Item D09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 14,2002
Division:
TDC
Bulk Item: Yes X
No
Department:
AGENDA ITEM WORDING:
Approval of an amendment to Agreement with The Islamorada Village of Islands
allowing for an extension to agreement for the Anne's Beach Project in an
amount not to exceed $124,500, DAC IV Capital Resources.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of May 18, 2000,
BOCC approved FY 2002 budget at their meeting of September 19, 2001.
CONTRACT/AGREEMENT CHANGES:
Amendment to extend Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $124,500
BUDGETED: Yes X No
COST TO COUNTY: $ 124,500/TOURIST PAY
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH
Year X
APPROVED BY: County Atty ~ OMBlPurchasing X
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPOSITION:
AGENDAITEM# ~-r:V/
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
.:.~.~
CONTRACT SUMMARY
Contract with: Islamorada Village of Contract #
Islands Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of an amendment to Agreement with The Islamorada Village of Islands allowing for
an extension to agreement for the Anne's Beach Project in an amount not to exceed $124,500,
DAC IV Capital Resources.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 2/14/02 Agenda Deadline: 1/30/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 124,500
Budgeted? Yesl:8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
120-70040-530460- TOOM-348Y -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
Division Director 1;;;;2- Ye~Ded~~~ /~~
Risk Management ( (2-lI02- YesD NO~ C\, LJ(.k,~ \V~~d'"
O.M.B.IPurc~ ~zYesD Nog-- ~ Qf)
County Attorney ~ Y esO No~ S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
MAYOR FRANK R. KUUSKY
VICE MAYOR RON LEVY
COUNCILMAN GEORGE GEISLER
January 15, 2002
Ms. Lynda Stuart
Tourist Development Council
120] White Street, Suite 102
Dear Lynda:
COUNOIMAJ\1 MAIf GREGG
COUNCILMAN JAMF~1 MOONEY
The Village of IsIamorada is requesting an extension to the agreement for the
Improvement Project of Anne's Beach. This extension is requested to Oct?bcr 3q, 2002
and is necessary because the project is taking longer to complete than anticipated.1111ank
you for your assistance.
Since.r. ely, /'
Ui:; I~
Greg Tindle
Assistant V iUage Manager
P'Q, Box 568 · ISIAMOllADA, FL 33036
305.664.2345 fA-X 305.853.5357 w.....w.islamorada.fl.lls
JAN-lS-02 10,55 FROM,MONROE COUNTY ATTY OFFICE 10,3052823518
PAGE 2/4
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this ~ day of
2002. between the County of Monroe and THE ISLAMORADA VILLAGE OF
ISLANDS.
WHEREAS. there was a contract entered into on May 18. 2000, between the
parties, awarding $124,500 to The Islamorada Village of Islands, and
WHEREAS. it has become necessary to extend the contract for an additional
period to allow time for The Islamorada Village of Islands to complete the project;
NOW, THERJ:FORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1,
2002.
Contract period as outlined in Paragraph 1 be extended to October 30,
2. The remaining provisions of the contract dated May 18, 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,
The Islamorada Village of Islands
Mayor
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
BOARD OF COUNlY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chairman
Deputy Clerk
INTERLOCALAGREEMENT
FOR
GRANT OF FUNDS
THIS AGREEMENT dated th<-/fPiday of _ -N:AY ~ ,2000, is entered into by
and between the BOARD OF COUNTY COMMISSI~~~ONROE 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.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to
exceed $124,500 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 Islamorada Village of Islands 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
SOCC.
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/lndemnification. 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 BOCCITDC 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
Village of Is/amorada - Anne's Beach Project
Special Capital Project Funding FY 2000
3
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
busine'ss 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
81.011 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
/ IN WtTNESS WHEREOF, the parties hereto have caused this agreement to be
/ execute'd theq.,ay and year first above written.
Ii .... ,..... . \
~, (SEAL).";
;.~~ATTEST: DANNY L. KOLHAGE, CLERK
\"<-. . ...~""
"<
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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B~--t:~
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By: ~
Mayor/Chai'<<;an
(SEAL)
ATTEST:
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By: Ctl'iJt~~ :-:t? .Uj( [9-
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Islamorada Village of Islands
By:
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Village of Islamorada - Anne's Beach Project
Special Capital Project Funding FY 2000
5
DATE