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Item D05County off Monroe ELj »moo � i G�, � BOARD OF COUNTY COMMISSIONERS /� ri � �� Mayor George Neugent, District 2 The Florida. Ke Sew', y i Mayor Pro Tern David Rice, District 4 ; -== :'„ j y Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: D.5 Agenda Item Summary #3357 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552 N/A AGENDA ITEM WORDING: Approval of an Amendment to extend Agreement with Islamorada, Village of Islands for the Anne's Beach Replace/Repair Boardwalk Phase I Project ITEM BACKGROUND: Attached is a request from Islamorada, Village of Islands requesting to extend completion date of project due to delays in the construction process The District IV Advisory Committee approved same at their meeting of August 1, 2017 TDC approved same at their meeting of October 11, 2017 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of March 15, 2017 CONTRACT/AGREEMENT CHANGES: Amendment to Extend Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: Village of Islamorada Request, Amendment and Original Agreement FINANCIAL IMPACT: Effective Date: March 15, 2017 Expiration Date: December 31, 2017 Total Dollar Value of Contract: $300,000 Total Cost to County: No Cost to County Current Year Portion: $300,000 Budgeted: Yes Source of Funds: TDC CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: If yes, amount: Maxine Pacini Completed 09/28/2017 10:41 AM Christine Limbert Completed 10/02/2017 11:53 AM Budget and Finance Completed 10/02/2017 12:04 PM Maria Slavik Completed 10/03/2017 8:38 AM Kathy Peters Completed 10/03/2017 5:44 PM Board of County Commissioners Pending 10/18/2017 9:00 AM F2 lk isCamorada, TiOCage of m UMRSI� r� Ms. Laura Hamm . .......... ........ gGgLyTRINN I � 111 111 1111111 11111 1 11 111 ;� p:I��I III F III 111pil 11�1111111 11111111 i, ��iii III � III � �illill 11�1111 I Enclosed please find Islamorada, Village of Islands (the "Village") execut Amendment (1" Amendment) to Agreement. extending the September 30, 2017 deadli for completion of the above -referenced project to December 31, 2017. 1- Please do not hesitate to contact Andrew Engelmeyer, Public Works Director, at 30 481-0543 or myself at 305-664-6453, if you have any questions. i amm,= Ana Hernandez Procurement & Grants Administrator X LU .a U Y) a f�11'���� ��7t'��41Mii�_I{��I�►1rTl�1l�k �i'�>���sI��TXt'iT�l�� AMENDMENTTHIS to Agreement dated a of 20is entered into byand there Paragraph of agreement shall be revised tod as follows:Agreement for the period of March 15, 2017 to December 31, 2017. 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 of the original Agreement dated March 15, 2017. 2. Any references to termination date and submission of invoices shall be revised to read 1- - !-2017. 3. The remaining provisions of agreement dated March 15, 2017 shall remain in full force• i Amendment #I lslarnorada, Tillage of Islands — Anne's Beach Boardwalk Phase 1 1 4 1865 aboveIN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first - Deputy Clerk Islamorada, Village of Islands Attest By. Village le LL4h Print Haine Date: of Monroe County • Date: ki I c,4 I 10. Amendment # I Islamorada, Village of Islands - Anne's Beach Boardwalk Phase I ID# 1865 D.5.a stated termination date of September 30, 2017 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2017 to be considered for payment. Acknowledgement: ment: Grantee shalt be required to permanently display and maintain at Grantee's expense, public acknowledgement of the support of the Monroe County Tourist Development Council in a publicly prominent area of their facility in the following form: "This project was made possible with the financial support of the Monroe County Tourist Development Council." If the Grantee has already complied with this requirement through previous funding, said acknowledgement fulfills this condition. A photograph of said acknowledgment shall be provided with the final request for reimbursement outlined in Exhibit A of this agreement. a.) There shall be a project manager to acknowledge receipt of goods or work performed. This Project Manager shall be Ana Hernandez (Telephone: 305-664- 6453; Email. ana.hernandezta'�i_islamorada.fl.us. Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated, and notice 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 terns 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 use procurement processes for those parts of the project to be contracted (not performed by the entity's employees) as follows. For work expected to be under $60,000, the not -for -profit shall document in the file two written quotes or a notarized statement as to why such written quotes were not feasible for the goods or services. For work expected to be $50,000 or more, a competitive bid process must be performed following Monroe County's procurement policies and procedures, unless the commodities or services will be provided by a "sole source" provider, in which case the not -for -profit must submit a notarized statement with its request for payment explaining why the vendor is the only source for the commodities or services. Refer to: hftp:i/www.monroecounty-fl.gov/DocumentCenter/HomeNiew/9733 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 Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2n° Round Contract I D# 1865 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 $300,000 (Three Hundred Thousand Dollars TDC District DAC IV funding) for materials and services used to improve the property. Reimbursement request must show that Grantee has paid in full for materials and services relating to the segment prior to seeking the 50% (fifty percent) reimbursement from Grantor. Payment shall be 50% (fifty percent) reimbursement of the total cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. a.) Payment shall be made upon the completion of a specific segment as outlined in the Scope of Services and Exhibit A. Payment for expenditures permissible by law and County policies shall be made through reimbursement to Grantee upon presentation of Application for Payment Summary, invoices, canceled checks, before and after pictures, County Engineer signature of inspection and other documentation necessary to support a claim for reimbursement. Included in said documentation shall be proof that the Grantee has received the property, real or personal, 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 (Chris Rivera - phone: 305-292-4523 email: Rivera -Chris MonroeCoun -FI. ov or Doug Sposi#o- phone: 305-292-4416 email: Sposi#o-Doug@MonroeCounty-Fl.gov) and to arrange for inspection upon the completion of each segment. It shall be the responsibility of the project manager to initiate the communication with the Monroe County Engineering Division to facilitate the inspection of the segment of the project. 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. All payment requests must be submitted no later than September 30, 2017. Invoices received after September 30, 2017 will not be considered for payment. b.) If in -kind services were noted within your application, and you are applying them to this project, documentation shall be submitted to the TDC Administrative Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2"o Round Contract ID# 1865 D.5.a 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, the amount of refund shall be pro -rated based on a useful life of ten (10) years. (ii!) The Grantee is responsible for the implementation of adequate maintenance procedures t• keep the real and personal property good operating condition. 06-0. r. •::�. f `..i. • f • '. • ' •:.: •::.:• • • is County Commissioners for Monroe County, or their agents and representatives. It an audit determines • - .. • to the Grantee pursuant to this agreement were sr- • auditpurposes not authorized by this agreement, the Grantee shall repay the monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the date the monies were paid to Grantee. 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 • c' 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, ! made or received by the County- • Grantee• agreement; and the County shall have the dght to unilaterally cancel this agreement upon violation of this provision by Grantee. Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2nd Round Contract IN 1865 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 X 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 • or agreementofany member,officer, agentor ! is of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be Fable personally on this agreement or be subject to any personal liability or accountability by reason of the execution of this agreement. E 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 8. RESTRICTIONS ON AGREEMENTSf PURSUANT TO THIS AGREEMENT. The Grantee shall include in all agreements funded under this agreement the following a.) Anti -discrimination. Contractor agrees that it will not discriminate against any service under this agreementof theirrace, color,religion, . 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. •.) Anti -kickback. Contractorperson has been employed or Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2nd Round Contract IN 1865 6 a waiv r of immunity to the extent of liability coverage, nor shall any contract entered into by • be required I■ contain any provision f• b.) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, •compensation,.r • other benefits which apply • the activity of • agents, or employees of any public agents or employees of the County, when 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. Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2"d Round Contract IN 1865 of drug abuse-, r The Comprehensive Alcohol A • Alcoholism Pr- • Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on basis of • •l abuse or • •' Public - relating to confidentiality of • • and drug abuse patent records;of - 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 - subject matterof, agreement. 11ANTI-KICKBACK. The Grantee warrants that no person been employed or retained to solicit or - - this agreement uponagreement or r- r r for commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or - or otherwise, in the said funded project, rightexcept for general membership. For breach or violation of this warranty, the Grantor shall have the • annul this agreement out liability or, discretion,to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 12. TERMINATION. agreement - - on September1 2017. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficientto allow forthe continuation of ■ - - pursuant to fundsthe terms herein. In the event that . be continued at a level sufficient. allow continuationthe of this agreement pursuant to the terms specified herein,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 Grantee. The Grantornot be obligated a pay for any services or goods provided by -- after Grantee has received written notice of termination. •I011tw-14141116A- •1 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. Annals Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2nd Round Contract It]# 1865 0 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 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 fon-ner 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 X LU 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 Y) 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. I$] i OK 0111 4 PIN -19P1714 f�:O F-65-06el Ffel WMIT Fd-VJ.UffC-L-"1T1J'-1 or a pIDAU public work, may not submit bids on leases of real property to public entity, may not b- iay not b 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 i excess of the threshold amount provided in Section 287.017, Florida Statutes CATEGORY TWO for a period of 36 months from the date of being placed on th convicted vendor list. By executing this document grantee warrants that it is in complianc with this paragraph. 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. Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2"d Round Contract lD# 1865 11 19. LICENSING AND PERMITS: Grantee warrants that it shall have, p(ior 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 X 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: Y) 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. 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: Allil of W110 WOM lilt 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 Clerk's office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certcate Holder and addonal Insured for this contract (certificate only for workers' compensation coverage). Insurance information should be mailed to: Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Pro*t Funding — 2"d Round Contract 1D5 1865 12 ■ Management Risk r' ! 1026 Key West, FL .' 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following; X uU For Grantee: Ana Hernandez Islamorada, Village of Islands 86800 Overseas Highway Islamorada, FL 33036 For Pacini Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 Ms. Christine Limbert-Barrows, Asst. CountyAttorney P.O. Box 1026 Key West, FL i f ', NON-DELEGATION23. 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 • timely performance - by participating entity,- the performance may be offered in satisfaction of the obligation or responsibility. Further, this agreement ,; • ' ■ to,nor shall • -construed as,authorizing delegationof .. constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. Anne's Beach Boardwalk Replacement Repairs Phase I FY 2017 Capital Project Funding — 2"d Round Contract I0# 1865 13 25. ATTESTATION& 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 W• • If — • ': • ! . • ■ —:' � f.� ■ - is ! ■ • ■ read interchangeably. Po- Round Contract r Im" - : Board of County Commissioners -.-ok, Clerk of Monme County Teputy Clerk Mayor/Chairman ~`°"^°~^~--'~~`~~`~~~~~~~'~~~`. .~~`^~~~~~~^~~-~°~~~~~. .~~~~~~~~~~-~^~~~~~~~~~`~~~~~~~~~~~~~~~^~^~~^~^~~~~~^~~^~'~~~ � = Print t1affle AnneBeach Boardwalk Replacerneni Repairs Phase vs O >C ®"p M LU C O 'C O h� U v� U a C 01 w= O...............................a_____..................... ...------------------------------- 0 O O d 4 , d CL cs O -C NO c C :t9 5 ® z°E U 2 E O 4t p30 A o c, ® � i c ® C o in E L- O O U O m u c O d p }� :U I- E® _ "$MO � aO 3 --o ate` y ® U.Q c d�+oN m c 1 ° v r E ac Q o��- v y o �`U.&. J.m �� w C (D C (D Q} U o f O N ®am E a t w®�y O O 0 -0 Qw- Q C'$ � ua .ac 12 O ado ELm go y e� °� O �_ O C U Z3 O) E 'E�, EcCD cE oc a' � � N 0 a_ °� u �ey4 ° (D c "`aEa �� w 0 cia O Q.O o® ° E°;° �O N`� C -0 CDU �ti. ®e.a!3 C0 ®C�®�3�N N ,,® ®® Mo'=-a �-9 QQ°'- U Ln cU.j� .� V N °~IM ZZ ZZ�0.0 N ® • • c.gao