Item D04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 16, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an Agreement with Pigeon Key Foundation to develop an
Amenity Center in an amount not to exceed $11,250.00, DAC III, FY 2000,
Third Penny.
ITEM BACKGROUND:
TDC to approve same at their meeting of March 14, 2000.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2000 budget at their meeting of September 22, 1999.
STAFF RECOMMENDATION:
Approval requested
TOTAL COST: $11,250.00
BUDGETED: YES X
COST TO COUNTY: $11 ,250.00/TOURIST PAY
APPROVED BY: County Attorney L OMB/Purchasing~ Risk Managemen!l<
DIVISION APPROVAL:
c~~/
Lynda M. Stuart
(Type/print name)
To Follow:
DOCUMENTATION: Included: X
Not Required
Agenda Item #~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Pigeon Key Foundation
Effective Oate: 3/16/2000
Contract Purpose/Oescription: Approval of an Agreement with Pigeon Key Foundation to develop an
Amenity Center in an amount not to exceed $11,250.00, DAC III, FY 2000, Third Penny.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Oepartment)
For BOCC meeting on 3/16/2000
Agenda Oeadline:3/1/2000
Contract Costs
Total Oollar Values of Contract: $11,250.00 Current Year Portion: $
Budgeted? Yes -1L- No Account Codes: 119-79040-530460-T09B162 X
Grant: $
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
AOOITIONAL COSTS
/yr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN CHANGES REVIEWER DA TE OUT
NEEDED?
Yes No
Oivision Oirector j2 Jl6Jc;r,) L/ --/h~~ d- k:::?5l uC
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Risk Management 2 /21/oc /' ' l ^ !0--l Z / ?"i / C"'-.:'
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COUF}ty Atto~ney R. /'J.t/O () ~ S. Hutton '-A /"A '+-/c/'(
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O.M.B./Pu chasing
(Final reviewer should return contract to originator)
Comments:
GRANT OF FUNDS
This AGREEMENT dated the day of , 2000, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter
"County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and the
Pigeon Key Foundation, a Florida not-for-profit corporation, hereinafter "Pigeon Key
Foundation."
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 museum open to the public:
NOW, THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Pigeon Key Foundation 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 March 16, 2000 through
September 30th, 2001. This agreementshall 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 Pigeon Key Foundation shall contract for such services ..
needed to develop an Amenity Center for tourists and walk-on visitors. Project shall
encompass replacing 40 year old water lines on Pigeon Key and running electric power to
amenity center for water fountains/vending machines, etc. The Pigeon Key Foundation shall
insure that the property 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 AGREEMENT AND PAYMENT. The County shall provide an amount not
to exceed $11,250.00 in reimbursement for the scope of services outlined above. The Board
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 Pigeon Key Foundation 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 BOCC.
4. REPORTS. The Pigeon Key Foundation 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 Pigeon Key Foundation 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 Pigeon Key
Foundation 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
TOC, the County, the State of Florida or authorized agents and representatives of said
government bodies. It is the responsibility of the Pigeon Key Foundation to maintain
appropriate records to insure a proper accounting of all funds and expenditures. The Pigeon
Key Foundation 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 Pigeon Key Foundation
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
Pigeon Key Foundation 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 Pigeon Key Foundation 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
Pigeon Key Foundation 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 Pigeon Key
Foundation.
8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Pigeon Key Foundation shall include in all contracts funded under this
agreement the following terms:
a) Anti-discrimination. The Pigeon Key Foundation 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) Authority. Each of the signatories for the firm below certifies and warrants that:
c) The firm's name in the agreement is the full name as designated in its corporate
charter, and b) they are empowered to act and contract for the Pigeon Key Foundation and c)
this agreement has been approved by the Pigeon Key Foundation Board of Directors.
d) Licensing and Permits. The Pigeon Key Foundation 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. If
9. HOLD HARMLESS/INDEMNIFICATION. The Pigeon Key Foundation hereby
agrees to indemnify and hold harmless the BOCCITDC 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 arising directly or indirectly under the
scope of this agreement.
J
1 O. ANTI-DISCRIMINATION. The Pigeon Key Foundation agrees that they will not
discriminate- against any of their employees or applicants for employment or against persons
for any benefit or service 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.
11. ANTI-KICKBACK. The Pigeon Key Foundation 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 TOC has any interest, financially or otherwise, in Pigeon Key Foundation,
except for general membership in Pigeon Key Foundation. 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.
12. 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 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 Pigeon Key Foundation. The County shall not be obligated to pay for any services or
goods provided by the Pigeon Key Foundation after the Pigeon Key Foundation has received
written notice of termination.
13. 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 Pigeon Key
Foundation 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.
14. 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 Pigeon Key Foundation and the
County.
15. CONSENT TO JURISDICTION. This agreement, its performance, and 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.
16. 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.1 0-1990 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.
17. "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
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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 TVVO for a period of 36 months from the date of being placed on the
convicted vendor list."
18. NOTICE. Any written notice to be given to either party under this agreement or
related hereto shall be addressed arid delivered as follows:
..,.
,
For Pigeon Key Foundation: Ms. Kathleen Wiljanen
Pigeon Key Foundation
P.O. Box 500130
Marathon, Florida 33050
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
:"
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
Pigeon Key Foundation
By:
By:
~
Secretary
President
4