Item E02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MAY 19.2004 Division: TDC
Bulk Item: Y es ~ No
Department:
AGENDA ITEM WORDING:
Approval of an extension to Agreement with The City of Key West for the
Southernmost Point Improvement Project.
ITEM BACKGROUND:
The City of Key West has requested an extension to Agreement to allow time to
complete the project.
PREVIOUS REVELANT BOCC ACTION:
Original Agreement was approved at the BOCC meeting of April 16, 2003.
Amendment to Agreement was approved at the BOCC meeting of February 18,
2004.
CONTRACT/AGREEMENT CHANGES:
Extension to Agreement.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $30.000
BUDGETED: Yes ----X- No
COST TO COUNTY: $30.000
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty -X- OMB/Pur~ '1 ~~~anagement ~
DIVISION DIRECTOR APPROVAL: ~-;;:7"/ ~ L-Ld /
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDA ITEM # f,z...
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West Contract #_
Effective Date: 5/19/04
Expiration Date:
Contract Purpose/Description:
Approval of an extension to Agreement with The City of Key West for the
Southernmost Point Improvement Project.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 5/19/04 Agenda Deadline: 5/4/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 30,000
Budgeted? YeslZl No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
117-77040-530460- T37M-461 Y -530460
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
:g~t~J!1. Needed~.
'fJ.J..:Lfl)f Y esD No~ -
1/;3/0'1 YesO Noff
Date Out
Risk Management
O.M.B./Purchasing {I
County Attorney * YesO No
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2004, between the County of Monroe and The City of Key West.
WHEREAS, there was a contract entered into on April 16,2003, between the
parties, awarding $30,000 to The City of Key West for the Southernmost Point
Improvement Project, and
WHEREAS, an amendment to contract was entered into on February 18, 2004 to
extend the contract until March 31, 2004, and
WHEREAS, it has become necessary to extend the contract for an additional
period of time to allow the City of Key West to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
2004.
1. Contract period as outlined in Paragraph 1 be extended to September 30,
2. 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 expended by September 30, 2004. No funds will be available for use for this project
agreement after September 30, 2004.
3. The remaining provisions of the contract dated April 16, 2003, remain in
full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
The City of Key West
(SEAL)
ATTEST: CITY CLERK
Mayor
City Clerk
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
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THE CITY OF KEY WEST
P. o. BOX 1409
KEY WEST, FLORIDA 33041-1409
March 11, 2004
Linda Stuart
TDC
PO Box 866
Key West, FL 33040
RE: Grant Extension Request for Southernmost Point Museum
Dear Ms. Stuart:
The City of Key West respectfully requests a 6 month extension for the Southernmost
Point Museum. This is an admirable project, and the entire project is 90% complete,
however, the art work contracted for that memorializes the history of the area is not yet
installed. I am aware the DAC does not like to extend grants, and I apologize for this
request and added work. I will not request an additional extension, and all required
paperwork and invoicing will be in your office prior to the close of the fiscal year and the
grant closure date.
Sincerely,
~~-
Annalise Mannix-Lachner
Manager of Engineering Services
cc: Maxine Pancini
Key to t he Caribbean - A verage yearly temperature 770 F.
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AMENDMENT TO AGREEMENT
CG-12. THIS ADDENDUM to agreement is made and entered into this /11ay of
~ 2004, between the County of Monroe and The City of Key West.
WHEREAS, there was a contract entered into on April 16, 2003, between the
parties, awarding $30,000 to The City of Key West for the Southernmost Point
Improvement Project, and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for The City of Key West to complete the project;
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 March 31,
2004.
2. The remaining provisions of the contract dated April 16, 2003, 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.
YL. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MON DE COUNTY, FLORIDA
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INTERLOCAL AGREEMb... r
FOR
GRANT OF FUNDS
This AGREEMENT dated the~ay of PFeIl- 20Qi 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 Key West,
hereinafter" Contractor".
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, Contractor has applied for funding for the Southernmost Point Improvement
project, hereinafter "the Project"; and
WHEREAS, Contractor 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
acquire and rehabilitate the project for use as a beach park facility open to the public;
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 April 16, 2003 through December
31, 2003. 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 Contractor shall provide such services and materials as are
required to design and construct park pedestals, benches and descriptive plaques at the
Southernmost Point, located at the foot of Whitehead Street, Key West.
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 $30,000 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
Southernmost Point Project
1
documentatien necessa~ ..J support a claim for reimbursemeL 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.
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
Southernmost Point Project
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violation of said statutes~ ... Jinances, rules or regulations sha( Jnstitute 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.
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) 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. 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.
10. 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 TOC
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.
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11. TERMINATION. This agreement shall terminate on Septclllbdl ~, 2003. 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.
Southernmost Point Project
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12. TERMINATION~' - ,{ BREACH. The County may imnC 4.ately 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.
13. 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.
14. 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.
15. 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.
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: 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.
18. 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.
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
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amount~ adequate to re~~. __Ild to any and all claims within thee ..tations of Florida Statute 768.28
and 440, arising out of the activities governed by 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.
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 City of Key West:
Annalise Mannix-Lachner
City of Key West
P.O. Box 1409
Key West, FL 33041
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
For County:
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the ~.ay~~r first above written.
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AltJ5$1 t DANN,( L KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:s:::bo.L.Jl..Q. ~ Q.h\.,~
Deputy Cle
BY:~~ >n ~
Mayor/Chairman
Southernmost Point Project
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