Item C41'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: C.41
Agenda Item Summary #2241
BULK ITEM: DEPARTMENT:
Yes Project Management / Facilities
TIME APPROXIMATE:STAFF CONTACT:
Doug Sposito (305) 292-4416
N/A
AGENDA ITEM WORDING:
Approval of Addendum to the Amended and Restated Contract
between Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA) and Monroe
County providing funding for the Construction of the New Animal Control Shelter
ITEM BACKGROUND:
Please Note that the Attached Draft Agreement may be change after
further review by the FKSPCA and Exhibit A to the Agreement ( i.e. the Construction Contract
between FKSPCA and DL Porter) will also be included on the Revised Agenda. The parties entered
into an Amended and Restated Agreement on May 1, 2014 whereby the County agreed to a long
term agreement for services in exchange for the FKSPCA to build a much needed new animal
control facility in Key West to serve the County. To date the FKSPCA has raised over $6 million to
build and construct a new animal control shelter, but due to rising construction cost, the responses
received were above the anticipated construction budget. The County at its final budget hearing
agreed to grant the FKSPCA $750,000 in County FY 2016/2017 and another $750,000 in County FY
2017/2018 for a total amount not to exceed $1.5 Million. This agreement provides for payments for
construction of the new shelter to be made on a reimbursement basis. This additional funding will
allow the Project to proceed with construction as planned. The County agrees that this Facility will
serve a public purpose and will greatly benefit the citizens of Monroe County with little contribution
of public funds for the Project. Since the County intends to use 304 infrastructure surtax funds for
this Project, in accordance with F.S. 212.055(2)(d)(1)(d), the FKSPCA agrees to make the Facility
available for use at no cost to the County on a temporary basis as needed by the County as a public
emergency shelter or a staging area for emergency response equipment during an emergency
officially declared by the state or the local government.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved the Amended and Restated
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Agreement on May 1, 2014. The BOCC approved funding at its September 12 final budget hearing.
CONTRACT/AGREEMENT CHANGES:
Addendum to Agreement with FKSPCA providing funding for KW animal shelter
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STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Addendum with FKSPCA funding 1.5 million for Facility
Amended and Restated Cotnract FKSPCA BOCC Sp Mtg 5 1 14
FINANCIAL IMPACT:
Effective Date: 10/19/2016
Expiration Date: 9/30/2018
Total Dollar Value of Contract: $ 1.5 Million
Total Cost to County: $1.5 Million
Current Year Portion: $750,000
Budgeted:
Yes
Source of Funds: 304 Infrastructure Surtax Funds
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details: $750,000 will be funded in County FY 2016/2017 and $750,000 will be
funded in County FY 2017/2018 for total not to exceed $1.5 Million
10/01/16 304-24000 · GEN GOVT CAP PROJECTS $750,000.00
CJ1708
REVIEWED BY:
Doug Sposito Skipped 10/04/2016 4:45 PM
Christine Limbert Completed 10/04/2016 4:45 PM
Budget and Finance Completed 10/04/2016 5:03 PM
Maria Slavik Completed 10/05/2016 7:19 AM
Kathy Peters Completed 10/05/2016 1:53 PM
Board of County Commissioners Pending 10/19/2016 9:00 AM
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8,-7%(()2(91(addendum) is entered into this 19 day of October, 2016 by
and between MONROE COUNTY (County or Grantor), a political subdivision of the State
of Florida and the Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA
orGrantee), a Florida (501)(c)(3) not-for-profit corporation.
;,)6)%7, the parties entered into an Amended and Restated Agreement on May
1, 2014 (Amended and Restated Agreement); and
;,)6)%7, to date, the FKSPCA has raised over $6 million to build and construct a
new animal control shelter (the acility or , but due to rising construction cost,
the responses received were above the anticipated construction budget; and
;,)6)%7, the agreement between the parties and the City of Key West,
specifically the 99-Year Amended and Restated Lease Agreement between County and
the City of Key West requires for the Contractor to provide a performance guarantee to the
County demonstrating that there are sufficient funds to construct the Facility before a
building permit will be issued by the City for the Project; and
;,)6)%7, the County agrees to grant the FKSPCA an amount not to exceed $1.5
Million on a reimbursement basis to allow for the Project to proceed with construction as
planned; and
;,)6)%7, the County agrees that this Facility will serve a public purposeand will
greatly benefit the citizens of Monroe County with little contribution of public funds for the
Project; and
;,)6)%7, the FKSPCA agrees to make the Facility available for use on a
temporary basis as needed by the County as a public emergency shelter or a staging area
for emergency response equipment during an emergency officially declared by the state or
the local government as set forth in F.S. 212.055(2)(d)(1)(d) since the County intends to
utilize infrastructure surtax funds for the funding of this Project;
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 October 1,
2016 through to September 30, 2018 (Fiscal Year (FY) 2016/2017 and FY 201717/2018).
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. 8LI4VSNIGX[SVOHIWGVMFIHMR)\LMFMX%QYWXGSQQIRGI[MXLMRXLI
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2. SCOPE OF AGREEMENT. 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 the Construction Contract
attached hereto as Exhibit A. The details of the work and the cost allocable to each
segment/schedule of values, is incorporated herein by reference. %R]XLMRKRSX
VIJIVIRGIH[MXLMR)\LMFMX%[MPPRSXFIVIMQFYVWIHERHVIMQFYVWIQIRX[MPPFIEWWIX
JSVXLFIPS[MR4EVEKVETL 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 shall be submitted to the Project Management for review and
approval prior to processing to Finance Department of Monroe County no later than .YP]
to be considered for payment.
Acknowledgement: Grantee shall be required to permanently display and maintain at
public acknowledgement of the support of the Monroe County Board
of County Commissioners in a publicly prominent area of their facility in the following
form: ject was made possible with the financial support of the Monroe County
Board of County Commissioners A photograph of said acknowledgment shall be
provided with the final request for reimbursement outlined in Exhibit B of this agreement.
a.) There shall be a project manager and architect/engineer of record to
acknowledge receipt of goods or work performed. The project Manager shall be
Biltmore Construction, Inc and the
architect/engineer of record shall be Rick Bacon, FAIA of Bacon Group, Inc.Should
there be a change in the project manager or architect/engineer of record, the new
project manager or architect/engineer of record designated, and notice with new
contact information shall be provided in writing to the Director of Project
Management, Monroe County Engineering.
b.) Grantee contracts with DL Porter/General Contractor for the work funded
under this agreement, the agreement between FKSPCA and DL Porter is attached
hereto as Exhibit A. Grantee shall provide the County with a copy of any and all
contracts, Schedule of Values, Certificates of Insurance, and Construction
Schedule, Change Orders 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.
c.) Grantee shall exercise good internal controls to assure that the Project as
described 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.
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
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submitted to the County 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 7IZIR,YRHVIHERH*MJX]8LSYWERH(SPPEVW
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for materials
and services for the Project. Reimbursement request must show that Grantee
has paid in full for materials and services relating to the segment of work
completed prior to seeking reimbursement from Grantor. The project manager
shall identify on the schedule of value which portion of the Project is being
submitted for reimbursement by the County. Payment reimbursement for the
total cost of the segment of the work completed and for which reimbursement is
sought is subject to the schedules of value as set forth in Exhibit A and payment
reimbursement must be submitted as outlined in Exhibit B. Reimbursement can
be sought after segments of the Project are completed and signed by the
Monroe County Project Management Department as outlined in 3.a. The Board
of County Commissioners assume no liability to fund this agreement for an
amount in excess of the amount of this Agreement
performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC. The FKSPCA agrees to make the Facility
available for use at no cost to the County on a temporary basis as needed by the
County as a public emergency shelter or a staging area for emergency response
equipment during an emergency officially declared by the state or the local
government as set forth in F.S. 212.055(2)(d)(1)(d) since the County intends to
utilize infrastructure surtax funds for the funding of this Project.
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a.) Payment may be made upon the completion of specific segments of workas
outlined in the Scope of Services and Exhibit A and B. 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,
architect/engineer of record, 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 B and paid an
amount equal to or greater than the amount invoiced to the Grantor. The necessary
supporting documentation shall be submitted to the Project Management
Department Project Management Department finds the
documentation presented is insufficient, they shall inform the Grantee in writing of
the shortcomings and seek additional documentation. Upon receipt of
documentation the Project Management Department deems sufficient, the
Department partment for
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payment. It shall be necessary for the Grantee to contact the Project Management
Department (Doug Sposito- phone: 305-292-4416 email: Sposito-
Doug@MonroeCounty-Fl.gov) and to arrange for inspection upon the completion of
each segment of work or as needed to verify payment request submissions to the
County. It shall also be the responsibility of the project manager to initiate the
communication with the Monroe County Project Management Department to
facilitate the inspection of the segment of the project and to provide verification of
work to the County Project Management Department. 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. 8LIETTPMGEXMSRJSVTE]QIRXQYWXEPWSMRGPYHIEGIVXMJMGEXMSRJVSQ
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b.) Since payment request must be reviewed and approved by the County prior
to submission to the Clerk Finance Department for payment, all payment requests
must be submitted to the County no later than July 31, 2017 for FY 16/17 funding
and no later than July 31, 2018 for FY 17/18 funding. Invoices received after July
31, 2018 will not be considered for payment.
c.) The Project Manager shall certify delivery to the project site and installation
therein of any goods or services provided other than through an architect, engineer
or contractor. All work performed and goods received on site and incorporated into
the project shall be verified by one of the foregoing. Submission of any
documentation which is untrue, falsified, or otherwise misrepresents the work which
has been completed, paid, or donated shall constitute a breach of agreement, for
which the contract may be immediately terminated at the discretion of the County,
whose decision shall be final.
d.) At any time that the documentation requirement policies of Monroe County
are revised, Grantee shall comply thereafter with such increased requirements, or
further funding under the agreement may be terminated by County.
e.) The Grantee shall maintain, preserve, and operate the property which was
acquired or improved under this agreement and in accordance with the Amended
and Restated Agreement for the exclusive uses and purposes for animal control
services, an animal shelter and its related and associated uses. The following terms
shall apply:
At any time as any of the conditions in the preceding sentence shall cease to
exist, the Grantor shall have the option to exercise all remedies under the law
and as set forth in this agreement and the Amended and Restated
Agreement. If agreed, authorized and requested by the County, Grantee
shall transfer ownership and possession of equipment and personal property
to the County in an effort to remedy any damages to the County.
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(ii) At any time that the Grantee: (a) elects to stop the Project or otherwise
fails to complete The Facility constructed in part with County funding,
Grantee shall, pursuant to the formula set forth hereafter, refund to the
County the funding reimbursed under this agreement. This provision shall
survive the termination date of all other provisions of this contract for a period
of Twenty years. The amount of refund shall be pro-rated based on a useful
life of twenty (20) years and in accordance with the Amended and Restated
Agreement.
(iii) The Grantee is responsible for the implementation of adequate
maintenance procedures to keep the real and personal property in good
operating condition and in accordance with the Amended and Restated
Agreement. The Grantee must provide information, as requested by the
is in compliance with County Standards. If the County determines that
maintenance is not satisfactory, the County may order Grantee to implement
additional or further maintenance or County may take over maintenance and
adjust reimbursement under this agreement or under the Amended and
Restated Agreement accordingly.
(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 County or authorized agents and
representatives. 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, subsequent grant awards or reimbursement under the Amended and Restated
Agreement 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.
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.
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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 agreementor 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. TERMINATION. This agreement shall terminate on September 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 terms 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 or in the Amended and Restated
Agreement. 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 funds raised solely by the Grantee for the Facility in an amount
of no less than $6 Million is a breach of agreement, for which the Grantor may terminate
this agreement upon giving written notification of termination.
14. 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
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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
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.)
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
out-of-pocket expenses, as an award against the non-prevailing party, and shall
-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
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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
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
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
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.
b.) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
unauthorized compensation; misuse of public position; conflicting employment or
contractual relationship; and disclosure or use of certain information.
17. PUBLIC RECORDS COMPLIANCE: Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall have
the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
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(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) y with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Contractor or keep and maintain public records that would be required
by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
at is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
ecords, the County shall
enforce the public records contract provisions in accordance with the contract,
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
BLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
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BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
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OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040.
18. 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
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.
19. LICENSING AND PERMITS: Grantee 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.
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
the obligations set forth in this agreement and in accordance with the Amended and
Restated Agreement.
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:
For Grantee: Florida Keys SPCA
Tony Jenkins/John O-Connor
of Biltmore Construction, Inc., Project Manager
5230 College Road
Key West, FL 33040
For Grantor: Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Monroe County Project Management
1100 Simonton St., Rm. 2-231
Key West, FL 33040
County Attorney
th
1111 12 St., Suite 408
Key West, FL 33040
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27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or
failure to complete the project, in whole or in part, due to the occurrence of any
contingency beyond its control or the control of its contractors and subcontractors,
including war or act of war whether an actual declaration thereof is made or not, act of
terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of
public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or
act of nature (including presence of endangered animal species which cannot be timely
removed in a safe manner) or any act of any governmental authority which prohibits the
project from proceeding as described in the scope of services and incorporated references
and which the Grantee has exercised reasonable care in the prevention thereof. However,
lack of planning for normal and expected weather conditions for the time of year the project
is to be executed shall not constitute an act of God excusing a delay. Any delay or failure
due to the causes stated shall not constitute a breach of the agreement; however, the
Grantor shall have the right to determine if there will be any reduction to the amount of
funds due to the Grantee after consideration of all relevant facts and circumstances
surrounding the delay in performance or failure to complete the project within the contract
period. Upon demand of Grantor, the Grantee must furnish evidence of the causes of
such delay or failure. Grantor shall not pay for any goods received or services provided
after the date(s) described in paragraph 1 and Scope of Services.
28. 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.
29. SECTION HEADINGS. Section headings have been inserted in this agreementas
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.
30. MISCELLANEOUS
read interchangeably.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first above written.
(SEAL) Board of County Commissioners
Attest: Amy Heavilin, Clerk of Monroe County
Deputy Clerk Mayor/Chairman
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Florida Key SPCA
By
Jane Dawkins, President
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)<,-&-8%
The Contract between the FKSPCA and Contractor DL Porter shall be attached hereto as
Exhibit A.
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1EMPSVHIPMZIVGSQTPIXIHVIMQFYVWIQIRXVIUYIWXWXSXLIJSPPS[MRKEHHVIWW
Monroe County Project Management
1100 Simonton Street, Suite 2-216
Key West, FL 33040
8LIMRJSVQEXMSRFIPS[QYWXVIJIVFEGOXS[SVO[MXLMRXLI'SRXVEGX)\LMFMX%
2EQISJ3VKERM^EXMSR: FKSPCA
2EQISJ4VSNIGX: Key West Animal Shelter
*= *= 4VSNIGX)\TMVEXMSR(EXI:
Note: County signoff and submission for reimbursement only allowed after
completion of each segment as documented in this exhibit. Grantee must apply for
Payment/Reimbursement Kit attached hereto as Exhibit B.
Schedule of Value County Portion
Segment #: 1
Description:
Total Cost: $ County portion: $
Segment #: 2
Description:
Total Cost: $ County portion: $
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(EXI
A) Total of Above
Submissions:
B) Total of Prior Payments:
C) Total Requested and
Paid (A+B):
D) Total Contract Amount:
E) Balance of Contract (D-
C):
)\XVEI\TIRHMXYVIPMWXMRKWLIIXWEVIEZEMPEFPIJSV]SYVYWIEXXLIFEGOSJXLMWTEGOIX
TPIEWIMRWIVXFILMRHTEKIMJRIIHIH
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%88%',1)287%2(',)'/0-78
'SQTPIXIERH7YFQMX[MXL6IMQFYVWIQIRX6IUYIWX
I am the President of the Organization or the Project Manager listed within the signed
Agreement.
I have reviewed Exhibit A of the Agreement and there are no changes (Contact Project
Management immediately if there are differences) between Exhibit A and the work you
have completed.
I am submitting payment request for completed work ________(insert Segment of work
as outlined in Exhibit A.
I understand that I will only be reimbursed for costs directly related to items listed in
Exhibit A.
I have paid 100% of the segment or project cost up front to the entity completing work and
have enclosed invoices and proof of payment to that entity in the form of a copy of the
check with bank statement showing check has cleared; or credit card statement showing
payment made credit card used must be in the name of the organization who the
agreement is entered into.
I have attached copies of all contracts not included in Exhibit A.
I have enclosed before and after pictures of the completed project.
I have completed the Reimbursement Request Cover Sheet and have securely attached
all of the above mentioned documents.
I have contacted the Monroe County Project Management Department at the number
listed in my Agreement and they have inspected my project and signed off approval. I
have attached the signed approval as part of my reimbursement packet.
I have attached a notarized verification statement to this request for reimbursement.
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()4%681)28
1YWXFIGSQTPIXIHFIJSVIWYFQMXXMRKJSVVIMQFYVWIQIRX
I certify that as a representative of the Monroe County Project Management Department, I
have reviewed and inspected the segment(s) of the project outlined under this request for
reimbursement and it is my determination that the scope of services outlined in Exhibit A
have been met.
_____________________________________________________________
Authorized Signature Representing Monroe County Project Management Department
__________________________________ ____________________
Printed Name Date of Inspection
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8SFIGSQTPIXIHF]XLI4VIWMHIRXSJXLI3VKERM^EXMSRSV4VSNIGX1EREKIV RSXEVM^IH
ERHVIXYVRIH[MXLWYFQMWWMSRJSVVIMQFYVWIQIRX
I swear and certify that the information contained within this submission for
reimbursement is true and correct, and that I am the duly authorized representative of this
capital project submission.
__________________________________
President or Project Managers Name (Printed)
___________________________________
Signature of President or Project Manager
Sworn to and subscribed before me this ____ day of _______________, 20___ by
_______________________________ who is personal known to me _____ or produced
a form of Identification____.
________________________________
Notary Public
My Commission Expires: __________
Notary Stamp:
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8SFIGSQTPIXIHF]XLI4VSNIGX1EREKIVERH%VGLMXIGX)RKMRIIVSJ6IGSVH RSXEVM^IH
ERHVIXYVRIH[MXLWYFQMWWMSRJSVVIMQFYVWIQIRX
I swear and certify that the work has been completed in conformance with the
design/plans and construction contract (Exhibit A), and that I am the duly authorized
Project Manager/Architect/Engineer of Record for this Project.
__________________________________
Project Managers or Architect/ Name (Printed)
___________________________________
Signature of Architect/
Sworn to and subscribed before me this ____ day of _______________, 20___ by
_______________________________ who is personal known to me _____ or produced
a form of Identification____.
________________________________
Notary Public
My Commission Expires: __________
Notary Stamp:
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Additional reimbursement request page
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(EXI
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