Item D4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 17/18/2002
Division:
TDC
Bulk Item: Yes X
No
Department:
AGENDA ITEM WORDING:
Approval of Amendment to Agreement with Friends of Mallory Square to extend
the term of Agreement for the implementation of bricks at the Key West
Sculpture Garden until September 30, 2003.
ITEM BACKGROUND:
TDC approved same at their meeting of April 3, 2002.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement at their meeting of August 17, 2000.
BOCC approved Amendment at their meeting of April 19, 2001.
BOCC approved FY 2002 Budget at their meeting of September 19,2001.
CONTRACT/AGREEMENT CHANGES:
Amendment to extend.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $36,000
BUDGETED: Yes X No
COST TO COUNTY: $36,000
REVENUE PRODUCING: Yes X No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty -L OMB/Purchasing ~
Risk Management X \P S"- <
DIVISION DIRECTOR APPROVAL:
.~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM #~
DISPOSITION:
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Friends of Mallory Contract #
Square Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of Amendment to Agreement with Friends of Mallory Square to
extend the term of Agreement for the implementation of bricks at the Key
West Sculpture Garden until September 30, 2003.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 4/17 -18/02 Agenda Deadline: 4/3/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 36,000
Budgeted? Yes[8J No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $ ?.1 0\1,
117-77040-530460-T07M-366 Z 530340
- - -
----
- - -
----
- - -
----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
pate In Needed ~~vJ.eJwer
Division Director c3Jl)f/o~ YesD Nolfr /T / / <<:;.JILULI""
Risk Management Lf I'( {) z..-- Y esD No~Cl 'Wo.-~ ~\..9.~(J'\"-,..
OM.B./Purchasing 4/'1 Dd- YesD NoW ~ Q.()
County Attorney -al,t I ([}.. YesD NoB S.Hutton
Date Out
Comments:
OMB Form Revised 2/27/01 Mep #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2002, between the County of Monroe and the Friends of Mallory Square.
WHEREAS, there was a contract entered into on August 17, 2000, between the
parties, awarding $36,000 to the Friends of Mallory Square for the brick project in the
Key West Historic Memorial Sculpture Garden, and
WHEREAS, the contract was amended on April 19, 2001 to allow for an
extension of agreement to September 30, 2002, and
WHEREAS, it has become necessary to further extend the contract for an
additional period to allow time for the Friends of Mallory Square to complete the project
with matching funds;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 be extended to September 30,
2003.
2. The remaining provisions of the contract dated August 17, 2000, and
; amended April 19, 2001, 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.
Friends of Mallory Square
President
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
Asa Tift, Master Wrecker
1812-1889
Eduardo Gala, Cigar Manufacturer.
1847-1926
Sister Louis Gabriel
1879-1948
Sanelv Cornish
1793-1869
RECEIVED FEB 1 1 2002
KEY WEST HISTORIC MEMORIAL SCULPTURE GARDEN
"
lb-rtLk..s
tt 36, tJ7f!/
February 7, 2002
DisTct I Aqvisbry ~ommittee
c/q 'I'gtpi~t Development Council
PO aox866 .
Key West, Florida 33041
VIA FAX Transmittal: 296-0788
Dear District I Advisory Committee:
Please consider extending the grant dated the 17th of August 2000
for the Sculpture Garden until September 30,2003.
After September 11, 2001 donors, who provide us with funding,
became scarce. We are now seeing a revival of spirits and can
hope to be completed with our work by the above date.
c. ~ lOUts,
Edwin O. Swift, III
President
=-=. ~ ~...._--
=1~~~
EOS/mhc
201 Front Street, Suite 224-. Key \XIest, fL 3304-0. (305 h94--4-14-2' fAX: (305 )292-8902
.f.~-
\
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is ma'Cfe and entered into this It! ~ay of
pPtlL- 2001, between the County of Monroe and the Friends of Mallory Square.
,
WHEREAS, there was a contract entered into on August 17, 2000, between the
parties, awarding $36,000 to the Friends of Mallory Square, and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for the Friends of Mallory Square to complete the project;
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 ofthe contract dated August 17, 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.
Friends of Mallory Square
,~ ~~
KOLHAGE, CLERK BOARD OF COUNTY
COMMISSIONERS OF
~E COUNTY, FLORIDA
Ma~h~an f1::-(t-d
GRANT OF FUNDS
tI<
This AGREEMENT dated the /7 day OfA-~ ~ ,2000, is entered into by and between
the BOARD OF COUNTY COMMISSIONER FO MONROE COUNTY, hereinafter
"County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and the
Friends of Mallory Square, a Florida not-for-profit corporation, hereinafter "Friends of Mallory
Square."
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, improv~, 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 Friends of Mallory Square 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 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 7,12 and 13 below.
2. SCOPE OF AGREEMENT. The Friends of Mallory Square shall contract for such
services needed to brick in pedestrian areas that are currently lacking bricks at the Key West
Historic Memorial Sculpture Garden. The Friends of Mallory Square 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 $36,000.00 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 Friends of Mallory Square 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 Friends of Mallory Square 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 Friends of Mallory Square 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 Friends of
Mallory Square 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
TOC, the County, the State of Florida or authorized agents and representatives of said
government bodies. It is the responsibility of the Friends of Mallory Square to maintain
appropriate records to insure a proper accounting of all funds and expenditures. The Friends
of Mallory Square understands that it shall be responsible for repayment of a.ny 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
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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 Friends of Mallory Square
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
Friends of Mallory Square 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 Friends of Mallory Square 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
Friends of Mallory Square 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 Friends of Mallory
Square.
8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Friends of Mallory Square shall include in all contracts funded under this
agreement the following terms:
a) Anti-discrimination. The Friends of Mallory Square 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 ina 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 that:
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 Friends of Mallory Square and
c) this agreement has been approved by the Friends of Mallory Square Board of Directors.
d) Licensing and Permits. The Friends of Mallory Square 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 orCity.
9. HOLD HARMLESSIINDEMNIFICATION. The Friends of Mallory Square 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.
1 O. ANTI-DISCRIMINATION. The Friends of Mallory Square agrees that they will not
discriminate against any of their employees or applicants for employment or against persons
2
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 Friends of Mallory Square 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 Friends
of Mallory Square, except for general membership in Friends of Mallory Square. 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 agreement may
then be terminated immediately by written notice of termination delivered in person or by mail
to the Friends of Mallory Square. The County shall not be obligated to pay for any services or
goods provided by the Friends of Mallory Square after the Friends of Mallory Square has
received written notice of termination.
13. 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 the Friends of Mallory
Square 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 Friends of Mallory Square 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.1 0-1990 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
3
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." .
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 Friends of Mallory Square: Mr. Ed Swift
President, Friends of Mallory Square
201 Front Street
Key West, FL 33040
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
~ COQA~
~~ ~.....~
~ EREOF, the parties hereto have caused this agreement to be
ar first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Bys:bo-b&Q. Qu~~
Deputy Clerk
cSLky-F~
By:
Mayor/Chair~an
(SEAL)
ATTEST:
Friends of Mallory Square
By:
Presidentc:oww (Y. Sw. ....L!J::
Secretary
By:
B
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