Item E6M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: E.6
Agenda Item Summary #3771
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 Agreement with Florida Keys
Community College and the Letters "FKCC" for the Tennessee Williams Theatre - Stage
Improvements project to revise Exhibit A of the Agreement which outlines Scope Of Services and
reduce the grant amount to $137,500.
ITEM BACKGROUND: Attached is a request from Florida Keys Community College requesting
to revise the Scope of Service for the Tennessee Williams Theater — State Improvements Project and
reduce the amount of the grant by $462,500, to $137,500.
DAC I approved same at their meeting of December 6, 2017
TDC approved same at their meeting of December 19, 2017
PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting
of October 19, 2016
CONTRACT /AGREEMENT CHANGES:
Amendment to Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FKCC - Tennessee Williams Theatre Request, Amendment and Original Agreement
FINANCIAL IMPACT:
Effective Date: October 19, 2016
Expiration Date: June 30, 2018
Total Dollar Value of Contract: $137,500
Total Cost to County: No Cost to County
Current Year Portion: $137,500
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:
If yes, amount:
01/17/18 117 -77040 - TDC BRICKS & MORTAR 117
$137,500.00
REVIEWED BY:
Maxine Pacini
Completed
12/28/2017 10:22 AM
Christine Limbert
Skipped
12/28/2017 10:56 AM
Cynthia Hall
Completed
12/28/2017 12:27 PM
Budget and Finance
Completed
12/28/2017 1:09 PM
Maria Slavik
Completed
12/29/2017 7:42 AM
Kathy Peters
Completed
12/29/2017 9:14 AM
Board of County Commissioners
Pending
01/17/2018 9:00 AM
Machan-Abram
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To that end, we respectfully request ur grant be amended w ith reduction from $600 to $137,500 (TDC
portion to a ccurately reflect what we can and have accomplished
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This Amendment to Agreement (Agreement) is entered into this day of
, 2018 by and between MONROE COUNTY, a political subdivision of the State of Florida
(County
• Grantor) and Florida Keys Community College and the letters "FKCC" a not for
profit organized and operating under the laws of the state of Florida (Grantee).
WHEREAS, there was an agreement entered into • October 19, 2016 between the
parties, awarding $600,000 to Grantee for the Tennessee Williams Theatre — Stag.-
Improvements project; and
WHEREAS, it has become necessary to revise Exhibit A outlining Scope of Service as the
scope of the project has been reduced; and
1 1 , 1'AEREAS, due to the reduced scope of the project and reduction to the overall total cost
*f the project, the amount • award is being reduced by $462,500, and
NOW, THEREFORE, in consideration • the mutual covenants contained herein the parties
agree to the amended Agreement as follows:
3. The remaining provisions of the agreement dated October 19, 2016 shall remain in full forc..-
and effect.
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Amend ment#1
Florida Keys Community College — Tennessee Williams Stage Improvements
ID# 1763
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: Kevin Maclok, Clerk of Monroe County
Deputy Clerk
Mayor/Chairman
ET Florida Keys Community ollege and the letters "FKCC"
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Print Name
Date: L � 0
Print Name
Date: 12-11,11-7
(2)
(2)
Print Name
Date: I ?-- 6 11
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CHRISTINE LIMBERT-BARROWS
ASSISTANTCOLN
, �Y ekTQRNEY
DATE. I e I
Amendment # I
Florida Keys Community College — Tennessee Williams Stage Improvements
ID4 1763
. 1
NAME OF ENTITY: Florida K fs Comm !!U ..and The Letters "FKCC"
xxxxxxaw.ss.:::s
NAME OF PROJECT:
Tennessee x x s Theatre t M v e s
NUMBER OF SEGMENTS TO PROJECT: 1
• - and submission for reimbursement -. affer completion e. ent as
documented in this exhibit ... the 'App lication
inclu _ P aym e nt/ R e i m b urse me nt
Segment #: i
Descri tion: Materials, equipment and labor,
Contractor and engineering costs required to:
• Install new carpet throughout theatre and
repair flooring Refinish and repair walls and
doors to right and left of stage
• Install 505 new seats
• Replace approx. 3500 square feet of main
stage decking including new bracing, sub
floor and meso covering.
• Install ADA compliant wheelchair lift adjacent
to the main stage
• Install Wifi- BluetoothHearing System for main
house seating area
• Design Drawings /Plans
(In order for this segment to be reimbursed, acknowledgement of TDC Total Cost: $275-000 TDC poffion: U137,500
funding must be in place and proof in the form of pictures provided with In -Kind No in -kind will be used
submission for reimbursement of this segment. This acknowledgement towards reimbursement of this
shall not be covered as part of the TDC reimbursement - see contract project.
paragraph 7)
Attachment: FKC - Tennessee Williams Theatre Request, Amendment and Original Agreement (Florida Keys Community College - Tennessee
reimbursed. All work for which grant funds are to be expended must be completed by the
stated termination date of June 30, 2018 and all invoices pertaining to this project shall be
submitted to the Finance Department of Monroe County no later than June 30, 2018 to be
considered for payment. Acknowledgement Grantee shall 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 Frank Wood (Telephone: (305) 296 -1520;
Email: frankw@packw.org). 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 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 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 $50,000,
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:
http:/ lwww. 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
proposed budget and shall provide to County any certifications, including those by
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project Funding
Contract ID#: 1763
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.
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 - 2924523 email: Rivera- Chris@MonroeCounty- Fl.gov or Doug Sposito-
phone: 305 - 292 -4416 email: Sposko- 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 June 30, 2018. Invoices
received after June 30, 2018 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
Office to show the receipt and application of in -kind donations of goods,
professional services, and materials. Said documentation should include invoices,
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project Funding
Contract ID#. 1763
3
c.) At any time that the documentation requirement policies of Monroe County
are revised, such as to require annual inventory reports for equipment purchased
under D' capital project grant, - - shall comply - increased requirements, or - r funding under the agreement may be -.
by r
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.
(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. If an audit
determines that monies paid to the Grantee pursuant to this agreement were spent for
purposes 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
audit exception.
a.) Public Access. - County and Grantee shall allow and permit reasonable
papers, access to, and inspection of, all documents, - - rs or other materials
.. - . .- the provisions of Chapter
received Statutes, and made or by the County Grantee in conjunction with this
agreement; the County shall have the right to unilaterally
eement
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.
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project Funding
Contract ID#: 1763
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 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
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project f=unding
Contract IN. 1763
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3. Comprehensive • Liability Insurance with minimum limits of $300,000
combined single limit per occurrence.
9. HOHARMLESS/INDEMNIFICATION. - Grantee hereby agrees r-
Improvements and hold harmless the BOCCITDC and the 3406 North Roosevelt Blvd. Corporation or any
Tennessee Williams Theatre - Stage
FY 2017 Capital ■ r ■
Contract 1'
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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 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 V111 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
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project Funding
Contract ID#: 1763
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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 June 30, 2018. 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 terns 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 Grantee. 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
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project Funding
Contract ID#: 1763
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, court 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 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 former or
present County officer or employee. The County and Grantee warrant that, in respect to
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project Funding
Contract ID#: 1763
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1, Workers' Compensation insurance as required by Florida Statutes.
Commercial 2. - ral Liability Insurance with minimum limits of $500,000
Combined Single Limit (CSL) If split limits are provided, the minimum
limits acceptable be $250,000 • - o $500,000 per occurrence
$50 111 property damage.
3. Comprehensive Auto L.. of $300,0 1 1
combined single limit per occurrence.
The Grantee, the Grantor • the TDC shall be • as additional insured, exce •
• - compensation. - policies provide • less than i' days notice
non or - • • of • . a - shall provide • the Coun
as satisfactory evidence of the required insurance, including the insurance poli
application ar either:
• Original Certificate of Insurance, OR
• •- t. • r • r mlssloners
• Risk Management
>< O Box 1026
Key West, FL 33041
Tennessee Williams Theatre - stage Improvements
FY 2017 Capital Project Funding
Contract ID #: 1763
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NOTICE. Any • - required or permitted under this agreement be r
• hand delivered • a ` • postage prepaid, • the other party by certified mail,
returned receipt requested to the following:
cor Grantee: Frank Wood
5901 College Rd.
Key West, 040
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
120' White Street, Suite 102
Key West, FL 33040
Ms. Christine Limbert- Barrows, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
- - • r! _ • -• _- - i • ►ter .:' _ .'r• r''• _• _ r
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.
Tennessee Williams Theatre - Stage Improvements
FY 2017 Capital Project Funding
Contract ID#: 1763
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Tennessee Williams Theatre - Stage Improvements
FY 2D17 Capital Project Funding
Contract ID#. 1763
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FY 2017 CapNal Project FaWft
1735
15
EXHIBIT a''
PROJECT: NAME OF EN71TY: Florida Keys Community College and The LeffeFS "FKCC"
NAME OF - - - Williams Theatre - Stage Improve
NUMBER OF SEGMENTS TO PROJECT:
bLo_te. County signoff and submission for reimbursement only allowed offer completion of each segment as
d ocu r ... - ., .. . ■ •.
inclu w the Payment
Segment
Description: Materials, equipment and labor,
Contractor !' • engineeding costs required
Paae 1 of I
Attachment: FKC - Tennessee Williams Theatre Request, Amendment and Original Agreement {Florida Keys Community College - Tennessee
s �
Inst all • • additional l• i ies room bathroom
s
• Design Drawings
• f s/ $tFif
(In order for this segment to be reimbursed, acknowledgement of TDC In -Kind No in -kind will be used
funding must be in place and proof in the form of pictures provided with towards reimbursement of this
submission for reimbursement of this segment. This acknowledgement project.
shag not be covered as part of the TDC reimbursement — see contract
paragraph 2)
r •• • �•�iM f��
e 2 of i
Attachment: FKC - Tennessee Williams Theatre Request, Amendment and Original Agreement {Florida Keys Community College - Tennessee