Item F7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 18, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an Agreement with 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.
ITEM BACKGROUND:
TDC approved same at their meeting of May 3, 2000.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2000 budget at their meeting of September 22, 1999.
STAFF RECOMMENDATION:
Approval
TOTAL COST:$65,000
BUDGETED: YES
COST TO COUNTY: $65,000/TOURIST PAY
APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X
DIVISION APPROVAL: ~~ - -
Lynda M. Stuart
(Type/print name)
To Follow: Not Required
Agenda Item # a....F1
DOCUMENTATION: Included: X
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Mel Fisher Maritime Heritage Society, Inc. Effective Date: 5/18/2000
Contract Purpose/Description: Approval of an Agreement with 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.
Contract Manager: Maxine Pacini X3523 Tourist Development Council
(Name) (Ext) (Department)
For BOCC meeting on 5/3/2000 Agenda Deadline:5/18/2000
Contract Costs
Total Dollar Values of Contract: $65,000 Current Year Portion: $
Budgeted? Yes 1- No Account Codes: 117-77060-530340-T07M-345 X
Grant: $
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
/yr, For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN
CHANGES
NEEDED?
Yes No
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REVIEWER
DATE OUT
Division Director
1/ I~lo
Risk Management
lL/~ .Qo
County Attorney
7:J?, eft
O.M.B.lPurZtik~lng
q- 07/00
/
!L/JY/jJ / ~(/l{}vrr~
(Final reviewer should return contract to originator)
S. Hutton
Y- / c 7 / V'll
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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 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 museum
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 purchase. The Mel Fisher Maritime Heritage
Society, Inc. 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 $65,000 in reimbursement for materials and services used to
rehabilitate, repair and renovate the property. 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 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 BOCC.
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 HeTitage
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/lndemnification. 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 HARMLESS/lNDEMNIFICATION. 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 or --
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 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.
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, 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.
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 2000
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
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written.
(SEAL)
ATTEST:DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
Mel Fisher Maritime Heritage Society, Inc.
By:
By:
Secretary
President
Mel Fisher Maritime Heritage Society, Inc.
. Special Capital Project Funding FY 2000
6
[996 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.
Ifthe 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
ofInsurance, 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 [mancial statements from the fund
upon request from the County.
wel
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
8 t
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 minimwn:
· 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)
r<
If split limits are provided, the minimwn 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