Item E05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 22, 2001
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an Inter-local Funding Agreement with the City of Key West for
the Key West Bight Turtle Kraals Aquarium Restoration Phase II project in
an amount not to exceed $31,000, DAC I, Capital Resources, FY 2001.
ITEM BACKGROUND:
TDC approved same at their meeting of February 14, 2001.
PREVIOUS RELEVANT BOCC ACTION: '-n-..,:",,, ~) 0.- l"~"""-'- ~Q)~<\;:fCA.-~
BOCC approved FY 2001 budget at their meeting of September 21,2000.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $31,000 BUDGETED: YES
COST TO COUNTY: $31 ,OOO/TOURIST PAY
--IIA ~I.R,
APPROVED BY: County Attorney ~ OM~cliasingL-Risk Management X
DIVISION APPROVAL: C--I
Lynda M. Stuart
(Type/print name)
To Follow:
DOCUMENTATION: Included:
X
Not Required
Agenda Item # ~,f€)
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: City of Key West Effective Date: 3/22/2001
Contract Purpose/Description: Approval of an Inter-local Funding Agreement with the City of Key
West for the Key West Bight Turtle Kraals Aquarium Restoration Phase II proiect in an amount not to
exceed $31,000. DAC I. Capital Resources, FY 2001.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Department)
For BOCC meeting on 3/22/2001
AQenda Deadline:3/7/2001
Contract Costs
Total Dollar Values of Contract: $31.000 Current Year Portion: $
Budgeted? Yes -1L- No Account Codes: 117 77040 530340 T17M387X 530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $
(not included in dollar value above)
/yr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN
CHANGES
NEEDED?
Yes No
REVIEWER
DA TE OUT
Division Director
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2/26/0\ /' S Hutton
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(Final reviewer should return contract to originator)
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2-J/A~
Risk Management
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County Attomey
o~purchhing
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Comments:
INTERLOCAL AGREEMENT
FOR
GRANT OF FUNDS
This AGREEMENT dated the_day of 2001, 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" Contractor".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct,
extend, enlarge, remodel, repair, improve, maintain, or promote museums, zoological parks,
fishing piers, nature centers or sports arenas which are publicly owned and operated or owned
and operated by not-for-profit corporations, and
WHEREAS, Contractor has applied for funding for the Key West Bight Turtle Kraals
Aquarium Restoration phase II project, hereinafter "the Project"; and
WHEREAS, Contractor has the ability to act as manager for the project; 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
acquire, construct, repair and rehabilitate the project for use as a zoological park/nature center
open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Contractor and the County have entered into this agreement on the terms and
conditions as set forth below.
1. AGREEMENT PERIOD. This agreement is for the period March 22, 2001 through
December 31,2001. 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
7,11 and 12 below.
2. SCOPE OF AGREEMENT. The Contractor shall provide such materials and labor as is
necessary to provide for an aquarium to house fish and turtles through replacement of the
concrete kraals and the installation of a pumping system for water exchange and aeration.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to
exceed $31,000 in reimbursement for the project contingent upon the submerge land lease and a
timeline of December 31,2001. 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 for expenditures permissible by law and County policies shall be made through
reimbursement to Contractor upon presentation of invoices, canceled checks and other
documentation necessary to support a claim for reimbursement. Included in said documentation
shall be proof that the Contractor has received and applied to the project matching funds
equivalent to or greater than the amount invoiced to the County. Monroe County's performance
and obligation to pay under this agreement is contingent upon an annual appropriation by the
BOCC.
Key West Bight Turtle Kraals Project
Capital Project Funding FY 2001
1
4. REPORTS. The Contractor shall provide financial reports in summary of activity on forms
provided or approved by the TDC, and quarterly 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 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 Contractor to maintain appropriate records
to insure a proper accounting of all funds and expenditures. The Contractor 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 Contractor 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
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, 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
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 agreement immediately upon delivery of
written notice of termination to the Contractor.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The
Contractor shall include in all agreements funded under this agreement the following terms:
a) Anti-discrimination. Contractor 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 agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has
any interest, financially or otherwise, in Contractor. For breach or violation of this warranty, the
Contractor shall have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding
for this agreement is available at least in part through the County and that violation of this
paragraph may result in the County withdrawing funding for the Project.
Key West Bight Turtle Kraals Project
Capital Project Funding FY 2001
2
c) 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. ANTI-DISCRIMINATION. The Contractor 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.
10. ANTI-KICKBACK. The Contractor 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 the said funded project, except for general
membership. For breach or violation of this warranty, the County shall have the right to annul this
. agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, brokerage or contingent fee.
11. TERMINATION. This agreement shall terminate on December 31,2001. 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 Contractor. The County may terminate this
agreement without cause upon giving written notice of termination to provider. The County shall
not be obligated to pay for any services or goods provided by Contractor after Contractor has
received written notice of termination.
Key West Bight Turtle Kraals Project
Capital Project Funding FY 2001
3
12. TERMINATION FOR BREACH. 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 Contractor 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. Failure to provide
County with certification of use of matching funds or matching in-kind services at or above the rate
of request for reimbursement or payment by is a breach of agreement, for which the County may
terminate this agreement upon giving written notification of termination.
13. 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 Contractor and the County.
14. 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.
15. ETHICS CLAUSE: Contractor warrants that he has not employed, retained or otherwise
had act on his 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. 10-1990.
For breach or violation of the provision the County may, at its discretion terminate this agreement
without liability and may also, at its discretion, deduct from the agreement 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.
16. PUBLIC ENTITY CRIME STATEMENT: 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 an
agreement to provide any goods or services to a public entity, may not submit a bid on a
agreement 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, sub-contractor, or consultant under a agreement 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.
17. 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.
18. 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.
Key West Bight Turtle Kraals Project
Capital Project Funding FY 2001
4
19. INSURANCE: The parties to this agreement stipulate that each is a state governmental
agency as defined by Florida Statutes and represents to the other that it has purchased suitable
Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in
amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28
and 440, arising out of the activities governed by this agreement. The Contractor shall
immediately give notice to the County of any suit, claim or action made against the County that is
related to the activity under this agreement, and will cooperate with the County in the investigation
arising as a result of any suit, action or claim related to this agreement.
Each party shall be responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other party harmless
from all claims arising out of such actions.
20. 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 of Key West:
Julio Avael
City Manager
P.O. Box 1409
Key West, FL 33040
For County:
Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
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:
Deputy Clerk
By:
Mayor/Chairman
(SEAL)
ATTEST:
Julio Avael
By:
Secretary
By:
City Manager
Key West Bight Turtle Kraals Project
Capital Project Funding FY 2001
5