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FY2001 10/19/2000 llannp 1.. !tolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIION, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292.3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS mGHWA Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: October 30,2000 TO: Lynda Stuart, Office Manager Tourist Development Council ATIN: Maxine Pacini Administrative Assistant Pamela G. Hancoc~ Deputy Clerk U FROM: At the October 19, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of the following: Turnkey Funding Agreement between Monroe County and Premiere Racing, Inc., to cover Yachting Key West Race Week 2001 on January 15-19, 2001 in an amount not to exceed $52,000, Fiscal Year 2001, Two Penny, Special Project, DAC I allocation. Fishing Event Agreements for Fiscal Year 2001 between Monroe County and Cuban American Heritage Festival; and Islamorada Sailfish Tournament. Amendment to Interlocal Agreement for Grant of Funds between Monroe County and 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 exceeg $19,500, DAC I, Fiscal Year 2001, Special Beach Fund. / Interlocal Agreement for Grant of Funds between Monroe County and Islamorada Village ./ ofIslands for the Hurricane Monument Improvement Project in an amount not to exceed $49,378 DAC IV, Fiscal Year 2000 Capital Resources. Attached are two 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 document Risk Management wlo document File County Attorney Finance INTERLOCAL AGREEMENT FOR GRANT OF FUNDS THIS AGREEMENT dated the 1'/ ~ay of OCf{)~ , 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 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 the Hurricane Monument Improvement Project; and WHEREAS, the Village has the ability to act as manager for the Hurricane Monument; 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 August 17, 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 15 below. 2. SCOPE OF AGREEMENT. The Islamorada Village of Islands shall contract for such services needed to Expand and enhance the Monument functionally and visually by significantly expanding the area, providing parking, providing an information kiosk, providing additional landscaping, reconfiguring bicycle and pedestrian access and controlling flooding. As long as Islamorada Village of Islands retains control of the property, it shall be used as a museum facility open to the public. 3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to exceed $49,378 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 BOCC. .~ ;:..')..lNnoJ 30 ' , .Q .~W) . , ,.,~"O~ 3')VI}-I~I'';' ~lJ. . · l>i 1 I ~'\I'""Q . /, It. j'~ V SZ:C Hd LZ 130 DO Q?:JOJ3tJ (10J a.TiI.:1 Village of Islamorada - Hurricane Monument Project Capital Project Funding FY 2000 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 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. 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. Village of Islamorada - Hurricane Monument Project 2 Capital Project Funding FY 2000 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. 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 Village of Islamorada - Hurricane Monument Project 3 Capital Project Funding FY 2000 10. HOLD HARMLESS/INDEMNIFICATION. To the extent permitted by law, and as limited by Section 768.28, F.S., 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. However, such indemnification and hold harmless shall not extend to actions arising from the sole negligence of the County, its officials, employees or agents, or the TDC. 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 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. TERMINATION AT WILL. Either party may terminate this agreement without cause by providing the other in writing, at least 60 days prior to the effective date of termination, notice of intent to terminate the agreement. Village of Islamorada - Hurricane Monument Project 4 Capital Project Funding FY 2000 16. 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. 17. 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. 18. 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. 10-1990. 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. 19. "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." 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: Islamorada Village of Islands Mayor Jim Mooney 81011 Overseas H ig hway 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 Village of Islamorada - Hurricane Monument Project 5 Capital Project Funding FY 2000 WHEREOF, the parties hereto have caused this agreement to be ear first above written. LHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: c:SL1;l:.-hc~., et~ Mayor/Chai an (SEAL) ATTEST: Islamorada Village of Islands Secretary By: J, Village of Islamorada - Hurricane Monument Project 6 Capital Project Funding FY 2000