Item D4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 21. 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of snd permission to advertise the FY 2003 Monroe County Tourist
Development Council Capital Project Funding Request for Bids.
ITEM BACKGROUND:
TDC approved same at their meeting of August 7,2002.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $
BUDGETED:
COST TO COUNTY: $
/TOURIST PAY
REVENUE PRODUCING: Yes 1L- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMBlPurchasing -----X- Risk Management X
DIVISION DIRECTOR APPROVAL: ~~~
, (Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDAITEM#~
Revised 2/27/01
FY 2003 Capital Project Application
Application for funding
of
Capital Projects
1
TABLE OF CONTENTS
CAPITAL PROJECT
Notice of Request for Bid
Capital Projects
Part I
Part II
Part III
Part IV
Part V
Part VI
Part VII
Part VIII
Part IX
Part X
- General Conditions of Application & Agreement
- Capital Project Criteria Factsheet
- Application for Capital Projects Funding
- Project Description
- Project Budget & Timetable
- Project Benefits
- Additional Information
- Non-Collusion Affidavit
- Drug Free Workplace Form
- Attachments and Certifications
Sample Capital Project Agreement
FY 2003 Capital Project Application
2
4
5-7
8 -11
12 - 13
14-15
16 - 22
23 - 24
25
26
27
28
29
30 - 35
NOTICE
This Request for Bid is subject to change prior to its issuance
should there be a change in policy by the Board of County
Commissioners or the TDC.
FY 2003 Capital Project Application
3
NOTICE OF CALUNG FOR BIDS
NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on September 26, 2002 at no
later than 5:00 p.m. The Monroe County Purchasing Office will receive sealed bids for the
following:
BRICKS AND MORTAR/CAPITAL PROJECTS
The following is a list of district boundaries in which funds will be allocated:
Key West - (shall encompass the City Limits of Key West)
Lower Keys - (city Limits of Key West to West end of Seven Mile Bridge)
Marathon - (west end of Seven Mile Bridge to Long Key Bridge)
Islamorada - (between Long Key Bridge and mile marker 90.7)
Key Largo - (from mile marker 90.7 to the Dade/Monroe County line and any portions of
Monroe County)
The respective districts wish to solicit bids for consideration within the parameters for
such expenditures as outlined in F.S. 125.0104 - paragraph (5) (a) 1. thru 4. - Tourist
Development Tax.
Specifications and Bid Documents may be requested from DemandStar by Onvia by
calling 1-800-711-1712 or by going to the website at www.demandstar.com Questions
regarding the Bid should be directed to the Administrative Office of the Tourist Development
Council, (305) 296-1552. Any addenda to this Request for Bids (RFB) shall be distributed to
vendors on the list of Demandstar distributees for this RFB,
All bids must be received by the Monroe County Purchasing Office on or before 5:00 p.m on
September 26, 2002. No waivers shall be allowed for proposals which have not been
submitted to the County Purchasing Department by the close of business on the deadline date.
Bidders must submit two (2) signed originals and eighteen (18) complete copies of each bid in a
sealed envelope clearly marked on the outside: "Sealed Bid for Bricks and Mortar/Capital
Projects", addressed and delivered to:
Purchasing Office, 1100 Simonton Street, Room 2-213, Key West, Florida 33040
All bids must remain valid for a period of ninety (90) days. The Board will automatically reject
the bid of any person or affiliate who appears on the convicted vendor list prepared by the
Department of General Services, State of Florida, under Section 287.133(3)(d), F.S. (1997).
Contract award will be by the Monroe County Board of County Commissioners to those
proposers whose Bids are/is deemed by the BOCC, upon recommendation of the Monroe
County Tourist Development Council, to be in the best interest of Monroe County,
Dated at Key West, Florida, this
day of
,2002.
FY 2003 Capital Project Application
4
CAPITAL PROJECTS
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL (TDC) THIRD PENNY
Permissible Uses Of Funds
All Capital projects funded by TOC shall be owned and operated by either a
Governmental entity or not-far-profit organization.
To acquire, construct, extend, enlarge, remodel, repair, improve, one or more publicly owned
and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums
within the boundaries of the county or subcounty special taxing district in which the tax is levied.
These purposes may be implemented through contracts and leases with persons who maintain
and operate adequate existing facilities.
To finance beach improvement, maintenance, renourishment, restoration, and erosion control.
To acquire, construct, extend, enlarge, remodel, repair, improve maintain or promote one or
more museums, zoological parks, fishing piers or nature centers which are publicly owned and
operated or owned and operated by not-for-profit organizations and open to the public. Please
note that part 1, Item 12 (page 9) and part VII, Item 6 (page 26) require the grantee to provide
for maintenance.
The following information must be provided:
· Demonstration of the need for project,
. Specific benefits to Monroe County Tourism,
. What percentage of the total funds required for the project are being sought through the Tourist
Development Council,
. Description, clearly defining the portion for which TDC funds are being requested, of land,
improvements, and specifics of project,
· Specific history of project,
· Impact to the area,
· Evidence of community support,
· Capital expenditure budget for the project,
. Annual operating budget upon completion, including maintenance and repairs
A budget based on estimated expenditures for related expenses shall be provided.
Applvina for Funds:
1 . Sealed applications will be submitted to the Office of Purchasing, 1100 Simonton Street,
Room 2-213, Key West, Florida 33040, on or before 5:00 p.m. on September 26, 2002,
2, 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 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 ($3,000.00)
for a period of 36 months from the date of being placed on the convicted vendor list.
FY 2003 Capital Project Application
5
3. All bidders must submit two (2) signed originals and eighteen (18) complete copies of
each application in a sealed envelope marked on the outside "Capital Projects
Application". All applications must remain valid for a period ninety (90) days.
Specifications and/or further information may be obtained by contacting the
Administrative Office of the Tourist Development Council, (305) 296-1552.
4. The Monroe County Board of County Commissioners (BOCC) reserves the right to reject
any or all applications as deemed in the best interest of Monroe County or waive any
informality in any application and may choose to readvertise. The Monroe County
Tourist Development Council (TDC), may, as an advisory body, make recommendations
to the BOCC for acceptance or rejection of any and all applications.
5. Contract award will be by the Monroe County Board of County Commissioners to that
entity whose application is deemed by the BOCC, upon recommendation of the Monroe
County Tourist Development Council, to be in the best interest of Monroe County.
6. A member of your organization must be present to answer questions at the District
Advisory Committee and Monroe County Tourist Development Council meetings when
the application is considered.
7. No application can be brought before the full TDC until it has been approved by the
District Advisory Committee in the district from which the funds will be utilized,
8. The Monroe County Board of County Commissioners and the Monroe County Tourist
Development Council accept no responsibility for any expense incurred in the bid,
preparation and presentation, such expenses to be borne exclusively by the proposers.
9. Bid Schedule:
(contact Administrative Office, (305) 296-1552 for updated information)
(TDC/DAC Workshops/Review/Evaluation meeting dates subject to change)
Issue of Request for Bid
Workshop for Interested Applicants
Application Deadline
DAC Review/Evaluation of Applications
TDC Review/Evaluation of Applications
BOCC Approval
August22,2002
Se~ember3/4,2002
September 26, 2002
October 15/16,2002
October 29,2002
November 13,2002
December 15, 2002
Be advised that if your organization is awarded funding:
a. TDC funds only that percentage it shares under the AlA (or percentage of completion)
payment process. All submissions should have a proposed schedule of values for
phases and indicate the percentage of completion of the overall project as of the
submission. This document should be signed by the project architect, engineer, general
contractor or project manager.
FY 2003 Capital Project Application
6
b. Progress payments shall be made provided that AlA Document G702, APPLICATION
AND CERTIFICATE FOR PAYMENT, containing contractor's signed Certification is
attached.
c. All payment requests must be submitted no later than 120 days after the completion of
project. Documentation shall be submitted to the TDC Administrative Office to show the
receipt and application of in-kind donations of goods, professional services, and
materials. Said documentation should include invoices, bills of lading, etc" and be
verified as received and applied to the project through a notarized statement of the
project architect, engineer, general contractor or project manager,
Submission of invoices must be certified through a statement signed by an officer of the
organization and notarized, declaring that representations in the invoice are true and
factual.
The receipt and application to the project of volunteer labor are to be documented and
verified by notarized signature of the project architect, engineer, general contractor or
project manager, and said documentation submitted to the TDC Administrative Office.
d. A conservation easement may be required as a condition of funding,
e, The recipient of TDC capital project funding shall designate a project manager if no
licensed architect, engineer or general contractor is involved in the project. If the project
is performed by County or City personnel, the project manager shall be the Engineer,
Building Official or Construction Manager of that local government.
If you have any further questions, please call the Administrative Office at 305-296-1552.
FY 2003 Capital Project Application
7
PART I:
General Conditions of Application and Agreement:
1. Please read these instructions carefully before completing the attached
application. Make certain that you provide responses to all applicable questions
and that the entire application, all required copies and supporting materials are
returned to the address indicated on page 5.
2, Do not return the instructions with your application submission.
3. Applications must be submitted on the forms provided, Do not modify or use an
adaptation of this form.
4. Answers should be typed and confined to the spaces provided on the form.
5. Sealed application shall be submitted as follows:
Two (2) originals and eighteen (18) copies of the completed application forms and
supporting documents shall be delivered to the Director of Purchasing, 1100
Simonton Street, Room 2-213, Key West, Florida 33040, no later than 5:00 p.m,
on September 26,2002. The sealed applications shall be opened by the Monroe
County Purchasing Department on the following day of receipt of applications.
6. Reservations: The TDC/County reserves the right:
a) to reject any and all applications;
b) to waive irregularities and informalities in any and all applications;
c) to readvertise for applications;
d) to separately accept or reject any item or items of a application; and
e) to award and/or negotiate a contract in the best interest of the TDC/County.
7, Attachments must be confined to those listed in the Attachments & Certifications
checklist on page 29 of the Application. They should be labeled as indicated in
the Checklist (i.e., Attachment A, Attachment B, etc.) and must be submitted in the
number of copies required.
8. If architectural planning is in progress, submit such drawings and outline
specifications as may be available to describe the proposed work as completely
as possible.
9. Note that individuals and for-profit organizations are not eliaible to compete for
Capital Projects funds.
FY 2003 Capital Project Application
8
10. Affidavits and Application Document:
a) All applications shall be complete and submitted on the attached document
with required number of copies. Any additional information, deviation from
requirements, etc., shall be submitted in the form of attachments thereto.
b) The application and affidavit(s) signature pages must be signed by an
authorized person. If application is submitted on behalf of any corporation,
it must be signed in the name of the corporation by any authorized officer
as agent thereof. If practicable, the seal of the corporation shall be
applied.
c) Failure to comply shall be cause for rejection of application.
11 . Indemnification and Hold Harmless:
The provider covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned
by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of the services
provided, event sponsored, or other activities and funding associated with this
agreement.
a) Insurance: The provider is responsible for obtaining original Certificates of
Insurance from all contractors and subcontractors that will be utilized in the
completion of the Capital Project. At a minimum, Workers Compensation,
Employers Liability $100,000, General Liability $300,000, and $250,000 Architects
and Engineer Professional Liability may be required. Higher limits may also be
required, depending on contemplated Capital Project. Final insurance
requirements will be determined by Monroe County's Risk Manager in conjunction
with the award of each Capital Project funding contract.
12. Maintenance:
The provider shall be responsible for all maintenance and operational costs of the
premises improved or constructed with the use of funding from the TDC/County.
The provider shall be responsible to the TDC/County for the safekeeping and
proper use of the property entrusted to provider's care, to include any and all
insurance for the value of the equipment and any maintenance or service
contracts relating to such equipment for its service life.
Any disposal of assets procured through funding under this agreement shall
comply with chapter 274. F.S.
FY 2003 Capital Project Application
9
13, Permits:
Provider shall be responsible for securing all federal, state and local development
approval and permits necessary to complete the project. Award of funds under
this application shall not indicate any development approval by the County and
provider shall be required to comply with all County concurrence requirements
under Land Use laws of the County and State.
14, Taxes:
The TDC/County is exempt from Federal, Excise and State of Florida Sales Tax.
15. Performance Guarantee:
A successful provider shall warrant, by signing this application, that provider has
the financial capability of completing the project as planned without the need to
request further funding from TDC/County for same.
For insurance program coverage, the provider by signing the application certifies
that:
Provider, its principals, and any previously owned business is/are not and have
never been in default to Monroe County under the terms of any contract. (Default
means failure to fulfill contractual obligations where County had to take legal
action to obtain remedy or where a bonding company had to make good for
provider.)
16, Construction and Other Contracts:
Provider, by signing this application, warrants that, if awarded funds for the
project, all contracts, for construction or otherwise, to complete the project shall be
let in compliance with all applicable laws and County purchasing policy and to
comply particularly with the F.S, Chapter 255, chapter 274 and chapter 287.
Provider further agrees to provide TDC/County and their designated
representatives with:
a) access to the project premises for inspection of the progress of the project;
b) documentation including copies of all sub-contracts/Request For Bids
verifying compliance with purchase/construction/architectural contract
requirements of the County; and
c) access to all records concerning the project. These records must be
retained by provider for a minimum of three (3) years after the termination
date of agreement. All records must be kept in accordance with Generally
Accepted Accounting Principles.
FY 2003 Capital Project Application
10
17. Termination for Default/Convenience:
The TDC/County reserves the right to terminate any contract and agreement if, in
its opinion, there shall be a failure at any time, to properly perform faithfully any of
the project as funded by TDC/County according to the plan presented with the
application, or as modified and accepted in writing by TDC/County.
Further, TDC/County reserves the right to terminate payments under this
agreement should the anticipated funding become unavailable for any reason.
Should termination occur under this provision, TDC/County shall give provider
thirty (30) days notice prior to termination.
18. Non-discrimination:
During the term of this agreement, provider shall comply fully with all applicable
laws concerning non-discrimination and does, by signing this application, further
agree as follows:
a) Provider will not discriminate against any employee, applicant for employment,
contractor or other person on the basis of race, color, religion, sex, national origin
or physical or mental handicap where the handicap does not affect an individual's
ability to perform in a contractual or employment position.
19. Drug-Free Workplace:
Provider shall maintain a drug-free workplace which complies with the County's
policy on same, (Request For Sid Page 28)
20. Payments:
Provider shall submit all documentation required by the County Finance
Department in accordance with instructions from said Department, prior to
payment of any funds awarded, Ten percent (10%) of every progress payment
shall be withheld by County until certification of completion of project.
21. Contractor and Sub-contractor Bonding:
Provider shall require all contractors and sub-contractors to post such
performance bonds as are required by such contractors/sub-contractors entering
into contract with the TDC/County.
22. Provider shall be required to display an appropriate public acknowledgment of
the support of the Monroe County Tourist Development Council in a publicly
prominent area of the project.
FY 2003 Capital Project Application
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PART II:
Capital Projects Criteria Factsheet
The following Capital Criteria Factsheet must be completed in the affirmative. (Circle those that
apply) .
1 , Does the project involve one of the following:
a, acquire
b. construct
c. extend
d. enlarge
e, remodel
f. repair
g, improve
2. Is the project
a. publicly owned and operated
b, owned and operated by a not-for-profit organization?
c. publicly owned and operated by a not-for-profit corporation?
3. Is the project one of the following within the boundaries of
Monroe County or subcounty special taxing district:
a. convention center
b. sports stadium
c. sports arena
d. coliseum
e. auditorium
f. fishing piers
g, museums
h. zoological park
i. nature center
j. beach
4, If a beach, does the project fall under any of the following:
a, improvement
b. renourishment
c. restoration
d. erosion control
FY 2003 Capital Project Application
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5, If the TDC/County requires a Conservation Easement Deed or
mortgage note requiring repayment of TDC monies in the event of
transfer of ownership or change in use of the premises, would
you be agreeable to executing same?
6, Does the applicant request transfer of title or management of a
project to the County?
If so, why?
EXHI BIT A
Questions 7 - 13 to be completed by the administrative office prior to submission to
TDC/DAC's
7. Has the County Attorney's Office established compliance with
State Statute and County Ordinance?
8. Is demonstration of need for project enclosed?
9. Are specific details outlining the benefits to Monroe
County's tourism program enclosed?
10. Is there a statement of primary purpose of the project to promote
tourism in Monroe County?
11 . Is there enclosed a complete budget of the project clearly
identifying by percentage, the portion that may be funded under
a capital expenditure agreement with TDC/County?
12. Will the project be self supporting?
13. To which district should this project be forwarded?
FY 2003 Capital Project Application
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PART III:
Application for
Capital Projects Funding
Submit to:
Office of Purchasing
1100 Simonton Street
Room 2-213
Key West, FL 33040
APPLICATION SUMMARY - ALL PROJECTS
1 . Project Title:
2,
3.
Location or address of
project area:
County:
Attach Map
FY 2003 Capital Project Application
14
Type of Project:
convention center
sports stadium
sports arena
coliseum
auditorium
fishing pier(s)
museum
zoological park
nature center
beach
4. There should only be one (1) applicant. The applicant must be a non-profit
organization or agency of government:
Applicant name & Address:
5.
Type of Applicant:
non-profit organization
government
6,
Application is for
% of total funds to be obtained from all sources.
7.
(a)
Has applicant received previous TDC assistance: Yes
If yes, please specify year, amount and nature of project.
No
(b) List any previous grant-in-aid assistance received by the applicant or for the
property from any government agency, Indicate year of award, amount, division
which awarded the grant, and a brief description of the project assisted by each.
8. For purposes of this application No more than fifty (50%) percent of matching
funds or twenty-five (25%) percent of total project shall be of in-kind
services.
(a)
TDC funds
requested:
Confirmed Matching
Hard-Dollar funds
(50% limit)
Confirmed Matching
In-kind Funds
Total Project
Cost
(b) If matching funds, state provider of said monies:
(i) Hard-dollar:
(ii) In-kind:
(c) Specify items/services for which TDC monies will be paid if this application is
approved, Also specify how much is anticipated to be spent on each item/service.
Please refer to paragraph 2 of the Sample Agreement on Request For Bid page 30.
9. In the space below, provide a brief synopsis of the overall project and describe
specifically the work to be accomplished with the funds requested.
10. Designated Project Contact/Supervisor:
Name: Title:
Daytime Telephone no,:
Business Address:
Fax: E-mail:
Project contact/supervisor is responsible and liable for statements provided in this
application.
FY 2003 Capital Project Application
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PART IV:
PROJECT DESCRIPTION
1. Use:
A. Original use of structure and date of construction:
B. Modifications to the present date including date & description:
C. Present use:
D, Any other uses between original and present:
E. Proposed use:
F, Attach photograph of existing site:
G. Historic designation: Indicate whether the property has been listed in the National
Register, is located in a National Register district, is a locally designated historic
landmark or is located in a locally designated historic district. If located within a district,
provide the official name of the district. This information is available from the planning
agency having jurisdiction over the property,
Applicant shall provide proof of property ownership or long-term lease for consideration of
funding. All Capital projects funded by TDC shall be owned and operated by a govemmental
entity or not-for-profit organization.
2, Ownership or other interest in property by applicant:
(a) Official records reference for ownership documentation:
(b) If not owned by applicant, provide long-term lease of property
(c) If not owned by applicant, provide notarized consent letter from owner for use of
property as outlined in this application.
FY 2003 Capital Project Application
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3, If proposed project calls for transfer of title of real property to County, two (2) current real
estate appraisals and one (1) environmental assessment shall be provided. The
TDC/County shall ascertain, prior to acceptance of any donation or prior to purchase,
that the property will pose no environmental hazard, or liability for same, to County. The
TDC/County must also ascertain permissible government interest in the transfer of title.
Indicate any such proposed title transfers here:
4. Acquisition funding request: The purchase amount shall not exceed the value of the
property as determined by the average of two appraisals, or the average of the closest
two appraisals if more than two are obtained, NOTE: The maximum grant amount
from tourist development revenue for an acquisition project shall not exceed 50%
of the purchase amount. Indicate the area of the property to be acquired in acres.
In evaluating applications for acquisition funding, an important consideration is the
appropriateness of the size of the site to be acquired. Determinations of the
appropriateness of site size will be made on a case-by-case basis and will depend on the
characteristics for which the property is considered to be significant. Sufficient property
should be acquired to assure that the historic relationship of a structure or archaeological
site to its surrounding environment is preserved, However, it is important that no more
property than is necessary to achieve established preservation objectives be included in
the acquisition project application. As this factor is crucial to favorable consideration of
your grant application and will have substantial impact on the cost of the required
application documentation, we encourage prospective applicants to consult with the staff
of the TDC Administrative Office prior to initiating the required documentation.
5. Statement of significance to the promotion of tourism in Monroe County.
FY 2003 Capital Project Application
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6, Protection of property: Indicate any type of state or federal protection currently
afforded the property, It may be that more than one type may be applicable. Provide
citations for applicable local protective ordinances. Include copies of property-specific
restrictive legal instruments in an attachment. By signing and submitting this
application/bid, the proposer warrants that all restrictions are disclosed. Failure to
include every restriction on the property may result in immediate termination of any
agreement and demand for return of any monies paid thereunder,
7. Is the property threatened by imminent destruction, deterioration or other loss which may
include demolition, vacancy, severe deterioration, loss of structural integrity, encroaching
development, adverse environmental conditions, vandalism, etc. Be specific regarding
the nature of immediacy of the threat. If so, describe in detail:
8. A) Are there any building restrictions on the site? If so, describe. Attach copies of
all recorded easement and restrictive covenants, By signing and submitting this
application/bid, the proposer warrants that all restrictions are disclosed. Failure to
include every restriction on the property may result in immediate termination of any
agreement and demand for return of any monies paid thereunder.
FY 2003 Capital Project Application
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B) Is the proposed project compatible with the County's Concurrency Requirements
under the existing and proposed Land Use Comprehensive Plan? How have you
ascertained such compatibility? (Note: If your description does not provide
information about existing permits and/or review by the County Planning
Department, your application shall be rejected,)
C) Does the site contain endangered or threatened species of flora or fauna?
If so, describe:
D) Are there facilities existing or planned to accommodate the physically disabled?
Yes_ No_ Describe/Explain:
FY 2003 Capital Project Application
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E) Public accessibility and use: Indicate the extent to which the property be open
to the public each year (hours per day, days per week and weeks per year) upon
project completion, Indicate whether or not the property will be accessible to the
handicapped per Chapter 553, Part V, Florida Statutes and the Americans with
Disabilities Act, Public Law 1012-336, If not, Provide a brief explanation.
Estimate the number of persons who will use or visit the completed facility
annually. For archaeological projects, if the site will not be accessible to the public,
estimate the number of persons annually who will be exposed to the interpretive
materials and reports resulting from the project. How was this estimate derived?
9, Describe present physical condition of site: (attach legal description per property tax
records). Indicate, by checking the appropriate term, the present condition of the
property.
Excellent: The property is habitable and occupied; no repairs are needed. All physical
evidence indicates that the property is under continuous maintenance, Application is for
expansion and enhancement.
Good: The property is habitable and occupied; only cosmetic repairs are needed
(e.g., peeling paint, missing ornamental features, some deteriorated mortar, etc.)
Property is maintained but in need of minor repair.
Fair: The property is habitable but may be vacant. Both the structural integrity
(foundation, framing, etc,) and weather tight integrity of the property (siding, walls,
roofing, etc.) are in jeopardy because of prolonged neglect.
Poor: The property is uninhabitable and vacant. Major structural repairs are
needed, Weather tight integrity has been lost. The property is derelict, abandoned and
not habitable without major rehabilitation work.
FY 2003 Capital Project Application
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Also, list any specific factors or problems which contribute to the present condition of the
property.
10. List and describe all major work items included in the proposed project:
not yet initiated
12. Name and Address of project
consultant (architect, engineer,
contractor, etc,):
11. Status of Project Planning:
initiated
schematics complete
design development
documents complete
construction documents
complete
Enclose planning or architectural documents completed to date (1 set).
FY 2003 Capital Project Application
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13, Has a contract for architectural services or constructional services been executed? If so,
indicate the scope of services to be provided under this contract and whether these
services were obtained through competitive negotiations, requests for bids or other
process,
14. Describe the means by which the structure(s) affected by this project will be maintained
subsequent to restoration/rehabilitation, Include sources and estimated amounts of
funding for such maintenance, It is the County's policy not to fund operations and
maintenance costs of organizations notwithstanding any tourism promotional value of a
project.
FY 2003 Capital Project Application
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PART V:
PROJECT BUDGET AND TIMETABLE - ALL PROJECTS
1 . Cost Estimates: List all major work items and the estimated costs of each. If the project
is phased, segregate clearly those costs for the phase to be assisted by the TDC funds
requested, All phases and total estimated cost of the entire project must be listed here.
Total cost of phase/project for which funds are requested: (not to exceed 50% of the total
project cost)
a) Phase
b) Project
Percentage of TDC funds requested of Total Budget: (not to exceed 50% of the total
project cost)
a) Phase
b) Project
2. Confirmation that signed, sealed bid process was utilized for acquiring architectural
services, or that project does not require architectural services,
3. Matching Funds. List the sources and amounts of confirmed matching funds. (For items
involving personnel, include the number of hours to be spent on the project activities and
their per-hour value). These funds must not be expended before execution of a Capital
Project Agreement. Prior donated services or expenditures are not acceptable as match
for grant funds. No more than fifty (50%) percent of matching funds or twenty-five (25%)
percent of the total project.
A: Hard-dollar:
B: In-Kind (50%) limit:
Total confirmed matching Hard-dollar funds:
Total confirmed matching In-kind funds:
This amount should equal or exceed TDC Funds requested.
FY 2003 Capital Project Application
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Part V (continued)
4. Outline of expansion opportunity for acquiring further match grants,
3. Tentative timetable. Indicate all major project activities and the anticipated
time required to complete each stage of the project on the graph below.
Project Timetable (in months)
Proiect Activitv 1 2
3
4
5
6
7
8
9
10
11
12
A.
B,
c.
D.
E.
F.
G.
H.
Please indicate any critical dates and explain why they are critical.
4.
What is the total project cost:
$
5. Length of time for project completion (months and year(s):
FY 2003 Capital Project Application
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PART VI:
PROJECT BENEFITS - ALL PROJECTS
1 , Is the primary purpose of the project to promote tourism in Monroe County?
2. How will the project promote tourism in Monroe County?
FY 2003 Capital Project Application
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PART VII:
ADDITIONAL INFORMATION - ALL PROJECTS:
1, District in which the project is located,
2. Population of city/district where project activity will take place.
3. Federal Employer's Identification Number of Applicant's organization.
4. Permitting: List all permits required to complete this project.
5. Outline of proposed program in which this project will promote tourism
in Monroe County.
6, Applicant must demonstrate the ability to complete the project as proposed and to
maintain and operate the project as a viable and long-term tourist attraction and is open
to the public,
Included in this demonstration should be a summary of the applicant's past grant
experience, past two (2) year's financial statements, proposed operational budget and
description of administrative resources available to applicant and committed to the
project. Attached financial statements, budgetary and other documents.
FY 2003 Capital Project Application
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PART VIII:
NON-COLLUSION AFFIDAVIT
and
VERIFICATION
I, , of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1) I am , the bidder making the bid for the
project described as follows:
2) The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this affidavit
in awarding contracts for said project.
VERIFICATION
I HEREBY CERTIFY that I have read the forgoing application and that the facts stated herein
are true and correct to the best of my knowledge and belief.
President's Name Typed
President's Signature
Sworn to and subscribed before me this day of ,2002.
personally appeared , and
known to be the persons named in and who executed the foregoing document.
My commission expires:
Notary Public
State of
FY 2003 Capital Project Application
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PART IX
DRUG FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1 . Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations,
3, Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction,
5, Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section,
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Bidder's Signature
Date
FY 2003 Capital Project Application
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PART X:
ATTACHMENTS AND CERTIFICATION - ALL PROJECTS
1. The following supporting documents are attached:
(a) Official record reference for ownership documentation
(b) Consent letter from owner for use of property as outlined in this
application
(c) Citations for applicable local protective ordinance if applicable
(d) Proof of ownership/consent of owner for use of property as
outlined in this application
(e) Copy of letter designating project supervisor
(f) Map showing location and boundaries of project area (for all types
of projects involving specific site or area which cannot be
identified by a street address)
(g) Photographs of existing conditions of project site(s) or area (two sets
of originals and 18 photocopies or originals)
(h) Documentation of confirmed matching funds, Such documentation
may be comprised of contracts, executed grants, or other similar
complete and executed documents
(i) Annual operating budget upon completion
G) Plans and specifications, if completed (development projects only)
(one set only)
(k) Criteria Fact Sheet
(I) All restrictive documents governing use of the property
(m) Non-Collusion Affidavit and Verification Form (notorized)
(n) Drug Free Workplace Form
2. I certify that the information contained in this application is true and correct to the best of
my knowledge, and that I am the duly authorized representative of the applicant.
Signature:
Title: Date:
FY 2003 Capital Project Application
29
SAMPLE
Grant of Funds Aareement
This AGREEMENT dated the day of 200 , 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
, a Florida not-for-profit corporation, hereinafter" Contractor".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums,
sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers
and beaches which are publicly owned and operated or owned and operated by not-for-profit
corporations, and
WHEREAS, Contractor has applied for funding for the
(acquire/renovate/etc.) the property hereinafter "the Property"; 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
acquire, construct, repair and rehabilitate the property for use as a open to the public;
project to
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the Contractor and the County have entered into this agreement on the terms
and conditions as set forth below,
1. AGREEMENT PERIOD. This agreement is for the period 200 through
200. 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 Contractor shall provide (Scope of
Proiect)
The recipient of TDC capital project funding shall designate a project manager if no licensed
architect, engineer or general contractor is involved in the project. If the project is performed by
County or City personnel, the project manager shall be the Engineer, Building Official or
Construction Manager of that local government.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an
amount not to exceed $ in reimbursement for materials and services used to
acquire, improve, 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, Monroe County's performance and obligation to pay
under this agreement is contingent upon an annual appropriation by the BOCC.
a). Payment for expenditures permissible by law and County policies shall be made through
reimbursement to Contractor upon presentation of invoices, canceled checks and other
documentation necessary to support a claim for reimbursement. Included in said
documentation shall be proof that the Contractor has received and applied to the property
matching funds equivalent to or greater than the amount invoiced to the County, Submission of
invoices must be certified through a statement signed by an officer of the organization and
notarized, declaring that representations in the invoice are true and factual.
FY 2003 Capital Project Application
30
b) Application of matching funds requires actual payment of the matching funds, or, in the
alternative, a commitment of said funds and that the portion of the project for which the
matching funds are to be used has been sufficiently completed to require payment of said
matching funds. Mere obligation through execution of a contract or approval of a budget item to
be paid from matching funds will not suffice.
c) Documentation shall be submitted to the TDC Administrative Office to show the receipt
and application of in-kind donations of goods, professional services, and materials. Said
documentation should include invoices, bills of lading, etc., and be verified as received and
applied to the project through a notarized statement of the project architect, engineer, general
contractor or project manager. The receipt and application to the project of volunteer labor are
to be documented and verified by notarized signature of the project architect, engineer, general
contractor or project manager, and said documentation submitted to the TDC Administrative
Office. All submissions should have a proposed schedule of values for phases and indicate the
percentage of completion of the overall project as of the submission. This document should be
signed by the project architect, engineer, general contractor or project manager.
4. REPORTS. The Contractor shall provide financial reports in summary of activity on
forms provided or approved by the TDC, and quarterly narrative reports of activity under the
approved work plan. The Contractor 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 Contractor to maintain
appropriate records to insure a proper accounting of all funds and expenditures. The
Contractor 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, the Contractor 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
Contractor 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 Contractor 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
Contractor 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 agreement immediately upon
delivery of written notice of termination to the Contractor.
FY 2003 Capital Project Application
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8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The Contractor shall include in all agreements funded under this agreement the
following terms:
a) Anti-discrimination. Contractor 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 agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has
any interest, financially or otherwise, in contractor. For breach or violation of this warranty, the
Contractor shall have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding
for this agreement is available at least in part through the County and that violation of this
paragraph may result in the County withdrawing funding for the Project.
c) Hold harmless/indemnification. Contractor acknowledges that this agreement is
funded at least in part by the County and agrees to indemnify and hold harmless the County
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 (collectively claims)
arising directly or indirectly from any negligence or criminal conduct on the part of Contractor in
the performance of the terms of this agreement. The Contractor shall immediately give notice
to the County of any suit, claim or action made against the Contractor that is related to the
activity under this agreement, and will cooperate with the County in the investigation arising as
a result of any suit, action or claim related this agreement.
d) Insurance. Contractor agrees that it maintains in force at its own expense a liability
insurance policy which will insure and indemnify the Contractor and the County from any suits,
claims or actions brought by any person or persons and from all costs and expenses of litigation
brought against the Contractor for such injuries to persons or damage to property occurring
during the agreement or thereafter that results from performance by Contractor of the
obligations set forth in this agreement. At all times during the term of this agreement and for
one year after acceptance of the project, Contractor shall maintain on file with the County a
certificate of the insurance of the carriers showing that the aforesaid insurance policy is in
effect. The following coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000 per
occurrence for bodily injury, personal injury and property damage.
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit per occurrence.
The Contractor, the County and the TDC shall be named as additional insured, exempt workers
compensation. The policies shall provide no less than 30 days notice of cancellation, non-
renewal or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of insurance showing that the
aforesaid insurance coverage's are in effect.
FY 2003 Capital Project Application
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e) Licensing and Permits. Contractor 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/INDEMNIFICATION. The Contractor 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 this agreement. The Contractor shall immediately
give notice to the County of any suit, claim or action made against the County that is related to
the activity under this agreement, and will cooperate with the County in the investigation arising
as a result of any suit, action or claim related to this agreement.
10. ANTI-DISCRIMINATION. The Contractor 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 Contractor 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 the said funded project, except for
general membership. For breach or violation of this warranty, the County shall have the right to
annul this agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, brokerage or contingent fee.
12. TERMINATION. This agreement shall terminate on . 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 Contractor. The
County may terminate this agreement without cause upon giving written notice of termination to
provider. The County shall not be obligated to pay for any services or goods provided by
Contractor after Contractor has received written notice of termination.
13. TERMINATION FOR BREACH. 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 Contractor 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. Failure to provide County with certification of use of matching funds or matching in-
kind services at or above the rate of request for reimbursement or payment by is a breach of
agreement, for which the County may terminate this agreement upon giving written notification
of termination.
FY 2003 Capital Project Application
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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 Contractor 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: Contractor warrants that he has not employed, retained or
otherwise had act on his behalf any former County officer or employee in violation of Section 2
or Ordinance No. 10-1990 or any County officer or 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 agreement without liability and may also, at its discretion, deduct from
the agreement 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. PUBLIC ENTITY CRIME STATEMENT: 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 an agreement to provide any goods or services to a public entity, may not submit a bid
on a agreement 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, sub-contractor, or consultant under a agreement 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. AUTHORITY: Contractor warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Contractor below certifies and warrants that the Contractor's name in this
agreement is the full name as designated in its corporate charter (if a corporation); they are
empowered to act and contract for the Contractor, and this agreement has been approved by
the Board of Directors of Contractor or other appropriate authority.
19. LICENSING AND PERMITS: Contractor 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.
20. INSURANCE: Contractor agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnify the Contractor and the County from any
suits, claims or actions brought by any person or persons and from all costs and expenses of
litigation brought against the Contractor for such injuries to persons or damage to property
occurring during the agreement or thereafter that results from performance by Contractor of the
obligations set forth in this agreement. At all times during the term of this agreement and for
one year after acceptance of the project, Contractor shall maintain on file with the County a
certificate of the insurance of the carriers showing that the aforesaid insurance policy is in
effect. The following coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of $500,000 per
occurrence for bodily injury, personal injury and property damage.
FY 2003 Capital Project Application
34
3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined
single limit per occurrence.
The Contractor, the County and the TDC shall be named as additional insured, except workers
compensation. The policies shall provide no less than 30 days notice of cancellation, non-
renewal or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of insurance showing that the
aforesaid insurance coverage's are in effect.
21. NOTICE. Any written notice to be given to either party under this agreement or
related hereto shall be addressed and delivered as follows:
For
(name)
(Address)
For County: Lynda Stuart
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
and
Suzanne Hutton, Asst. County Attorney
P.O. Box 1026
Key West, FL 33041-1026
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first above written.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
By:
By:
Secretary
President
FY 2003 Capital Project Application
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