Item E3
~&}bARD OF COUNTY COMMISSI
AGENDA ITEM SUMMARY
Meeting Date: SEPTEMBER 21, 2005
Division:
TDC
Bulk Item: Y es ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with The Islamorada Village ofIslands to extend Agreement
to September 30, 2006.
ITEM BACKGROUND:
.PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of July 17,2002
BOCC approved Amendment to Agreement at their meeting of January 15, 2003
BOCC approved Amendment to Agreement at their meeting of October] 5, 2003
BOCC approved Amendment to Agreement at their meeting of March 17,2004
BOCC approved Amendment to Agreement at their meeting of July 14,2004
CONTRi\.CT/AGREEMENT CHANGES:
Amendment to extend
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $274,814
COST TO COUNTY: $274,814
BUDGETED: Yes -L No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes --.lL No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~
OMB/Purchasing ~ Risk Management ~
,-/;/;J;7~71}a~d-
/ "
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCU~1ENTATION :
Included X
Not Required~
DISPOSITION:
AGENDA ITEM #
Revised 2/05
.-.'- ...'.
, ,
, ,
, ,
' ,
, ,
MONROECOTJNTY BOARD OF COUNTY COMivHSSIONERS
CONTRACT SUMMARY
Contract with: Is1amorada Village of Contract #_
Islands Effective Date: 9/21/05
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with The Islamorada Village of
Islands to extend Agreement to September 30.2006.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/21/05 Agenda Deadline 9/6/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 274,814
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 181,912
120-70040-530460- T20M-435-A-530460
- - -
-~-~~
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- -
---
CONTRACT REVIEW
Risk ManageTent
M.BjPUr,"D{~ ' 7-uP-OS
~
County Attorney ~
Comments:
Changes ~ '
Need~dM c/;j/1Jt:(jc;~i~
YesD NoU /" 'UA
/~ I{\ ()J 7" ' I ) , -
',',7" ON' c:::::'t \ \l,\;;~,;uJ~,'"'
I es 1 'ou ; ~,7,;/ /'
YesDNo~::' --~
//
YesO NoG? ~~__
Date Out
/
/
/
)fl~~ }p
Division Director ~05
OMB Form Revised 2/27/01 Mep #2
AMENDMENT TO INTER-LOCAL AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2005, between the County of Monroe (County) and The Islamorada Village of
Islands (Grantee).
WHEREAS, there was a contract entered into on July 17, 2002, between the
parties, awarding $149,672; amended on January 15, 2003 awarding an additional
$125,142 to the lslamorada ViJlage of Islands for the Amphitheater project, and
amended on October 15, 2003 for an extension of agreement; and amended on March
17, 2004 for an extension of agreement; and amended on July 14, 2004 for an
extension to agreement; and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for The Islamorada Village of Islands time to enter into a
development agreement with Islamorada Community Entertainment to complete
construction of the amphitheater.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. The contract period as outlined in Paragraph 1 is extended to September
30, 2006.
2. The following provisions shall be added to the contract dated July 17,
2002, and amended January 15,2003; October 15,2003; March 17,2004
and July 14, 2004:
A. 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 shalf require the contractor(s)
to comply with aU the terms of this contract Should grantee contract
the work and then decrease the scope of work to be performed by a
contractor, Grantee shaH provide County with an amended contract
executed by Grantee and its contractor.
8. A Grantee which is a governmental entity shaH 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.
C. Grantee shall exercise good internal controls to assure that the project
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. 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.
D. It shalf be necessary for the Grantee to contact the County
Engineering Division and to arrange for inspections upon the
completion of each phase/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. AfI submissions for payment shall have a proposed
schedule of vaJues for phase(s)/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 shaJl also be submitted with the payment application. It shaff 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
phase/segment of the project. AU submissions requesting payment
shall be approved in writing, and signed, by the Monroe County
Engineering Division as to the completion of the phase/segment of the
project for which payment is requested.
E. 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 shafl 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,
fin at payment wiU not be made until the following documents are
complete and submitted to the Grantor:
AlA Document G-702 Application for Payment Summary
AlA Document G-704 Certificate of Substantial Completion
AlA Document G-706 Contractor's Affidavit of Debts & Claims
AlA Document G-706A Contractor's Affidavit of Release of liens
AlA Document G-707 Consent of Surety to Final Payment (when applicable)
Final Release of lien or Affidavit and Partial Release of Lien
For projects for which TDC funding under this agreement is $25,000 or
less, the AlA documentation is not required, but sufficient
documentation must be submitted to County to provide similar
assurances that the work has been completed and
contractors/suppliers paid.
F Grantee may elect to have vendors and contractors paid through the
direct vendor method, upon submission of appropriate documentation
as outJined above and a specific request that payment be made
directly to the vendor or contractor rather than to Grantee.
G. 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 the Grant Agreement However, the
Grantee shall complete and sign a Property Reporting Form for
personal property and fOJWard 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 retain ownership of said property
in the Grantee. The following terms shalJ apply:
(i) The Grantee shaJJ have the use of the equipment and other
personal property at the project site for its useful life so long as the
faciJity is operated by Grantee, open to the public, and has a primary
purpose of promoting tourism.
(ii) At such time as any of the conditions in sub-paragraph (i)
above cease to exist, the Grantee shaU transfer ownership and
possession of equipment and personal property to another
governmental entity or not-far-profit organization which will operate the
facility for purposes for which tourist development taxes may be used
pursuant to Florida Statute; and refund to the County the amount of
Tourist Development funding received for the real property phases of
the project at such time that the Grantee demolishes the project facility
or divests itself of ownership or possession of the real property, or the
use of the property no longer has a primary purpose of promoting
tourism. This provision shall survive the termination date of alf 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
3. The remaIning provisions of the contract dated July 17, 2002. and
amended January 15, 2003; October 15, 2003; March 17, 2004 and July 14,
2004 remain in full force and effect.
IN WITNESS WHEREOF. the parties have set their hands and seal on the day
and year first above written.
The Islamorada Village of Isl
~
ISLAM O\)4DlA1J31) FORM
AND LEGALITY FOR THE
USE AND BENEFIT OF
MORACA. VilLAGE OF
'NDSQNLY
.......471:~
BOARD .01= COUNTY VILLAGEATTORNEV
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chairman.
DePLJty Clerk .'
MAYOR ROBERT JOHNSON
\'leE MAYOR PATrY SCHMIDT
COUNCIlMAN MIKE FORSTER
COUNCILMAN MICHAEL RECKWERDT
COUNCIL\fAN CHRIS SAl\'TE
TO: District IV Advisory Committee
Tourist Development Council
TIIROUGH: Lynda Stuart
Office Manager
DATE:
July 11. 2005
Bernie LaPira, Village Manager f; X
Extension of Amphitheater Project Agreement
FROM:
SUBJ :
In July 2004, the District IV Advisory Committee granted the Village an extension of this
agreement until September 30, 200S.
On February 24. 200S, several citizens proposed that a non-profit organization take over
the project to finish constroction and manage the completed amphitheater. The Village
Council directed staff to meet with these citizens and discuss the details of the proposal,
and provide an update at the April 28, 2005 Council meeting.
After several meetings with Village staff, the non-profit organization, Islamorada
Community Entertainment, provided a presentation to the Village Council on April 28,
2005. Their presentation outlined the elements of their proposed approach to
construction and management of the amphitheater, Based on the presentation, Council
gave staff direction to prepare a business agreement incorporating the concepts proposed
for Council's further consideration. At the June 23, 2005 Village Council meeting,
Council approved the development agreement with Islamorada Community
Entertainment to complete the Amphitheater project.
We are respectfully requesting that the District IV Advisory Committee grant the Village
of Islam orad a an additional extension oillie agreement until September 30,2006. This
will enable the Village to enter into a development agreement with Islamcrada
COmmunity Entertainment to complete construction of the amphitheater. We appreciate
your consideration of this request.
If you have any questions or need additional infonnation. pleaSe contact Shari Elliott,
Finance Director, at 305--664~2345 ext 245.
P.O. Box 568 · 1.sWcoRAO", PI. 33036
AMENDMENT TO INTER-LOCAL AGREEMENT
THIS ADDENDUM to agreement is made and entered into this ~ day of
July 2004, between the County of Monroe and The Islamorada Village of Islands.
WHEREAS, there was a contract entered into on July 17, 2002, between the
parties, awarding $149,672; amended on January 15, 2003 awarding an additional
$125,142 to the Islamorada Village of Islands for the Amphitheater project, and
amended on October 15, 2003 for an extension of agreement; and amended on March
17,2004 for an extension of agreement; and
WHEREAS, it has become necessary to extend the contract for an additional
periOd to aJlow time for The Islamorada Village of Islands to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1.
2005.
Contract period as outlined in Paragraph 1 be extended to September 30,
2. The remaining provisions of the contract dated July 17, 2002. amended
January 15, 2003. October 15. 2003 and March 17. 2004 remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
,~4-
.., M c":_V'.;(
. -. ---.~,- .- ". ,"
,-":'
(/7 ~~
''',- :J~ , -
DepUty Clerk
~(~
Mayor: hairman
AMENDMENT TO INTER-LOCAL AGREEMENT
GHIS ADDENDUM to agreement is made and entered into this L.1.I!- day of
2004. between the County of Monroe and THE ISLAMORADA VILLAGE OF
I NOS.
WHEREAS. there was a contract entered into on July 17, 2002. between the
parties, awarding $149.672; amended on January 15,2003 awarding an additional
$125,142 to the Islamorada Village of Islands for the Amphitheater project, and
amended on October 15. 2003 for an extension of agreement; and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for The fslamorada Village of Islands to complete the project;
NOW, THEREFORE. in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 shall be extended to
September 30.2004.
2. This project shall be completed and invoices submitted to the County
Finance Department no later than September 3D, 2004. The Grant~in-Aid
funds must be expended by September 30. 2004. No funds will be
available for use for this project agreement after September 30, 2004.
3. The remaining provisions of the contract dated July 17, 2002, amended
January 15. 2003 and October 15. 2003 remain in full force and effect.
IN WITNESS WHEREOF. the parties have set their hands and seal on the day
and year first above written.
~
',' ";;<; Mayor
~,,\ ^~M_;:_;::~;(;;><
:\td~;~~~1'~NNY l. KOLHAGE. CLERK
.- c.:.:.:-'~::.?>..:~;;:-,~<~' / ._ " ,,-,c~
ISLAMORADA VILLAGE
""'~CC /;; I /'
BOARD OF COUNTY
COMMISSIONERS OF
MQ OECOUN~Y~RIDA
(T~
AMENDMENTT~AGREEMENT
THIS ADDENDUM to agreement is ?nade and entered into this ~ay of
ex::;:,- 2003, between the BOARD OF COUNTY COMMISSIONERS, Monroe County,
Florida, hereinafter referred to as the COUNTY and Islamorada Village of Islands,
hereinafter "Contractor".
WHEREAS, there was a contract entered into on July 17, 2002 between the
parties, awarding $149,672, and amended on January 15, 2003 awarding an additional
$125,142 to the Islamorada Village of Islands for the Amphitheater project, and
WHEREAS, it has become necessary to extend the contract for an additional
period due to unforeseen delays;
NOW. THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to amend the agreement as follows:
1. Contract period as outlined in Paragraph 1 be extended to March 1, 2004.
2. The remaining provisions of the contract dated July 17, 2002, and
amended January 15, 2003 remain in full force and effect.
);'. .... "INWITNESS WHEREOF, the parties have set their hands and seal on the day
:/~;;"?:~~nq yearflrsfabove written.
n'; :~>?j j .. ~
Board of County Commissioners of
Monroe County
"c,4id ?n ~
Mayor
(CORPORATE SEAL)
Attest:
1i -J ).I-C<~~ '1?{A~U"
Villa Clerk i
Islamorada Vii/age of Islands
~~
Mayor
<-(1t\2~l
:J .;'''0....: t""".~'4
{.i ~
ADDENDUM TO AGREEMENT
THIS ADDENDUM is entered into this. 15ft< day of j/ffJf)#rf ,2003, by
and between the BOARD OF COUNff COMMISSIONERS, Monroe County, Florida,
hereinafter referred to as the COUNTY and lslamorada , hereinafter "Contractor".
WITNESSETH
WHEREAS, there was a contract entered into on July 17, 2002, between the
parties, to provide funding for the construction of an Amphitheater at Founders Park;
and
WHEREAS, original agreement allocated an amount not to exceed $149,672 in
reimbursement for materials and services used to construct the project; and
WHEREAS, the District IV Advisory Committee and Monroe County Tourist
Development recommend an additional $125,142 towards the construction of the
Amphitheater project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree to hereby amend the agreement entered into on July 17, 2002, as
follows:
1. Paragraph 3. AMOUNT OF AGREEMENT, shall read, The County shall
provide an amount not to exceed $274,814 in reimbursement for materials and services
used to construct the project.
;);;:~;;;;;;;;~;~~> The remaining provisions of the contract dated July 17, 2002 shall remain
;f~,i~~r~jv, ".~nd effect.
, t .;:. ., \ -- , ,~,.
.;.~' \\5;~:'; f,
. AtteSl?" iff L. KOLHAGE, Clerk
'\ f-~.:;:;::::;, 't~::~~\~' f;
. ").;./C,_/ >;'/
Board of County Commissioners of
Monroe County
..... ,i~ ;~(;;;~J~ f I //
't:X~~
Deputy Clerk
BY:
~)u >n ~aV
Mayor/Chairman
(CORPORATE SEAL)
Attest:
$~ '12p<i,'!f---
VilIag lerk ,.
Islamorada Village of Islands
BY: ~ ~
Mayor. . - ~--;;J--- ~
f,PPROVtD . :..).";';'"
~"f.!D i.':6A.L SUf::~-.i;l./)1!' ' .
",,<>cr:- 'L/. --,~
, ~:::L.J__,.
,~. ",,1 ZANNE .Zt>, 'h~t. TON
, .<I q
. } / 1/(...--'
Dt~.T( 4"~., ~."~ ~-'rP~~~"'_
--J:I~ ~ey
INTERlOCAl AGREEMENT
FOR
GRANT/OF FUNDS
This AGREEMENT dated the ;1f/tday of Jci I- 'i 2002. is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter
"TOC" and the Islamorada Village of Islands, hereinafter" Contractor".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, or improve museums, zoological parks,
fishing piers, nature centers or sports arenas which are publicly owned and operated or
owned and operated by not-far-profit corporations, and
WHEREAS. Contractor has applied for funding to construct an Amphitheater,
hereinafter. "the,Projecf'; and
WHEREAS, Contractor has the ability to act as manager for the project; and
WHEREAS, the County and TDC have determined that it is in the best interest of
the County. for purposes of promoting tourism and preserving the heritage of the
community, to acquire, construct. repair and rehabilitate the project for use as an
auditorium open to the public;
NOW. THEREFORE, in consideration of the mutual covenants and payments
contained herein. the Contractor and the County have entered into this agreement on
the terms and conditions as set forth below.
1. AGREEMENT PERIOD. This agreement is for the period July 17,2002 through
September 30.2003. This agreement shalf remain in effect for the stated period unless
one party gives to the other written notification of termination pursuant to and in
compliancewith paragraphs 7.11 and 12 below.
2. SCOPE OF AGREEMENT. The Contractor shall provide such services and
materials as are needed for the construction of an Amphitheater at Founders Park.
Project will include a stage, stage covering, seating and provisions for lighting and
sound.
The recipient of TDC capital project funding shalf designate a project manager if no
licensed architect, engineer or general contractor is involved in the project. If the project
is performed by County or City personnel, the project manager shall be the Engineer,
Building Official or Construction Manager of that locaf government.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an
amount not to exceed $149,672 in reimbursement for materials and services used to
construct the project. The Board of County Commissioners and the Tourist
Islamorada Viffage of Islands
Capital Project Funding FY 2002
1
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 SOCC.
a). Payment for expenditures permissible by law and County policies shall be
made through reimbursement to Contractor upon presentation of invoices, canceled
checks and other documentation necessary to support a claim for reimbursement.
I ncluded in said documentation shall be proof that the Contractor has received and
applied to the project matching funds equivalent to or greater than the amount invoiced
to the County. Submission of invoices 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.
b). Application of matching funds requires actual payment of the matching
funds, or, in the alternative, a commitment of said funds and that the portion of the
project for which the matching funds are to be used has been sufficiently completed to
require payment of said matching funds. Mere obligation through execution of a
contract or approval of a budget item to be paid from matching funds will not suffice.
c). 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 TOC Administrative Office. All
submissions should have a proposed schedule of values for phases 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.
4. REPORTS. The Contractor shall provide financial reports in summary of activity
on forms provided or approved by the TDC, and quarterly narrative reports of activity
under the approved work plan. The Contractor shall keep such records as are
necessary to document the performance of the agreement and expenses as incurred,
and give access to these records at the request of the TOC, the County, the State of
Florida or authorized agents and representatives of said government bodies. It is the
responsibility of the Contractor to maintain appropriate records to insure a proper
accounting of all funds and expenditures. The Contractor understands that it 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
Soard of County Commissioners for Monroe County, or their agents and
representatives. In the event of an audit exception, the current fiscal year grant award
or subsequent grant awards will be offset by the amount of the audit exception, In the
event the grant is not renewed or supplemented in future years, the Contractor will be
Islamorada Village of Islands
Capital Project Funding FY 2002
2
billed by the County for the amount of the audit exception and shall promptly repay any
audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of
this agreement shall be only amended in writing and approved by the Board of County
Commissioners for Monroe County.
6. INDEPENDENT CONTRACTOR. At alf times and for all purposes hereunder, the
Contractor Is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this agreement shall be
construed as to find the Contractor or any of its employees, contractors, servants or
agents to the employees of the Board of County Commissioners of Monroe County, and
they shall be entitled to none of the rights, priVileges or benefits of employees of Monroe
County.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement,
the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to
or regulating the provisions of this agreement, including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall
constitute a material breach of this agreement and shall entitle the County to terminate
this agreement immediately upon delivery of written notice of termination to the
Contractor.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The Contractor shall include in all agreements funded under this
agreement the following terms:
a) Anti-discrimination. Contractor agrees that they will not discriminate against
any employees or applicants for employment or against persons for any other benefit or
service under this agreement because of their race, color, religion, sex, national origin,
or physical or mental handicap where the handicap does not affect the ability of an
individual to perform in a position of employment, and to abide by all federal and state
laws regarding non~discrimination.
b) Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer
of the Contractor has any interest, financially or otherwise, in Contractor. For breach or
violation of this warranty, the Contractor shall have the right to annul this agreement
without liability or, in its discretion, to deduct from the agreement price or consideration,
the full amount of such commission, percentage, brokerage or contingent fee.
Contractor acknowledges that it is aware that funding for this agreement is available at
least in part through the County and that violation of this paragraph may result in the
County withdrawing funding for the Project.
c) 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.
Islamorada Village of Islands
Capital Project Funding FY 2002
3
9. ANTr-DISCRIMINA TION. The Contractor agrees that they wilt not discriminate
against any of their employees or applicants for employment or against persons for any
benefit or service because of their race, color, religion, sex, national origin, or physical
or mental handicap where the handicap does not affect the ability of an individual to
perform in a position of employment, and to abide by all federal and state laws
regarding non-discrimination.
10. ANTI-KICKBACK. The Contractor warrants that no person has been employed
or retained to solicit or secure this agreement upon an agreement or understanding for
a commission, percentage, brokerage or contingent fee, and that no employee or officer
of the County or TDC has any interest, financially or otherwise, in the said funded
project, except for general membership. For breach or violation of this warranty, the
County shall have the right to annul this agreement without liability or, in its discretion,
to deduct from the agreement price or consideration, the full amount of such
commission, percentage, brokerage or contingent fee.
11. TERMINATION. This agreement shall terminate on September 30, 2003.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this agreement pursuant to
the terms herein. In the event that funds cannot be continued at a level sufficient to
allow the continuation of this agreement pursuant to the terms specified herein, this
agreement may then be terminated immediately by written notice of termination
delivered in person or by mail to Contractor. The County may terminate this agreement
without cause upon giving written notice of termination to provider. The County shall
not be obligated to pay for any services or goods provided by Contractor after
Contractor has received written notice of termination.
12. TERMINATION FOR BREACH. The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take
place immediately upon receipt of written notice of said termination. Any waiver of any
breach of covenants herein contained to be kept and performed by Contractor shall not
be deemed or considered as a continuing waiver and shall not operate to bar or prevent
the County from declaring a forfeiture for any succeeding breach either of the same
conditions or of any other conditions. Failure to provide County with certification of use
of matching funds or matching in-kind services at or above the rate of request for
reimbursement or payment by is a breach of agreement, for which the County may
terminate this agreement upon giving written notification of termination.
13. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Contractor and the County.
14. CONSENT TO JURISDICTION. This agreement, its performance, and aU
disputes arising hereunder, shall be governed by the laws of the State of Florida, and
both parties agree that the proper venue for any actions shall be in Monroe County.
Islamorada Village of Islands
Capital Project Funding FY 2002
4
15. ETHICS CLAUSE: Contractor warrants that he has not employed, retained or
othelWise had act on his behalf any former County officer or employee in violation of
Section 2 or Ordinance No. 10~1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County
may, at its discretion terminate this agreement without liability and may also, at its
discretion, deduct from the agreement or purchase price, or othelWise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
16. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime may not
submit a bid on an agreement to provide any goods or services to a public entity, may
not submit a bid on a agreement with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a Contractor, supplier, sub~contractor, or
consultant under a agreement with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287,017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
17. AUTHORITY: Contractor warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Contractor below certifies and warrants that the Contractor's name in
this agreement is the full name as designated in its corporate charter (if a corporation);
they are empowered to act and contract for the Contractor, and this agreement has
been approved by the Board of Directors of Contractor or other appropriate authority.
18. 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.
19. INSURANCE: The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes and represents to the other that it
has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation
insurance, or is self-insured, in amounts adequate to respond to any and all claims
within the limitations of Florida Statute 768.28 and 440, arising out of the activities
governed by this agreement. The Contractor shall immediately give notice to the County
of any suit, claim or action made against the County that is related to the activity under
this agreement, and will cooperate with the County in the investigation arising as a
result of any suit, action or claim related to this agreement.
Each party shall be responsible for any acts of negligence on the part of its employees,
agents, contractors, and subcontractors and shall defend, indemnify and hold the other
party harmless from all claims arising out of such actions.
Islamorada Vilfage of Islands
Capital Project Funding FY 2002
5
~
20. NOTICE. Any written notice to be given to either party under this agreement or
related hereto shall be addressed and delivered as follows:
For Islamorada Village of Islands:
Ms. Zully WiUiams
Islamorada Village of Islands
P.O. Box 568
ISlamorada, FL 33036
For County:
Lynda Stuart
Monroe County Tourist Development
Council
1201 White Street, Suite 102
Key West, FL 33040
and
Suzanne Hutton, Asst. County Attorney
P.O. Box 1026.
Key West, FL 33041-1026
IN;W'TNESS WHEREOF, the parties hereto have caused this agreement to be
,ex~eufeCf;~>day and year first above written.
'...;'_ :;' ,_".r ',_ " ._.,.",~,,~:~~\ <':,,' ,._.:^,;\
~. .' ".~. ~~>
..... / C,,:' tC~;i \ \,LJ ",-,< '\ ,;-,::.;;,-,:,
,.~;_~.v _'.
'>nc',,;
'.' ,.-".:e- '", (
'j 0 i; ~
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(I'i}
;.': &1g
\~l/t
J ;~
By:
Mayor/Chairman
~/ '..
'\ \ >:( s
"~-':_~~,::':~~~, !.' ~>j.::::l ,.N
. >~ ~.~.:':<~:-;~;;~-:~~~;;~~~
i~jD.4.NNY L. KOLHAGE, CLERK
~' '<;pc
ByG--e~.
Deputy Clerk
(SEAL)
ATTEST:
"""Io.Tf':
ANNE ,t;'J~irrlN
~I a"::-
Isfamorada Village of Islands
By: ~~ ~~~
ScoFOtaf)' vd\A6 e C (eftk
BY:~_
or
/~~ ()
fslamorada Village of Islands
Capital Project Funding FY 2002
6