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05/18/2000 Agreement 1l9annp 1.. ltolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAmON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MEMORANDUM CLERK OF TfIE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 DATE: May 25, 2000 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant Pamela G. HancoA Deputy Clerk U FROM: At the 18, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of the following: . Interlocal for Grant of Funds Agreement between Monroe County and Islamorada Village oflslands for the Library Beach Project in an amount not to exceed $22,500, DAC IV, FY 2000, Third Penny, Capital Project Resources. / Interlocal for Grants of Funds Agreement between Monroe County and Islamorada Village oflslands for the Anne's Beach Project in an amount not to exceed $124,500, DAC IV, FY 2000, Third Penny, Capital Project Resources. Funding Agreement between Monroe County and Mel Fisher Maritime Heritage Society, Inc. covering the production of Myths and Dreams: The Cultural Legacy of Florida and the Caribbean on June 1, 2000 through January 21, 2001 in an amount not to exceed $25,000, FY 2000, Two Penny, allocated under the Cultural Umbrella. Amendment to Agreement between Monroe County and The Legendary Key Largo Chamber of Commerce to state that obligations for the Speigel Grove Artificial Reef Preparation and Transport Agreement must be completed by December 31, 2001. Attached are two (2) duplicate originals of the above for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator wlo documents Finance-K. Hanna County Attorney File INTERLOCAL AGREEMENT FOR GRANT OF FUNDS THIS AGREEMENT dated the J?liaay of ~fc ' 2000, is entered into by and between the BOARD OF COUN~~MISS NERS OR MONROE COUNTY (hereinafter "County"), on behalf of the TOURIST DEVELOPMENT COUNCIL (hereinafter "TDC"), and THE ISLAMORADA VILLAGE OF ISLANDS (hereinafter "Village"). WHEREAS, the County has, upon recommendation of the TDC and District IV Advisory Committee, allocated tourist development revenues to finance the Improvement Project of Anne's Beach; and WHEREAS, the Village has the ability to act as manager for Anne's Beach; and WHEREAS, the County and Village have determined that it is in the best interests of the public to enter into this agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the County and the Village 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 7,13 and 14 below. 2. SCOPE OF AGREEMENT. The Islamorada Village of Islands shall contract for such services needed to expand and enhance the park functionally by: achieving ADA compliance for boardwalk; parking and bathrooms; repairing the boardwalk; providing a "Keys" appropriate bathroom facade; expanding and repairing parking areas; providing landscaping. As long as Islamorada Village of Islands retains control of the property, it shall be used as a beach park facility open to the public. ~ ~ g ; ;.:0 ...,.. ::E . D E2 ~ :x:a fT1 3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide anrai:Rotlnt11bt @ exceed $124,500 in reimbursement for the scope of services outlined above. ~ed3oa~ofd County Commissioners and the Tourist Development Council assume no liabil~::{tgurliLthiS=O agreement for an amount in excess of this award. Payment shall be made thrQ'fJ~ ::E ~ reimbursement to Islamorada Village of Islands upon presentation of invoices,~a~le~ g checks and other documentation to support a claim for reimbursement, such cfocument&io~ 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 ~nnual appropriation by the BOCC. 4. REPORTS. Islamorada Village of Islands shall provide financial reports in summary of activities related to this agreement on a quarterly basis. If the agreement is extended beyond the end of the fiscal year (September 30th, 2001), Islamorada Village of Islands shall provide a report summarizing the total anticipated expenditures against this agreemen't on or before Village of Islamorada - Anne's Beach Project Special Capital Project Funding FY 2000 September 30, 2001. Said report shall be provided to the Monroe County Tourist Development Council Administrative Office no later than August 30th, 2001. Islamorada Village of Islands shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give reasonable 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 Islamorada Village of Islands to maintain appropriate records to insure a proper accounting of all funds and expenditures. Islamorada Village of Islands 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, Islamorada Village of Islands 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 and signed by both parties. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, Islamorada Village of Islands 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 Islamorada Village of Islands or any of its employees, contractors, servants or agents to be 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, Islamorada Village of Islands 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 contract immediately upon delivery of written notice of termination to Islamorada Village of Islands 8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS AGREEMENT. The Islamorada Village of Islands shall include in all contracts funded under this agreement the following terms: a) Anti-discrimination. The Islamorada Village of Islands 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. Village of Islamorada - Anne's Beach Project 2 Special Capital Project Funding FY 2000 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 Islamorada Village of Islands has any interest financially or otherwise, in Contractor. For breach or violation of this warranty, The Islamorada Village of Islands 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 Islamorada Village of Islands project. c) Hold Harmless/Indemnification. The Islamorada Village of Islands shall determine extent of coverage and include in contracts that standard design/construction hold harmless/indemnification provisions that will protect the Islamorada Village of Islands, 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 Islamorada Village of Islands, the Contractor and Subcontractors shall be required to provide any types of insurance and limits of such insurance that will further protect the Islamorada Village of Islands, 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 Islamorada Village of Islands, 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. 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 Islamorada Village of Islands; and that this agreement has been approved by the Islamorada Village of Islands Board of Directors. 9. LICENSING AND PERMITS. The Islamorada Village of Islands 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/INDEMNIFICATION. Islamorada Village of Islands hereby agrees to indemnify and hold harmless the BOCCrrDC 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. Islamorada Village of Islands 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 Vii/age of Islamorada - Anne's Beach Project 3 Special Capital Project Funding FY 2000 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. Islamorada Village of Islands 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. 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 Islamorada Village of Islands. The County shall not be obligated to pay for any services or goods provided by Islamorada Village of Islands after Islamorada Village of Islands 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 Islamorada Village of Islands 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 Islamorada Village of Islands 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. Village of Islamorada - Anne's Beach Project 4 Special Capital Project Funding FY 2000 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: FOR: Islamorada Village of Islands Mayor George Geisler 81011 Overseas Highway P.O. Box 568 Islamorada, FL 33036 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 /. ,<" ~':')N'WITNESS WHEREOF, the parties hereto have caused this agreement to be /ex~~te~f.tne'pay and year first above written. / "~"'" \1>' ,',/ ~._'.' ' f(SEAL) ATrEST: DANNYL. KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA "~"-.^~ ~ ~~ . puty 06rk ~~-~ By: 17./1. Mayor/Chair an (SEAL) ATTEST: Islamorada Village of Islands t ~ .wiz~ ~rclMy~ ~ By By: Village of Islamorada - Anne's Beach Project 5 Special Capital Project Funding FY 2000