Item D04
BOARD OF COUNTY COMMISSIONERS
,
AGENDA ITEM SUMMARY
Meeting Date: JANUARY 21. 2004 Division: TDC
Bulk Item: Yes --X- No - Department:
AGENDA ITEM WORDING:
Approval of an Inter-local Agreement with the City of Marathon for the Sombrero
Beach Swimming Area Buoys project in an amount not to exceed $13,000, DAC III, FY
2004 Capital Project Resources.
ITEM BACKGROUND:
TDC approved same at their meeting of November 12, 2003.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $13.000 BUDGETED: Yes -L No -
COST TO COUNTY: $13.000 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No AMOUNT PER MONTH_ Year
-
APPROVED BY: County Atty ---X- ~RiskManagement~
DIVISION DIRECTOR APPROVAL:
'V~
(Lynda Stuart)
DOCUMENTATION: Included X To Follow - Not Required_
DISPOSITION: AGENDA ITEM # 1)y..
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon Contract #_
Effective Date: 1/21/04
Expiration Date:
Contract Purpose/Description:
Approval of an Inter-local Agreement with the City of Marathon for the Sombrero
Beach Swimming Area Buoys project in an amount not to exceed $13.000. DAC
III. FY 2004 Capital Proiect Resources.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 1/21/04 Agenda Deadline: 1/6/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 13,000 Current Year Portion: $
Budgeted? YeslZl NoO Account Codes: 119-79040-530340- T 49M -497 X 530340 ./
Grant: $
County Match: $ - - - -
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- - - -
- ---
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (e\!:. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
~ Needed
Division Director t. Y esO No~
Risk Management /tlItJ!oJ YesO No~ .'
O.M.B./Purchasing lJffi/l; YesO No[1f >4~J~
County Attorney likb Y esO No~ S.Hutton , z.. -z.. d3
Comments:
OMB Form Revised 2/27/01 MCP #2
INTERLOCAL AGREEMENT
FOR
GRANT IN AID FUNDS
This AGREEMENT dated the day of 2004, 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 City of Marathon,
hereinafter" Grantee".
WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct,
extend, enlarge, remodel, repair, or improve museums, zoological parks, fishing piers, nature
centers or sports arenas which are publicly owned and operated or owned and operated by not-
for-profit corporations, and
WHEREAS, Grantee has applied for Grant in Aid funding for the Sombrero Beach
Swimming Area Buoys project, hereinafter "the Project"; and
WHEREAS, Grantee has the ability to act as manager for the project; 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
improve the project for use as a beach open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments contained
herein, the Grantee 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 January 21, 2004 through
September 30, 2004. 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
7,11 and 12 below.
2. SCOPE OF AGREEMENT. The Grantee shall provide services and materials as are
required to install permanent swim buoys with GPS coordinates to specify swimming area, and
no-motor buoys for safety at West end of Sombrero Beach in Sister Creek and along entire beach
front. This will include engineering and permitting; anchor installation and buoys and installation.
This project shall be completed and invoices submitted to the County Finance Department no later
than September 30, 2004. The Grant in Aid funds must be expensed in the fiscal year ending
September 30, 2004. No funds will be available for use for this project agreement after
September 30, 2004.
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. Should any signage be erected acknowledging
the development of the project, said signage shall acknowledge the Tourist Development Council
of Monroe County.
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work plan. The Grantee 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 Grantee to maintain appropriate records to
insure a proper accounting of all funds and expenditures. The Grantee 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 Grantee 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 Grantee
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
Grantee 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 Grantee
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 Grantee.
8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The
Grantee 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.
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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.
16. 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.
17. AUTHORITY: Grantee 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
Grantee below certifies and warrants that the Grantee'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 Grantee, and this agreement has been approved by the Board of Directors of Grantee or
other appropriate authority.
18. LICENSING AND PERMITS: Grantee 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.
19. INSURANCE: The parties to this agreement stipulate that each is a state governmental
agency as defined by Florida Statutes and represents to the other that it has purchased suitable
Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in
amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28
and 440, arising out of the activities governed by this agreement. The Grantee 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.
Each party shall be responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other party harmless
from all claims arising out of such actions.
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 Grantee: Harry DeLashmutt
Ports Manager
City of Marathon
10045-55 Overseas Highway
Marathon, FL 33050
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EXHIBIT A
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 TOC 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 N/A
b )Project $26.000.00
Percentage of TOC funds requested of Total Budget: (not to exceed 50%
of the total project cost)
a)Phase nla
b )Project $13.000.00
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 shall be in-kind services.
a) Hard-dollar City of Marathon Budaet
b) In-Kind lSO%) limit:
Total confirmed matching Hard-dollar funds: $13.000.00
Total confirmed matching In-kind funds:
This amount should equal or exceed TDC Funds requested.
Proiected in-kind services and aoeds shall be allocated the followino values.
subiect to negotiation with TDC/Countv. List here all such anticioated values:
N/A
4. Outline of expansion opportunity for acquiring further match grants.
None
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