Loading...
05/18/2000 Agreement Dannp 1.. !tolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAmON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 MEMORANDUM CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 DATE: June 2, 2000 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant Pamela G. Hanc~~ . Deputy Clerk (J FROM: At the May 18, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of a Grant of Funds Agreement between Monroe County and Mel Fisher Maritime Heritage Society Inc., for the 200 Greene Street - acquisition, repair and improvement, Phase 1 project in an amount not to exceed $65,000, DAC I, FY 2000, Third Penny. Attached are two (2) duplicate originals of the above for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator wlo documents County Attorney Finance-K. Hanna File fiLED FOR RECORD 00 JUN -2 AH II: 32 GRANT OF FUNDS OA~lY L. f{OLHAf.c -fA . HOIIROl'c81R. q:... This AGREEMENT dated the JK day Of~, IS entered ,n~JI~f aiJ~. between the SOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and the Mel Fisher Maritime Heritage Society, Inc., a Florida not-for- profit corporation, hereinafter "Mel Fisher Maritime Heritage Society, Inc.." WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, or promote museums which are publicly owned and operated or owned and operated by not-for profit corporations, and WHEREAS, the County and TDC have determined that it is in the best interest of the County, for purposes of promoting tourism and preserving the heritage of the community, to repair and rehabilitate the premises of the property for use as a mu~eum open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Mel Fisher Maritime Heritage Society, Inc. and the County have entered into this agreement on the terms and conditions as set forth below. 1. CONTRACT PERIOD. This agreement is for the period May 18, 2000 through September 30th, 2001. 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 and 13 below. 2. SCOPE OF AGREEMENT. The Mel Fisher Maritime Heritage Society, Inc. shall contract for and obtain such services as is necessary for the 200 Greene Street - Acquisition, Repair and Improvement, Phase 1; Historic Structure Report on the building, which is required to start the grants process for renovation funds, and for partial closing costs for the building purchas~.:~rMaritime Heritage Society, Inc. shall insure that the properfy shall be used as a museum open to the public by entering into such restrictive covenants, leases, and other contracts as are necessary to effect this purpose. 3. AMOUNT OF AGREEMENTAND PAYMENT. The County shall provide an amount not to exceed $65,000 in reimbursement for materials and services used to rehabilitate, repair and renovate the property. The Soard of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Payment shall be made through reimbursement to Mel Fisher Maritime Heritage Society, Inc. upon presentation of invoices, canceled checks and other documentation to support a claim for reimbursement, such documentation being subject to requirements of the County's Finance office. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the SOCC. Mel Fisher Maritime Heritage Society, Inc. Special Capital Project Funding FY 2000 1 4. REPORTS. The Mel Fisher Maritime Heritage Society, Inc. shall provide financial reports in summary of activities related to this agreement on a quarterly basis. If the agreement extends beyond the end of the fiscal year (September 30th, 2001), the Mel Fisher Maritime Heritage Society, Inc. shall provide a report summarizing the total anticipated expenditures against this agreement on or before September 30, 2001. Said report shall be provided to the Monroe County Tourist Development Council Administrative Office no later than August 30th, 2001. The Mel Fisher Maritime Heritage Society, Inc. shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of the Mel Fisher Maritime Heritage Society, Inc. to maintain appropriate records to insure a proper accounting of all funds and expenditures. The Mel Fisher Maritime Heritage Society, Inc. 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. In the event of an audit exception, the current fiscal year grant award or subsequent grant awards will be offset by the amount of the audit exception. In the event the grant is not renewed or supplemented in future years, the Mel Fisher Maritime Heritage Society, Inc. will be billed by the County 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. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Mel Fisher Maritime Heritage Society, Inc. 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 Mel Fisher Maritime Heritage Society, Inc. 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. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the Mel Fisher Maritime Heritage Society, Inc. shall abide by all statures, 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 contract immediately upon delivery of written notice of termination to the Mel Fisher Maritime Heritage Society, Inc.. Mel Fisher Maritime Heritage Society, Inc. Special Capital Project Funding FY 2000 2 8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS AGREEMENT. The Mel Fisher Maritime Heritage Society, Inc. shall include in all contracts funded under this agreement the following terms: a) Anti-discrimination. The Mel Fisher Maritime Heritage Society, Inc. agrees that they will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. b) Anti-kickback. Contractor warrants that no person has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee and that no employee or officer of the Mel Fisher Maritime Heritage Society, Inc. has any interest financially or otherwise, in Contractor. For breach or violation of this warranty, the Mel Fisher Maritime Heritage Society, Inc. shall have the right to annul this contract without liability or, in its..- discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding for this contract is available at least in part through the County and that violation of this paragraph may result in the County withdrawing funding for the Mel Fisher Maritime Heritage Society, Inc. project. c) Hold Harmless/Indemnification. The Mel Fisher Maritime Heritage Society, Inc. shall determine extent of coverage and include in contracts that standard design/construction hold harmless/indemnification provisions that will protect the Mel Fisher Maritime Heritage Society, Inc., the County an the TDC from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses, etc. arising directly or indirectly from any negligence, errors, omissions or criminal conduct on the art of the Contractor and any Subcontractors in the performance of the terms of any contracts resulting from the funding provided by the County and any activities on County property. d) Insurance. The Mel Fisher Maritime Heritage Society, Inc., the Contractor and Subcontractors shall be required to provide any types of insurance and limits of such insurance that will further protect the Mel Fisher Maritime Heritage Society, Inc., the County and the TDC from the actions/inaction's of the Contractor and any Subcontractors in the performance of the terms of any contracts resulting from the funding provided by the County. The Mel Fisher Maritime Heritage Society, Inc., the County and the TDC shall be named as additional insureds where appropriate and the Monroe County Risk Management shall be provided copies of all certificates of insurance upon execution of any contract and upon renewal of the Contractor's insurance. Mel Fisher Maritime Heritage Society, Inc. Special Capital Project Funding FY 2000 3 e) Authority. Each of the signatories for the firm below certifies and warrants that the firm's name in the agreement is the full name as designated in its corporate charter and that they are empowered to act in contract for the Mel Fisher Maritime Heritage Society, Inc.; and that this agreement has been approved by the Mel Fisher Maritime Heritage Society, Inc. Board of Directors. 9. LICENSING AND PERMITS. The Mel Fisher Maritime Heritage Society, Inc. 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 HARMLESSIINDEMNIFICATION. The Mel Fisher Maritime Heritage Society, Inc. hereby agrees to indemnify and hold harmless the BOCC/TDC 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 0(- judgments arising directly or indirectly under the scope of this agreement. 11. ANTI-DISCRIMINATION. The Mel Fisher Maritime Heritage Society, Inc. agrees that they will not discriminate against any of their employees or applicants for employment or against persons for any benefit or service because oftheir 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. 12. ANTI-KICKBACK. The Mel Fisher Maritime Heritage Society, Inc. warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC has any interest, financially or otherwise, in Mel Fisher Maritime Heritage Society, Inc., except for general membership in Mel Fisher Maritime Heritage Society, Inc.. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 13. TERMINATION. This agreement shall terminate on September 30,2001. 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 the Mel Fisher Maritime Heritage Society, Inc.. The County shall not be obligated to pay for any services or goods provided by the Mel Mel Fisher Maritime Heritage Society, Inc. Special Capital Project Funding FY 2000 4 Fisher Maritime Heritage Society, Inc. after the Mel Fisher Maritime Heritage Society, Inc. has received written notice of termination. 14. TERMINATION FOR BREACH OF AGREEMENT. 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 the Mel Fisher Maritime Heritage Society, Inc. 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 Mel Fisher Maritime Heritage Society, Inc. and the County. 16. CONSENT TO JURISDICTION. This agreement, its performance, cirid all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. 17. ETHICS CLAUSE: Provider warrants that he/it has not employed retained or otherwise had act on his/its behalf any former COUNTY office or employee in violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer of employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of the provision the COUNTY may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract 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. 18. "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 submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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." 19. NOTICE. Any written notice to be given to either party under this agreement or related hereto shall be addressed and delivered as follows: Mel Fisher Maritime Heritage Society, Inc. Special Capital Project Funding FY 2000r 5 For Mel Fisher Maritime Heritage Society, Inc.: Madeleine Burnside Ph.D. Mel Fisher Maritime Heritage Society, Inc. 200 Greene Street Key West, FL 33040 For County: Lynda Stuart Monroe County Tourist Development Council P.O. Box 866 Key West, FL 33041 and Suzanne Hutton, Asst. County Attorney 310 Fleming St. Key West, FL 33040 , . '1N--\NITNESS WHEREOF, the parties hereto have caused this agreement10 be /' e,xecuted t~ day and year first above written. " " , 'J'" " , #>';" '" AL} , " \.,~Esr: D~,' NY L KOLHAGE, CLERK "" . ~ ~~ . Duty CIeri< BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA cS'~-F~ By: Mayor/Chair an Mel Fisher Maritime Heritage Society, Inc. By: 't;~~~k President Mel Fisher Maritime Heritage Society, Inc. Special Capital Project Funding FY 2000 6 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCl Administration Instruction #4709.2 88 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl Administration Instruction #4709.2 81 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) ",< If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl Administration Instruction #4709.2 54 Jun-Ol-OO Ol:54P P k Management DATE: , 5 295 4364 P.02 U[ [W!~I!~K~W[ST' May 3 t 2000 TO: Wayne Robertson. Risk Management FROM: RE: Maxin Pacini, Administrative Assistant AGRE ME NT WITH MEL FISHER MARITIME HERITAGE SOCIE t INC. As previously discuss d the above mentioned agreement with Mel Fisher Maritime Heritage So iety, rnc. is for the acquisition of 200 Greene Street. After discussion we d cided that no insurance was necessary for this project. Pfease provide your a provar to the County Clerks office in writing so that they may complete th execution of the agreement. If you should have an questions, please do not hesitate to call. Thank you. 'S40r, N RUD".vdL Blvcl SUJ(C: 1()1 P.O Box tl6..i K~y \V~;t. Fk,ndil })041 LJ.S.A, {:50'>ll!)(;-I">')1 F.1X: (:.051 291H17tHl hL fl:/ltl.H(.~rs.t"Om KE'VSS.JtoI.ES@:A()I..COM ':')( ~(--J L / / I / i (