Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Aorill9. 20. 2000
Division:
Public Works
Bulk Item: Yes ~ No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Authorization for the Keys Children Foundation Inc. of Ocean Reef to
donate and install at their full expense, a 28' X 40' pavilion shelter at the Key Largo Community Park.
ITEM BACKGROUND: Upper Keys YMCA (Theresa Hendrix), in cooperation with the Keys Children
Foundation Inc. of Ocean Reef, have requested to donate and place upon Key Largo Community Park. a
28' X 40' pavilion shelter for Monroe County's children and residents. Pavilion will be designed by an
Architect and installed by a licensed contractor in Monroe County with overview by Monroe County
Public Works. Estimated value $45,000.
PREVIOUS RELEVANT BOCC ACTION: None on this item.
STAFF RECOMMENDATION: Same as noted above.
TOTAL COST:
NtA
BUDGETED: Yes N/A
Account #
NO
Cost to County: Nt A
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
~
Ie, Sr. Director, Public ~ ~ '
DMSION DIRECTOR APPROVAL: t2 ".
Dent Pierce, Division Director
OMBlPurchasing _ Risk Management
y /11 4>J
DOCUMENTATION: Included ~ Tofollow
Not required
AGENDA ITEM # _I - C-~
DISPosmON:
Ipper leis Famlll YMCA
(Located at the Italian Fisherman)
P.O. Box 2831
Key Largo, FL 33037
Phone 305-451-3122
Fax 305-451-3122
Email UpperKeysYMCA@ao1.com
April 01, 2000
Carlos Zarate
Director of Facilities Maintenance Department
Monroe County Public Works
3583 South Roosevelt Blvd
Key West, FL 33040
Dear Carlos,
I would like to request the permission of the county to pursue the actions needed on the shelter at
Key Largo Community Park.
The Keys Children's Foundation, Inc. of Ocean Reef will donate the money needed to build the
28' X 40' pavilion type shelter in the park. This is a much needed shelter for the park. This will
allow children and communities the opportunity to get out of the heat. The proposed shelter
would use the existing wall of the racquetball court with the roof matching the pitch of the wall.
Timothy J. Bricker, AIBD is the architect who drew up the plans for the shelter. He has done
drawings for the county before and knows the codes and regulations.
There are two contractors submitting bids for the shelter, Bob Holeman and Jim Hoefert.
The Keys Children's Foundation has already paid for the drawings.
Please advise me as to what I need to do to make this happen. The Keys Children Foundation
and I would like to see if this could be finished by the summer.
Sincerely,
~
-~cf:(~
Theresa Hendrix
Executive Director
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A~EN~-FGR--P!.AG-EMEN:r----GF-Sl'R\;IG1-URE-eN--eooN'Pf-PARK--..----
THIS AGREEMENT dated the day of , 2060, is entered into by
and between the Board of County Commissioners of Monroe County (hereinafter "County"), and
Keys Children's Foundation, Inc. (hereinafter "Contractor").
WHEREAS, the County owns Key Largo Community Park (hereinafter "Park"); and
WHEREAS, Contractor desires to donate and place in Park a 28' x 40' pavilion shelter for
public use; now, therefore
IN CONSIDERATION of the mutual covenants and promises contained herein, the
County and the Contractor have entered into this agreement on the terms and conditions as set
forth below.
1. CONTRACT PERIOD. This agreement shall commence on the date executed by
both parties, and shall remain in effect until the Pavilion Shelter has been completed, paid and
any and all liens or other debts incurred for the project have been paid and satisfied by
Contractor.
2. SCOPE OF AGREEMENT. The Contractor shall provide full funding for
construction, design and specifications and the actual capital improvements necessary to
complete a 28' x 40' pavilion shelter at Park. Contractor shall take all actions necessary to
insure that no liens of any kind are placed against the real property known as Key Largo
Community Park as a result of the work under this agreement.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide no funding
for this project. Contractor shall pay the entirety of all costs incurred to complete a 28' x 40'
pavilion shelter pursuant to all pertinent codes and regulations. The amount is estimated to be
$45,000.
4. REPORTS. The Contractor shall provide monthly financial reports and narrative
reports of activity under the approved work plan. The Contractor shall keep such records as are
necessary to document the performance of the agreement, expenses incurred, and payments
made. Contractor shall give access to these records at the request of the County, the State of
Florida, or authorized agents and representatives of said government bodies. It is the
responsibility of the Contractor to maintain appropriate records to insure a proper accounting
of all funds and expenditures.
5. MODIFICA TIONS AND AMENDMENTS. Any and all modifications of the terms
of this agreement shall be amended in writing and approved by both parties.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
Contractor 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 Contractor or any of its employees, contractors, subcontractors, servants or
agents to be employees of the Board of County Commissioners, 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 Contractor 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 contract
immediately upon delivery of written notice of termination to the Contractor. The County's
rocurement olicies for ublic construction projects are not a licable to Contract's
~rchases, except as specifically stated herein.
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8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Contractor shall include in all contracts entered under this agreement the
following terms:
a) Anti-discrimination. Contractor and Sub-contractor agree that they will not
unlawfully discriminate against any of its employees or applicants for employment because of
their race, color, religion, sex, national origin or disability. The Consultant must insert a
provision similar to this paragraph in any subcontracts awarded under this contract except
those for the purchase of commercial supplies and raw materials.
b) Anti-kickback. Contractor warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee subject to the
prohibition 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 contract without liability and may also, in 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 County officer or
employee.
c) Hold harmless/indemnification. Contractor shall determine and include:
Standard design/construction hold harmless/indemnification provisions that will protect the
Contractor, and the County 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 part of the Contractor and any Subcontractor 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. Contractor will be responsible for all necessary insurance coverage as
indicated by an X on the attached forms identified as INSCKLST, attached hereto as Exhibit C.
County shall be named as an additional insured where appropriate and the County Risk
Management shall be provided copies of all certificates of insurance upon execution of any
- - -c:ontraet-and-upon-renewaL-of-theContmctol"'sinsurance.
2
e) Authority. Contractor 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 Contractor below certifies and warrants that the Contractor'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 Contractor, and this agreement has been approved by
the Board of Directors of Contractor or other appropriate authority.
f) Licensing and Permits. Subcontractor 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.
g) Liens. Contractor, its subcontractors, agents, servants, employees and
materialmen are prohibited from filing liens of any kind against the real property known as Key
Largo Community Park.
9. HOLD HARMLESSIINDEMNIFICATION. The Contractor hereby agrees to hold
harmless and indemnify the County and any of its officers and employees from and against any
and all claims, liabilities, litigation, causes of action, damages, costs, expenses, etc. arising
directly or indirectly under this agreement. The Contractor shall immediately give notice to the
County of any suit, claim or action made against the Contractor or its subcontractors that are
related to the activity under this agreement, and will cooperate with the County in the
investigation of any suit, action or claim related to the design and/or construction activities
contemplated by this agreement.
10. ANTI-DISCRIMINA TION. Contractor agrees that it will not unlawfully
discriminate against any of its employees or applicants for employment or against any persons
for any benefit or service because of their race, color, religion, sex, national origin or disability.
11. ANTI-KICKBACK. Contractor warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee subject to the
prohibition 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 contract without liability and may also, in 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 County officer or
employee.
12. TERMINATION. This agreement shall terminate when the service project is
completed and paid in full. The County shall not be obligated to pay for any services or goods
provided by the Contractor at any time.
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 effect 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 Contractor shall not be
deemed or conslcered as a continuing waiver anasFialfrioToperate to bar or prevent the Courrry-__n
3
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 County and the Contractor.
15. CONSENT TO JURISDICTION. This contract is governed by the laws of the
State of Florida. Venue for any litigation arising under this contract must be in a court of
competent jurisdiction in Monroe County, Florida.
16. NOTICE. Any written notice to be given to either party under this agreement or
related hereto shall be addressed and delivered as follows:
For CountY'
County Attorney
502 Whitehead Street 3rd Floor
Key West, FL 33040
For Contractor
Keys Children's Foundation, Inc.
91500 Overseas Highway
Tavernier, FL 33070
17. AGENCY/ASSIGNMENT. Contractor may assign to YMCA of Greater Miami
("YMCA") its rights and obligations (other than payment per 11 3 above) hereunder, or may
designate YMCA as its agent to take any action(s) to be performed hereunder.
./
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals 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/Chairperson
(SEAL)
ATTEST:
KEYS CHILDREN'S FOUNDATION, INC.
By
By
Title
jdconkeyschildren
4