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FY1998 12/10/1997 _owe. .. flannp i. totfjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 13050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 MEMORANDMM TO: Division of Management Services c/o County Administrator Attn: Deanna Lloyd, Grants Manager FROM: Isabel C. DeSantis, Deputy Clerk 0,C,1), DATE: December 17, 1997 At the December 10, 1997 meeting, the Board granted approval and authorized execution of a Contract between Monroe County and the Historic Florida Keys Foundation, Inc. Attached hereto is a duplicate original of the document for your return to the Foundation. cc: County Attorney Finance ,/File FUNDS AGREEMENT THIS AGREEMENT is made and entered this iG day of I)g C 4 A/1 b , 1997, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB Wing II, Key West, FL 33040, herein4terrrrgerrqsgto as "COUNTY," and the Historic Florida Keys Foundation Inc., whose address is2l c Ey InfI, 2 510 Greene Street, Key West, FL 33040,hereinafter referred to as the"HISTORIC - _' o FOUNDATION." o -0 o WITNESSETH - c :'1 r o rn � - n WHEREAS, the COUNTY is in need of an implementing agency to develgp, coorditrn[e, and promote historic preservation in Monroe County, Florida and surrounding args; and cn 0 on WHEREAS, the HISTORIC FOUNDATION is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disperse funds to the HISTORIC FOUNDATION in accordance with the COUNTY'S budgetary procedures. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein,the COUNTY and the HISTORIC FOUNDATION agree as follows: Section 1. TERM- The term of this Agreement is from October 1, 1997, through September 30, 1998, the date of the signature by the parties notwithstanding,unless earlier terminated as provided herein. Section 2. SERVICE- The HISTORIC FOUNDATION will provide services to effectively meet the historic preservation needs in Monroe County, Florida and surrounding areas, specifically to provide property management, inter-governmental assistance, technical preservation services, and public education. Section 3. FUNDS -The total project budget to be expended by the HISTORIC FOUNDATION in performance of the services set forth in Section 2 of this agreement shall not exceed the total sum of$30,000. All funds shall be distributed and expended in accordance with the County's budgetary policies and procedures. Section 4. BILLING AND PAYMENT (a)The HISTORIC FOUNDATION shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated,describing the services rendered,the cost of the services, and all other information required by the Finance Director. The original invoice shall be sent to: Monroe County Finance Department 500 Whitehead Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the HISTORIC FOUNDATION Section 5. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the HISTORIC FOUNDATION after the HISTORIC FOUNDATION has received notice of termination. In the event there are any unused Funds, the HISTORIC FOUNDATION shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. Section 6. ACCESS TO FINANCIAL RECORDS/RECORDS - The FOUNDATION shall maintain appropriate financial records concerning funds received under this agreement and such records shall be open to the public at reasonable times and under reasonable conditions for inspection and examination. The FOUNDATION shall comply with generally accepted accounting principles in keeping the records of funds received and expended in connection with and pursuant to this agreement. Section 7. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested,and sent to: FOR COUNTY: FOR PROVIDER: Ms. Deanna Lloyd, Grants Manager Jack London Public Service Building Historic Florida Keys Foundation 5100 College Road 510 Greene Street Key West, FL 33040 Key West, FL 22041 Either of the parties may change, by written notice as provided above,the addresses or persons for receipt of notices. Section 8. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the FOUNDATION at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the FOUNDATION after the FOUNDATION has received notice of termination. Section 9. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement,the FOUNDATION shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances,rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the FOUNDATION. If the FOUNDATION receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. Section 10. ASSIGNMENTS AND SUBCONTRACTING -Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. Section I I. EMPLOYEE STATUS - Persons employed by the FOUNDATION in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation,unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. Section 12. INDEMNIFICATION - The FOUNDATION agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any-and-all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the FOUNDATION. Section 13. INSURANCE - The FOUNDATION shall, at its expense, maintain fire, extended risk, and liability insurance coverage on all real properties. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or furniture, fixtures, equipment or furnishings located on these properties. The FOUNDATION shall immediately notify the COUNTY of any erection or removal of any improvement on the real properties and any changes affecting the value of any improvements and shall make adequate changes in the coverage to reflect the changes in value. The liability insurance coverage shall be on a Medical Incident basis in amounts not to exceed $1,000,000/$3,000,000 for personal injuries under such liability policy. The FOUNDATION shall maintain for its staff, during the term of this agreement, liability insurance to cover any and all liability for claims, damages, or injuries to persons or property of whatsoever kind of nature arising out of activities caused by the negligent or wrongful act or omission of these participants, as such terms may be further defined herein or by administrative rule, while acting within the scope of his/her office or employment, pursuant to the provisions and limitations of section 768.28 Florida Statutes. Section 14. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof (b) Any alterations, amendment deletions or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. WITNESS WHEREOF, the parties to this Agreement have caused their names to be AffNeditereto by the proper officers thereof for the purposes herein expressed at Key West, Monroe County, Florida, on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By Qo104/ 0 Ly Byjt0U °gym Deputy Clerk Mayor! Pro Tern HISTORIC FLORIDA KEYS dt* ��,,�y"�" FOUN ON, INC. (Vitness cutive Director APPROVED AS TO FORM AND LECJAL SUFFICIEN BY NE/A,� Ui ON DATE ._ Ii-i /57 PUBLIC ENTITY CRIME STATEMENT All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287.133 F.S.): "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." SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Jack London 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 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 this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any f- > commission, percentage, gift, or consideration paid to the fort ty o Tice or employee. 41 „.,ii V 011 (signa ure D e�2/16/97 STATE OF Florida COUNTY OF Monroe Subscribed and sworn to (or affirmed) before me on 12/16/97 (date) by Jack London (name of afflant) . He/She is personally known to me or has produced as identification. ( type of identification) • w�`yyyy��um TEAAY LIMN LINOEAMAN 14e A, COMMWIOOV CC6!: • _ 1" " - /� eoHom rxau ( . , Fov r>• rtuanc eoNoiNc cowc NOTARY PUBLIC MC1114 REV. 2/92