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Item C25 C.25' Co ��Monroe ;r ' BOARD OF COUNTY COMMISSIONERS lrl Mayor Heather Carruthers,District 3 The Florida.Keys � m���� ���� Mayor Pro Tem Michelle Coldiron,District 2 1 Craig Cates,District 1 David Rice,District 4 ` Sylvia J.Murphy,District 5 County Commission Meeting February 19, 2020 Agenda Item Number: C.25 Agenda Item Summary #6557 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 9:45 A.M. AGENDA ITEM WORDING: Approval of an Agreement with The College of the Florida Keys for a capital improvement project for the Upper Keys Center in an amount not to exceed $500,000; $250,000 in FY2020 and $250,000 in FY2021. ITEM BACKGROUND: On August 21, 2018 The College of the Florida Keys closed on a 2.12- acre Key Largo property (MM 106.4) on the Overseas Highway. This will be the future site of the "Upper Keys Center" where the College plans to expand four existing programs in the Upper Keys: nursing, emergency medical technician, marine environmental technology and public safety (law enforcement and corrections academies). In addition, the College plans to develop new programs at the facility including: Marine resource management,paramedic,pharmacy technician,phlebotomy, and construction technologies. PREVIOUS RELEVANT BOCC ACTION: On February 20, 2019 Dr. Jonathan Gueverra of from The College of the Florida Keys presented, "A Vision for Our Community's Future" to the Board of County Commissioners. The new Upper Keys Center was discussed in the presentation. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Upper Keys Ctr on Horizon Dr. G Presentation FY2020 CFK Upper Keys Center_FINAL03 FINANCIAL IMPACT: Effective Date: 2/19/2020 Packet Pg.688 C.25 Expiration Date: 9/30/2021 Total Dollar Value of Contract: $500,000.00 Total Cost to County: $500,000.00 Current Year Portion: $250,000.00 Budgeted: Yes Source of Funds: 001 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: 02/19/20 NEW COST CENTER ADDED $500,000.00 The College of the Florida Keys-Upper Keys Center REVIEWED BY: Christina Brickell Completed 02/04/2020 5:00 PM Christine Limbert Completed 02/04/2020 5:16 PM Maria Slavik Completed 02/05/2020 7:43 AM Kathy Peters Completed 02/05/2020 12:06 PM Board of County Commissioners Pending 02/19/2020 9:00 AM Packet Pg.689 C.25.a Upper Keys Ctr on Horizon • Upper Keys Ctr on Horizon YY LL t U LL w 0 � t t T t t } 0 • Posted on August 23, 2018 • By: is • Categories:CFK News • Tags: Basic Law Enforcement,College of the Florida Keys,Dr. Jonathan Gueverra EMT,FKCC,FKCC Foundation,FKCC Upper Keys Center,Florida Keys Community College,Nursing With the acquisition of::x 2.12-acre Key Largo property, Florida Keys Community College made an historic step in its goal to expand services to the residents and industries in northern Monroe County. The College closed on the purchase of the � property on Aucs. 21 and now awns the long-sought site of the future FKCC Upper Keys Center. � Many know the property as the northern"Shell World" location at Mile Marker 106.4 on the Overseas Highway, which greeted visitors entering the Keys for many years. This highly-visible new location replaces the College s increasingly limited space e held at Coral whores Hirsh School and will allow the College to double Its capacity to serve more than 300 students annually. In the spirit of supporting higher education and workforce training in the Keys, the sellers, the Waterman family, reduced the 3 million price tag by 500,C00� The College will honor their generosity in the new facility. https://www.fl<cc.edu/2018/08/new-upper-Keys-center-on-the-horizo o,,,�,,, o� ��„ r QMt�G4:r 6-..V�7V C.25.a "This is just the first step in a process that began too long ago for many to remember.. Nonetheless, it is a very important step as we ac.<uire the title to this property that will become the higher education location for the Upper Keys," said Cyr. Jonathan Gueverra, FKCtCt President.. "Residents in this area have been starved for a duality facility for far too long. Working with everyone in our community,this Center will soon he :l reality. The College will offer the much ne d d programs,to support the local economy while increasing access for local residents and i.eepind tuition at affordable rates." The College plans to expand four existing programs in the Upper Keys: nursing, emergency medical technician,an, marine environmental technology, and public safety(law enforcement and corrections, academies). In addition, the College plans to develop new programs at the facility includina� marine resource management, paramedic, pharmacy technician, phlebotC'my, and construction technc lames. f KCCt is exploring a variety of opportunities—public and private to secure the estimated 20 million needed to construct the new facility.. Those interested in mai.ind a financial contribution to support FKCC's new Upper Keys Center are asked to contact Cyr. � Frank V`U«ocf, Vice President of Advancement and Ex-c;utive Director of the kKCC:` Foundation, at 305..809-3287 or frank.wood @.fkcc.edu. 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Q _ iss i; 'r s 'I II i; I sAaM asddn - (m-qo) sAam emiou sui j® 969noo sul) U01Musssad 0 'aa :4u8wg3B44V �� o L) c� a (D >ILM utal O mon.. t4-0 � . l m C= U) 0 A" O 4-0 I ` r� J cm cm -0 U) (D E O O N M C W W s LL tU O O LM 4-0 J ` tU } 0� U) Q oo U C.25.c Agreement This Agreement is made and entered into this 191h day of February 2020, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or"County," and The College of the Florida Keys, hereinafter referred to as "CFK." WHEREAS, for over 50 years the CFK has proudly served the higher education, workforce, and the continuing education needs of Monroe County and beyond; and WHEREAS, CFK made a historic step in its goal to expand services in northern Monroe County by the acquisition of a 2.12 acre Key Largo property which will enable the expansion of four existing programs, developing new programs and allowing the College to double its capacity in the northern Monroe County area; and WHEREAS, it is a legitimate public purpose to provide higher education and workforce training , services at a quality facility for the residents and industries in northern Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING AND SCOPE OF WORK 0 1. AMOUNT OF AGREEMENT. The Board, in consideration of the CFK substantially and satisfactorily performing higher education and workforce training services for the residents and industries of Monroe County, Florida, as provided for in this Agreement, shall reimburse CFK no 0 more than FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00), with $250,000 for fiscal year 2020 (2/19/2020 thru 9/30/2020) and $250,000 for fiscal year 2021 (10/1/2020 thru 9/30/2021), for the CFK's expenditures for the building of the Upper Keys Center located in Key Largo (MM 106.4) on the Overseas Highway, as billed by CFK. 2. AGREEMENT PERIOD. This agreement is for the period of February 19, 2020 through September 30, 2021 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 8, 13 or 14 below. The project work described in Exhibit A must commence within the agreement period funded which is February 19, 2020 to September 30, 2021. Proof that the project commenced within the agreement period funded may be requested by the County. 3. SCOPE OF AGREEMENT. CFK 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. U CD All work for which funds, no more than $250,000, are to be expended in FY2020 must be completed by the stated termination date of September 30, 2020 and all invoices pertaining to this project shall be submitted to the Office of Management and Budget no later than October 10, 2020 to be considered for payment. All work for which funds, no more than $250,000, are to be expended in FY2021 must be completed by the stated termination date of September 30, 2021 and all invoices pertaining to this project shall be submitted to the Office of Management and Budget no later than October 10, 2021 to be considered for payment. Acknowledgement: CFK shall be required to permanently display and maintain at CFK's expense, public acknowledgement of the support of Monroe County in a publicly prominent area of their facility in the following form: "This project was made possible with the financial support of Monroe County." If the CFK has already complied with this requirement through previous funding, 1 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet jPg. 705 The College of the Florida Keys(CFK) C.25.c 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 designated by the CFK to acknowledge receipt of goods or work performed. This Project Manager shall be jf (.) b.) If, and to the extent that, CFK contracts for any of the work funded under this agreement to be performed or completed, CFK 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 the CFK contract the work and then decrease the scope of work to be performed by a contractor, CFK shall provide County with an amended contract executed by CFK and its contractor. (i) CFK is a political subdivision of the State of Florida and 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 U in the file three 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" CFK, 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: httl s:llwwvw, nc l rc e c��r t�9 W tl. ov/DOCLIrnent enter/View/1915 / UR HA III G—POI I Y--0 - 17a1 c.) CFK shall exercise good internal controls to assure that the capital project 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 ®I 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. 4. AMOUNT OF AGREEMENT AND PAYMENT. The COUNTY shall provide an amount not to exceed $500,000.00 (FY2020, $250,000; FY2021, $250,000) for materials and services used for the building of the Upper Keys Center. Reimbursement request must show that CFK has paid in full for materials and services relating to the segment prior to seeking reimbursement. Payment shall be 100% reimbursement of the total cost of the segment, subject to the cap on expenditures `V for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners assume no liability to fund this agreement for an amount in excess of$500,000.00. 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 CFK upon presentation of Application for Payment Summary, invoices, canceled checks, before and after pictures, County Project Manager signature of inspection and other documentation necessary to support a claim for 2 FY2020&FY2021 Capital Project Funding Upper Keys Center The College of the Florida Keys(CFK) Packet Pg.706 C.25.c reimbursement and as acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Included in said documentation shall be proof that the CFK 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 County. It shall be necessary for the CFK to contact the County Engineering Division (Steven Sanders- phone: 305-295-4338 email: Sanders-Steven& onroeCounty- l.gov or Cary Knight- phone: 305- 292-4416 email: Knight-Cap/ MonroeCaunty- l.gav) and to arrange for inspection upon the completion of each segment. It shall be the responsibility of the CFK's project manager to initiate the communication with the Monroe County Engineering Division to facilitate the ca 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 FY2020 payment requests must be submitted to the Office of Management and , Budget (OMB) no later than October 10, 2020. Invoices received by the OMB after October 10, 2020 will not be considered for payment. • All FY2021 payment requests must be submitted to the Office of Management and Budget (OMB) no later than October 10, 2021. Invoices received by the OMB after October 10, 2021 will not be considered for payment. b.) The CFK's 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 a, 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. 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 a capital project agreement, CFK shall comply thereafter with such increased requirements, or further funding under the agreement may be terminated by County. �I d.) Upon successful completion of this agreement, the CFK may retain ownership of the real and personal property acquired and/or improved with funding under this agreement. However, the CFK shall maintain, preserve, and operate the property which was acquired or improved under this agreement for the uses and purposes which qualified the CFK for the funding of the capital project. CFK shall complete and sign a Property Reporting Form upon request for personal property and forward said completed form to OMB. Real property acquired or improved through funding under this agreement shall remain dedicated for the purposes set forth herein or for other purposes of SAMH services and ownership of said property shall be retained by the CFK. The following terms shall apply: cv (i) The CFK shall have the use of the property, including both real and personal, acquired with funding under this agreement, at the project site for so long as the facility is operated by CFK, open to the public, and has a primary purpose of providing higher education,workforce, and continuing education needs. At such time as any of the conditions in the preceding sentence shall cease to exist, the CFK shall transfer ownership and possession of equipment and personal property to a local government or another not-for-profit organization for which higher education, workforce, and continuing education needs may be used, with prior approval from the County. 3 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.707 The College of the Florida Keys(CFK) C.25.c (ii) At any time that the CFK: (a) elects to stop the project or otherwise decide not to place into service for higher education, workforce, and continuing education purposes, the facility acquired, constructed, or renovated with County funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of providing higher education, workforce, and continuing education needs, CFK shall, pursuant to the formula set forth hereafter, refund to the County the funding. This provision shall survive the termination date of all other provisions of this contract for a period of ten years. ca Should the demolition, transfer of ownership, or change to a non- SAMH related purpose occur, the amount of refund shall be pro- rated based on a useful life of ten (10) years. (iii) The CFK is responsible for the implementation of adequate , maintenance procedures to keep the real and personal property in good operating condition. (iv)The CFK 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. RECORDKEEPING 0 5. RECORDS AND RIGHT TO AUDIT. CFK shall maintain all books, records, and documents °' directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CFK pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CFK shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CFK. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred cv to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The right to audit provisions survives the termination of expiration of this Agreement. 4 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.708 The College of the Florida Keys(CFK) C.25.c In addition, if CFK is required to provide an audit as set forth in in Section 8(e) below, the audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. a.) Public Access. The County and CFK shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CFK in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by CFK. 6. 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 CFK and their respective legal representatives, successors, and assigns. , 7. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the CFK 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 CFK 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. 8. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the CFK 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 County to terminate this agreement immediately upon delivery of written notice of termination to the CFK. 9. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The CFK 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. cv 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 the 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. 5 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.709 The College of the Florida Keys(CFK) C.25.c 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 (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 (collectively claims) arising directly or indirectly from any negligence, wrongful acts or omissions or criminal conduct on the part of contractor in the performance of the terms of this agreement. The contractor shall immediately give notice to the County of any suit, claim or action made against the contractor that is related to the activity under this agreement and will cooperate with the County in the ca investigation arising as a result of any suit, action or claim related to this agreement. d.) Insurance. Contractor agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the contractor and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought , against the contractor for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by contractor of the obligations set forth in this agreement. The following coverages shall be provided: 1. Workers' Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence for bodily injury, personal injury and property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The contractor agrees that the County shall be named as additional insured on insurance policies, except workers'compensation. The policies shall provide no less than 30 days' notice of cancellation, non-renewal or reduction of coverage. At all times during the term of this agreement and for one year after acceptance of the project, contractor shall maintain on file with the County a certificate of insurance showing that the �I aforesaid insurance coverage is in effect. e.) Licensing and Permits. Contractor 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. 10.HOLD HARMLESS/INDEMNIFICATION. The CFK hereby agrees to indemnify and hold harmless the County or any 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 cv the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this agreement. The CFK shall immediately give notice to the County of any suit, claim or action made against the County that is related to the activity under this agreement and will cooperate with the County 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 CFK 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 6 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.710 The College of the Florida Keys(CFK) C.25.c 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. ca 11.NONDISCRIMINATION. The COUNTY and CFK 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. The COUNTY and , CFK 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 42 USC 3601 et se g ( §§ q.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 12.ANTI-KICKBACK. The CFK 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 has any interest, financially or otherwise, in the said funded project, except for general membership. 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. cv 13. TERMINATION. This agreement shall terminate on September 30, 2021. 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 CFK. The County may terminate this agreement without cause upon giving written notice of termination to CFK. The County shall not be obligated to pay for any services or goods provided by CFK after CFK has received written notice of termination. FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.711 The College of the Florida Keys(CFK) C.25.c 14. TERMINATION FOR BREACH. The County 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 CFK shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. 15. 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 CFK and the County. ca 16. 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 CFK 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 CFK 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. �I c.) Attorney's Fees and Costs. The County and CFK 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 v, 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 CFK agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CFK and County staff shall try to resolve the claim cV or dispute with meet and confer sessions to be commenced within 30 days of the dispute or claim. 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. Any claims or dispute that the parties cannot resolve shall be decided by the E Circuit Court, 161h Judicial Circuit, Monroe County, Florida. 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 CFK 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 CFK specifically agree that no 8 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.712 The College of the Florida Keys(CFK) C.25.c party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. 17. ETHICS CLAUSE: CFK 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 County 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 CFK warrant that, in respect ca 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 CFK 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 CFK 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 limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. 18. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an _I agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document CFK warrants that it is in compliance with this paragraph. 19. AUTHORITY: CFK warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the CFK cV below certifies and warrants that the CFK's name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for the CFK; and this agreement has been approved by the Board of Directors of CFK or other appropriate authority. E 20. LICENSING AND PERMITS: CFK 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. 21. INSURANCE: CFK agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the CFK and the County from any suits, claims or actions brought 9 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.713 The College of the Florida Keys(CFK) C.25.c by any person or persons and from all costs and expenses of litigation brought against the CFK for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by CFK of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, CFK shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverages shall be provided: 1. Workers' Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 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 CFK agrees that, the County 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. CFK shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: 0 • Original Certificate of Insurance, OR • Certified copy of the actual insurance policy, OR o 0 0 • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at (305) 295- 3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik-MarlaQMonroeCounty- L. ov An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the Monroe County BOCC is the Certificate Holder and additional Insured for this contract (certificate only for workers' compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management o P.O. Box 1026 0 Key West, FL 33041 22. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand- delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: cv For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For College of the Florida Keys Jonathan Gueverra, Ed.D., President The College of the Florida Keys 5901 College Road Key West, FL 33040 10 FY2020&FY2021 Capital Project Funding Upper Keys Center PaCket,Pg.714 The College of the Florida Keys(CFK) C.25.c 23. CLAIMS FOR FEDERAL OR STATE AID. CFK 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 24. 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 ca 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. 25. 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 CFK agree that neither the County nor the CFK 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. 26. ATTESTATIONS. CFK 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. 0 27. FORCE MAJEURE. The CFK 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 _I 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 CFK 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 County shall have the right to determine if there will be any reduction to the amount of funds due to the CFK 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 the County, the CFK must furnish evidence of the causes of such delay or failure. County shall not cV 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 E 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 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. 11 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.715 The College of the Florida Keys(CFK) C.25.c 30. MISCELLANEOUS: As used herein, the terms "contract" and "agreement' shall be read interchangeably. 0 0 0 0 0 0 0 0 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] 0 0 0 �I 0 0 0 0 cv cv 0 12 FY2020&FY2021 Capital Project Funding Upper Keys Center Packet,Pg.716 The College of the Florida Keys(CFK) C.25.c In WITNESS 'WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAS.) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MAD OK, CLERK OF MONROE COUNTY, FLORIDA By By Deputy ClerkMayor/Chairman The College of the Florida Keys 1 6 o (Federal"- .. p resident The College of the Florida Keys Q) 0 TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) � State of }, y�A- County of `' u,i, f r- This instrument was acknowledged before me, by means of Q`fphysical presence or 0 online notarization„ this day of ' ' - t° (month), AO;.Q (year), ca b (name of officer or agent, title of � officer or agent)of`I 'i '�" ..� .J (name of entity).. ~ Personally Known Produced Identification; Type of ID and Number on ICE (SEAL) Signature of otary ry Publtc State of€Wide � F X.oleata N tn o, s Notary Public, State of 13 FY2020&FY2021 Capital Project Funding Upper Keys Center The College of the Florida Keys(CFK) Packet Pg.717 C.25.c CIO E ° c o o o o =E o E � o � o vi v o o .c 0-_ � � � vc a>' ;c 0 ------_---------_.__...___.____-___-_------__-------____--___-___.,._.____-a_ ........ c o a ca ;c a m o LO c p LO O O O QO N O � O` a 6 Cd O O p w -vim (Y) LO U ¢. 3 aci r�� ` CD o E 0 c .0 L : O ° C 'Q O tip S2 E M O N p � . ` � 4- FL �� ; ► V AR�00 E Q� Q ` Z E a c L L C U .� .07 o 0 ` E � U LU o N NC: n Au w CL� y C E O oC O -F- 0 u_ uP to h .: O O O cv Z � � �- C: O cv W c C E O r) a >- _0 , Q Q :D V N cn N x N p p N O O O 0 ZZ ZZa c v) o � LL cn � � � � u, FY2020&FY2021 Capital Project Funding Upper Keys Center The College of the Florida Keys(CFK) 14 Packet Pg.718 C.25.c ATTACHMENT B SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in 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 County officer or employee." �.4 "" n Date: 0 W TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of �i County of r`l� on EQe- This instrument was acknowledged before me, by means of ©'physical presence or ❑ online notarization, this J-M� day of (month), 9,Q (year), by r"e-iCP Cf f (name of officer or agent, title of officer or agent)of-f C '- '.e- P -i # (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (SEAL) w. a klv, Signature of otary E Na (v all,�f aztPrinted) y ornmission GG 282091 3 Expites 1210512022 No 15 FY2020&FY2021 Capital Project Funding Upper Keys Center The College of the Florida Keys(CFK) Packet Pg.719 C.25.c ATTACHMENT C DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance wit Florida Statute 287.087 hereby certifies that: (Name of Business) .� 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). ' 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the c, statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify th th" rr )� Ily with the a ve requirements. 0 210 t r -T _ o ca Date: TO BE COMPLETED BY NOTARY(in accordance with State notary requirements) State of E I®V i CQ FL County of M01,1r0e, This instrument was acknowledged before me, by means of aphysical presence or❑ online notarization,this day of 1---'[�Vun N(month), a f (year), by (ire �ey, (name of officer or agent,title of officer or agent)of JiV U)I e0l e C !(name of entity). Personally Known Produced Identification: Type of ID and Number on ID Signature of N try NatarMfVratl ' e°t''(r Rachel X Or za No r Issm 2820 1 + 1e9 -- 16 FY2020&FY2021 Capital Project Funding Upper Keys Center The College of the Florida Keys(CFK) Packet Pg.720 C.25.c ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not o submit bids on leases of real property to public entity,may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 0 have read the above and state that neither , 1/ea�1!21Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last 36 months._--..-,-,_ f y Date: 0 0 0 0 m U 0 TO BE COMPLETED BY NOTARY(in accordance with State notary requirements) State of P1 0 rl d County of 0V) Y'OL°. 0 This instrument was acknowledged before me, by means of IRphysical presence or❑ online notarization,this i ' da of b,-VI M o y (month), .�0} (year), byr C.`£'- (name of officer or agent,title of officer or agent)of` I I t' I e Or 44,_rto � I.((name of entity). a� Personally Known U Produced Identification: Type of ID and Number on ID (SEAL) - N U- Signature of Not ry m Na p tart' a " E Rachel x O 4 c 28209 r Not l J rep t?JC► 17 FY2020&FY2021 Capital Project Funding Upper Keys Center The College of the Florida Keys(CFK) Packet Pg.721