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Item E1M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� � 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.1 Agenda Item Summary #3640 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552 N/A AGENDA ITEM WORDING: Approval of an Agreement with Pigeon Key Foundation, Inc. for the Pigeon Key Roof Replacement - Asst. Bridge Tenders Quarters project in an amount not to exceed $60,000 from DAC III FY 2018 Capital Resources. ITEM BACKGROUND: DAC III approved same at their meeting of October 4, 2017 TDC approved same at their meeting of November 7, 2017 PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: Pigeon Key Roof Agreement FINANCIAL IMPACT: Effective Date: December 13, 2017 Expiration Date: September 30, 2018 Total Dollar Value of Contract: $60,000 Total Cost to County: No Cost to County Current Year Portion: $60,00 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: 12/13/17 119 -79040 - TDC BRICKS & MORTAR 119 $60,000.00 REVIEWED BY: Maxine Pacini Completed 12/28/2017 10:23 AM Christine Limbert Skipped 12/28/2017 10:52 AM Cynthia Hall Completed 12/28/2017 11:23 AM Budget and Finance Completed 12/28/2017 1:11 PM Maria Slavik Completed 12/29/2017 7:41 AM Kathy Peters Completed 12/29/2017 9:16 AM Board of County Commissioners Pending 01/17/2018 9:00 AM Grant Award Agreement THIS AGREEMENT (agreement) is entered into this day of , 2018 by and between MONROE COUNTY (County or Grantor), a political subdivision of the State of Florida and Pigeon Key Foundation, Inc. (Grantee) a not for profit organized and operating under the laws of the State of Florida. WHEREAS, the district pennies of Tourist Development Tax may be used for the following purposes only: To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, one or more a. Publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the county or subcounty special taxing district in which the tax is levied; or b. Aquariums or museums that are publicly owned and operated or owned and operated by not - for - profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied; or zoological parks, fishing piers or nature centers which are public owned and operated or owned and operated by not - for - profit organizations and open to the public; and to finance beach park facilities or beach improvement, maintenance, re- nourishment, restoration, and erosion control. WHEREAS, Grantee has applied to TDC District III for funding for the Pigeon Key Roof Replacement — Asst. Bridge Tenders Quarters capital project; and WHEREAS, the Grantor and Tourist Development Council (TDC) have determined that it is in the best interest of the County, for purposes of promoting tourism and preserving the heritage of the community, to attract tourists, and improve the property for use as an museum open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This agreement is for the period of December 13, 2017 through to September 30, 2018. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 7, 12 or 13 below. The project work described in Exhibit A must commence within the fiscal year funded which is October 1, 2017 to September 30, 2018. Proof that the project commenced within the fiscal year funded may be requested by the TDC administrative office. 2. SCOPE OF AGREEMENT. The representations made by the Grantee in its proposal submitted to the TDC are incorporated herein by reference. The Grantee shall provide the following scope of services: Materials and Labor required to complete the above mentioned project. Segment(s) of the work is /are more particularly described in Exhibit A, detailing the work and the cost allocable to each segment, attached hereto, and incorporated herein by reference. Anything not referenced within Exhibit A will not be reimbursed. All work for which grant funds are to be expended must be completed by the Project Name: Pigeon Key Roof Replacement — Asst. Bridge Tenders Quarters FY 2018 Capital Project Funding Contract ID #: 2023 P-nd for one year after acceptance of the project, Grantee shall maintain on file with ttm Grantor a certificate of the insurance of the carriers showing that the aforesaid insurance �olicy is in effect. The following coverage's shall be provided: " 11 1111111 " 11��I� IIIIII 1111�1��1111 �ililill 11��11111� 1111 I�IIIJIIIII IIIIIIIIIIII III 1111111111 ! ip�111 K. Commercial General Liability Insurance with minimum limits of $500,006 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. 3. Comprehensive Business 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, exce workers' compensation. The policies shall provide • less than 30 days notice cancellation, non-renewal or reduction of coverage. Grantee shall provide to the Coun as satisfactory evidence of the required insurance, including the insurance poll application and either: I 01 re ti c/o Risk Management P.O. Box 1026 Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing , -.nd hand delivered or mailed, postage prepaid, to the other party by certified mail, - eturned receipt requested to the following: Project Name: Pigeon Key Roof Replacement — Asst. Bridge Tenders Quarters FY 2018 Capital Project Funding Contract lD#: 2023 sad 11 ig ��or Grantee: Kelly McKinnon Pigeon Key Foundation, Inc. PO Box 500130 Marathon, FL 33050 For Grantor: Maxine Pacini Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 Ms. Christine Limbert Asst. County Attorn P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Grantee and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this agreement, provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 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 Workplace Statement. N 27. EXECUTION IN COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this agreement by signing any such counterpart. 28. SECTION HEADINGS. Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this agreement and will not be used in the interpretation of any provision of this agreement. 29. MISCELLANEOUS: As used herein, the terms "contract" and "agreement" shall be read interchangeably. F"FURMIA - - WeRr- i enaersauarters FY 2018 Capital Project Funding Contract ID# 2023 11 M1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. (SEAL) Attest Kevin Madok, Clerk a 9 ME= An kil tell I pol III Mayor/Chairman 0 0 0 a Date _IVW4� Date- I % I ze / I-) I J liml FY 2018 Capital Project Funding Contract 1D#: 2023 im NAME NAME OF PROJECT: ill:MBER OF SEGMENTS TO PROJECT: Note: County signoff and submission for reimbursement only allowed after completion of each segment as documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment'form included within the PaymentlReimbursement Kit. Segment # :I Description Materials, equipment, labor and transportation (via watercraft from dock to jobsite) required to: • Demolish, haul away and disposal of old roof on Asst. Bridge Tenders Quarters building • Install wooded sheeting layer, flashing and new roof system on Asst. Bridge Tenders Quarters building (In order for this segment to be reimbursed, acknowledgement of TDC funding must be in place and proof in the form of pictures provided with submission for reimbursement of this segment. This acknowledgement shall not be covered as part of the TDC reimbursement - see contract paragraph 2) Attachment: Pigeon Key Roof Agreement (Pigeon Key - Roof)