ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If es. describe under SPECIAL PROVISIONS below ( i OTHER I I DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS rescue, rehab & release of dolphins and whales ertificate Holder is shown as an additional insured per policy forms, conditions, limitations and exclusions EF: TDC CONTRACT rGiZTIPIreTF Nnt nFR CANCELLATION Monroe County Board of County Commissioners & TDC c/o Risk Management PO Box 1026 Key West, FL 33041 25(2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION'. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE �f John Crowell/BMONRO /( ® 1988-2009 ACORD CORPORATION. All rights res The ACORO name and logo are registered marks of ACORO ��������U ����o� ouu n�w*�0� �� �~u LIABILITY " ""�~°~���a���~~��07/31/2009 PRODUCER ~`^'-'-''' Tn\�o�nnF|CArE\amSucoxSxxx4TTEROF\mFonMxTmw —- � S ORIGHTS UPON THE CERTIFICATE Regan Insurance Agency, Inc. HOLDERJHIS ~''— '--- � CERTIFICATE DOES NOT AMEND, EXTEND OR 90I44 Overseas Hwy. |- | ALTER THE COVERAGE AFFORDED BYTHE PDuC\ESBELOW. � ' � Tavernier. FL 33078 | wxnpso MARINE MAMMAL CONSERVANCY | p0 BOX 1625 KEY LARQO, FL 33037 INSURERS COVERAGE /w`v,,n^ Sentirlel ."s Co . / m,vvr�c \ ~~`~---- THE POLICIES OF INSURANCE LISTED BELOVJ HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE pnj_ICy PEPIOD INDICATED NOT','JITHSTANDING ANY REOUIPEMENT TERMOP CONDITION OF ANY CONTRACT OR OTHER DOC—LIMENTV41TH RESPECT TO VIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHO�%IN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L TYPE OF INSURANCE POLICY NUMBER DATE tM ID OALTEt 11PD LIMITS GENERAL LIABILITY NCE $ PRO - POLICY JECT GARAGE LIABILITY ANY ALTO )I -HER rHAN EXCESS � UMBRELLA LIABILITY RETENTION WORKERS COMPENSATION IS IR AND EMPLOYERS' LIABILITY Y N (Mandatory in NH) OTHER DESCRIPTION OF OPERATIONS i LOCATIONS / VEHICLES,, EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS escue, rehab & release of dolphins and whales ertificate holder is shown as an additionalinSUred per policy forms, conditions, limitations and exclusions Ref: TDC contract SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Monroe County Board of County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF AN,,' KIND UPON THE INSURER ITS AGENTS OR & TDC c/o Risk Management REPRESENTATIVES. Key West, FL 33041 John Crowell/BMONRO Aconoz*(znoom1) , '"""^""^'~~'`~~~'`' ~'`-''~^ ~'^=----- The ACORD narneand logo are registered marks of ACOno . � Kthe certificate holder ieanADDITIONAL INSURED, the policxieamust beendorsed. Astatement onthis certificate does not confer rights to the certificate holder in lieu of such endorsernent(s) |fSUBROGATION |SWAIVED. subject Vothe terms and conditions of the policy. certain policies may require an endorsement, A statement on this certificate floes not confer rights to the certificate holder inlieu ofsuchondomemenKm DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend oralter the coverage afforded hythe policies listed thereon. ACORD25(zn09/01) Kthe certificate holder ieanADDITIONAL INSURED, the policxieamust beendorsed. Astatement onthis certificate does not confer rights to the certificate holder in lieu of such endorsernent(s) |fSUBROGATION |SWAIVED. subject Vothe terms and conditions of the policy. certain policies may require an endorsement, A statement on this certificate floes not confer rights to the certificate holder inlieu ofsuchondomemenKm DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend oralter the coverage afforded hythe policies listed thereon. ACORD25(zn09/01) BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20, 2010 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Marine Mammal Conservancy, Inc. covering the Marine Mammal Conservancy Phase 11 Property Improvements project in an amount not to exceed $28,180, DAC V, FY 2011 Capital Resources. ITEM BACKGROUND: TDC approved same at their meeting of August 10, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: S283180 — BUDGETED: Yes X — No COST TO COUNTY:. $28,180 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X 00-A, rchasing X Risk Management X sr DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/106 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I Contract with: Marine mammal Conservancy, Inc. CONTRACT SUMMARY Contract # Effective Date: 790 10/20/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with Marine Mammal Conservancy, Inc. covering the Marine Mammal Conservancy Phase 11 Property Improvements project in an amount not to exceed $28,180, DAC V, FY 2011 Capital Resources. Contract Manager: Maxine Pacini (Name) I for BOCC meeting on 10/20/10 3523 TDC # 3 (Ext.) (Department/Stop Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 28,180 Current Year Portion: $ Budgeted? Yes® No F-1 Account Codes — .I 21-71040-530--140-TB- 11671 -X-53034-0 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: /yr For: (Not included in dollar value above) -- (egmaintenance, utilities, janitorial, salaries, etc.) Changes DiAte tn Needed Division Director /-/,3;�ZO Yes❑ Noa Risk Managerne t "'It- 1V Yes❑ NoE3- A O.M.B./Purc ing k j YesNo F� 12 County Attorney 7 A't o Yesf� NoD-'------C--Hall Comments: t-IN An T1-- -1— ,/Da 1 /0 ut Grant Award Agreement THIS AGREEMENT (Agreement) is entered into this day of 2010 by and between MONROE COUNTY, a political subdivision of the State of Florida (County or Grantor) and Marine Mammal Conservancy, Inc. a not for profit business organized and operating under the laws of the state of Florida (Grantee) WHEREAS, the district pennies of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the Marine Mammal Conservancy Phase 11 Property Improvements project; and WHEREAS, the Grantor and Tourist Development Council (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 attract tourists, and construct, enlarge and improve the property for use as a zoological park that is open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 20, 2010 through to September 30, 2011. 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 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of services: Materials and labor necessary to complete the Marine Mammal Conservancy Phase 11 Property Improvements project. 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, 2011 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2011 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 Art Cooper, P.O. Box 1625, Key Largo, FL 33037-1625. Telephone: (305) 360-2204. E-mail: art�clol-phin splus.com. Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated and notice with new contact information shall be provided in writing to the TDC administrative office. Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 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. (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. 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 $28,180 for materials and services used to construct, enlarge and 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. Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 IN 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— AIA 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 reimbursement. Included in said documentation shall be proof that the Grantee has received the property, realty or personalty, 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: AIA Document G-702 Application for Payment Summary AIA Document G-704 Certificate of Substantial Completion AIA Document G-706 Contractor's Affidavit of Debts & Claims AIA Document G-706A Contractor's Affidavit of Release of Liens AIA 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 AIA 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, 2011. Invoices received after September 30, 2011 will not be considered for payment. Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 3 b) Documentation shall be submitted to the TDC Administrative Office to show the receipt and application of in -kind donations of goods, professional services, and materials. Said documentation should include invoices, bills of lading, etc., and be verified as received and applied to the project through a notarized statement of the project architect, engineer, general contractor or project manager. The receipt and application to the project of volunteer labor are to be documented and verified by notarized signature of the project architect, engineer, general contractor or project manager, and said documentation submitted to the TDC Administrative Office. All submissions shall identify the items included in Exhibit A and grantee shall complete the Application for Payment form which is provided within the payment/reimbursement kit provided to the grantee, listing the schedule of values which are sought to be reimbursed and shall 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. Photographs showing progress on project shall be included in any payment request. The Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. c) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2011. Invoices received after September 30, 2011 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed form with the appropriate invoice to the TDC Administrative Office. Real property acquired or improved through funding under this Agreement shall remain dedicated for the purposes set forth herein or for other purposes which promote tourism and ownership of said property shall be retained by the Grantee. The following terms shall apply: Marine Mammal Conservancy FY2011 Funding Contract ID#: 790 4 (i) The Grantee shall have the use of the property, including both realty and personalty acquired with funding under this agreement, at the project site for so long as the facility is operated by Grantee, open to the public, and has a primary purpose of promoting tourism. At such time as any of the conditions in the preceding sentence shall cease to exist, the Grantee shall transfer ownership and possession of equipment and personal property to a local government or another not -for -profit organization which is a facility for which tourist development taxes may be used pursuant to Florida Statute with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist -related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding. This provision shall survive the termination date of all other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non - tourist related purpose occur after the facility has been used for tourist -related purposes for at least three (3) years, the amount of refund shall be pro -rated based on a useful life of ten (10) years. (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS. The Grantee 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. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it 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 Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. Marine Mammal Conservancy F Y 2011 Funding Contract ID#: 790 61 (a) Public Access. The County and Grantee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 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. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee 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 Grantee 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. (a) No Personal Liability. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee 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 Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it 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. Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 1.1 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 County. 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. 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 harmless/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 suit, claim or action made 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 property 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. Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 7 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. f) Right to Audit. 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. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCCfrDC and the 3406 North Roosevelt Blvd. Corporation or 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 Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Grantee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee agree to comply with all Federal Marine Mammal Conservancy F Y 2011 Funding Contract ID#: 790 PP and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee 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 TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor 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. 12. TERMINATION. This Agreement shall terminate on September 30, 2011. 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 Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor 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 Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 01 Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor 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 Grantee and the Grantor. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. This Agreement is not subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (c) Attorney's Fees and Costs. The County and Grantee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. (d) Adjudication of Disputes or Disagreements. County and Grantee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 10 resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This agreement shall not be subject to arbitration. (e) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Grantee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee 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 Grantor 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. The County and Grantee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Grantee agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (a) Covenant of No Interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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 Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 11 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. 18. AUTHORITY: Grantee 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 Grantee below certifies and warrants that the Grantee'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 Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee 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: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee 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, Grantee shall maintain on file with the Grantor 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 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Grantee, the Grantor 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. Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 12 Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: Original Certificate of Insurance or Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-Maria-MonroeCounty-FL.Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacini at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerks office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured for this contract (certificate only for worker's compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Art Cooper PO Box 1625 Key Largo, FL 33037-1625 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 F M Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 13 Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Grantee agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 14 removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Marine Mammal Conservancy FY 2011 Funding Contract ID#: 790 ip IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk , SEAL) Attest r A By.> Y Secretary Print Name Date: r� �41,/ �c OR TVtt TNESSES Print Name Date: Marine Mammal Conservancy FY 2011 Funding Contract ID#, 790 Board of County Commissioners of Monroe County Mayor/Chairman Marine Mammal Conservancy, Inc. By President 'c Print Name Date: '. (2) Print Name Date: off"` - —"/C% MC RCE C0UNTYATT©RNF_Y CYNTHIA L. HALL ASSI TAi T CC3 NTY AT ORNEY Date 16 0 I E .0 E E u o 0 U 0 := Q. (X E 0 :E u 0 acr 04 > E E 0,02 CL D 0 V) '04 Z ijj 0 X > ui -1 LU c :E p M. c z ui ad CL U- 0 LL. LL. 0 0 U3 0 0 ui uj co U E :D u o 0 U z z z z -0 - C- 0 00 --i 00 04 V) 0 0 �4- 01 o t: 72 43 y0 u 4, 0 50 CIO so :,o _5 rA 0 0 E 0 :1 0 0 0 0 I 1 0 I C 0 Oo 0 a u -------------------------------------------------------------------------------------------------- S > 0 0 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20, 2010 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Nautical Flea Market in an amount not to exceed $8,000, DAC 11, FY 2011 Event Resources. ITEM BACKGROUND: TDC approved same at their meeting of September 14, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: S8,000 BUDGETED: Yes X No COST TO COUNTY: $8,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # CONTRACT SUMMARY Contract with: Lower Keys Chamber of Contract # 813 Commerce, Inc. Effective Date: 10/20/10 Expiration Date: 9/3 )0/11 Contract Purpose/Description: Approval of an Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Nautical Flea Market in an amount not to exceed $8,000, DAC 11, FY 2011 Event Resources. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: $ 8,000 Budgeted? Yes® No F-1 Account Codes Grant: $ County Match: Estimated Ongoing Costs: $ — (Not included in dollar value above Current Year Portion: 115-75360-530340-TM-15573-X-5303401/ 118-78030-530340-TS-18573-X-530340/ ADDITIONAL COSTS ./yr For: CONTRACT REVIEW util etc. Changes Date Out Division Director Date In Needed YesF-1 No[Tj ttwer RiManager�ent I Ysk es" No[a n. O.M.B./Pur`cZing cl, I 1-) 1 Yes❑ NoF-1 County Attorney l YesEl NoEl— C. Hall —po 7 /1 A Comments: OMB Form Revised 2/27/01 MCP #2 Destination Events Agreement THIS AGREEMENT (Agreement) is entered into this day of 2010 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Lower Keys Chamber of Commerce, Inc. a not for profit business organized and operating under the laws of the state of Florida (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The County agrees to pay up to $8,000 (Eight Thousand Dollars) for the Big Pine & Lower Keys Nautical Flea Market in January, 2011 from tourist development tax funds (see Exhibit "C"). Of this amount, no more than 10% or $800 (Eight Hundred Dollars) shall be expended on advertising media costs attributable to in -county placement. The general non -allocated section of an avent budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget nines that may require additional funds. No amendments shall be made to Exhibit "C" after approval of contract. A flst of Acceptable Event '11.4arketing Pxpenses is attached to the agreement as Exhibit "A". 2. Scope of Services: The event sponsor agrees to provide the County with an event as specified below: a). Two days of Nautical Flea Market Activities b). Food and Beverage Vendors c). Live Musical Performances 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and COUNTY. The agencies of record shall receive payment for work in progress upon submission of documented invoices associated with the event. 4. Payment: Any payments directly to the event sponsor or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accounting: Financial records of the event Sponsor pertaining to this project shall be kept according to generally recognized accounting principles and shall be available to the COUNTY or to an authorized representative for audit. 6. Modification: Line item changes to the advertising and promotion budget may be made up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of the particular change. 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the COUNTY reserves the right at its Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 discretion, provided such breach is material, to terminate this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the event sponsor. 8. Termination: This Agreement will be terminated on September 30, 2011. All invoices must be submitted prior to September 30, 2011. 9. Non Occurrence of Event: If the event does not take place for any reason under control of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund to the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY from any further payments. The event sponsor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1) reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. Indemnification and Hold Harmless: The event sponsor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 11. Permits: The event sponsor will secure all required permits, licenses and shall pay all appropriate business taxes. 12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charges: The COUNTY and TDC shall not be responsible for any finance charges. 14. Relation of COUNTY/TDC: It is the intent of the parties hereto that the event sponsor shall be legally considered as an independent Event Sponsor and that neither it nor its employees shall, under any circumstances, be considered employees, servants or agents of the COUNTY and TDC and the COUNTY and TDC shall at no time be legally responsible for any negligence on the part of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Disclosure: The event sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The event sponsor shall disclose to the COUNTY and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the COUNTY and TDC. 16. Assignment: The event sponsor shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the COUNTY. 17. Compliance with laws - Nondiscrimination: The event sponsor, shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 18. Force Maieure: The event sponsor shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the event sponsor has exercised reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall not constitute a breach of the Agreement. Upon demand of TDC or COUNTY, the event sponsor must furnish evidence of the causes of such delay or failure. COUNTY shall not pay for any services or activities, promotional or otherwise, connected with an event produced after the date(s) described in paragraph 1 and Scope of Services. 19. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Sponsor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 20. Security Protection: The event sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 21. Ownership: All advertising and promotion work performed under the agreement and paid for by the COUNTY and TDC shall be the property of the COUNTY and TDC, for whatever use and/or disposition the COUNTY and TDC may deem appropriate. 22. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures and still photographs paid by the COUNTY and TDC under this agreement. 23. Logo: Logo Usage guidelines are attached to this contract as Exhibit "B". For all promotional literature and display advertising with the exception of generic advertising must display the "Big Pine and Florida's Lower Keys" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in April, 2010. 24. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 25. Authority: Each of the signatories for the sponsor below certifies and warrants that: a) The Sponsor's name in the agreement is the full name as designated in its corporate charter, and b) they are empowered to act and execute the agreement for the Sponsor and c) this Agreement has been approved by the Sponsor's Board of Directors. 26. Ethics Clause: The event sponsor warrants that it has not employed, retained or other wise had act on its behalf, any former County office or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 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. 27. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for period of 36 months from the date of being placed on the convicted vendor list." 28. Notice: Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Carole Stevens PO Box 430511 Big Pine Key, FL 33043 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 29. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and event sponsor. Except as provided in paragraph 6 of this Agreement, this Agreement can never be amended or modified except in a writing signed by the parties hereto. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) Board of County Commissioners Attest: Danny L. Kolhage, Clerk of Monroe County Deputy Clerk (CORPORATE SEAL) Attest: L0 Secretary Print Name Date: OR TWO WITNESSES (1) Print Name: Mayor/Chairman Lower Keys Chamber of Commerce, Inc. Z 0 tv ��- �Ig2- Print Name Date: (2) Print Name: Date: Date: MONROE COUNTY ATTORNEY AP VEP AST F 11— Ali:-ry CNTH1AL. HALL ASSISTA CODUNTY ATTORNEY Data Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 Acceptable Event Marketing Expenses For Destination Events BOCC 9/20/06 ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe County Tourist Development Council's policies and procedures pertaining to event funding. (01 /22/92) When DAC event proposals are received, they will be distributed to DACs for review and recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, as determined within the RFP, will not be accepted. TDC 7/21/93. This policy mirrors that of the Board of County Commissioners. BOCC (9/8/93) EVENT FUNDING: The TDC has established several categories of events that may receive funding. There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist Development Council. TDC funded items are NOT to be sold. (9/14/94) Only the items listed will be reimbursed for the described events. All event coordinators will receive a reimbursement/direct payment packet that includes an executed copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. No individual applications for Event funding will be considered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing & Diving). (7/26/95) Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/19/10) DESTINATION EVENTS: Destination events will be paid as per the scope of services within the contract and those acceptable items/expenses listed below. Destination events may utilize up to 10% of their approved line item budgets for in -county hard media and public relations. A general non -allocated line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC items as listed in this section. There cannot be more than a 10% deviation on the approved line item budget. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising only2 Promotional Signs: posters and banners Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement. Direct Mail Promotions- brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre -event advertising. Pro -grams: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Public Relations (PR): Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photography to be utilized in PR releases and video news releases as approved by the public relations agency of record. Only permissible PR material produced by the agency of record and/or a professional public relations agency shall be acceptable. (7/21/10) In -House Production: In-house production of any permissible expenditures will not be considered for reimbursement. (7/21/10) Event Promotions: TDC funding is intended for promotion of events as opposed to the ongoing programs of an organization or promotion of the facility. TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility. (7/21/10) Items that have not been approved by the appropriate agency of record prior to prod uction/placement shall not be considered for reimbursement/direct payment. ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. BOCC (5/16/06) SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as such may not be sold. (09/14/94) Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 Logo/Acknowledgement Usage Guidelines For District I Destination Events BOCC 4/21 /10 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" In -County Logo The below logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. BigpineKey dnd Florida's Lower Keys MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation is to be utilized in all other efforts including any approved out -of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856- 6060. Bigpine ey andfloridd's Loiwer Keys Big Pine & Lower Keys Nautical Flea Market FY 2011 Contract ID#: 813 E K EXHIBIT MONROE COUNTY TOURIST DEVELOPMENT COUNCIL BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record There will be no amendments to this budget (Exhibit A) after BOCC approval of Agreement FISCAL YEAR 2011 EVENT NAME: 7th Annual Big Pine & Lower Keys Nautical Flea Market MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website/internet advertising only $7,425.00 PROMOTIONAL SIGNS: posters/banners $300 PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $ DIRECT MAIL PROMOTIONS: brochures/pamphlets/ postage & shipping $75,00 PROGRAMS: $ PUBLIC RELATIONS $ *GENERAL NON -ALLOCATED $200.00 TOTAL: $8,000.00 *GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS. ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSED/DIRECT PAID BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20, 2010 Division: TDC Bulk Item: Yes X No _ Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Upper Keys Rotary Foundation, Inc. covering the Gigantic Nautical Flea Market in February, 2011 in an amount not to exceed $7,500, DAC IV, FY 2011 Event Resources. ITEM BACKGROUND: TDC approved same at their meeting of September 14, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $7,500 BUDGETED: Yes X No COST TO COUNTY: S7,500 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: DISPOSITION: Revised 11 /06 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Upper Keys Rotary Foundation, Inc. 799 10/20/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Upper Keys Rotary Foundation, Inc. covering the Gigantic Nautical Flea Market in February, 2011 in an amount not to exceed $7,500, DAC IV, FY 2011 Event Resources. Contract Manager: -Maxine Pacini (Name) I for BOCC on 10/20/10 Contract # Effective Date: Expiration Date: 3523 TDC # 3 (Ext.) (Department/Stop #) Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: 7,500 Current Year Portion: Budgeted? Yes® NoF_J Account Codes —:120-700'30-5'30340-TS-1 0498-X-530340 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes D ten Needed Renewer Division Director YesF_J Risk Management Yes❑_� No F X 6IN, O.M.B /Purcv�lsing YesF-1 NoF_J County Attorney �io YesF_1 No[3'- Hall I Comments: Date Out OMB Form Revised 2/27/01 MCP 92 Destination Events Agreement THIS AGREEMENT (Agreement) is entered into this day of 1 2010 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Upper Keys Rotary Foundation, Inc. a not for profit business organized and operating under the laws of the state of Florida (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The County agrees to pay up to $7,500 (Seven Thousand and Five Hundred Dollars) for the Gigantic Nautical Flea Market in February, 2011 from tourist development tax funds (see Exhibit "C"). Of this amount, no more than 10% or $750.00 (Seven Hundred and Fifty Dollars) shall be expended on advertising media costs attributable to in -county placement. The general non -allocated section of an event budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget lines that may require additional funds. No amendments shall be made to Exhibit "IC.-" after approval of contract. A list of Acceptable Event Marketing Expenses is attach to the agreement as Exhibit "Ayl 2. Scope of Services: The event sponsor agrees to provide the County with an event as specified below: a). A two (2) day nautical flea market activities b). Food and Beverage vendors c). Marine, Boating, Fishing, Diving and Nautical Antique Equipment vendors 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and COUNTY. The agencies of record shall receive payment for work in progress upon submission of documented invoices associated with the event. 4. Payment: Any payments directly to the event sponsor or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accounting: Financial records of the event Sponsor pertaining to this project shall be kept according to generally recognized accounting principles and shall be available to the COUNTY or to an authorized representative for audit. 6. Modification: Line item changes to the advertising and promotion budget may be made up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of the particular change. 7. Preach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the COUNTY reserves the right at its discretion, provided such breach is material, to terminate this agreement for any Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the event sponsor. 8. Termination: This Agreement will be terminated on September 30, 2011. All invoices must be submitted prior to September 30, 2011. 9. Non Occurrence of Event: If the event does not take place for any reason under control of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund to the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY from any further payments. The event sponsor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1) reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. Indemnification and Hold Harmless: The event sponsor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 11. Permits: The event sponsor will secure all required permits, licenses and shall pay all appropriate business taxes. 12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charges: The COUNTY and TDC shall not be responsible for any finance charges. 14. Relation of COUNTY/TDC: It is the intent of the parties hereto that the event sponsor shall be legally considered as an independent Event Sponsor and that neither it nor its employees shall, under any circumstances, be considered employees, servants or agents of the COUNTY and TDC and the COUNTY and TDC shall at no time be legally responsible for any negligence on the part of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Disclosure: The event sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The event sponsor shall disclose to the COUNTY and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the COUNTY and TDC. 16. Assignment: The event sponsor shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the COUNTY. 17. Compliance with laws - Nondiscrimination: The event sponsor, shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 18. Force Maieure: The event sponsor shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the event sponsor has exercised reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall not constitute a breach of the Agreement. Upon demand of TDC or COUNTY, the event sponsor must furnish evidence of the causes of such delay or failure. COUNTY shall not pay for any services or activities, promotional or otherwise, connected with an event produced after the date(s) described in paragraph 1 and Scope of Services. 19. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Sponsor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 20. Security Protection: The event sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 21. Ownership: All advertising and promotion work performed under the agreement and paid for by the COUNTY and TDC shall be the property of the COUNTY and TDC, for whatever use and/or disposition the COUNTY and TDC may deem appropriate. 22. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures and still photographs paid by the COUNTY and TDC under this agreement. 23. Logo: Logo 'Usage guidelines are attached to this contract as Exhibit ` B". For all promotional literature and display advertising with the exception of generic advertising must display the "The Florida Keys - Islamorada" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in April, 2010. 24. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 25. Authority: Each of the signatories for the sponsor below certifies and warrants that: a) The Sponsor's name in the agreement is the full name as designated in its corporate charter, and b) they are empowered to act and execute the agreement for the Sponsor and c) this Agreement has been approved by the Sponsor's Board of Directors. 26. Ethics Clause: The event sponsor warrants that it has not employed, retained or other wise had act on its behalf, any former County office or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 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. 27. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for period of 36 months from the date of being placed on the convicted vendor list." 28. Notice: Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Candi Graves PO Box 1514 Tavernier, FL 33070 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 29. Entire Agr eement: The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and event sponsor. Except as provided in paragraph 6 of this Agreement, this Agreement can never be amended or modified except in a writing signed by the parties hereto. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: BY. Secretary Print Name Date: OR TWO WITNESSES (I Print Name* Date: Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 Board of County Commissioners of Monroe County Mayor/Chairman Upper Keys Rotary Foundation, Inc. By President Print Name Date: (2) Print Name: Date, -------------- coumrY ATTORNEY'r, M0%7�e F P'P i0\1 Hp LL -T -rof(NE' A.SSIS,TANI* Q0oNTY P, Date nt Marketing Expenses For Destination BOCC 9/20/06 ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEESI AND EVENT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe County Tourist Development Council's policies and procedures pertaining to event funding. (01 /22/92) When DAC event proposals are received, they will be distributed to DACs for review and recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, as determined within the RFP, will not be accepted. TDC 7/21/93. This policy mirrors that of the Board of County Commissioners. BOCC (9/8/93) EVENT FUNDING: The TDC has established several categories of events that may receive funding. There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist Development Council. TDC funded items are NOT to be sold. (9/14/94) Only the items listed will be reimbursed for the described events. All event coordinators will receive a reimbursement/direct payment packet that includes an executed copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. No individual applications for Event funding will be considered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing & Diving). (7/26/95) Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/19/10) DESTINATION EVENTS: Destination events will be paid as per the scope of services within the contract and those acceptable items/expenses listed below. Destination events may utilize up to 10% of their approved line item budgets for in -county hard media and public relations. A general non -allocated line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC items as listed in this section. There cannot be more than a 10% deviation on the approved line item budget. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising only2 Promotional Signs: posters and banners Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement. Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre -event advertising. Programs: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Public Relations (PR): Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photography to be utilized in PR releases and video news releases as approved by the public relations agency of record. Only permissible PR material produced by the agency of record and/or a professional public relations agency shall be acceptable. (7/21/10) In -House Production: In-house production of any permissible expenditures will not be considered for reimbursement. (7/21/10) Event Promotions: TDC funding is intended for promotion of events as opposed to the ongoing programs of an organization or promotion of the facility. TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility. (7/21/10) Items that have not been approved by the appropriate agency of record prior to production/placement shall not be considered for reimbursement/direct payment. ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. BOCC (5/16/06) SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as such may not be sold. (09/14/94) Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 Logo/Acknowledgement Usage Guidelines For District I Destination Events BOCC 4/21/10 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council' In -County Logo The below logo that includes the "Monroe County Tourist Development Council' designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include 'Brought to you by The Monroe County Tourist Development Council'. To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. The FlorldKe sidMOiddd MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council' designation is to be utilized in all other efforts including any approved out -of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets and koozie cups. Radio commercials should include Brought to you by. The Monroe County Tourist Development Council'. To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856- 6060. emo�ad Islaa Gigantic Nautical Flea Market Destination Event: FY 2011 Contract ID#: 799 W� MONROE COUNTY TOURIST DEVELOPMENT COUNCIL BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record There will be no amendments to this budget (Exhibit C) after BOCC approval of Agreement FISCAL YEAR 2011 EVENT NAME: Upper Keys Rotary 3igantic Nautical Flea Market MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, websiteiinternet advertising only $4,375.00 PROMOTIONAL SIGNS: postersibanners $500.00 PROMOTIONAL ITEMS: t-shirts, hats, jackets, koozie cups $1,500.00_ DIRECT MAIL PROMOTIONS: brochuresipamphlets/ postage & shipping $ PROGRAMS: $ PUBLIC RELATIONS $ *GENERAL NON -ALLOCATED $1,125.00 TOTAL: $7,500M *GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS. ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSED/DIRECT PAID BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER 20, 2010 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Domestic Abuse Shelter, Inc. covering the No Name Race in an amount not to exceed $3,000, DAC 11, FY 2011 Event Resources. ITEM BACKGROUND: TDC approved same at their meeting of September 14, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $3,000 BUDGETED: Yes X No COST TO COUNTY: S3,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY IContract with: Domestic Abuse Shelter, Inc. 816 10/20/10 9/30/11 Contract Purpose/Description: Approval of an Agreement with Domestic Abuse Shelter, Inc. covering the No Name Race in an amount not to exceed $3,000, DAC 11, FY 2011 Event Resources. I Contract Manager: Maxine Pacim for BOCC (Name) on 10/20/10 Contract # Effective Date: Expiration Date: 3523 TDC 4 3 (Ext.) (Department/Stop #) genda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: 3,000 Current Year Portion: Budgeted? YesZf No F-1 Account Codes —:" 115-75360-530340-TM-15679=X-530340 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Division Director Yes❑ NoF_1 Risk Manage me Ll' Yes❑ Noo/ 1'11b3 - urc O.M.B./P hUint F� g "11, 1 i c Yes❑ NoF1 F County Attorney 14, 10 YesF] NoF71— C. Hall I Comments: Date Out IJIVIL> I kil III Pluvncu .41G //V 1 1v1%_r ffz Destination Events Agreement THIS AGREEMENT (Agreement) is entered into this day of _, 2010 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Domestic Abuse Shelter, Inc. a not for profit business organized and operating under the laws of the state of Florida (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The County agrees to pay up to $3,000 (Three Thousand Dollars) for the No Name Race in January, 2011 (effective October 20, 2010) from tourist development tax funds (see Exhibit "C"). Of this amount, no more than 10% or $300 (Three Hundred Dollars) shall be expended on advertising media costs attributable to in -county placement. 11he general non -allocated section of an event budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget 'lines that may require additional funds. No amendments shall be made to Exhibit"C" after approval of contract. A list of Acceptable Event "'Aarketing ' Expenses is attached to the agreement as Exhibit "A". 2. Scope of Services: The event sponsor agrees to provide the County with an event as specified below: a). A Friday night pre -registration event b). A one (1) day run/walk race beginning at the Old Wooden Bridge Fish Camp on Big Pine Key 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and COUNTY. The agencies of record shall receive payment for work in progress upon submission of documented invoices associated with the event. 4. Payment: Any payments directly to the event sponsor or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accounting: Financial records of the event Sponsor pertaining to this project shall be kept according to generally recognized accounting principles and shall be available to the COUNTY or to an authorized representative for audit. 6. Modification: Line item changes to the advertising and promotion budget may be made up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of the particular change. No Name Race FY 2011 Contract ID#: 816 7. Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the COUNTY reserves the right at its discretion, provided such breach is material, to terminate this agreement for any misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the event sponsor. 8. Termination: This Agreement will be terminated on September 30, 2011. All invoices must be submitted prior to September 30, 2011. 9. Non Occurrence of Event: If the event does not take place for any reason under control of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund to the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY from any further payments. The event sponsor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1) reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. ' Indemnification and Hold Harmless: The event sponsor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 11. Permits: The event sponsor will secure all required permits, licenses and shall pay all appropriate business taxes. 12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charges: The COUNTY and TDC shall not be responsible for any finance charges. 14. Relation of COUNTY/TDC: It is the intent of the parties hereto that the event sponsor shall be legally considered as an independent Event Sponsor and that neither it nor its employees shall, under any circumstances, be considered employees, servants or agents of the COUNTY and TDC and the COUNTY and TDC shall at no time be legally responsible for any negligence on the part of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Disclosure: The event sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The event sponsor shall disclose to the COUNTY and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the COUNTY and TDC. 16. Assignment: The event sponsor shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the COUNTY. 17. Compliance with laws - Nondiscrimination: The event sponsor, shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or No Name Race FY 2011 Contract ID#: 816 national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. 18. ' Force Maieure: The event sponsor shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the event sponsor has exercised reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall not constitute a breach of the Agreement. Upon demand of TDC or COUNTY, the event sponsor must furnish evidence of the causes of such delay or failure. COUNTY shall not pay for any services or activities, promotional or otherwise, connected with an event produced after the clate(s) described in paragraph 1 and Scope of Services. 19. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Sponsor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 20. Security Protection: The event sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 21. Ownership: All advertising and promotion work performed under the agreement and paid for by the COUNTY and TDC shall be the property of the COUNTY and TDC, for whatever use and/or disposition the COUNTY and TDC may deem appropriate. 22. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures and still photographs paid by the COUNTY and TDC under this agreement. 23. Logo: Logo Usage guidelines are attached to this contract as Exhibit "B". For all promotional literature and display advertising with the exception of generic advertising must display the "Big Pine and Florida's Lower Keys" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in April, 2010. 24. Severability If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 25. Authority: Each of the signatories for the sponsor below certifies and warrants that: a) The Sponsor's name in the agreement is the full name as designated in its corporate charter, and b) they are empowered to act and execute the agreement for the Sponsor and c) this Agreement has been approved by the Sponsor's Board of Directors. No Name Race FY 2011 Contract ID#: 816 26. Ethics Clause: The event sponsor warrants that it has not employed, retained or other wise had act on its behalf, any former County office 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. 27. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for period of 36 months from the date of being placed on the convicted vendor list." 28. Notice: Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Venita Garvin Valdez PO Box 522696 Marathon Shores, FL 33052 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 29. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and event sponsor. Except as provided in paragraph 6 of this Agreement, this Agreement can never be amended or modified except in a writing signed by the parties hereto. 10:41A F-ANTI No Name Race FY 2011 Contract ID#: 816 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Date: A 5 TZIRN•�Mll vc Print , Name: Tess it-c'-J Date: u No Name Race FY 2011 Contract ID#: 816 Board of County Commissioners of Monroe County Mayor/Chairman Domestic Abuse Shelter, Inc. By. President Print Name Date: (2 Prir, ame: Q641KI, L, L /L 4- -)4, 6) Date: C-1 ii f f It, u. MONIE COUNTY ATTORNEY AOVE AST01-0 'WNTHIA L. HALL ASSIST TCOUqTYA TORNEY Date— C/ -- / � U/0 — 2 LJ < Acceptable Event Marketing Expenses For Destination Events BOCC 9/20/06 ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe County Tourist Development Council's policies and procedures pertaining to event funding. (01/22/92) When DAC event proposals are received, they will be distributed to DACs for review and recommendations to the TDC. Upon approval of the TDC of any event funding recommendations, a contract will be entered into by the applicant and BOCC. The BOCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, as determined within the RFP, will not be accepted. TDC 7/21/93. This policy mirrors that of the Board of County Commissioners. BOCC (9/8/93) EVENT FUNDING: The TDC has established several categories of events that may receive funding. There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items shall follow the logo/guidelines for the Monroe County Tourist Development Council. TDC funded items are NOT to be sold. (9/14/94) Only the items listed will be reimbursed for the described events. All event coordinators will receive a reimbursement/direct payment packet that includes an executed copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. No individual applications for Event funding will be considered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing & Diving). (7/26/95) Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/19/10) DESTINATION EVENTS: Destination events will be paid as per the scope of services within the contract and those acceptable items/expenses listed below. Destination events may utilize up to 10% of their approved line item budgets for in -county hard media and public relations. A general non -allocated line item is not to exceed 15% of the total budget and can only be utilized for acceptable TDC items as listed in this section. There cannot be more than a 10% deviation on the approved line item budget. Media Placement & Production Costs: newspaper; magazines, radio; TV; website/internet advertising on Iy2 Promotional Signs: posters and banners No Name Race FY 2011 Contract ID#: 816 Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement. Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre -event advertising. Programs: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Public Relations (PR): Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photography to be utilized in PR releases and video news releases as approved by the public relations agency of record. Only permissible PR material produced by the agency of record and/or a professional public relations agency shall be acceptable. (7/21/10) In -House Production: In-house production of any permissible expenditures will not be considered for reimbursement. (7/21/lo) Event Promotions: TDC funding is intended for promotion of events as opposed to the ongoing programs of an organization or promotion of the facility. TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility. (7/21/10) Items that have not been approved by the appropriate agency of record prior to production/placement shall not be considered for reimbursement/direct payment. ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. BOCC (5/16/06) SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as such may not be sold. (09/14/94) No Name Race FY 2011 Contract ID#: 816 IWAM 1-.Ikdm Logo/Acknowledgement Usage Guidelines For District I Destination Events BOCC 4/21/10 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" In -County Logo The below logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. BigpineKey dnd FlOridd's Lower Keys MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation is to be utilized in all other efforts including any approved out -of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856- 6060. BigPMe' Keyv antiFloriddAover Keys No Name Race FY 2011 Contract ID#: 816 MONROE COUNTY TOURIST DEVELOPMENT COUNCIL DESTINATION EVENT BUDGET BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record There will be no amendments to this budget (Exhibit C) after BOCC approval of Agreement FISCAL YEAR 2011 EVENT NAME: No Name Race MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, Ty,websitelinternet advertising only Ti agn PROMOTIONAL SIGNS: posters/banners 200 PROMOTIONAL ITEMS: t-shirts, hats 'ackets, koozie cups $450 DIRECT MAIL PROMOTIONS: brochures/pamphlets/ postage & shipping 400 PROGRAMS: $ PUBLIC RELATIONS $ *GENERAL NON -ALLOCATED $ TOTAL: $3,000 *GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS. ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSED/DIRECT PAID BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: OCTOBER20,2010 Bulk Item: Yes X No Division: TDC Department: Staff Contact Person/Phone #:- Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Agreement with Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab & Seafood Festival in an amount not to exceed $30,000, DAC V, FY 2011 Event Resources. ITEM BACKGROUND: TDC approved same at their meeting of September 14, 2010 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: S30,000 BUDGETED: Yes X No COST TO COUNTY: 530,000 SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: Revised 11/06 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key Largo Merchants Contract 4 825 Association, Inc. Effective Date: 10/20/10 Expiration Date: 9/30/11 Contract Purpose/Description: Approval of an Agreement with Key Largo Merchants Association, Inc. covering the Key Largo Stone Crab & Seafood Festival in an amount not to exceed $30,000, DAC V, FY 2011 Event Resources. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/10 Agenda Deadline 1015110 CONTRACT COSTS Total Dollar Value of Contract: 30,000 "' Current Year Portion: Budgeted? Yes® No ❑ Account Codes : 121-71030-530340-TS-11686-X-530340 Grant: $ County Match: ADDITIONAL COSTS Estimated Ongoing Costs: /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes ate n Needed ev Division Director YesF-� No Risk Management YesF❑ No[j VJ K OJ�.B./Purchasing C', YesF1 NoM L/ County Attorney YesFj NoD-- C. Hall Comments: Date Out umt5 r orm Kevisea 1,1z //u i M(F 42 Destination Events Agreement THIS AGREEMENT (Agreement) is entered into this day of 2010 by and between MONROE COUNTY, a political subdivisionofthe state of Florida (County) and Key Largo Merchants Association, Inc. a for profit business organized and operating under the laws of the state of Florida (Event Sponsor). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The County agrees to pay up to $30,000 (Thirty Thousand Dollars) for the Key Largo Stone Crab & Seafood Festival in January, 2011 (Rain date of two days in February, 2011) from tourist development tax funds (see E-xhlbit "C"). Of this amount, no more than 10% or $3,000 (Three Thousand Dollars) shall be expended on advertising media costs attributable to in -county placement. The general non -allocated section of an event budget shall not exceed 15% of the total budget and may be utilized for unforeseen permissible expenditures and for those budget 'lines that mayrequire additional funds. No amendments shall be made to Exhibit "C" after approval of contract. A list of Acceptable Event IMarketing Expenses 4,s attached to the agreement as Exhibit "A". 2. Scope of Services: The event sponsor agrees to provide the County with an event as specified below: a). A two (2) day Seafood festival with food & beverage; arts & crafts; amusement vendors; entertainment; cooking demonstrations; fishing clinics and "touch tanks". 3. All advertising and public relations services or supervision of advertising and public relations will be provided through the contracted agencies of the Tourist Development Council (TDC) and COUNTY. The agencies of record shall receive payment for work in progress upon submission of documented invoices associated with the event. 4. Payment: Any payments directly to the event sponsor or vendors associated with said event shall be as follows: Payment upon presentation of an invoice shall indicate the task completed for which payment is sought, with proper documentation attached. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the COUNTY. Only acceptable expenses listed in the Monroe County Tourist Development Council Operations Manual shall be paid. 5. Accounting: Financial records of the event Sponsor pertaining to this project shall be kept according to generally recognized accounting principles and shall be available to the COUNTY or to an authorized representative for audit. 6. Modification: Line item changes to the advertising and promotion budget may be made up to but not exceeding 10% of the larger line item amount without requiring COUNTY approval of the particular change. 7. ' Breach and Penalties: The parties agree to full performance of the covenants contained in this agreement, and the COUNTY reserves the right at its discretion, provided such breach is material, to terminate this agreement for any Key Largo Stone Crab & Seafood Festival FY 2011 Contract ID#: 825 misfeasance, malfeasance, or nonperformance of the agreement terms or negligent performance of the agreement terms by the event sponsor. 8. Termination: This Agreement will be terminated on September 30, 2011. All invoices must be submitted prior to September 30, 2011. 9. Non Occurrence of Event: If the event does not take place for any reason under control of Event Sponsor except for those reasons in paragraph 19, then Event Sponsor agrees to refund to the COUNTY any amounts already paid to them under this agreement, and relieve the COUNTY from any further payments. The event sponsor shall give written notice to the Monroe County Tourist Development Council if it is found necessary to cancel an event. The notice shall contain the following specifics: 1) reason for cancellation, 2) documentation of the reason for cancellation and 3) person authorized to cancel including title and stated affiliation. 10. Indemnification and Hold Harmless: The event sponsor covenants and agrees to indemnify and hold harmless and defend Monroe County, its officers, employees and agents including the Tourist Development Council and Visit Florida Keys from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the services provided, event sponsored, or other activities and funding associated with this agreement, except those losses or damages caused by COUNTY or its agents. 11. Permits: The event sponsor will secure all required permits, licenses and shall pay all appropriate business taxes. 12. Taxes: The COUNTY and TDC are exempt from Federal Excise and State of Florida Sales Tax. 13. Finance Charges: The COUNTY and TDC shall not be responsible for any finance charges. 14. Relation of COUNTY/TDC: It is the intent of the parties hereto that the event sponsor shall be legally considered as an independent Event Sponsor and that neither it nor its employees shall, under any circumstances, be considered employees, servants or agents of the COUNTY and TDC and the COUNTY and TDC shall at no time be legally responsible for any negligence on the part of said Event Sponsor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Disclosure: The event sponsor shall be required to list any or all potential conflicts or interest, as defined by Florida Statute 112 and Monroe County Code. The event sponsor shall disclose to the COUNTY and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the COUNTY and TDC. 16. Assignment: The event sponsor shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such agreement to any person, company or corporation without prior consent of the COUNTY. 17. �Compliance with laws - Nondiscrimination: The event sponsor, shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. Key Largo Stone Crab & Seafood Festival FY 2011 Contract ID#: 825 18. Force Majeure: The event sponsor shall not be liable for delay in performance or failure to perform in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the event sponsor has exercised reasonable care in the prevention or mitigation of damages and delay, any such delay or failure shall not constitute a breach of the Agreement. Upon demand of TDC or COUNTY, the event sponsor must furnish evidence of the causes of such delay or failure. COUNTY shall not pay for any services or activities, promotional or otherwise, connected with an event produced after the date(s) described in paragraph 1 and Scope of Services. 19. Governing LawNenue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Sponsor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 20. Security Protection: The event sponsor agrees to provide adequate security for the event. No TDC funds will be used for this purpose. 21. Ownership: All advertising and promotion work performed under the agreement and paid for by the COUNTY and TDC shall be the property of the COUNTY and TDC, for whatever use and/or disposition the COUNTY and TDC may deem appropriate. 22. Media rights: The TDC shall have the right to broadcast, rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio, television, pictures, sound, film and tape motion pictures and still photographs paid by the COUNTY and TDC under this agreement. 23. Logo: Logo Usage guidelines are attached to this contract as 'Exhibit "B". For all promotional literature and display advertising with the exception of generic advertising must display the "The Florida Keys — Key Largo" logo/trade mark (as per attached logo sample). This logo/trade mark was adopted by the TDC and County in April, 2010. 24. Severability: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 25. Authority: Each of the signatories for the sponsor below certifies and warrants that: a) The Sponsor's name in the agreement is the full name as designated in its corporate charter, and b) they are empowered to act and execute the agreement for the Sponsor and c) this Agreement has been approved by the Sponsor's Board of Directors. 26. Ethics Clause: The event sponsor warrants that it has not employed, retained or other wise had act on its behalf, any former County office or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Key Largo Stone Crab & Seafood Festival FY 2011 Contract ID#: 825 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. 27. Public Entity Crimes: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for period of 36 months from the date of being placed on the convicted vendor list." 28. Notice: Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: For Grantee: Sue Finney 103900 Overseas Highway Key Largo, FL 33037 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 And Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 29. Entire Agreement: The parties agree that the Agreement above constitutes the entire agreement between the COUNTY and event sponsor. Except as provided in paragraph 6 of this Agreement, this Agreement can never be amended or modified except in a writing signed by the parties hereto. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Key Largo Stone Crab & Seafood Festival FY 2011 Contract ID#: 825 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Date: OR TWO WITNESSES Print Name: Date: Lk Key Largo Stone Crab & Seafood Festival FY 2011 Contract ID#: $25 Board of County Commissioners of Monroe County Mayor/Chairman Key Largo Merchants Association, Inc. B President Print Name Date: ot I 1 -1 /7 ol'D , Xl I All� - Print Name: t. -ML—allrbic� Date: ell o MATTONROE COUNTY o ORORNEY NV A'ROVED AS T0 1 q,;TfjTH1A L. HALL RNEY ASSISTANT CuNT-Y(ATT, O Date I Acceptable Event Marketing Expenses For Destination Events ADVISORY COMMITTEES (UMBRELLAS/DISTRICT ADVISORY COMMITTEES) AND EVENT COORDINATORS' RESPONSIBILITY: It is the responsibility of the Advisory Committees (Umbrella/District Advisory Committees (DAC) and Event Coordinators to keep apprised of all Monroe County Tourist Development CoUOcil's policies and procedures pertaining to event funding. 01/22192 When D/\C event proposals are neueived, they will be distributed to O/\Co for review and recommendations to the TDC. Upon approval Cfthe TOC ofany event funding recommendations, a contract will be entered into by the applicant and E]{]CC. The E3OCC has final approval of all contracts. Any Request for Proposal (RFP) response received after the specified deadline, asdetermined within the RFP. will not be accepted. TDC 7/21/83. This policy mirrors that of the Board of County Commissioners. E3OCC (9003) EVENT FUNDING: The T[]C has established several categories of events that may receive funding. There are four categories of events that may receive funding from the TDC; Destination Events; Turnkey Events; Cultural Events and Fishing Events. All advertising and promotional items oho|| follow the logo/guidelines for the Monroe County Tourist Development Council. TC>C funded items are NOT to be sold. (8/14/94) Only the items listed will be reimbursed for the described events. All event coordinators will receive a reimbursement/direct payment packet that includes an executed copy of the funding agreement. The packet provides guidelines required for reimbursement/direct payment of Acceptable Event Marketing Expenses. No individual applications for Event funding will be considered out of the Two Penny Event Fund other than the Umbrellas (Cultural, Fishing 8^ Diving). <7/28/95> Marketing expenses for events held outside Monroe County shall not be reimbursed/direct paid. (5/1Q/1O) DESTINATION EVENTS: Destination events will be paid as per the scope of oen/ioeo within the contract and those acceptable items/expenses listed below. Destination events may utilize up to 1096 of their approved line item budgets for in -county hard media and public relations. A general non -allocated line item is not to exceed 1596 of the total budget and can only be utilized for acceptable TC>C items as listed in this section. There cannot be more than o 1096 deviation on the approved line item budget. Costs:Media Placement & Production newspaper; magazines, radio; TV; webs ite/i0terOet advertising on Iy2 Promotional : posters and banners Key Largo Stone Crab & Seafood Festival FY2OY/ Contract8J#: 825 Promotional Items: T-shirts; hats; jackets; koozie cups. Refer to Sales/Resale statement. Direct Mail Promotions: brochures and pamphlets including postage/shipping. This is a direct mail promotional brochure/pamphlet utilized for pre -event advertising. Programs: TDC will pay for an event program of listed or schedule of activities and information on the event, an amount not to exceed 50% of cost, including production and printing, of program as outlined in contract budget. Public Relations (PR): Print and broadcast public relations materials for distribution to media, such as but not limited to press releases, public service announcements, photography to be utilized in PR releases and video news releases as approved by the public relations agency of record. Only permissible PR material produced by the agency of record and/or a professional public relations agency shall be acceptable. (7/21/10) In -House Production: In-house production of any permissible expenditures will not be considered for reimbursement. (7/21/10) Event Promotions: TDC funding is intended for promotion of events as opposed to the ongoing programs of an organization or promotion of the facility. TDC will only consider reimbursement of advertising and promotional materials that highlight the event versus the regular programming of an organization or facility. (7/21/10) Items that have not been approved by the appropriate agency of record prior to prod uction/placement shall not be considered for reimbursement/direct payment. ADVERTISING THROUGH THE INTERNET: The TDC will pay for Internet advertising on web sites (banners, buttons, website links), and E-mail blasts. Internet advertising links may go to the event website. Logo is required on banners and E-blasts. No payment will be made for development or operation (hosting) of website. BOCC (5/16/06) SALE/RESALE OF TDC FUNDED ITEMS: Items funded, including creative and resulting work product, by the BOCC/TDC, in accordance with Florida Public Records Law, are owned by the BOCC/TDC and as such may not be sold. (09/14/94) Key Largo Stone Crab & Seafood Festival FY 2011 Contract ID#: 825 Logo/Acknowledgement Usage Guidelines For District I Destination Events BOCC 4/21/10 Color ads four (4) color processing printing 06/12/91 Black & white ads shall include the Florida Keys and Key West logo in PMS black. 06/12/91 Use on all printed material as listed under the Acceptable Event Marketing Expenses list TV: logo must appear at the conclusion of commercial Hats/t-shirts/jackets/koozie cups: must carry the "The Florida Keys & Key West" logo Radio Advertising: No logo is required. All radio announcements must say "Brought to you by the Monroe County Tourist Development Council" In -County Logo The below logo that includes the "Monroe County Tourist Development Council" designation is to be utilized in all approved in -county print newspaper ads, magazine ads, street banners, posters and other approved signage efforts. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood with Tinsley Advertising at 305-856-6060. KThe Florida Keys e Ldrgo y %M..R MONROE COUNTY TOURIST DEVELOPMENT COUNCIL Out -of -County Logo The below logo that does NOT include the "Monroe County Tourist Development Council" designation is to be utilized in all other efforts including any approved out -of -county print newspaper ads, magazine ads, television commercials, internet advertising (banners, buttons, e-mail blasts), direct mail promotions (brochures and pamphlets) and any approved promotional items including programs, T-shirts, hats, jackets and koozie cups. Radio commercials should include "Brought to you by The Monroe County Tourist Development Council". To seek approval, clarification and/or logo in electronic format (eps or jpg file), contact Sharon Joseph or John Underwood at Tinsley Advertising at 305-856- 6060. K% r T6 Floridd Keys ey r4 'g-3o Key Largo Stone Crab & Seafood Festival FY 2011 Contract ID#: 825 "Af EXHIBIT C MONROE COUNTY TOURIST DEVELOPMENT COUNCIL BUDGET BREAKDOWN line items listed below must be approved by the appropriate agency of record There will be no amendments to this budget (Exhibit C) after BOCC approval of Agreement FISCAL YEAR 2011 EVENT NAME: Key Largo Stone Crab & Seafood Festival MEDIA PLACEMENT & PRODUCTION COSTS: newspaper, radio, magazines, TV, website/internet advertising only $ 21,000.00 PROMOTIONAL SIGNS• posters/banners $ 4,000.00 PROMOTIONAL ITEMS• t-shirts, hats, jackets, koozie cups $ 2,000-00 DIRECT MAIL PROMOTIONS: brochures/pamphlets/ postage & shipping $ PROGRAMS: $ PUBLIC RELATIONS $ *GENERAL NON -ALLOCATED $ 3,000.00 TOTAL: $ 30,000.00 *GENERAL NON ALLOCATED MAY NOT EXCEED 15% OF THE ABOVE BUDGET. AND CAN ONLY BE UTILIZED FOR ACCEPTABLE TDC ITEMS. ACTUAL EXPENDITURES MAY DEVIATE NO MORE THAN 10% FROM THE BUDGETED LINE ITEMS NOTED ABOVE. MARKETING EXPENSES FOR EVENTS HELD OUTSIDE MONROE COUNTY SHALL NOT BE REIMBURSED/DIRECT PAID BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: County Administrator Bulk Item: Yes No X Department: County Administrator Staff Contact /Phone #: Abra Campo/ext. 4445 AGENDA ITEM WORDING: Announcement of one vacant position on the Tourist Development Council District V Advisory Committee for an "At Large" appointment. ITEM BACKGROUND: This position is being advertised due to the end of term for DAC V member Ms. Jennifer Miller. PREVIOUS RELEVANT BOCC ACTION: On September 8, 1999, the Board of County Commissioners passed on Ordinance No. 038-1999 providing for the appointment of "At Large" members to the TDC District Advisory Committees by the Board of County Commissioners CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: No action at this time TOTAL COST: 0 INDIRECT COST: 0 BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # Year ill e. FloriddKeys Key st ' . 00 GOMe dS YOU dre MONROE COILNTYT OUST [AVELOPM ENT COUNC I L DATE: October 4, 2010 TO: MR. ROMAN GASTESI, COUNTY ADMINISTRATOR FROM: KELLY PAYNE, ADMINISTRATIVE SECRETARY MONROE COUNTY TOURIST DEVELOPMENT COUNCIL RE: DISTRICT V ADVISORY COMMITTEE -'AT LARGE' VACANCY Please announce the following District V Advisory Committee (DAC V) Vacancy at the October 2010 BOCC Meeting. This position is being advertised due to the end of term for DAC V member — Ms. Jennifer Miller. DISTRICT V ADVISORY COMMITTEE (Mile Marker 90.940 To The Dade/Monroe County Line and any Mainland portions of Monroe County) Has an opening for an "At Large" representative — Any resident who is not directly involved in a tourism business and who shall represent the general public and shall live or work within the tax collection district for which they are applying. (The operative word within this description is directly. This word means someone who is not in business nor whose business or economic activity are dependent upon tourists). Any person wishing to participate on the District V Advisory Committee of the Monroe County Tourist Development Council within the district so noted above, may request an application from the Administrative Office by calling (305) 296-1552 and submit an application to the address shown below: Department DAC Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 Fax #: (305) 296-0788 Deadline for receipt of application at the above address is Friday OCTOBER 22"d 2010 at 5:00 p.m. A resume may be attached to the application. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: County Administrator Bulk Item: Yes No X Department: County Administrator Staff Contact /Phone #: Abra Campo/ext. 4445 AGENDA ITEM WORDING: Approval of one "At Large" appointment to the Tourist Development Council District II Advisory Committee. ITEM BACKGROUND: This position was advertised due to the vacancy resulting from the resignation Tim Saunders. Applicants are: Ms. Shana Casey Ms. Shirley Gun PREVIOUS RELEVANT BOCC ACTION: On September 8, 1999, the Board of County Commissioners passed on Ordinance No. 038-1999 providing for the appointment of "At Large" members to the TDC District Advisory Committees by the Board of County Commissioners CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval of an appointment. TOTAL COST: 0 INDIRECT COST: 0 BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # Floridd KeyVest M r 10-N.ROE COUNTY T URIST DEVEL PMENT GOUN-CIL DATE: October 4, 2010 TO: Mr. Roman Gastesi, County Administrator FROM: Kelly Payne, Administrative Secretary RE: DAC VAT LARGE' VACANCY Please bring forward the attached District II Advisory Committee "At Large" applications to the October 2010 BOCC meeting. This position was advertised due to the vacancy resulting from the resignation of DAC II Member, Tim Saunders. DISTRICT II - From the City Limits of Key West to the West End of the Seven Mile Bridge "At Large" representative — Any resident who is not directiv involved in a tourism business and who shall represent the general public and shall live or work within the tax collection district for which they are applying. (The operative word within this description is directiv. This word means someone who is not in business nor whose business or economic activity are dependent upon tourists). Applicants are: • Ms. Shana Casey • Ms. Shirley Gun Approval of one (1) applicant is requested. If you should have any questions, please do not hesitate to contact our administrative office at 296-1552. Fax from : 89-17-10 82:87p Pg: Z APPLICATION DISTRICT ADVISORY COMMITTEE (IDAC) LODGING INDUSTRY - shall be owners or operatorsimanagers of motels, hotels recreational vehicle parks or other tourist accommodations which are subject to bed tax in the tax collection district for which they are applying TOURIST -RELATED BUSINESS - shall be persons involved in business which is interdependent upon the tourist industry who have demonstrated an interest in tourist development but who are not owners, operators/managers of motels, hotels, recreational vehicle parks and other tourist accommodations and whose business is in the tax collection district for which they are applying AT LARGE - Any resident who is not Wrocty involved in a tourism business and who shall represent the general public and shall live or work within the tax collection district for which they are applying (The operative word within this description is directly. This word means someone who is not in business, nor whose business or economic activity are dependent upon tourists). NAME: Shana Casey WORK ADDRESS: 30515 Overseas Hwy, P 0 box 430165 Big Pine Key, FL 33043 HOME ADDRESS: 30968 Baileys Lane, P 0 Box 430303 Qiq Pine K-ey, FL U04.3 WORK PHONE: (305 ) 872-4778 HOME PHONE: 305 ) 872-4878 FAX NO: (305 ) 872-4787 E-MAIL: shanac@keysbank,com A First State Bank of the Florida Keys, Vice President/Branch Manager Big Pine Office 1999-present - First State Bank of the Florida Keys, Big Pine Offices 1990 - 1999 - TIB Bank, Key West & Big Pine Offices 1987 - 1990 - Independent Abstract & Title, Key West 1987 - Barnett Bank, Gainesville, FL 1979 - 1987 - Marine Bank, Marathon, Big Pine and Surnmerland Offices Lower Keys Chamber of Commerce, 1997-2000 - director, I st vice president, president, past president; 2004-2005 - director Big Plne and Lower Keys Rotary Club, 1997 - present, 1998 - director, 1999- president, 2000 - past president, 2006-2008 -director, 2009 - present - treasurer and Rotarian of the Year 2005-2006 Lower Keys Womens Club American Cancer Society/Relay For Life Big Pine Botanical Soclety Leadership Monroe County, Class V11 2 8/26/2010 09-17-10 82:07p Pg: 3 I was born in Key West and have grown up in the Lower Keys. Most of my adult life I have been involved in various service organizations in the Lower Keys as a member and/or volunteer. Twenty five years of my banking career has been in the Lower Keys. The Lower Keys are a vital part of the Florida Keys and as a homeowner & business professional, I have a vested interest in its' success, growth and prosperity. 1/--"% / Signature: Date: -Enter Date- 1117116), APPLICATION TO BE RECEIVED NO LATER THAN 5:00 P.M., I Fridav SEPTEMBER 24, 2010 1 IMPORTANT: Applicant will be notified by phone or email that the application has been received by our office. If the applicant does not receive notification, it is his/her responsibility to contact the TDC office to confirm receipt. MONROE COUNTY TOURIST DEVELOPMENT COUNCIL 1201 White Street, Suite 102 Key West, Florida 33040 (305) 296-1552 (telephone)/(306) 296-0788 (fax) 8/26/2010 T�6������� ������`� o �� APPLICATION UU ��u x u�n����un��n� I ��� � � ��\� ~�' � � ~��� DISTRICT xw ADVISORY C��K8k0tTTEE(D��C) LODGING INDUSTRY ~ ehoU baowners oropeoahors/manag recreational vehicle parks or other tourist accommodations which are subject to bed tax in the tax collection district for which they are applying TOURIST -RELATED BUSINESS ~ shall be persons involved in business which is -------- interdependent upon the tourist industry who have demonstrated oninterest intourist devoopmerA but who are not owners, operators/managers of motels, hotels, recreational vehicle parks and other tourist accommodations and whose business is in the tax collection district for which they are applying ATLARGE - Any resident who ienot directl involved inatourism business and -------- who shall represent the general public and shall live or work within the tax collection district for which they are applying (The operative word within this description iodirectly. This word means someone who is not in business, nor whose business or economic activity are dependent upon tourists). NAME: SHIRLEY GUN WORKADDNESS: THE NATURE CONSERVANCY HOME ADDRESS: RAMROD KEY, FIL 33042 WORK PHONE: 745-8402 HOME PHONE: Manager for The Nature Conservancy Florida Keys office, Sugarloaf Key. 2007-present:The Nature Cmaenmmcy.Sugodoaf Key 2OO4-2OO7:Monroe County TDC.Key West - Administrative Secretary 2002-2004: Century21 R*a|h/, 3ummedand Key- Realtor's assistant. Adjunct professor ot FKCC. Key West campus for two semesters in2OO4teaching ocomputing class. 1988-2002: JP Morgan Chase, International Private Bank division, London England and Miami Florida - Vice President & Senior Project Manager. 1O82-1Q88IBM (UK).London England. Former Board Director & Treasurer - GLEE (Florida Keys Green Living & Energy Education) from 2007-2009. Current member ofGLEE. Current member of Marathon Community Theater. 8/26C201O -| have lived and worked in the Florida Keys since 2002. For years | worked for the TOCAdministnaUve office in Key West as Administrative Secretary and know firsthand the effort and processes involved in promoting and marketing sustainable tourism. The Keys are a very unique destination with a beautiful and fragile ecosystem. I believe that tourism is the main economy of the Florida Keys and the reason people come here is because of our natural resources. Therefore it is important to balance tourism with protection of these resources so that we can continue to promote the Keys as a viable destination. I believe there should be a comprehensive approach that balances sustainable tourism with good stewardship of our natural resources and maintaining the quality oflife nfour residents. I am very encouraged to see the Green Travel section on the TDC Florida Keys website. Having worked for a bank and served as Treasurer for FL Keys GLEE (Green Living & Energy Education) I have good attention to detail, |see the big picture and try kzsee all sides ufanissue. | | lived inEngland till iQ91.|n10]1 1 was transferred from London to Miami while working for JP Morgan Chase. In 2002, my husband &| decided bomove 1othe Keys and wereally enjoy being apart ofthe community. Myhusband likes togoboating, spearl"ishing and freediving and we both like to kayak so we both appreciate our surroundings. We are home -owners and live in Ramrod Key. Signature:Shirley Gun ­m Date: 9/24/10 APPLICATION TOBE RECEIVED NO LATER THAN 5:00P'M.. IMPORTANT! Applicant will banotified by phone oremail that the application has been received byour office. Ifthe applicant does not receive notification, it is his/her responsibility to contact the T0C office to confirm receipt. MONROE COUNTY TOURIST DEVELOPMENT COUNCIL 1201VVhbe Street, Suite 1O2 Key West, Florida 33040 (305)256-1582 (te|ephmna)/(305)296-0788(fmx) 3 8/26/2010