Item E1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 17, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an Agreement with Florida Keys Wild Bird Center, Inc. for the
repair of the main visitor boardwalk in an amount not to exceed $21,000,
DAC IV, FY 2000, Capital Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of July 19, 2000
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2000 budget at their meeting of September 22, 1999.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $21,000
BUDGETED: YES
COST TO COUNTY: $21 ,OOO/TOURIST PAY
APPROVED BY: County Attorney ~ OMB/Purchasing X Risk Management~~'
DIVISION APPROVAL:
DOCUMENTATION: Included:
Lynda M. Stuart
(Type/print name)
X To Follow: Not Required
Agenda Item # HI
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Florida Keys Wild Bird Center
Effective Date:--8/17/00
Contract Purpose/Description: Approval of an agreement with Florida Keys Wild Bird Center, Inc. for the
repair of the main visitor boardwalk in an amount not to exceed $21,000, DAC IV, FY 2000, Capital Resources.
Contract Manager: Maxine Pacini
(Name)
X3523
( Ext)
Tourist Development Council
(Department)
For BOCC meeting on 8/17/2000
Agenda Deadline:8/2/2000
Contract Costs
Total Dollar Values of Contract: $21,000
Budgeted? Yes -2S- No
Grant: $
Current Year Portion: $ i-(Vv
Account Codes: 121-71 040-530.J4Q'-T01 M372X
121-71 060-5303tf0- T01 M373X
..rvt/
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
Iyr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
11-z.
CONTRACT REVIEW
DATE IN CHANGES REVIEWER DATE OUT
NEEDED?
Yes No
Division Director 1_/1.2/2(/ ~ ~~I/ '7 //;7 I .c:77
- -:/
Risk Management L/~ CO - ex ,LJ{~ ~~ LI ~c-I ~
I 111/0-0 /' ~Gk-? 0...)() t(~ I I (lieu
",C~ Attorney - 8. Huttel"l
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- '" ~ ,/ ~~ JX~ {;~u 1 /~ & / 6 LJ
O.M.B./Pu-~ sing UtlCO - - ---
(Final reviewer should return contract to originator)
Comments: 'f:xx-t.</(J'r'P1. 6 - f!P'"\~J ( LJ~/l ~ fy~~ l/'e j; L . cVfh--4 1'50 ( L c.."-,,f
f~ tJ'6 ~~ hi ()VlO
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
Florida Keys Wild Bird Center, Inc., a Florida not-for-profit corporation, hereinafter "Florida
Keys Wild Bird Center, Inc.."
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, improve, maintain, or promote nature centers
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 nature center open to the
public;
NOW, THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Florida Keys Wild Bird Center, 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 August 17, 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 Florida Keys Wild Bird Center, Inc. shall contract for
such services needed to repair and improve the main visitor boardwalk and handrails with
"Trex" recycled wood and polymer lumber. The Florida Keys Wild Bird Center, Inc. shall
insure that the property shall be used as a nature center 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 $21,000.00 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 Florida Keys Wild Bird Center, 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.
4. REPORTS. The Florida Keys Wild Bird Center, 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 Florida Keys Wild Bird Center,
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 Florida Keys Wild Bird Center, 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 Florida Keys Wild Bird
Center, Inc. to maintain appropriate records to insure a proper accounting of all funds and
expenditures. The Florida Keys Wild Bird Center, 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 Florida Keys VVild Bird Center, 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
Florida Keys Wild Bird Center, 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 Florida Keys Wild Bird Center, 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
Florida Keys Wild Bird Center, 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 Florida Keys Wild
Bird Center, Inc..
8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Florida Keys Wild Bird Center, Inc. shall include in all contracts funded
under this agreement the following terms:
a) Anti-discrimination. The Florida Keys Wild Bird Center, 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) 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 Florida Keys VVild Bird Center,
Inc. and c) this agreement has been approved by the Florida Keys Wild Bird Center, Inc.
Board of Directors.
d) Licensing and Permits. The Florida Keys Wild Bird Center, 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.
9. HOLD HARMLESS/INDEMNIFICATION. The Florida Keys VVild Bird Center, Inc.
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 oJ 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.
1 o. ANTI-DISCRIMINATION. The Florida Keys Wild Bird Center, 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.
11. ANTI-KICKBACK. The Florida Keys Wild Bird Center, 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 Florida
Keys Wild Bird Center, Inc., except for general membership in Florida Keys Wild Bird Center,
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.
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 Florida Keys Wild Bird Center, Inc.. The County shall not be obligated to pay for any
services or goods provided by the Florida Keys Wild Bird Center, Inc. after the Florida Keys
Wild Bird Center, Inc. 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 Florida Keys Wild Bird
Center, 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.
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 Florida Keys Wild Bird Center,
Inc. 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.
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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
services to a public entity, may not submit a bid on a contract with a p.ublic 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, supplieJ,
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."
18. NOTICE. Any written notice to be given to either party under this agreement or
related hereto shall be addressed and delivered as follows:
For Florida Keys Wild Bird Center, Inc.: Mr. Bruce Horn
Operations Manager
Florida Keys Wild Bird Center, Inc.
93600 Overseas Hwy.
Tavernier, FL 33070
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:
Mayor/Chairman
Deputy Clerk
(SEAL)
ATTEST:
Florida Keys Wild Bird Center, Inc.
By:
By:
President
Secretary
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