Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Mceting Date:
Mav 17. 182000
Division:
Public Works
Bulk Item: Yes ~ No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Authorization for Mayor to execute the Structure Placement Agreement
for the Pavilion Shelter at the Key Largo Community Park.
.
ITEM BACKGROUND: The BOCC at their April 19, 2000 meeting authorized the donation for the
installation of a 28' X 40' pavilion shelter at the Key Largo Community Park by the Keys Children
Foundation Inc. of Ocean Reef, in cooperation with the Upper Keys YMCA.
.
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PREVIOUS RELEVANT BOCC ACTION: On April 19, 2000, BOCC authorized 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. Estimated value $45,000.
STAFF RECOMMENDATION: Same as noted above.
TOTAL COST:
N/A
BUDGETED: Yes
Account #
N/A
NO
Cost to County: N/ A
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
APPROVED BY:
OMB/Purchasing _ Risk Management
cc
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S/3/00
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included ~ To follow
Not required
DISPOSITION:
AGENDA ITEM #
r -UC[
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
.CONTRACT SUMMARY
Contract #
Contract with:Keys Children Foundation. Effective Date: 04/19/00
Inc.
Expiration Date:
Contract Purpose/Description: The Donation and Installation of a 28' X 40' pavilion shelter at
the Key Largo Community Park.
Contract Manager:Ann Mytnik
(Name)
4431
(Ext. )
Facilities Maintenance
(Department)
for BOCC meeting on 05/17/00
Agenda Deadline: 05/03/00
CONTRACT COSTS
Total Dollar Value of Contract: $0.00 Current Year Portion: $
Budgeted? YesD No 0 Account Codes: _-_-_-_
Grant: $Donationapp. $45.000.00' _-_-_-_
County Match: $N/A _----+-_-_
- - -
----
Estimated Ongoing Costs: $N/ A/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(et!. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Chan~es ~
Date In Ne~d -./ ~e . · s-.I/)~
Division Director sl ~ 6\) Yesl3'No0 / ~ IC{{)
~anagement .$/3\00 YesDNo~, W"'j"""- \C-~ 5\3\<0
O.M.B!Pur~g 51~lco YesD No~ yMAA- . ~ d I,?I!J
.~)L:t/ CountyAttorneY0-S--00 YesDNo~. <--0 ~7~P S--C'~
(---' )commentJ1);t:'06 oAt at&W047 "'7 ";t"~:"'(r"'<1 ./6
Date Out
OMB Form Revised 9/11/95 MCP #2
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AGREEMENT FOR PLACEMENT OF STRUCTURe ON COUNTY PARK
THIS AGREEMENT doted the day of ,2000, is entered into by
and between the Boord 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
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publtc uSe; now, therefore
IN CONSIDERATION of the mutual covenants and promises contained hel"ein, 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 shah 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 c;osts incurred to complete a 28' x 40'
pavilion shelter pursuant to all pertinent codes and regulations. The amount is estimated to be
$45,000.
4. REPORTS. The Contractor shall provide monthly financial reports and narrative
reports of activity under the approved work plan. The Contraetor shall keep such records as are
necessary to document the performance of the agreement, expenses incurred. and payments
made. Contractor shall give acceSS to these records at the request of the County, the State of
Florida, or authorized agents and representatives of said government bodies. It is the
responsibility of the Contractor to maintain appropriate records to insure a proper accounting
of all funds and expenditures.
5. MODIFICATIONS AND AMENDMENTS. Any and 011 modifications of the terms
of this agreement shall be amended in writing and approved by ~th parties.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder. the
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this agreement shall be construed
as to find the Contractor or any of its employees. contractors. subcontractors. ser'vants or
agents to be employees of the Board of County Commissioners, CltId they shall be entitled to
none of the rights, privileges or benefits of employees of Monroe County.
7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement,
the Contractor shall abide by all statutes, ordinances, rules and regulatioh$ pertaining to or
regulating the provisions of this agreement, including those now in effect and hereafter
adopted Any violation of said statutes, orainances, rules or regulations shall eon:rtitute a
material breaeh of this agreement and shall entitle the County to terminate this contract
immediately upon delivery of written notice of termination to the Contractor. The Contractor
has sole responsibility far compliance with the County's procurement policies' for public
construction projects.
8. RESTRICTIONS ON CONTRACTS ENTERED' PURSUANT TO THIS
AGREEMENT. The Contractor sholl include in all contracts entered under this agreement the
following terms:
a) Anti-discrimination. Con~ractor 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 commerdal 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, Qr otherwise recover, the full amount of
any fee, commisSiort, percentage, gift, or consideration paid to the former Co~nty 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, e,.rors,
omissions or criminal conduct on the part of the Contractor and any Subcontractor in the
performance of the terlnS 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 os 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
contra<;t and upon renewal of the Contractor's insurance.
2
e) Authority. Contractor warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project hcrcm described, Each of the
signatories for thc Contractor below certifies and warrants that the Contractor's nalnc in this
agreement is the full name OS designated in its corporate charter (if a corporation): they are
cmpowered to act and contract for the Contractor, and this agreement has becn approved by
the Boord of Directors of Contractor or other appropriate authority.
f) Licensing and Permits. Subcontractor warrants that it shall hove, prior to
commencement of work under this agreement and at all times du"ing said work. all required
licenses and permits whether federal. state. County or City.
g) Liens. Contractor, its subcontractors, agents, servonts, employees and
materialmen are prohibited from filing liens of any kind against the real property known as Key
largo Community Park.
9. HOL.D HARMlESSIINDEMNIFICATION. The Contractor hereby agrees to hold
harmless and indemnify the County and any of its officers and employees from and against any
and 011 claims, liabilities. litigation. ccsuses of action, damages. costs, expenses, etc:. arising
directly or indirectly under this agreement. The Contractor sholl 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 nON. Contractor agrecs 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. notional 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. TERMINA nON. 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 ony time.
13. TERMINATION FOR BREACH OF AGREEMENT. The County may immediately
terminate this agreement for any breach of the terms contained herein. Such termination sholl
take effect immediately upon receipt of written notice of said fermination. Any waiver of any
breach of covenants herein contained to be kept and performed by the Contrac:tor shall not be
deemed or considered as a continuing waiver and shall not operate to bar or prevent the County
3
from declaring a forfeiture for any succeeding breach either of the some conditions or of any
other conditions.
14. ENTIRE AGREEMENT. This ggreement 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 9o~erned by the lows 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 addresscd and delivered as follows:
For County
County Attorney
502 Whitehead Street 3m Floor
Key West, FL 33040
For Contractor
Keys Children's Foundcrtion, Inc.
91500 Overseas ~ighway
Tavernier, FL 33070
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
A~5T: DANNY l. KOlHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
ArrEST:
CONTRACTOR
By
By
Title
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