Item D08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
OCTOBER 19,2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of Fishing event agreements for FY 2001 for events taking place
or ending prior to December 30, 2000, as per attached spreadsheet
totaling $24,000.
ITEM BACKGROUND:
In order to reduce the vast quantity of paperwork we request your approval
of the Fishing events outlined on the attached spreadsheet wherein the
amount of the agreement(s); the date(s) of the event(s); TDC approval; and
the Routing Checklists are provided.
PREVIOUS RELEVANT BOCC ACTION:
At the meeting of April 19, 1995 the BOCC approved TDC's reduction of
repetitive paperwork wherein TDC would provide a summary of event(s)
funding information. A boilerplate Fishing event agreement is attached for
your information. BOCC approved FY 2001 budget at their meeting of
September 21,2000.
STAFF RECOMMENDATION:
Approval requested.
TOTAL COST: $24,000
BUDGETED: YES
COST TO COUNTY: $24,000/TOURIST PAY
Lynda M. Stuart
(Type/print name)
DOCUMENTATION: Included: X To Follow:_Not Required
"\ ,(1- '
asingLRisk Managemen1X
APPROVED BY: County Attorney ~ OM
DIVISION APPROVAL:
~..Dg
en
....
z
w
>
w
o
z
-
J:
en
-
LL
~
o
o
N
>-
LL
o
o
o
N
...
o
(II')
...
(1)
.c
E
(1)
(.)
(1)
c
o
...
...
o
0':
a.
c:
0-
-c
c:
w
...
o
(1)
(.)
cu
-
a.
c:
0-
.:.::
cu
....
tn
...
c:
(1)
>
w
c
w
>
o
0::
c..
c..
<(
o
C
I-
o
o
o
N
CJ)
T""
())
c:
::J
"""J
I-
Z
:J
o
:E
<(
o
o
In
CO
EA-
0000
0000
0000
NNNN
.. - .. -
CJ)CJ)CJ)CJ)
T"" T"" T"" T""
()) ()) ()) ())
c: c: c: c:
::J ::J ::J ::J
"""J """J """J """J
0000
0000
OOlnO
- .. .. -
In In NC")
EA- EA- EA- EA-
o
o
o 00
g OOON
N OO~cO
00
~'NNcri'''7
,a - -,'<:t
"'lC")C")T""I'--T""
'- '- '- '- '- '-
()) ()) ()) ()) ()) ())
.0.0.0.0.0.0
E E E E E E
()) ()) ()) ()) ()) ())
> > () () () ()
o 0 ()) ()) ()) ())
zzoooo
W
I-
<(
C
<(
..J
..J
W
0::
m
:E
:J
(!)
Z
J:
en
u.
ctl
.~ -
- c:
(J) ())
~ E
()) ctl
OlE
ctl ::J
~ 0
(j)1-
I..c:
(J)
C:t+=
ctl==
() ctl
. i:: (/)
()) ctl
E-c
<( ctl
.....
c: 0
ctl E
.0 ctl
::J -
U!E.
()
. '(i)
c: (/)
..... ctl
::J-
oU
~..c:
..c:~
-~==
()) == ctl
:Ectl(/)
.- (/) 0
c:.....-
.- 0 0
:E--'c,
I c: .....
::J ::J
c:"""J<.9
ctl ctl
~-cC:
-ctlO
0.....,...,
o.oL...l
eE'"
-ctlo.
()) - ctl
:E!E.U
T""N C")'<:tln
o
o
o
...
-.::t
N
~
..J
<(
....
o
....
FUNDING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County, Florida, (hereinafter referred to as the "BOCC")
and (Organization/Entity).. (hereinafter referred to as "Event Sponsor");
WHEREAS, the umbrella organization under contract to the BOCC has
recommended to the Monroe County Tourist Development Council (hereinafter "TDC''),
which has endorsed the recommendation, that certain monies be allocated for promotion of
an event;
THEREFORE; in consideration of the mutual promises contained herein, the parties
agree as follows:
1. BOCC shall pay a sum not to exceed $ (Number of Dollars) for
promotion and related expenditures effective October 1,2000, as described in the event
budget, attached hereto as Exhibit A, for production of the (Name of Tournament and date
of Tournament). Payment will be made only after Event Sponsor submits invoices and
support documentation acceptable to the County's Finance Department. The advertising
and promotion budget for County funding may be altered as to the individual line items, or
components, within 10% of the amount stated for that item or component, without
increasing the total dollar amount and without requiring a written amendment to this
agreement. Monroe County's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the BOCC.
2. Event Sponsor shall provide promotion and related services as described in
the Sponsor's application for funding, Exhibit B, attached hereto. All advertising and public
relations services or supervision of advertising and public relations will be provided
through the contracted agencies of the Tourist Development Council (TDC) and BOCC.
The agencies of record, shall receive payment of work in progress upon submission of
documented invoices associated with said event. Event sponsor fully understands that
funding is obtained from tourist development taxes for which the fiscal year ends
September 30, 2001. Event sponsor also understands that the funding process through
which this contract was made available by County requires event sponsors to submit their
payment requests as quickly as possible and to finalize all such requests before the end
of the fiscal year, if at all possible. In order for the tourist development taxes to be utilized
most effectively for the purpose for which they were authorized, attracting and promoting
tourism, the budgeting process of the County requires the event's funding to be concluded
in a timely manner. In recognition that the timeliness of payment requests is of extreme
importance to the funding of future advertising and promotion for the stability of the tourist-
based economy, Event Sponsor agrees to submit by September 30,2001 all invoices and
support documentation as required by the County's Finance Department rules and
policies. Event sponsor shall not be reimbursed nor will Event Sponsor's vendors be paid
directly for any invoices received after September 30, 20001, except that for events with
promotional expenditures occurring from August 1 through September 30, 2001 invoices
must be submitted within ninety (90) days of the conclusion of the event..
3. Event Sponsor shall reimburse BOCC for any amount of funds expended by
BOCC in connection with an event which does not occur as a result of any act or omission
by Event Sponsor.
4. Event Sponsor covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County)
and any other losses, damages, and expenses (including attorney's fees) which arise out
of, in connection with, or by reason of the services provided, event sponsored, or other
activities and funding associated with this agreement. Should event involve the serving or
distribution of alcoholic beverages, Event Sponsor shall obtain prior to the event a Liquor
Liability insurance policy naming Monroe County as a co-insured.
5. Event Sponsor shall maintain records pursuant to generally accepted
accounting principles for three (3) years after the event and shall permit BOCC and its
agents and employees access to said records at reasonable times.
6. BOCC may terminate this agreement without cause upon providing written
notice to Event Sponsor no less than sixty (60) days prior to the event and may terminate
for breach upon providing to Event Sponsor notice at least seven (7) days prior to the
effective date of the termination.
7. Event sponsor is an independent contractor and shall disclose any potential
conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code,
Article XXI:
8. Event Sponsor warrants that he/she/it has not employed, retained or
otherwise had act on his/her/its behalf any former COUNTY officer or employee in violation
of Section 2 or Ordinance No. 10-1990 or any COUNTY officer or 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.
9. "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. "
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its duly authorized representative, the day of , 2000.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
Mayor/Chairman
Deputy Clerk
(CORPORATE SEAL)
(Orga n ization/Entity)
Attest:
By
By.
OR
Secretary
President
Witness
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Cuban American Heritage Festival, Inc.
Effective Date: 10/19/2000
Contract Purpose/Description: A Funding Agreement with Cuban American Heritage Festival, Inc.
covering the Cuban American Heritage Festival Fishing Tournament on November ~5. 2000 in an
amount not to exceed $8,500 effective October 1,2000, FY 2001, Two Penny allocated under the
Fishing Umbrella.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Department)
For BOCC meeting on 10/19/2000
Agenda Deadline: 1 0/4/2000
Contract Costs
Total Dollar Values of Contract: $8,500.00 Current Year Portion: $
Budgeted? Yes ~ No Account Codes: 115-75022-530340- T15F303X-53041 0
Grant: $ 115-75022-530340-T15F303X-530480
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
tyro For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN
CHANGES
NEEDED?
Yes No
REVIEWER
DATE OUT
Division Director
CL~/~0) _ V--
q/~/~
Cf/VI~
(Final reviewer should return co
/'
./
/
'( l \0 ( +
C ' '-I:_~\,A~ I Lz~~~v':.:: ~ "-,
<l
(~J /.) ?/[c
Risk Management
1-/:Y1/co
County Attorney
~PUr~ing
"1 /'1 /t/V
S. Hutton 4 /\, / cru
I:L'C~~ a J (C/lkJ(fh2ZvD
ract to originator)
Comments:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Islamorada Charter Boat Association
Effective Date: 10/19/2000
Contract Purpose/Description: A Funding Agreement with Islamorada Charter Boat Association
covering the Islamorada Sailfish Tournament on November 30-December 3,2000 in an amount not
to exceed $5,000.00, FY 2001, Two Penny allocated under the Fishing Umbrella.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Department)
For BOCC meeting on 10/19/2000
Agenda Deadline: 1 0/4/2000
Contract Costs
Total Dollar Values of Contract: $5,000.00 Current Year Portion: $
Budgeted? Yes ~ No Account Codes:: 115-75022-530340-T15F250X-530480
Grant: $ 115-75022-530340- T15F250X-53041 0
County Match: $ .
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
tyro For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN CHANGES REVIEWER DA TE OUT
NEEDED?
Yes No
Division Director CU3t2o i/ v/ht4?;;;J fy.~tn.
- -
.\ ~
Risk Management 1-/Jj/GC v/ (l, lVC\'Lr"'~ \~ .", ,A(.-..;'-. .If.;{'7 / (lC
- -
County Attorney tr ^ 7., Ie..-rt: ,/ S. Hutton q /.!..2....J~
- -
~r~Sing ~' II d~[,fki.L/ (20~ nJ
i/)!P./6D .///.. 1/ ..""
- r ~'" k <....-L~.c (Final reviewer should return contract to originator)
Comments:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Fishing And Conservation Trust Effective Date: 10/19/2000
Contract Purpose/Description: A Funding Agreement with Fishing and Conservation Trust covering
the Metropolitan South Florida Fishing Tournament Mini-Met on December 1, 2000 in an amount not
to exceed $5,000.00 effective October 1,2000, FY 2001, Two Penny allocated under the Fishing
Umbrella.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Department)
For BOCC meeting on 10/19/2000
Agenda Deadline: 10/4/2000
Contract Costs
Total Dollar Values of Contract: $5,000.00 Current Year Portion: $
Budgeted? Yes _~ No Account Codes:: 115-75022-530340-T15F252X-530480
Grant: $ 115-75022-530340-T15F252X-530410
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
tyro For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN CHANGES REVIEWER DA TE OUT
NEEDED?
Yes No
Division Director CL, K; t2/) - V /}nW~ q/e-/ t7zj
. (~1A
Risk Management ~/:n./rx' - ~ (\, L~(~)~\j 0.. 6~ ci / ,27/00
./
County Attorney '1 /1( /00 S. Hutton "1 /( ( tfD
~uritsing - / ~;'j!"- a f;i-vth~ VJ it-O
1-/~~ .2P - (Final reviewer should return contract to originator)
Comments:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Tammie Gurgiolo Effective Date: 10/19/2000
Contract Purpose/Description: A Funding Agreement with Tammie Gurgiolo covering the Islamorada
Junior Sailfish Tournament on December 7-9, 2000 in an amount not to exceed $2,500.00, effective
October 1, 2000, FY 2001 Two Penny allocated under the Cultural Umbrella.
Contract Manager: Maxine Pacini X3523 Tourist Development Council
(Name) (Ext) (Department)
For BOCC meeting on 10/19/2000 Agenda Deadline: 1 0/4/2000
Contract Costs
Total Dollar Values of Contract: $2,500.00 Current Year Portion: $
Budgeted? Yes 1- No Account Codes: 115 75011 530340 T15F089X 530480
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 REVIEWER DA TE OUT
NEEDED?
Yes No
Division Director {l-,i1}~ - V ~{}&~J 0&10(:1
''- 1
CLfJ1/ DC '. Ii' .. _~
Risk Management ~ I ( . \,~CU.'h~ i~(~rti-i2.L-txl^" "- c7/'~'l/
- _~CC'
. .j
County Attorney OJ /1\ /c"D ,/ S, Hutton q / r ( / C("7,)
';&l - - ---
I # // /7 t/t~'ckL/
\'0 i/V!~D / ~1i~~~tA tj lJ JI cro
O~B~'lIrc . g -
)V ,
...,// (Final reviewer should return contract to originator)
Comments:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Tammie Gurgiolo
Effective Date: 10/19/2000
Contract Purpose/Description: A Funding Agreement with Tammie Gurgiolo covering the Capt. Don
Gurgiolo Sailfish Classic on December 14-16, 2000 in an amount not to exceed $3,000.00 effective
October 1, 2000, FY 2001, Two Penny allocated under the Fishing Umbrella.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Department)
For BOCC meeting on 10/19/2000
Agenda Deadline: 1 0/4/2000
Contract Costs
Total Dollar Values of Contract: $3,000.00 Current Year Portion: $
Budgeted? Yes ~ No Account Codes:: 115-75022-530340-T15F355X-530480
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
REVIEWER
DATE OUT
Risk Management
9 t:-w
CJjJ1/ co
./
(/J7UJbI4P
'\ (;) .... l
a I Lv~~ *-c-.-0-e1..,lJo'-'-
o/~()f)
Division Director
!lInt cc
Cou,nty Atto~~y
fJlaA,urcdsing
"\ / C( /c/'V _../ S. Hutton '1/~/c/{)
Lf}jf/ID _ ~JL~a~tj'LJrn
(Final reviewer should return contract to originator)
Comments:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 19, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an amendment to Agreement with the City of Key West for
sand to be shaken out of the seaweed; good sand restored to the beach
area and the disposal of seaweed by the City in an amount not to exceed
$19,500.00, DAC I, FY 2001 Special Beach Fund.
ITEM BACKGROUND:
DAC I approved same at their meeting of August 16, 2000.
TDC approved same at their meeting of September 6, 2000.
PREVIOUS RELEVANT BOCC ACTION:
BOCC at- their meeting of January 16, 1997 approved revised Interlocal
Agreement.
BOCC at their meeting of January 13, 1999 approved an amendment to
agreement providing for an additional $60,000.
BOCC approved FY 2001 budget at their meeting of September 20, 2000.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $19,500.00
BUDGETED: YES
COST TO COUNTY: $19,5001T0URI.ST PAY
APPROVED BY: County Attorney X OMB/~aSing~RiSk Managem'~t~'
DIVISION APPROVAL:
Lynda M. Stuart
(Type/print name)
DOCUMENTATION: Included: X To Follow: _Not Required
Agenda Item # ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: City oCKey West Effective Date: 10/19/00
Contract Purpose/Description: Approval of an amendment to Agreement with the City of Ke"\
West for sand to be shaken out of the seaweed; good sand restored to the beach area and th
disposal of seaweed by the City in an amount not to exceed $19,500.00, DAC I, FY 200
Special Beach Fund.
Contract Manager: Maxine Pacini X3523 Tourist Development Council
(Name) (Ext) (Department)
For BOCC meeting on 10/10/2000 Agenda Deadline: 1 0/4/2000
Contract Costs
Total Dollar Values of Contract: $19,500 Current Year Portion: $
Budgeted? Yes. X No Account Codes: 11577050530340 l-174~R'X 530340
~- TI1HJ5Z!-
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
tyro For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN
CHANGES
NEEDED?
Yes No
REVIEWER
DATE OUT
Division Director
~30tJ
v
4~
c\ \ \.~~~~ ~ R,-,-G-.:-:t)~.~,-
tj ;/s v:L
Risk Management
If).'1/ CC
/
i/
!LJ2'J /CI.
County Attor.rl__yY
o.~rc~g
v
/ / S. Hutton
~/0B./()-V /. fO~ tl ;~/
(Final reviewer should return contract to originator)
/ /
I I
IV
fJ~9,oiJ
Comments:
AMENDMENT TO INTERLOCAL AGREEMENT FOR GRANT OF FUNDS
THIS AMENDMENT TO AGREEMENT dated 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 City of Key West (hereinafter "CITY").
WHEREAS, the parties hereto have entered into an interlocal agreement for
grant of Tourist Development revenues to finance a beach improvement and restoration
project encompassing Higgs Beach, White Street Pier, and Smathers Beach; and
WHEREAS, that agreement, dated January 16, 1997, provides an amount not to
exceed $500,000.00 in reimbursement to the City or its contractor subject to availability
of funds; and
WHEREAS, the District Advisory Committee for District I recommended to the
TDC and the COUNTY that $100,000.00 be budgeted each year for five years to fulfill
this contract; and
WHEREAS, the recommendation was accepted; and
WHEREAS, it was determined at the January 16, 1997 County Commission
meeting that the monies should be placed in an interest-bearing account upon
appropriation and the interest should be available under the agreement but the
agreement was not changed to reflect that directive: and
WHEREAS, the District Advisory Committee for District I recommended an
additional $60,000.00 to be added to the total sum;
WHEREAS, the contract was amended on the 13th day of January, 1999 for an
additional $60,000.00 to be added to the tot31 sum; and
WHEREAS, the District Advisory Committee for District I recommended an
additional $19,500.00 in order to shake the sand out of the seaweed, restore the good
sand to the beach area and provide final disposal of seaweed by the City of Key West;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the COUNTY and the CITY agree to the following:
1. Paragraph 2 of the agreement dated January 16, 1997, shall be amended
by adding the following sub-sections:
a). The city shall make arrangements for the sand to be shaken out of the
seaweed and the good sand restored to the beach area and provide final disposal of
seaweed by the City of Key West.
2. Paragraph 3 of said agreement shall be amended by adding the following
subsection:
a). For the sand to be shaken out of the seaweed and the good sand restored to
the beach area the County will pay a sum not to exceed $19,500.00 upon the disposal
of the seaweed by the City of Key West
3) All other provisions of the agreement entered January 16, 1997, not
inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have cause this amendment to
agreement to be executed the day and year first above written.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest: Clerk
.
CITY OF KEY WEST, FLORIDA
By
By
Clerk
City Manager
r-<
1
AMENDMENT TO INTERLOCAL AGREEMENT FOR GRANT OF FUNDS
THIS AMENDMENT TO AGREEMENT dated I;;:; !It day of -J4N , 199-1: 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 City of Key West (hereinafter "CITY").
WHEREAS, the parties hereto have entered into an interlocal agreement for
grant of Tourist Development revenues to finance a beach improvement and restoration
project encompassing Higgs Beach, White Street Pier, and Smathers Beach; and
WHEREAS, that agreement, dated January 16, 1997, provides an amount not to
exceed $500,000.00 in reimbursement to the City or its contractor subject to availability
of funds; and
WH.EREAS, the District Advisory Committee for District I recommended to the
TDC and the COUNTY that $100,000.00 be budgeted each year for five years to fulfill
this contract; and
WHEREAS, the recommendation was accepted; and
WHEREAS, it was determined at the January 16, 1997 County Commission
meeting that the monies should be placed in an interest-bearing account upon
appropriation and the interest should be available under the agreement but the
agreement was not changed to reflect that directive: and
WHEREAS, the District Advisory Committee for District I recommended an
additional $60,000.00 to be added to the total sum;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the COUNTY and the CITY agreed to follow:
1) The contract dated January 16,1997, paragraph number 3, shall be
amended by the following:
a) The first sentence of paragraph 3 shall be amended by changing
"$500,000.00" to "$560,000.00" and adding after that amount the words "plus interest
on appropriations" effective October 1, 1998.
,~
b) The following sentence shall be added to the end of paragraph 3:
"Monies allocated by the County each year to fulfill this agreement shall be deposited
into an interest-bearing account with interest to commence effective October 1, 1998
and said interest shall be available for reimbursement of costs incurred for the beach
improvement and restoration project."
2) All other provisions of the agreement entered January 16, 1997, not
inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have cause this amendment to
agreement to be executed the day and year first above written.
---~-
(SEA{" _~' '\
l'': .' \'."~. - .~.
\ 1'}'/,'
'., ,--- ,-~~.
--~,..-. ..,~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By TIrrtl. )g.,..'_(r-1f~ ,
Deputy Clerk
" '
\ -
, '.' ~ ,'" ~_~-'-:L~'
~~~"""-"-"--~- . . <
By / - ;
_..:.~ ~ -'.,- ,
Mayor/Chairman
(SEAL)
Attest: Josephine Parker, Clerk
CITY OF KEY WEST, FLORIDA
By
By
r....,
INTERLOCAL AGREEMENT
FOR
GRANT OF FUNDS
THIS AGREEMENT dated the Iti' 6;1 day of" L N [.}/t K \(
1992. is entered into by
and betvveen the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY (hereinafter
"County), on behalf of the TOURIST DEVELOPMENT COUNCIL (hereinafter "TOC"). and THE CITY OF KEY
WEST (hereinafter "City").
WHEREAS, the County has, upon the recommendation of the TDC and District I Advisory
Committee, allocated tourist development revenues to finance a beach improvement and
restoration project which includes Higgs Beach. a County-owned park, improvement and restoration
of the City-owned White Street Pier. and Smathers Beach. a City-owned park. all of which are
located on the Island of Key West or in the waters adjacent thereto.
WHEREAS. ttre White Street Pier/Higgs Beach Project has been completed as partial mitigation
required by State of Florida agencies for the Smathers Beach project: and
WHEREAS. the City has the ability to act as construction manager for the Smathers Beach Project
in order to facilitate the earliest possible completion of the project to improve its tourism-attracting
value; and
WHEREAS. the County and City have determined that it is in the best interests of the public to
enter into this agreement to expedite the project; and
WHEREAS, the U.S. Army Corps of Engineers has already completed a draft general design
memorandum and cost estimate;
NOW. THEREFORE, in consideration of the mutual covenants and promises contained herein, the
County and the City have entered into this agreement on the terms and conditions as set forth
below.
1. CONTRACT PERIOD. This agreement shall commence on the date last executed by both
parties. and shall remain in effect until the funds herein are expended. 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 12 and 13 below.
2. SCOPE OF AGREEMENT. The City shall develop construction designs. construction cost
estimates. specifications and provide construction as is necessary to complete the Smathers Beach
Project as described in the City of Key West Smathers Beach Renourishment Project Proposal dated
7/10/96. which is attached hereto and incorporated herein by reference. This design and
construction work shall be known as Phase II of the Smathers Beach Project. The results shall be
presented to the City and County. TDC approval of subsequent phases. or significant changes to
the Project. shall be required for the County to execute any amendments for funding. but said TDC
approval shall not be unreasonably withheld.
3. AMOUNT OF AGREEMENT AND PAYMENT.
The County shall provide an amount not to
exceed $500.000 in reimbursement to permit. design and/or construct Phase II. subject to availability
of funds. The County assumes no liability to fund this agreement for an amount in excess of this
award. Payment shall be made through reimbursement to City or its contractor 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. Payment shall only be
made to the extent that documentation shows a 50% match by the City. The County shall
appropriate from District I Third Penny Tourist Development revenues. after allocation of
administrative expenses and prior to allocations for any other purposes. funds of $100,000 per fiscal
year in the following fiscal years: 1997. 1998. 1999. 2000, and 2001. All unused funds appropriated for
each fiscal year will be rolled to the next fiscal year. The County shall payout of each year's
allocation the City's requests for reimbursement for Project work performed during or prior to the
current fiscal year and current year direct vendor payments as requested by City. Expenses incurred
prior to the execution of this Agreement may be paid from the fiscal year 1997 allocation in
accordance with F.S. 12S.0104(S){c). Construction is currently scheduled to begin in fiscal year 1997
or 1998. Construction of the Project may be completed prior to the County funds being budgeted.
Under the beach improvement financing section of the Tourist Development Tax Statute.
reimbursement of City's expenditures may be made to City when the pled6ed funds come
available. regardless of the fact that the expenditure was incurred in a prior year.
2
4. REPORTS.
The City shall provide financial reports in summary of activity on forms
provided or approved by the County, and quarterly narrative reports of activity under the approved
work plan. The City 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 City to maintain appropriate records to insure a proper
accounting of all funds and expenditures. The City understands that it shall be responsible for
repayment of any and all audit exceptions which are identified by the Auditor General of the State
of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners of 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 City will be billed by the
County for the amount of the audit exception and shall promptly repay any audit exception.
S. MODIFICATIONS 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 City 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 City or any of its
employees, contractors, servants or agents to be employees of the Board of County Commissioners
of Monroe Count. 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 City 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 entitled
the County to terminate this contract immediately upon delivery of written notice.'of termination to
the City. Any direct payment by County to any vendor or Contractor of City for the services under
3
--,
this agreement shall not transfer to County responsibility for compliance with the Consultants'
Competitive Negotiation Act. Section 287.055. F.S.. which sole responsibilitY for assuring compliance
shall remain with the City.
8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS AGREEMENT. The City shall
include in all contracts funded under this agreement the following terms:
a) Anti-discrimination. Contractor and City agree 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. sexual orientation. 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 City has any interest. financially
or otherwise. in Contractor. For breach or violation of this warranty, the City 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 White Street Pier/Higgs Beach Project.
c) Hold harmless / indemnification. (City shall determine and include:)
Standard design/construction hold harmless/indemnification provisions that will protect
the City. the County and the TOC 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 Subcontractors in the
performance of the terms of any contracts resulting from the funding provided by the County and
any activities on County property.
4
,-.....
d) Insurance. (At the City's discretion.) the Contractor and Subcontractors sholl be
required to provide any types of insurance and limits of such insurance that will further protect the
City. the County and the TDC from the actions/inactions of the Contractor and any Subcontractors
in the performance of the terms of any contracts resulting from the funding provided by the County.
The City, 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.
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 ore 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.
Contractor 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 City hereby agrees to indemnify and hold
harmless the County and TDC and any of their officers and employees from and against any and all
claims, liabilities, litigation, causes of action, damages, costs, expenses, and the payment of any and
all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this
agreement. The City shall immediately give notice to the County of any suit. claim, or action made
against the City or its Contractors and/or Subcontractors that ore 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 an/or construction activities contemplated by this agreement.
10. ANTI-DISCRIMINATION. The City agrees that it will not discriminate against any of their
employees or applicants for employment or against persons for any benefit or se.rvice because of
their race. color. religion. sex. sexual orientation, national origin. or physical or mental handicap
5
--'"
(--~
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 City 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 othef'Nise. in City. except for residency or employment within the City limits. 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 upon the final disbursement of funds
appropriated hereunder. 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 or when termination is deemed by County to be in its best interests. In the event
funds cannot be obtained or cannot be continued at a level sufficient to allow for 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 City. The County
shall not be obligated to pay for any services or goods provided by the City after the city 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 City 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 beI'Neen the City and the County.
6
~. -........
"
,
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. NOTICE. Any written notice to be given to either party under this agreement or related
hereto shall be addressed and delivered as follows:
For City:
City Attorney
525 Angela Street
Key West. FL 33040
For County: TDC Administrative Offices
3406 N. Roosevelt Blvd.
Key West. FL 33040
and
County Attorney
310 Fleming Street
Key West. FL 33040
t . NESS WHEREOF, the parties hereto have caused this agreement to be executed the day
&~~"',"~~~.~.I'~ ,~ove written.
I.;"~~ . (." ~ ;:\ri):1
;.~,~ _, ,\,,,/:1 ,
,;..\", '\.1-;;~} ~t .~.~ 'f .. ~/
\. ~" EI=:Af'l, ./..
~~,") ~.- ~f. - ./'.... 'I
'''~ft.e8 \~D'.A.J<(NY L. KOLHAGE. Clerk
~",.'- __..r
. - -.,-," .,.-~
. . .-.... I~.'
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By \G..':"rD~ ~
Depu Cle G
By
(SEAL)
Attestn
I !
Josephine Parker, Clerk
~'
CITY OF KEY WEST, FLORIDA
By
aa/con/smatherl
7