Item E05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 19,2001
Division: TDC
Bulk Item: YES
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Dolphin Research Center to extend
Agreement through to September 30, 2002 for installation of a composting toilet with privacy
structure.
ITEM BACKGROUND:
TDC approved Agreement at their meeting of March 14,2000.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of March 16,2000,
BOCC approved FY 2001 budget at their meeting of September 21,2000.
CONTRACT/AGREEMENT CHANGES:
This is an Amendment requesting a one year extension to original Agreement.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:$4,850 BUDGETED: YES
COST TO COUNTY: $4,850/TOURIST PAY
REVENUE PRODUCING: YES AMOUNT PER MONTH
APPROVED BY: County Atty ~ OMB~ing X
Year
- - r~ R,
Risk Managemerf't>L)(
DIVISION DIRECTOR APPROVAL:
~~~--J'
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM # J-~
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Dolphin Research
Center
Contract #
Effective Date:
Expiration Date:
4/19/01
9/30/02
Contract Purpose/Description:
Approval of an Amendment to Agreement with Dolphin Research Center to extend
Agreement through to September 30, 2002 for installation of a compo sting toilet with
privacy structure,
Contract Manager: Maxine Pacini
(Name)
3523
(Ext. )
TDC # 3
(Department/Stop #)
for BOCC meeting on
4/19/01
Agenda Deadline: 4/4/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 4,850
Budgeted? Yesl:8l No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
119-79040-530460-T09B-163Y 530460
ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc,)
CONTRACT REVIEW
Changes Date Out
3JiuI; Needed A._ Rev.~~:wer
Division Director YesD NoEl " ,/ ~
j;;~:::~:::t .l~::-~~~
County Attorney
~ YesDNo~
S.Hutton
~ 0
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2001, between the County of Monroe and the Dolphin Research Center.
WHEREAS, there was a contract entered into on March 16, 2000, between the
parties, awarding $4,850.00 to the Dolphin Research Center, and
WHEREAS, it has become necessary to extend the contract for an additional
period due to difficulties in obtaining permits in a timely manner to complete the project
in the given time;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
2002,
1. Contract period as outlined in Paragraph 1 be extended to September 30,
2. The remaining provisions of the contract dated March 16, 2000, remain in
full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written,
Dolphin Research Center
President
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
Maxine Pacini
From:
Sent:
To:
Subject:
Rita Irwin [drc-sp@dolphins.org]
Thursday, March 08, 2001 8:45 AM
'Maxine Pacini'
RE: FY 1998 Captial Project
March 7, 2001
TO: Lynda Stuart
FROM: Rita Irwin
Dolphin Research Center
RE: FY 1998 capital project at DRC - Composting toilet with privacy
structure
We would like to extend this contract for another year, As you are aware
there are many issues surrounding waste water treatment in the city of
Marathon and the County that would effect the permitting of this project.
We are hopeful that these issues will be resolved during the next year and
we can proceed with this project.
1
GRA.NT OF FUNDS
This AGREEMENT dated the ,t,tJ., 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 ~Iphin Research Center, a Florida not-for-profit
corporation, hereinafter "Dolphin Research Center."
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 Dolphin Research Center 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 March 16, 2000 through
September 30thl 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 Dolphin Research Center shall contract for and
obtain such construction services as is necessary to acquire one composting toilet and
construct a supporting structure and a protective external structure around the
composting toilet. The Dolphin Research Center 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 $4,850.00 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 ~
Dolphin Research Center 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 Dolphin Research Center 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 Dolphin
Research Center 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 Dolphin Research Center 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 Dolphin Research Center to maintain appropriate records to insure
a proper accounting of all funds and expenditures. The Dolphin Research Center
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 ~vent 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
Dolphin Research Center 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 Dolphin Research Center 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 Dolphin Research Center 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 Dolphin Research Center 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 Dolphin Research Center,
8, RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Dolphin Research Center shall include in all contracts funded
under this agreement the following terms:
a) Anti-discrimination. The Dolphin Research Center agrees that they will not
discriminate against any employees or applicants for employment or against persons
2
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
th at:
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 Dolphin
Research Center and c) this agreement has been approved by the Dolphin Research
Center Board of Directors.
d) Licensing and Permits. The Dolphin Research Center 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/lNDEMNIFICATION, The Dolphin Research Center
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.
1 O. ANTI-DISCRIMINATION. The Dolphin Research Center 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 Dolphin Research Center 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 Dolphin Research Center, except for general membership in Dolphin Research
Center, 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
"
J
agreement may then be terminated immediately by written notice of termination
delivered in person or by mail to the Dolphin Research Center, The County shall not be
obligated to pay for any services or goods provided by the Dolphin Research Center
after the Dolphin Research Center has received written notice of termination,
13, TERMINATION FOR BREACH OF AGREEMENT. The County may
immediately terminate this a~reement 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 Dolphin Research Center 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 Dolphin Research
Center 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. 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, .
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 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 T'NO for a period of 36
months from th~ date of being placed on the convicted vendor list."
4
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 Dolphin Research Center: Rita Irwin
DolphirrResearch Center
P.O, Box 522875
Marathon Shores, FL 33052'
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
!,~,.,,,,.,,,,,,JN WITNESS WHEREOF, the parties hereto have caused this agreement to be
~<:\~~&Ute,:(t:tJle day and year first above written,
,i~:";":;_'~:':~:~:iE7) !:.~...::.~,~.?;::;;\
:';Y>'i'f(~6/%.~'~;jl~,tr ,'I .. BOARD OF COUNTY COMMISSIONERS
\'/~~~~J:V!?~~NY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
:::-~~~,~~~~:;,f;.'~"j :"P.,\~':::)I;:: ~
"~
~-~.i;"~~.;'; ,"'-' ',"_. : .;: '-."1..).<' .
BY':"" ;;;Y ~rk
cS~tar-F~
By:
Mayor/Chai an
(SEAL)
ATTEST:
Dolphin Research Center
Secretary
Byri~e~fL",,~-I{J'jl1Y- ,
By:
5