Item E4M
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.4
Agenda Item Summary #3765
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 City of Marathon for the
Amphitheater Improvements project in an amount not to exceed $15,000 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:
City of Marathon Agreement
FINANCIAL IMPACT:
Effective Date: December 13, 2017
Expiration Date: September 30, 2018
Total Dollar Value of Contract: $15,000
Total Cost to County: No Cost to County
Current Year Portion: $15,000
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:
If yes, amount:
01/17/18 119 -79040 - TDC BRICKS & MORTAR 119
$15,000.00
REVIEWED BY:
Maxine Pacini
Completed
12/28/2017 10:25 AM
Christine Limbert
Skipped
12/28/2017 10:54 AM
Cynthia Hall
Completed
12/28/2017 12:13 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 9:12 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 City of Marathon (Grantee) a Government
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
Amphitheater Improvements 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 auditorium 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
stated termination date of September 30, 2018 and all invoices pertaining to this project
Project Name: Amphitheater Improvements
FY 2018 Capital Project Funding
Contract ID #: 2021
find for one year after acceptance of the project, Grantee shall maintain on file with the
Grantor a cercate of the insurance of the carriers showing that the aforesaid insurance
X is in effect. The following coverage's shall be provided:
k. Commercial General Liability Insurance with minimum limits of $500,0W
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, 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,
Ps satisfactory evidence of the required insurance, including the insurance policy
2pplication and either:
�mTUUe-rcUMT- -
c/o Risk Management
P.O. Box 1026
Xey West, FL 33041
21. NOTICE. Any notice required or permitted
and hand delivered or mailed, postage prepaid
returned receipt requested to the following:
LTITIP MTWI
, N&WHT41111
t i ITUTP """I
FY 2018 Capital Project Funding
Contract ID#: 2021
12
For Grantee: Carlos A. Solis
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
For Grantor: Maxine Pacini
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
Ms. Christine Limbert-Barrows, Asst. County Afforn
P.O. Box 1026
Key West, FL 33041-1026
22. CLAIMS FOR FEDERAL OR STATE AID. Grantee and County agree that ea
shall be, and is, empowered to apply for, seek, and obtain federal and state funds
further the purpose of this agreement; provided that all applications, requests, gra
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proposals, and funding solicitations shall be approved by each party prior to submission. I
25. ATTESTATION& Grantee agrees to execute such documents as the County m
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, andl
Drug-Free Workplace Statement.
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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 bc
read interchangeably.
I rTUFM r ImproTemen
FY 2018 Capital Proj'ect Funding
Contract ID#: 2021
14
IN WITNESS WHEREOF. the parties hereto have caused this agreement to be executed
the day and year first above written.
(SEAL)
Attest: Kevin Madak, Clerk
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Rf Monroe County
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CHIUSTINE LIMBERT-BARROWS
ASSISTANT F3W7
DATE: rEY
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15
Agur
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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
inclu P Kit.
Segment #:1
Description Materials, equipment and labor
required to:
• Paint amphitheater including any necessary
preparation, patching, repairs, rust removal
and application of rust inhibitor
(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)
100076 i a t 1 !1
In-Kind N in-kind will he used
lowards reimbursement this
proj
• • N Bill
Attachment: City of Marathon Agreement (City of Marathon Amphitheater)